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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 05-14-2025CITY of CAPE GIRARDEAU PLANNING &. ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES May 14, 2025 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Gerry Jones, Chris Martin, Nick Martin, Emily McElreath Commission Members Absent: Trae Bertrand, Robbie Guard Staff Present: Carol Peters, Trevor Pulley, Ryan Shrimplin Call to Order Chairman Blank called the meeting to order at 5:30 p.m. Approval of Minutes A motion was made by Mr. Greaser and seconded by Mr. Jackson to approve the minutes of the · April 9, 2025 meeting as submitted. The motion passed by a unanimous vote. Amendment of Agenda A motion was made by Mr. Chris Martin and seconded by Mr. Nick Martin to amend the agenda by changing the order of the agenda items. The motion passed by a unanimous vote. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Elizabeth and Craig Thomas to rezone property located at 215 North West End Boulevard from R-3 (High Density Single-Family Residential District) to NC (Neighborhood Commercial District). Ms. Elizabeth Thomas presented the request. She explained that she and her husband, Craig, recently purchased the property with the intention of using it for an art school and studio. When they submitted the application, they were proposing to hold two classes at a time, with no more than 15 students and one teacher per class. However, after being told by the. City Planner that they would have to provide eight off-street parking·spaces, they have decided to amend their application to only propose one class at a time, with no more than 15 students and one teacher. Mr. Shrimplin explained that an art school and. studio is a special use in the NC district, so the applicants would need approval of both the rezoning and the special use permit in order to conduct the use. He clarified that this hearing is only for the rezoning. Chairman Blank opened the public hearing. Mr. Terry McDowell, representing First Church of Christ, Scientist, spoke in favor of the request. He explained that the Church sold the property to the applicants. ·He stated that there could be no better use for the building and that the applicants would do a great job taking care of the property, He noted that the property across the street was used for commercial for many years. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 14, 2025 Page 2 of 8 Mr. Greaser asked what the hours of operation would be. Ms. Thomas stated that there would be a morning class from 9:00 a.m. to noon and an afternoon class from 1 :00 p.m. to 4:00 p.m. She noted that there would be no evening classes. Seeing no other appearances to speak, Chairman Blank closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. A motion was made by Mr. Jackson and seconded by Mr. Greaser to recommend approval of the rezoning request. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McE/reath). 2. A public hearing was held on the request of Elizabeth and Craig Thomas for a special use permit for an art school and studio on property located at 215 North West End Boulevard. Mr. Shrimplin reiterated that the property would have to be rezoned to NC in order for the-special use permit to be granted. 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 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 (and/or any other required permit) for said special use has not been issued. If the building permit (and/or any other required 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 said permit(s). 4. This permit is not transferable without the approval of the City Council. 5. A minimum of eight (8) off-street parking spaces shall be provided for said special use in accordance with the City's off-street parking regulations. 6. Any exterior building alterations or additions shall be reviewed by staff for compliance with the NC district regulations prior to issuance of any permits or approvals. Mr. Shrimplin stated that, because the applicants verbally amended their application to only propose one class at a time, with no more than 15 students and one teacher, the minimum number of off-street parking spaces can be reduced from eight to four. A motion was made by Mr. Greaser and seconded by Mr. Nick Martin to recommend 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. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 14, 2025 Page 3 of 8 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 (and/or any other required permit) for said special use has not been issued. If the building permit (and/or any other required 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 said permit(s). 4. This permit is not transferable without the approval of the City Council. 5. A minimum of four (4) off-street parking spaces shall be provided for said special use in accordance with the City's off-street parking regulations. ,6. Any exterior building alterations or additions shall be reviewed by staff for compliance with the NC district regulations prior to issuance of any permits or approvals. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McElreath). 3. A public hearing was held on the request of Big River Communications/Circle Fiber for a special use permit for the long-term use of a shipping container on property located at 24 South Minnesota Avenue, in the M-1, Light Manufacturing/Industrial District. Mr. Nick Miller, Big River Communications/Circle Fiber, presented the request. He explained that the company is undertaking a large fiber installation project that is expected to take a few years. The shipping container would be used for secure storage of materials for the project. Mr. Jackson asked if the shipping container would be removed upon completion of the project. Mr. Miller stated that the container could probably be removed at that time, but no decisions have been made. 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 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 and/or the location of the shipping container) shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if said special use has not commenced. 4. This permit is not transferable without the approval of the City Council. 5. The final design of the shipping container shall be subject to approval by the City staff. The exterior of the shipping container shall be maintained to prevent paint loss or other significant wear or damage to the finish. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 14, 2025 Page 4 of 8 A motion was made by Mr. Jackson and seconded by Mr. Chris Martin to recommend approval of the special use permit request, subject to conditions in the staff report. