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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 02-14-2024CITY of CAPE GIRARD~AU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION , MEETING MINUTES February 14, 2024 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Trae Bertrand, Scott Blank, Kevin Greaser, Gerry Jones, Chris Martin, Nick Martin, Sommer McCauley-Perdue, Sid Whittington Commission Members Absent: Derek Jackson Staff Present: Carol Peters, Ryan Shrimplin Call to Orde Chairman Blank called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the January 10, 2024 meeting were unanimously approved upon a motion made by Mr. Nick Martin and seconded by Mr. Greaser. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Majeed Investment Group, LLC to rezone property located at 298 North West End Boulevard from C-1 (General Commercial District)·. to NC (Neighborhood Commercial District). Mr. Steve Majeed, Majeed Investment Group, LLC, presented the request. He explained that the property contains a "corner store" building, which originally housed a grocery store on the ground floor and apartments on the upper floor. More recently, the ground floor was occupied by the Islamic Center of Cape Girardeau. The upper floor continued to be used as apartments. In 2020, the building was damaged by arson. The Islamic Center moved to a new location, and the property was sold to Majeed Investment Group, LLC. Mr. Majeed continued by stating that he would like to r.enovate the building and use the ground floor for a business office and the upper floor for apartments. He noted that a second, one-story building is located at the rear of the property, which he would also like to use for apartments. The property must be rezoned in order to allow the apartments again. Mr. Nick Martin asked for more information regarding the proposed apartments in the one- story building. He also asked if adequate parking would be available. Mr. Majeed stated that the one-story building would contain two apartment units. Mr. Shrimplin explained that the NC district allows residential uses above the first floor or behind nonresidential uses. As part of the plan review process for permits, City staff will determine the minimum number of parking spaces required by the Development Code and verify that the minimum number has been provided. Chairman Blank opened the public hearing. Mr. Andrew Ostrowski, 1421 Whitener Street, stated that he would like more information on the proposed business office. Mr. Majeed City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 14, 2024 Page 2 of 4 explained that Majeed Investment Group, LLC, a residential rental business, would occupy the ground floor. Seeing no other appearances to speak, Chairman Blank closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. A motion was made by Mr. Bertrand and seconded by Mr. Nick Martin to recommend approval of the rezoning request. The motion passed with a roll call vote of 8 in favor, O in opposition, and O abstaining (Aye: Bertrand, Blank, Greaser, Jones, C. Martin, N. Martin, McCauley-Perdue, Whittington). 2. A public hearing was held on the request of Jansco Outdoor Advertising, on behalf of Midamerica Hotels Corporation, for a special use permit for the purposes of constructing, maintaining, and operating two billboards at 2567 and 2649 Veterans Memorial Drive, located in the C-2, Highway Commercial District. Mr. Greaser recused himself from the discussion and vote due to a business conflict of interest. Mr. David Jansen, Jansco Outdoor Advertising, and Ms. Melanie Cantrell, Midamerica Hotels Corporation, presented the request. Mr. Jansen stated that the request is to replace an existing billboard with two monopole billboards spaced 1,450 feet apart, with each billboard being two feet away from the Interstate 55 right-of-way line. Mr. Shrimplin explained that the Development Code requires billboards to be set back at least 30 feet from any right-of-way line. Initially,· staff did not support an exception to allow the billboards to encroach on the 30-foot setback. This was partly due to an existing 20-foot utility easement located adjacent to the Interstate 55 right-of-way line. However, upon further discussion with Mr. Jansen, staff agreed to support an exception to allow partial encroachments on the setback. The exception is detailed in the recommended conditions of approval in the staff report. Ms. Cantrell explained that close proximity to the right-of-way is important because it provides maximum visibility and imposes minimum constraints on the development of the remaining portions of theproperty. Mr. Shrimplin stated that staff could not agree to any further encroachment on the 30-foot setback because vertical clearance for excavation and utility equipment must be maintained. Mr. Jones asked why the setback was set at 30 feet. Mr. Shrimplin replied that the staff involved in writing the billboard regulations no longer work for the City, so the reason for the 30-foot distance is unknown. Chairman Blank stated that the Missouri Department of