HomeMy WebLinkAboutPlanning and Zoning commission minutes 01-11-2023CITY of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
PLANNING & ZONING COMMISSION
MEETING MINUTES
January 11, 2023
City Hall — Council Chambers
44 North Lorimier Street
Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Chris Martin, Nick
Martin, Sommer McCauley -Perdue, Sid Whittington, Deborah Young
Commission Members Absent: Melissa Stickel
Staff Present: Lisa Mills, Carol Peters, Trevor Pulley, Ryan Shrimplin
Call to Order
Chairman Greaser called the meeting to order at 7:00 p.m.
Approval of Minutes
The minutes of the December 14, 2022 meeting were unanimously approved upon a motion
made by Mr. Whittington and seconded by Ms. Young.
Mr. Shrimplin introduced Lisa Mills, Finance Director, and Trevor Pulley, Assistant City
Manager/Community Development Director, both recently appointed to their positions.
FY 2023-2028 Capital Improvement Program
Mr. Shrimplin explained that under Missouri law, when a planning commission adopts a
comprehensive plan, the commission's approval is required for any new or modified public
street, facility, or utility. In order to comply with the law, the City staff annually presents the
Capital Improvement Program (CIP) to the Commission for approval prior to adoption by the
City Council.
Ms. Mills gave a presentation on the FY 2023-2028 Capital Improvement Program. Mr. Nick
Martin asked what types of projects are listed as community development projects. Ms. Mills
replied that most of the community development projects are related to transportation
improvements. Mr. Shrimplin stated that a majority of the funding for transportation
improvements comes from the Transportation Trust Fund (TTF).
A motion was made by Mr. Blank and seconded by Mr. Jackson to approve the FY 2023-2028
Capital Improvement Program. The motion passed unanimously.
REZONINGS. SPECIAL USE PERMITS, AND EXCEPTIONS
A public hearing was held on the proposed zoning of property located at 3101 County Road
620 as R-4 (Medium Density Multifamily Residential District) upon annexation. Chris
Koehler, Koehler Engineering and Land Surveying, explained that his client, BK
Investments, LLC, recently purchased the property, which is outside of the city limits. Mr.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 2 of 6
Koehler and one of the BK Investments partners, Bleau Deckerd, met with City staff to
discuss a proposal to develop the property for multifamily dwellings. Based on the proposed
development and the surrounding zoning districts and land uses, staff recommended that
the property be zoned R-4 upon annexation. BK Investments then executed and submitted
an annexation petition and an annexation agreement to the City.
Mr. Nick Martin asked how far away the entrance would be from Misty Hollow Lane and how
that many units could fit on the lot. Mr. Koehler replied that the proposed development will
have 32-40 units and consist mostly of triplexes with stone and/or brick exteriors. The
buildings will be arranged along a T-shaped street connecting to County Road 620. The
entrance will be at least 150 feet away from the Misty Hollow Lane intersection.
Mr. Nick Martin then asked at what point the City looks at developments such as this to
determine what traffic improvements are needed, such as road widening, traffic signals, etc.
Mr. Shrimplin explained that developments located along an existing road or street are
typically not required to provide traffic improvements. The authority having jurisdiction over
the road or street may conduct traffic counts and other studies to evaluate the need for
improvements. County Road 620 is maintained by Cape Special Road District. South of
Boutin Drive, the road becomes State Highway W, which is maintained by MoDOT. Mr.
Koehler stated that this type of development typically does not create large traffic concerns.
Mr. Chris Martin asked why staff is recommending the R-4 zoning district when the
comprehensive plan's future land use map recommends low density residential uses for the
property. Mr. Shrimplin explained that at the time the map was prepared, there were no
known plans for selling or developing the property. It was presumed that the property would
be developed for single-family homes. However, there are several multifamily developments
located along this road, so there is a basis for recommending a multifamily residential
district. He noted that the comprehensive plan is a guide rather than a set of requirements.
Chairman Greaser opened the public hearing.
Paul Behrens, 325 Deer Creek Road, stated that he has lived on Deer Creek Road for over
thirty (30) years. He expressed his concerns about reduced property values, security
issues, and increased traffic from the proposed development. He stated that a nice single-
family home could be built on the property rather than polluting the neighborhood with
multifamily buildings.
Zack Hudson, Misty Hollow Lane, stated that he owns a seven (7) acre tract north of an
adjacent to the subject property. He requested that the property not be zoned R-4 because
it would create safety and traffic issues. He asked the Commission to consider tabling this
item to allow time for the neighbors and the developer to discuss his plans. He stated that if
the item is not tabled, then the Commission should recommend R-3 (High Density Single -
Family Residential District).
