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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 07-10-2024CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES July 10, 2024 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Gerry Jones, Chris Martin, Nick Martin, Sommer McCauley-Perdue Commission Members Absent: Trae Bertrand, Robbie Guard Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Blank called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the June 12, 2024 meeting were unanimously approved upon a motion made by Mr. Jackson and seconded by Mr. Nick Martin. REZONINGS. SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Coast to Coast Signs LLC for an exception from Development Code Section 25-137(b), freestanding signs, for property located at 601 North Kingshighway. Mr. Marty Platz, Coast to Coast Signs LLC, presented the request. Chairman Blank asked how big the signs would be. Mr. Platz responded by stating that each sign face would be 72 inches high by 59 inches wide (29.5 square feet). In response to questions from Mr. Shrimplin and Mr. Greaser, Mr. Platz explained that the north sign would be mounted on an existing pole containing an existing sign face (which would be removed) and the south sign would be mounted on a new pole attached to an existing concrete base. The north sign would be underneath the existing billboard. Chairman Blank opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: Based on the applicable Code requirements, the subject property is allowed two freestanding signs: one along North Kingshighway and one along North Broadview Street. The North Kingshighway sign is subject to a maximum area of 150 square feet and a maximum height of 40 feet. The North Broadview Street sign is subject to a maximum area of 150 square feet and a maximum height of 35 feet. The applicant is proposing two freestanding signs along North Kingshighway. One of the signs is 29.5 square feet in area and 21 feet in height. The other sign is 29.5 square feet in area and 14 feet in height. The City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 10, 2024 Page 2 of 5 applicant is proposing to forego a freestanding sign along North Broadview Street in order to have a second freestanding sign along North Kingshighway. This constitutes a substantial equivalent because the number of freestanding signs allowed for the property would not change, and neither sign would exceed the maximum area or height. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following condition: 1. No freestanding sign shall be allowed along the North Broadview Street frontage. A motion was made by Mr. Greaser and seconded by Ms. McCauley-Perdue to approve the exception request, subject to the condition in the staff report. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McCauley-Perdue). 2. A public hearing was held on the request of RAD Properties, LLC for an exception from Development Code Section 25-137(b), freestanding signs, for property located at 3320, 3324, 3328, and 3332 Campster Drive. Mr. Ryan Shasserre, representing RAD Properties, LLC, presented the request. He explained that the requested exception would transfer unused square footage and height from a sign along Campster Drive to a sign along Interstate 55. Mr. Chris Martin, noting that four addresses were shown on the application, asked if the sign along Interstate 55 would advertise all four tenants. Mr. Shasserre confirmed that the sign would advertise all four tenants. Chairman Blank opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: Based on the applicable Code requirements, the subject property is allowed three freestanding signs: one along Interstate 55, one along William Street, and one along Campster Drive. The William Street and Campster Drive signs are each subject to a maximum area of 150 square feet and a maximum height of 35 feet. The sign proposed along William Street is at the maximum area and height. The sign proposed along Campster Drive is 20 square feet in area (130 square feet below the maximum) and eight feet in height (27 feet below the maximum). The Interstate 55 sign is subject to a maximum area of 150 square feet and maximum height of 60 feet. The sign proposed along Interstate 55 is 280 square feet in area (130 square feet over the maximum) and 87 feet in height (27 feet over the maximum). The applicant is proposing to transfer the unused portions of the maximum area and height from the Campster Drive sign to the Interstate 55 sign. In other words, the applicant is agreeing to lower the maximum area and height of the Campster Drive sign by the amounts needed for the Interstate 55 sign. This constitutes a substantial equivalent City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 10, 2024 Page 3 of 5 because the proposed aggregate sign area and height for all of the signs do not exceed the aggregate sign area and height allowed under the Code. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following condition: 1. The maximum area and height for the Campster Drive freestanding sign shall be adjusted as follows: the maximum area shall be 20 square feet and the maximum height shall be eight feet. A motion was made by Mr. Greaser and seconded by Mr. Jackson to approve the exception request, subject to the condition in the staff report. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McCau/ey- Perdue). 3. A public hearing was held on the request of Rick Draughon for an exception from Development Code Section 25-161, fence height and surface requirements, for property located at 1820 Oak Hills Drive. Mr. Rick Draughon presented the request. He stated that he would like to install a seven- foot high decorative fence on the north side of his property to prevent deer from entering his back yard. Mr. Jones asked how the deer would be prevented from entering the back yard from the other sides. Mr. Draughon stated that there is an existing eight-foot high fence along the other portions, which has been there since the 1960s. Chairman Blank opened the public hearing. Mr. Basil Harrison, 1530 Oak Lei Drive, stated that his property borders Mr. Draughon's property on the east side. He explained that Mr. Draughon's existing fence encroaches on his property. While he has no objection to the exception request, he does want the existing fence moved off of his property. Mr. Jones stated that the Commission is only dealing with the new fence, and it does not have the authority to make the applicant move the existing fence. Chairman Blank noted that the location of the existing fence is a private matter between the two property owners. Seeing no other appearances to speak, Chairman Blank closed the public hearing. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The Development Code limits fence height in the rear and side yards to six feet for two reasons. First, there is no minimum open surface requirement for fences in the rear and side yards, meaning a fence can be fully opaque (i.e. a privacy fence). An opaque fence creates a "wall effect" if its height exceeds the normal line of sight, and this effect intensifies as the height increases. Second, although privacy fences are available in various heights, City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 10, 2024 Page 4 of 5 six feet is considered the standard for residential use. The proposed fence has a mostly open surface and a decorative design, thus it does not create a "wall effect". This constitutes a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request. A motion was made by Mr. Nick Martin and seconded by Mr. Chris Martin to approve the exception request. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McCauley-Perdue). SUBDIVISION PLATS 4. The record plat of Park West Hospitality Center No. 3 Subdivision was reviewed by the Commission. Ms. Susan Dodds, Koehler Engineering & Land Surveying, Inc., presented the plat. She explained that the plat creates a single lot at 205 South Mount Auburn Road. She noted that a record plat for the rest of the parcel will be submitted later this year. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being · successfully addressed. A motion was made by Mr. Greaser and seconded by Mr. Jackson to recommend approval of the record plat, subject to staffs comments being successfully addressed. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McCauley-Perdue). OTHER ITEMS AND COMMUNICATION Commission Communication None of the Commission members had any communication items. 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 June 17, 2024: • Zoning of Property at 212 Misty Hollow Lane Upon Annexation - 1 st Reading The City Council approved the following on July 1, 2024: • Zoning of Property at 212 Misty Hollow Lane Upon Annexation - 2 nd & 3rd Readings • 2530 Marsha Kay Drive Rezoning to R-4 - 1 st Reading Mr. Shrimplin reported that the first TTF-7 Committee meeting is scheduled for July 24, 2024. Adjournment City of Cape Girardeau Planning & Zoning Commission Meeting Minutes Ju ly 10, 2024 Page 5 of 5 There being no further business, the Commission voted unanimously to adjourn the meeting at 7:25 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Nick Martin . Respectfully submitted , Cd r/ Chris Martin , Secretary