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McE/reath). 4. A public hearing was held on the request of Armando Sanchez to rezone property located at 524 North Silver Springs Road from R-4 (Medium Density Multifamily Residential District) to NC (Neighborhood Commercial District). Mr. Armando Sanchez presented the request. He explained that he would like to develop the property for a commercial building with approximately four to five units. He stated that some of the potential uses include a bakery, a commercial daycare, a studio for dance or fitness classes (such as Zumba), a hair salon, and a small grocery store specializing in Mexican food, beverages, and other products. Mr. Greaser noted that the City Council previously denied a rezoning request by Mr. Sanchez for property that included this lot. He asked for clarification of the differences between the previous request and the current request. Mr. Chris Martin stated that, if he recalled correctly, the previous request was for two lots (524 and 546 North Silver Springs Road) and Mr. Sanchez wanted to develop each lot with a building containing commercial uses on the ground floor and residential uses above and/or behind the commercial uses. The current request is only for one of the lots, and there is no residential component this time. At the request of the Commission, Mr. Sanchez confirmed that his plans for the lot no longer included any residential uses. Chairman Blank opened the public hearing. Ms. Leslie Simmons, 2980 Shamrock Circle, spoke in opposition to the request. She stated that the neighborhood already has issues with crime due to existing commercial development, and it would not be fair to the Police Department to allow more of it. She also stated that the portion of North Silver Springs Road in front of the property always floods. She expressed concerns about delivery trucks using the Shamrock Circle cul-de-sac. She indicated that she didn't want a daycare there either. She noted that Mr. Sanchez's previous request was denied by the City Council in April, so she did not understand why the same request was being reviewed again. She stated that she strongly opposes any commercial uses on the lot, and that there would be nothing wrong with developing it for a duplex or triplex. She reiterated that, out of respect for the Police Department, there should be no more commercial uses in the area. Chairman Blank stated that, unfortunately, the Commission cannot do anything about crime and flooding issues. He noted that, if the rezoning request were to be approved, Mr. Sanchez would be required to follow City Codes in developing the property. Ms. Simmons stated that the flooding issues are due to the City allowing the MACO property to be developed without adequate drainage. Mr. Chris Martin asked if Shamrock Circle was a public street, to which Mr. Shrimplin responded affirmatively. Mr. Chris Martin stated that, because it is a public street, delivery trucks are allowed to drive on Shamrock Circle. He also noted that one of the lots at the end of Shamrock Circle was zoned C-2 (Highway Commercial). City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 14, 2025 Page 5 of 8 Mr. Nick Martin asked what would happen if the Commission recommended approval of this request to the City Council and it was subsequently denied, as was the case with the previous request. Mr. Shrimplin stated that Mr. Sanchez could develop and use the property under the current R-4 zoning, or file an application to rezone the property to a different district. Seeing no other appearances to speak, Chai~man Blank closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. A motion was made by Mr. Nick Martin and seconded by Mr. Greaser to recommend apprmt;al of the rezoning request. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McE/reath). 5. A public hearing was held on the request of Pastor Zackery Strong of Christ Church of the Heartland, Inc. to rezone property located at 720 Bertling Street from R-1 (Single-Family Suburban Residential District) to R-4 (Medium Density Multifamily Residential District). Mr. Chris Martin recused himself from the discussion and vote due to his employment with an adjacent property owner. Each of the Commission members disclosed that they had been contacted by one or more of the neighbors regarding the rezoning request. Several of the members indicated that they declined to discuss the matter until the meeting. Chairman Blank disclosed that he had met with some of the neighbors, at their request, to explain the rezoning process. Mr. Shrimplin disclosed that he had attended a different meeting to explain zoning to the neighbors prior to the rezoning application being filed. The meeting was hosted by Pastor Strong along with realtors Bill and Sandy Tegel. Pastor Zackery Strong presented the request. He explained that the church has been at this location for over 40 years. Over the years, there have been several changes made to the property. The congregation was much larger several years ago; it was at that time that a major building expansion project was initiated. Additions were constructed on the sides and rear of the original church building. Plans to expand the building further were cancelled due to changes in the congregation and the large amount of debt that had already been incurred. Recently, the church leaders made a decision to list the property for sale. The property is between six and seven acres and the building is between 46,000 and 47,000 square feet. Pastor Strong continued by explaining that there has been no interest by other churches; larger churches are not interested in buying an existing building and smaller churches cannot afford a building of this size. The R-1 zoning is very limiting and makes the property difficult to sell. He would like to get the property rezoned so it can be sold and the church can move on. Chairman Blank opened the public hearing. Ms. Sandy Tegel, realtor representing Christ Church of the Heartland, stated that the financial future of the church is dependent on selling the property. She explained that Teen Challenge had expressed interest in buying the property and converting the building to a residential treatment facility for women. Teen Challenge ultimately found another property and is no longer interested. If the church is unable to find a buyer, then the property may experience long-term vacancy, making it vulnerable to trespass, vandalism, and other adverse conditions. Ms. Jeri Spence, 1820 Scotts Lane, explained that the properties along Scotts Lane, Flint Hill, and Sylvan Lane are commonly referred to as the River Hills District. She stated that the City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 