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HomeMy WebLinkAboutPlanning and Zoning commission minutes 02-08-2023CITY Of CAPE GIRARDEAU PLANNING & ZONING; COMMISSION M 1 � M_jTJ H NZ IH 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