Transportation (MoDOT) apparently had no concerns with the proposed locations of the billboards because it issued permits for them. Chairman Blank opened the public hearing. Seeing no appearances to speak, he closed the public hearing. Mr. Bertrand asked if the City Council could grant the special use permit with modifications to the staff-recommended conditions. Mr. Shrimplin stated that the Council has the authority to add, remove, and/or modify conditions of approval in granting a special use permit. Doing so would not require the applicant to file a new special use permit application. Mr. Jones stated that he felt the partial encroachments on the setback agreed to by the staff were a good compromise. A staff report was submitted to the Commission, which recommended approval of the special use permit request, subject to the following conditions: 1. The special use authorized by this permit shall comply with all applicable laws and regulations except as provided for herein. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 14, 2024 Page 3 of 4 2. Major modifications to said special use (including, but not limited to, the site plan) shall require the approval of the City Council. 3. This permit shall automatically expire 12 months from the date of issuance if the building permit for said special use has not been issued. 4. This permit is not transferable without the approval of the City Council. 5. An exception from Section 25-109(4) of the City Code is hereby granted as a part of this permit. No portion of the northernmost billboard shall be located within 10 feet of the Interstate 55 right-of-way. No portion of the southernmost billboard shall be located within 20 feet of the Interstate 55 right-of-way. 6. An exception from Section 25~109(8) of the City Code is hereby granted as a part of this permit. Each billboard sign face shall not exceed 16 feet in height or 50 feet in length. Each billboard shall be limited to a sign face area of 800 square feet per sign face and 1,600 square feet total. 7. An exception from Section 25-109(9) of the City Code is hereby granted as a part of this permit. The overall height of each billboard shall not exceed 44 feet. A motion was made by Mr. Bertrand and seconded by Mr. Whittington to recommend approval of the special use permit request, subject to the conditions in the staff report. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining (Aye: Bertrand, Blank, Jones, C. Martin, N. Martin, McCauley-Perdue, Whittington; Abstain: Greaser). SUBDIVISION PLATS 3. The record plat of The Meadows of Whispering Oaks -Fourth was reviewed by the Commission. Mr. Chris Bowen, Bowen Engineering & Surveying, presented the plat. He explained that the plat combines two lots into a single lot at 130 Frogs Leap. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Greaser and seconded by Ms. McCauley-Perdue to recommend approval of the record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Jones, C. Martin, N. Martin, McCauley-Perdue, Whittington). 4. The record plat of Rhodes Town Plaza Subdivision was reviewed by the Commission. Mr. Scott Rhodes, Heritage C-Store Investments, LLC, presented the plat. He explained that the plat reconfigures two lots to create two new lots. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Whittington and seconded by Mr. Greaser to recommend approval of the record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Blank, Greaser, Jones, C. Martin, N. Martin, McCauley-Perdue, Whittington). OTHER ITEMS AND COMMUNICATION Commission Communication City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 14, 2024 Page 4 of 4 Chairman Blank thanked Mr. Greaser for his two years of service as Chairman ·of the Commission. Staff Communication Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on January 22, 2024: • 3101 County Road 620 Zoning Upon Annexation - 2 nd & 3 rd Readings • Dodd Subdiv ision Record Plat - 2 nd & 3rd Readings • EOC 2 nd Subdivision Record Plat - 2 nd & 3 rd Readings • Lone Star Industries, Inc. Land Subdivision Record Plat -pt Reading • Riverview Gardens No. 3 Record Plat - 1 st Reading The City Council approved the following on February 5, 2024: • Lone Star Industries , Inc. Land Subdivision Record Plat - 2 nd & 3 rd Readings • Riverview Gardens No. 3 Record Plat - 2 nd & 3rd Readings • 1507 Independence Street Rezoning - 1 st Reading • Juenger Subdivision Record Plat - 1 st Reading Mr. Shrimplin noted that the TTF7 Committee will convene in April or May. Past TTF Committees have been comprised of four Planning & Zoning Commission members and two to four citizens appointed by the Mayor. The Planning & Zoning Commission usually makes its own appointments. Chairman Blank asked the other Commission members to let him know if they are interested in serving on the Committee so that he may pass their names on to Mayor Kinder. Adjournment There being no further business , the Commission voted unanimously to adjourn the meeting at 7:35 p.m. upon a motion made by Mr. Bertrand and seconded by Chairman Blank. a:~s;:;~ Chris Martin, Secretary