14, 2025 Page 6 of 8 residents of River Hills District are opposed to rezoning the property in general due to safety and property value concerns. Mr. Justin Scheper, 446 Bertling Street, stated that there are five multi-family developments within a one-mile radius of the property. Police records show that there have been 34 criminal incidents among these developments since last November. During this same period, there have been five criminal incidents in the River Hills District, all of which were related to vehicle break-ins and theft. He stated that there is a clear correlation between multi-family developments and higher crime rates. He mentioned that he and his husband had previously approached the church about buying some of the property, but the church was not interested. Ms. Spence added that the property owners of the River Hills District have well-maintained lawns and landscaping, and they would like to keep it that way. They are not in favor of any zoning change. The need to sell the church property should not be a compelling reason to compromise the safety of other property owners. · Mr. Mark Gum, 1420 Sylvan Lane, expressed opposition to the rezoning request and urged the Commission to recommend denial. Mr. Donald Jung, 1537 Sylvan Lane, stated that he lives across the street from the subject property. He explained that at the time the church announced its expansion plans in June 2006, a major benefactor pledged to financially support the project. The benefactor later withdrew his support. Now the church is looking to the neighbors to help bail them out. He asked if benefiting the church should outweigh the many property owners that would be affected. He asked the Commission to please keep this gem of a residential area as residential. Dr. Terry Spence, 1820 Scotts Lane, explained that although there is already a multi-family development (Cape Trails Apartments) near the single-family homes, it is separated from them by a street that acts as a barrier. There is no such barrier between the church property and the homes. He expressed concerns about rezoning a property without a plan in place for how it would be used. He felt it was like putting the cart before the horse. He suggested that the church come up with a plan for the property and then contact the homeowners to see if something could be worked out. Seeing no other appearances to speak, Chairman Blank closed the public hearing. Mr. Jackson noted that with housing prices going up, the Commission may see more requests to rezone land to allow multi-family developments near single-family subdivisions. Chairman Blank stated that rezoning such a large property to R-4 without a specific plan for it would be problematic. Mr. Nick Martin asked Ms. Spence how she would like to see the property used. Ms. Spence stated that she and her husband would be amenable to discussing ideas and problem solving with the church. Chairman Blank asked Mr. Shrimplin to explain the PD, Planned Development District. Mr. Shrimplin stated that, unlike the other zoning districts, the regulations for PD are not pre- City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 14, 2025 Page 7 of 8 established. Instead, they are proposed by the property owner. These regulations typically include permitted and special uses, lot standards (area, width), density (for residential uses), building height and setbacks, open space, and other requirements. The PD process involves the submission of a preliminary .development plan that gets approved at the time the property is rezoned to PD, followed by· a final development plan for each phase (or for the entire development if there will be no phases). Like a rezoning to a standard district, a rezoning to PD goes to the Planning & Zoning Commission for a recommendation and then on to the City Council, with each holding a public hearing. The minimum district size for a PD is three acres. Mr. Jones expressed his appreciation to those who shared their comments. He stated that the church property is a significant piece of real estate that will most likely need to be redeveloped. Mr. Greaser stated that rezoning the property to R-4 would have a dramatic impact on the neighborhood due to its size and the potential to develop it for a large number of apartments. A motion was made by Mr. Greaser and seconded by Mr. Jackson to recommend approval of the rezoning request. The motion failed by a roll call vote of O in favor, 6 in opposition, and 1 abstaining (Nay: Blank, Greaser, Jackson, Jones, N. Martin, McElreath; Abstain: C. Martin). SUBDIVISION PLATS 6. The record plat of Steven Roberts 2nd Subdivision was reviewed by the Commission. Mr. Ryan Brase, Bowen· Eng)neering & Surveying, was available for questions from the Commission .. A$.taffreport was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Nick Martin and seconded by Ms. McElreath to recommend approval of the record plat. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, N. Martin, McElreath). · OTHER ITEMS AND COMMUNICATION Commission Communication Mr. Nick Martin asked for clarification of the City's policy regarding rezoning requests that are denied. Mr. Shrimplin read aloud Section 30-32(e) of the Zoning Code (Chapter 30 of the City's Code of Ordinances), as follows: "The city council may reject an application without referring it to the planning and zoning commission and without publishing a notice of hearing if the application is made within two years of the city council's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract." He explained that in the case of the rezoning request for 524 North Silver Springs Road, he asked the City Manager if the City Council would allow Mr. Sanchez to re-file, to which the City Manager responded affirmatively. Staff Communication Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 14, 2025 Page 8 of 8 The City Council approved the following on April 21, 2025: • 1918 North Kingshighway Rezoning - 2 nd & 3rd Readings • Chapter 30 Amendment Regarding CBD, Central Business District - 1 st Reading • Zoning of property at 126 Dogwood Street upon annexation - 1 st Reading The City Council approved the following on May 5, 2025: Adjournment • Chapter 30 Amendment Regarding CBD, Central Business District - 2 nd & 3rd Readings • Zoning of property at 126 Dogwood Street upon annexation - 2 nd & 3rd Readings • 212 South West End Boulevard Rezoning - 1 st Reading • 3100 and 3130 Ragan Street Rezoning - 1 st Reading There being no further business, the Commission voted unanimously to adjourn the meeting at 6:40 p.m. upon a motion made by Mr. Greaser and seconded by Ms. McElreath. Respectfully submitted, Scott Blank, Chairman