HomeMy WebLinkAboutPlanning and Zoning commission minutes 02-08-2023CITY Of CAPE GIRARDEAU
PLANNING & ZONING; COMMISSION
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February 8, 2023
City Hall — Council Chambers
44 North Lorimier Street
Commission Members Present: Scott Blank, Kevin Greaser, Chris Martin, Nick Martin, Sommer
McCauley -Perdue, Melissa Stickel, Sid Whittington, Deborah Young
Commission Members Absent: Derek Jackson
Staff Present: Carol Peters, Ryan Shrimplin
Call to Order
Chairman Greaser called the meeting to order at 7:00 p.m.
Approval of Minutes
The minutes of the January 11, 2023 meeting were unanimously approved upon a motion made
by Mr. Chris Martin and seconded by Mr. Nick Martin.
REZONINGS SPECIAL USE PERMITS AND EXCEPTIONS
A public hearing was held on the request of Robert Landgraf, on behalf of the Charles
Hunze Trust, to rezone property located at 2403 South Sprigg Street from M-2 (Heavy
Manufacturing/Industrial District) to AG (Agricultural District). Mr. Robert Landgraf
presented the request. He explained that a dairy farm has operated on the property since
the mid 1800s. Due to recent changes in the trucking industry and staffing issues related to
milk shipments, the dairy needs to replace one of its milk tanks with a larger one. The new
tank will not fit inside the existing building, so a new, larger building is proposed. Because a
dairy is not a permitted use in the M-2 district, it is considered a nonconforming use, which
cannot be expanded under the City's zoning regulations. Rezoning the property to AG will
allow the project to move forward.
Chairman Greaser 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 rezoning request. A motion was made by Ms. Stickel and seconded by Mr.
Blank to recommend approval of the rezoning request. The motion passed with a roll call
vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, C. Martin, N.
Martin, McCauley -Perdue, Stickel, Whittington, Young).
2. A public hearing was held on the request of Crystal Walker, on behalf of Walmart Real
Estate Business Trust, for a special use permit for long-term use of a shipping container on
property located at 3439 William Street in the C-2, Highway Commercial District. Ms. Casey
Clippinger, Benchmark Group, presented the request. She stated that the request is to
place a shipping container behind the Walmart Supercenter to be used for storage of
equipment and maintenance supplies.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
February 8, 2023
Page 2 of 4
Chairman Greaser 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 permit 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.
5. The exterior of the shipping container shall be maintained to prevent peeling paint or
other significant wear or damage to the finish.
A motion was made by Mr. Nick Martin and seconded by Ms. McCauley -Perdue to
recommend approval of the special use permit request, subject to the conditions listed in the
staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0
abstaining (Aye: Blank, Greaser, C. Martin, N. Martin, McCauley -Perdue, Stickel,
Whittington, Young).
OTHER ITEMS AND COMMUNICATION
Commission Communication
Chairman Greaser informed the Commission that the annexation and zoning request for 3101
County Road 620 had been withdrawn.
Mr. Nick Martin stated that it is easy to relate to the emotions of residents who speak at public
hearings, but the Commission's job is to make decisions based on the applicable criteria,
including the City Code.
At the request of Chairman Greaser, Mr. Shrimplin explained the process used by the City staff
in arriving at a recommendation for an application. He stated that all applications reviewed by
the Planning and Zoning Commission are first presented to the Development Review Group
(DRG), which consists of staff from Planning, Engineering, Inspections, Fire, Public Works,
Parks and Recreation, and Alliance Water Resources. DRG uses the City's geographic
information system (GIS) to obtain information on zoning, future land use designations,
subdivisions, water, sanitary sewer, storm sewer, streets, and other features. This information,
together with the knowledge and skills of the staff members, is the basis for making comments
and forming a recommendation. Mr. Shrimplin then prepares the staff report. For rezoning
requests, the proposed zoning district must be reasonable and in reasonable conformity with the
existing uses and value of the immediately surrounding properties.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
February 8, 2023
Page 3 of 4
Mr. Nick Martin thanked the staff for their time and diligence in making recommendations to the
Commission.
Mr. Blank explained that, as a business owner and a Planning and Zoning Commission
member, he has been on both sides of the process. The directive of each Commission member
is to consider both the staff report and the comments made at the public hearing before deciding
how to vote. He stated he felt the process for the 3101 County Road 620 zoning request did not
follow this directive. Mr. Greaser noted that the neighboring property owners claimed they did
not receive notice of the public hearing until the day before. Mr. Shrimplin explained that the
only notice requirement in the City Code for a rezoning request is the notice of the City Council's
public hearing, which must be published in a newspaper of general circulation in the city at least
15 days prior to the hearing. As a standard practice, the staff mails a notice of the Planning and
Zoning Commission's public hearing to the adjacent property owners one week prior to the
hearing. In addition, a sign containing the date, time, location, and subject of the hearing is
posted on the property proposed to be rezoned. He stated that staff frequently advises
applicants to discuss their plans with the neighbors before filing their application.
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 23, 2023:
® 2654 Cape LaCroix Road Rezoning — 2nd & 3rd Readings
® Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana
Facilities, and Personal Cultivation of Marijuana — 1St Reading
® Stevenson Subdivision Record Plat — 1 St Reading
The Council also held the following public hearings:
3101 County Road 620 Annexation — No action taken.
2530 Marsha Kay Drive Rezoning — Request denied.
The City Council approved the following on February 6, 2023:
Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana
Facilities, and Personal Cultivation of Marijuana — 2nd & 3rd Readings
Stevenson Subdivision Record Plat — 2nd & 3rd Readings
The Meadows of Whispering Oaks — Third Record Plat —1 st Reading
2. TTF7 — The TTF7 Committee will convene next spring.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
February 8, 2023
Page 4 of 4
Adjournment
There being no further business, the Commission voted unanimously to adjourn the meeting at
7:30 p.m. upon a motion made by Mr. Nick Martin and seconded by Ms. Stickel.
Respectfully submitted,
ti;Jora Youn