Jennifer Gast, 265 Misty Hollow Lane, stated that she and her husband own the property
west of and adjacent to the subject property. She presented a photo of their property. She
stated that Misty Hollow Lane is a very narrow road and she does not want to see any
additional traffic. She requested that the Commission recommend R-1 (Single -Family
Suburban Residential District) or table this item. She stated that her main concern is safety
but also decreased property values.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 3 of 6
David Limbaugh, 490 Deer Creek Road, asked for clarification on the number of proposed
buildings. Mr. Koehler stated there will be 10-12 buildings for a total of 32-40 units. Mr.
Limbaugh asked if the R-3 zoning district would allow this many units. Mr. Shrimplin replied
that R-3 would allow the same number of units, but only in the form of single-family
detached homes, duplexes, and/or townhouses.
Mark Meadors, 370 Deer Creek Road, stated that he always knew the property would be
developed and he doesn't want to shut down the project, but there is a spirit of comradery
among the Deer Creek residents. He stated that he would like the opportunity to discuss the
project in more detail with the developer.
Josh Gast, 265 Misty Hollow Lane, stated that Misty Hollow Lane is a private road and the
property owners along the road share in the cost of its maintenance. He asked how access
to the development would affect the road. Mr. Koehler explained that a portion of Misty
Hollow Lane is on his client's property, but there are no plans to connect the development to
it except for a potential emergency access point. Only one (1) regular access point is
proposed, which is allowed under the City's fire code because all of the units will be
equipped with an automatic fire sprinkler system. The regular access point is located on
County Road 620. Mr. Shrimplin stated that if an emergency access point is required, it can
be gated and the access code provided to the Fire Department.
Mr. Shrimplin reminded the Commission that, in considering a rezoning request, the
Planning and Zoning Commission and the City Council must determine if the proposed
zoning district is reasonable and in reasonable conformity with the existing uses and value
of the immediately surrounding properties. While information about the proposed
development may be useful in evaluating the proposed zoning district, the City cannot
require the developer to follow a specific development plan as part of a zoning action unless
it is a planned development or a special use permit.
Mr. Berens stated that the property owners along Deer Creek Road prevented the memory
care facility from establishing access on the private road.
Mr. Chris Martin asked if the development will have any common ground. Mr. Koehler
replied that there will be designated green space and a stormwater detention basin, which
will be maintained by a housing association.
Andrew Walker, 3657 County Road 620, stated that the City Council recently approved
rezoning a property southeast of this property to R-4. He questioned the need for more
multifamily housing and expressed concerns about increased traffic.
Joe Stahly, 286 Misty Hollow Lane, stated that he helped pay for the private road years ago
and asked at what point the developer planned to tell the property owners on Misty Hollow
Lane about his development. Mr. Koehler reiterated that a portion of Misty Hollow Lane is
on his client's property but there are no plans to connect the development to it unless the
City requires an emergency access point.
Bethany Meadors, 370 Deer Creek Road, asked for confirmation that if all of the units are
equipped with an automatic fire sprinkler system, then a second access point is not
required. Mr. Shrimplin stated that is his understanding, based on the language in the fire
code.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 4 of 6
Dr. Kenneth Kelly introduced himself as a partner of BK Investments, LLC. He stated that
he understands the neighbors' apprehension because he has been in similar situations
before. He stated that the development is intended for young professionals or people
nearing retirement — a place where he himself would feel comfortable living.
Mr. Koehler explained that currently, the property is not zoned because Cape Girardeau
County has no zoning or building regulations. Mr. Deckerd and Dr. Kelly could opt to not
move forward with the annexation, in which case they would be able to develop and use the
property any way they want. They purchased the property with the expectation that they
would be able to develop it for triplexes.
Seeing no other appearances to speak, Chairman Greaser closed the public hearing. He
thanked those who spoke during the hearing and expressed their concerns. He stated that
the City does not intend to harm any property owners. He noted that the City has a
legitimate interest in expanding its corporate boundary because it allows the community to
grow. Mr. Nick Martin stated that he would like to allow time for the residents and the
developer to discuss the development and the zoning. He made a motion to table the
zoning recommendation, which was seconded by Ms. Young. The motion passed with a roll
call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C.
Martin, N. Martin, McCauley -Perdue, Whittington, Young).
SUBDIVISION PLATS
2. The record plat of The Meadows of Whispering Oaks — Third was reviewed by the
Commission. James Randol, Bowen Engineering & Surveying, presented the plat. He
stated that the plat subdivides a lot to create two (2) new lots. A motion was made by Mr.
Whittington and seconded by Ms. Young 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:
Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley -Perdue, Whittington, Young).
3. The record plat of Stevenson Subdivision was reviewed by the Commission. Chris Koehler,
Koehler Engineering and Land Surveying, presented the plat. He stated the plat
resubdivides two (2) lots and part of a third lot to create one (1) new lot. A motion was
made by Mr. Jackson and seconded by Mr. Blank 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:
Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley -Perdue, Whittington, Young).
