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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 10-10-2024CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES October 10, 2024 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Trae Bertrand, Kevin Greaser, Robbie Guard, Derek Jackson, Gerry Jones, Chris Martin, Nick Martin Commission Members Absent: Scott Blank Staff Present: Carol Peters, Ryan Shrimplin Call to Order In the absence of Chairman Blank, Vice Chairman Nick Martin called the meeting to order at 5:30 p.m. Approval of Minutes The minutes of the September 11, 2024 meeting were unanimously approved upon a motion made by Mr. Bertrand and seconded by Mr. Chris Martin. Appearances by Commission Applicants Mr. Brock Freeman, 918 College Street, Ward 2, introduced himself to the Commission. He expressed an interest in serving on the Planning & Zoning Commission and shared his background with the Commission. Water System Presentation Mr. Shrimplin presented information regarding the water system ballot measure for the November 5, 2024 election. He reviewed a handout containing the ballot language, a summary of the improvements that would be made should the ballot measure be approved, and a Frequently Asked Questions section. He explained that the ballot measure proposes to increase the water rates and fees in order to provide funds for replacing critical infrastructure at the water treatment plant and for replacing aging water mains. For approximately 89% of all water customers, the increase would be in the range of $8.19 to $13.89 per month. Currently, the City does not qualify for grants to assist with the costs because its Affordability Index is too low (less than 1.0%). REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Derek and Karla Cornelius for a special use permit for the purposes of constructing, maintaining, and operating a V-shaped LED billboard at 3849 Business Park Place, zoned M-1 (Light Manufacturing/Industrial District). Mr. Kevin O'Shea, legal counsel for the applicants, presented the request. He explained that a special use permit for the billboard was previously issued but it expired because the owners did not obtain a building permit within the 12-month time frame due to a vendor issue. The billboard meets all of the applicable code requirements and will be located in the northwest corner of the property, near Interstate 55. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2024 Page 2 of 5 Vice Chairman Nick Martin opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the special use per~it request, subject to the following conditions: 1. The special use authorized by this permit shall comply with all applicable laws and regulations. 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 twelve (12) months from the date of issuance if the building permit for said special use has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 4. This permit is not transferable without the approval of the City Council. A motion was made by Mr. Jackson and seconded by Mr. Greaser to recommend approval of the special use permit request, subject to conditions listed in the staff report. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Greaser, Guard, Jackson, Jones, C. Martin, N. Martin). SUBDIVISION PLATS 2. The record plat of Athena Properties Subdivision was reviewed by the Commission. Mr. Joseph Uzoaru, representing Athena Property Group LLC, the property owner, presented the plat. He explained that the plat combines two lots at 1416 North Spanish Street in order to construct a new single-family home. 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. Jackson and seconded by Mr. Guard to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Greaser, Guard, Jackson, Jones, C. Martin, N. Martin). 3. The record plat of Lutheran Home Southwest Subdivision was reviewed by the Commission. Ms. Rachael Elliott, representing Koehler Engineering & Land Surveying, presented the plat. She explained that the plat combines four lots at 414, 420, and 424 South Silver Springs Road in order to expand the Lutheran Home campus. 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 staff's comments being successfully addressed. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Greaser, Guard, Jackson, Jones, C. Martin, N. Martin). 4. The record plat of Weston Subdivision was reviewed by the Commission. Mr. Ryan Brase, representing Bowen Engineering & Surveying, presented the plat. He explained that the plat combines two lots at 1217 and 1225 William Street in order to place an accessory structure on the same lot as the principal structure. 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. Guard and seconded by Mr. Jackson to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2024 Page 3 of 5 passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Greaser, Guard, Jackson, Jones, C. Martin, N. Martin). 5. The record plat of Kneezle Shed Subdivision was reviewed by the Commission. Mr. Kyle Kneezle and Ms. Lana Kneezle, the property owners, presented the plat. They explained that they purchased the vacant parcel adjacent to their home in order to place an accessory structure on it. The plat combines the two parcels so the accessory structure will be on the same iotas the principal structure. 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. Chris Martin to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Greaser, Guard, Jackson, Jones, C. Martin, N. Martin). OTHER ITEMS AND COMMUNICATION 6. Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications Mr. Shrimplin presented a proposed amendment to Section 30-116, Height and Area Exceptions and Modifications, of the Zoning Code (Chapter 30 of the City's Code of Ordinances). He stated that, currently, accessory structures greater than 150 square feet in area must follow the setback requirements of the zoning district in which they are located. The amendment adds a provision that allows accessory structures within the rear yard setback, up to ten feet from the rear lot line, as long as they meet all other setback requirements. The amendment also includes a large number of minor changes for purposes of clarity and consistency. Mr. Greaser asked if the amendment is being proposed in response to a specific situation. Mr. Shrimplin explained that, over the years, several variances have been requested by homeowners who wanted to place an accessory structure in the rear yard but could not do so due to the setback requirement (typically 25 feet). He noted that many lots in the city are small, and some of them barely have room for a principal structure due to the setbacks. The amendment would primarily benefit small residential properties that otherwise would not have space available for an accessory structure. Mr. Nick Martin asked how the amendment would affect subdivision coveRaRts and other private restrictions. Mr. Shrimplin explained that the City cannot enforce private restrictions. If an accessory structure permitted by the City violates private restrictions, then it is up to the affected parties to enforce such restrictions. A motion was made by Mr. Greaser and seconded by Mr. Chris Martin to recommend approval of the amendment as submitted. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Greaser, Guard, Jackson, Jones, C. Martin, N. Martin). Commission Appointment Recommendation Due to Ms. McCauley-Perdue's resignation shortly before the last meeting, staff had provided the Commission with the City Advisory Board and Commission applications on file for those interested in serving on the Planning and Zoning Commission. The Commission reviewed the applications. A motion was made by Mr. Bertrand and seconded by Mr. Jones to recommend that the City Council appoint Ms. Emily McElreath to the Commission. The motion passed unanimously. Mr. Guard and Mr. Bertrand thanked Mr. Freeman for attendin_g the meeting and encouraged him to continue serving the community. Commission Communication None of the Commission members had any communication items. Staff Communication Mr. Shrimplin gave the following updates: City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2024 Page4 of 5 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on October 7, 2024: • 560 Silverado Trail Annexation, Zoning & Ward Boundary Extension - 1 st Reading • 716 & 718 Broadway Special Use Permit-1 st Reading • Cape West Crossing East -Third Subdivision Record Plat -1st Reading Other Business Mr. Joseph Uzoaru addressed the Commission regarding the special use permit request for 716 and 718 Broadway that was recommended for approval by the Commission at the last meeting. He stated that he was not made aware of the request until after the City Council approved the first reading of the ordinance granting the permit on October 7. He asked why he did not receive a letter giving notice of the Commission's public hearing. He stated that his company owns two properties along the alley where the restaurant drive-through is proposed. He expressed concerns about the impact of granting the special use permit. He noted that the City will not consider vacating a street or alley until a petition signed by all of the owners of property abutting the street or alley to be vacated is submitted. In his opinion, allowing an' alley to be used for a drive-through serving a business has the same effect as vacating the alley, but without the consent of all of the abutting property owners. The fact that he did not receive a letter because his properties are near, but not adjacent to, the subject property seemed like a flaw in the notification system. His tenants use the alley for access to their parking spaces. The drive-through traffic would hinder that access. Mr. Bertrand stated that the Commission did consider the impact of the drive-through in the alley, but no one spoke in opposition at the public hearing. Staff had informed the Commission that the owner of the adjacent properties at 706, 710, and 714 Broadway was made aware of the special use permit request well ahead of the public hearing, and he did not oppose the request, verbally or in writing. Mr. Shrimplin stated that the only notification required by the Zoning Code is the written notice published in the newspaper at least 15 days prior to the City Council's public hearing. The Zoning Code allows for additional forms df notification, but the only required notice is the newspaper ad. As a courtesy, staff posts a sign on the subject property with information about the Commission's public hearing (which is updated for the Courricil's public hearing if the Commission recommends approval). The sign is posted one week prior to the Commission's hearing. Staff also mails a letter giving notice of the Commission's public hearing to the owners of property abutting or directly across a street or alley from the subject property. These practices have been incorporated into the Commission's Rules of Procedure. Mr. Bertrand acknoWJedged Mr. Uzoaru's concerns but stated that he did not feel the notification process needed to change. Mr. Chris Martin stated that he felt the current steps taken by the staff to notify the public were adequate. The Commission members encouraged Mr. Uzoaru to speak with the Mayor and/or other City Council members prior to the second and third readings of the ordinance on October 21. Adjournment City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2024 Page 5 of 5 There being no further business, the Commission voted unanimously to adjourn the meeting at 6: 15 p.m. upon a motion made by Mr. Guard and seconded by Mr. Jackson. Respectfully submitted, Chris Martin , Secretary