OTHER ITEMS AND COMMUNICATION
4. Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and
Personal Cultivation of Mariivana
Mr. Shrimplin presented an amendment to the Zoning Code (Chapter 30 of the City's Code
of Ordinances) regarding marijuana facilities, medical marijuana facilities, and the personal
cultivation of marijuana. He explained that on November 8, 2022, Missouri voters approved
a constitutional amendment legalizing adult use of marijuana for recreational purposes and
establishing requirements for marijuana facilities. Pursuant to the constitutional
amendment, the City must amend its zoning regulations to incorporate marijuana facilities.
The proposed Zoning Code amendment expands the regulations for medical marijuana
facilities to also include marijuana facilities (i.e., facilities licensed or certified for both
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 5 of 6
medical and non-medical marijuana). The amendment also provides for personal cultivation
of marijuana as authorized by the state laws and regulations.
Megan Andrews, attorney for Layton and Southard, stated that she represents several
medical marijuana dispensaries in Missouri. She explained that the constitutional
amendment initially allows only existing medical marijuana dispensaries to apply for a
comprehensive marijuana dispensary license.
Mr. Blank asked if the City Council and/or staff had any discussions about setting a different
minimum distance requirement for comprehensive marijuana dispensaries. Mr. Shrimplin
replied that staff discussed whether or not to propose a different requirement. Ultimately,
the decision was made to keep the same requirement of five hundred (500) feet to ensure
that all of the existing medical marijuana dispensaries are eligible for a comprehensive
marijuana dispensary license. Mr. Pulley added that the City Council originally set the
minimum distance at five hundred (500) feet in order to allow dispensaries in the Central
Business District.
A motion was made by Mr. Jackson and
approval of the amendment as submitted.
favor, 0 in opposition, and 0 abstaining (Aye
McCauley -Perdue, Whittington, Young).
Election of Officers
seconded by Mr. Nick Martin to recommend
The motion passed with a roll call vote of 8 in
: Blank, Greaser, Jackson, C. Martin, N. Martin,
The Commission held its annual election of officers. A motion was made by Mr. Nick Martin and
seconded by Mr. Blank to elect Mr. Greaser as Chairman, Mr. Blank as Vice Chairman, and Mr.
Chris Martin as Secretary. The motion failed with a vote of 4 in favor and 4 in opposition. A
motion was made by Mr. Blank and seconded by Mr. Jackson to elect Mr. Greaser as
Chairman. The motion passed by a unanimous vote. A motion was made by Mr. Nick Martin
and seconded by Ms. McCauley -Perdue to elect Mr. Blank as Vice Chairman. The motion
passed by a unanimous vote. A motion was made by Mr. Whittington and seconded by Mr.
Jackson to elect Ms. Young as Secretary. The motion passed by a unanimous vote.
Commission Communication
Mr. Chris Martin stated that while he appreciates the nomination for the office of Secretary, he is
glad Ms. Young was elected. He also thanked the engineering firms for addressing all of the
staff review comments on the subdivision plats.
Mr. Whittington stated that a recent news article indicated that the Planning and Zoning
Commission members did not explain why they voted against the 2530 Marsha Kay Drive
rezoning request. He took exception to the article because he had stated during the meeting
that he was voting against the request due to the large number of people who spoke in
opposition to it.
Chairman Greaser stated that staff recommended the R-4 zoning district for 3101 County Road
620 because it is reasonable and in reasonable conformity with the existing uses and value of
the immediately surrounding properties. He encouraged Mr. Deckerd and Dr. Kelly to have
conversations with the residents to help them better understand the development and make
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 6 of 6
them feel more at ease. Dr. Kelly stated that he appreciates the Chairman's candor. He stated
that he understands how the residents feel. They don't want their world to change.
Mr. Shrimplin stated that the Zoning Code only requires the City Council's public hearing on a
zoning action to be advertised in the newspaper at least fifteen (15) days in advance of the
hearing. No other public notice is required. However, in order to provide a more thorough
means of notifying the public, staff mails notices to the adjacent property owners and posts a
sign on the property one (1) week in advance of the Planning and Zoning Commission's public
hearing.
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 December 19, 2022:
Southwest Corner of Lexington Avenue and Big Bend Road Rezoning — 2nd &
3rd Readings
Chapter 30 Amendment Regarding CBD, Central Business District — 2nd & 3rd
Readings
Cape West Crossing East — Second Subdivision Record Plat — 1 st Reading
The City Council approved the following on January 9, 2023:
Cape West Crossing East — Second Subdivision Record Plat — 2nd & 3rd
Readings
2530 Marsha Kay Drive Rezoning — Public hearing set for January 23, 2023
2854 Cape LaCroix Road Rezoning — 1 St Reading
Adiournment
There being no further business, the Commission voted unanimously to adjourn the meeting at
8:50 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Nick Martin.
Respectfully submitted,
e o a"un cr ary