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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-10-2025CITY of CAPE GIRARDEAU PLANNING &. ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES September 10, 2025 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Trae Bertrand, Scott Blank, Kevin. Greaser, Derek Jackson, Gerry Jones, Chris Martin, Emily McElreath Commission Members Absent: Robbie Guard, Nick Martin Staff Present: Carol Peters, 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. Jackson and seconded by Mr. Chris Martin to approve the minutes of the August 13, 2025 meeting as submitted. The motion passed by a unanimous vote. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Elizabeth Cook to rezone property located at 815 Themis Street from C"1 (General Commercial District) to RUMD (Residential Urban Mixed Density District). Mr. Dale Gerecke, Gerecke Law LC, presented the request. He explained that the property is owned by The Ruth C. McHaney Revocable Trust and that his client, Ms. Elizabeth Cook, is the Trustee. The property contains a single"family residence, which was occupied by Ms. Cook's father until his passing. As Ms. Cook was preparing to list the property for sale, she discovered that it is zoned C"1. The family is requesting to rezone the property to RUMD so that they can market it for residential use. Chairman Blank opened the public hearing. Mr. Steven Mellies, 826 Themis Street, asked why the properties along this section of Themis street are zoned commercial when they all contain residences.· He also asked if there are plans to rezone the other properties. Mr. Shrimplin explained that the properties have been zoned C"1 for several decades. He offered to assist anyone wanting to have their property rezoned. He noted that the residences are currently a nonconforming use. Per the Zoning Code, a nonconforming use is allowed to continue as long as it does not stop for more than 274 consecutive days. After that period, any use of the property must comply with the Code. Additionally, a nonconforming use may not be expanded. Mr. Ron Ruppel, 821 Themis Street, stated that he did not realize his property was zoned C"1 until recently. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 10, 2025 Page 2 of 6 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 r;notion was made by Mr. Greaser and seconded by Mr. Jackson to recommend approval of the rezoning request. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Jackson, Jones, C. Martin, McE/reath). · 2. A public hearing was held on the request of Michael Morrow for a special use permit for the purposes of constructing, maintaining, and operating a vehicle tire sales, service and repair facility at 401 and 415 South Sprigg Street, zoned CBD (Central Business District). Michael and Leslie Morrow presented the request. They explained that they own a tire business and applied for a business license at this location. They added that they plan on making several improvements to the property. 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. Prior to occupancy, the tracts comprising the property shall be combined into a single lot via a record plat. 6. A minimum of eight (8) off-street parking spaces shall be provided in accordance with Chapter 25, Article 11 of the City Code. 7. New and expanded vehicle parking and maneuvering areas shall be paved in accordance with Section 25-49(c) of the City Code. 8. Landscaping shall be provided in accordance with Chapter 25, Article VIII of the City Code. 9. Bufferyards shall be provided in accordance with Chapter 25, Article VIII of the City Code. 10. New and replacement exterior lighting shall comply with Chapter 25, Article Ill of the City Code. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 10, 2025 Page 3 of 6 11. Signage shall comply with Chapter 25, Article V of the City Code. 12. A CBD Design Standards Approval Application shall be submitted for the exterior building alterations in accordance with Section 30-65 of the City Code. 13. All storage of merchandise, materials, products and equipment, and waste containers, shall be within a fully enclosed building or in an open yard so screened that the items being stored are not visible from the street or any adjacent property. The final design of the screening shall be subject to approval by the City staff. 14. All vehicles shall be parked in an orderly manner and shall not impede vehicular or pedestrian access. 15. Wrecked vehicles shall be prohibited. Vehicles visible from the street or any adjacent property shall not have missing wheels or tires except for vehicles in the service bays within the building. Upon Mr. Shrimplin reading aloud the conditions, Michael and Leslie Morrow indicated that they understood the conditions and agreed to them. Chairman Blank stated that the property is very clean and the owners are doing a good job with the property. A motion was made by Mr. Jackson and seconded by Ms. McElreath to recommend approval of the special use permit request, subject to the conditions in the staff report. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Blank, Greaser, Jackson, Jones, C. Martin, McE/reath). 3. A public hearing was held on the request of Chipotle Mexican Grill/L 16 Development, LLC for an exception from Development Code Section 25-223(b){1 ), parking lot interior landscaping areas, for property located at 3265 William Street. Mr. Chris Koehler, Koehler Engineering & Land Surveying, presented the request on behalf of the applicant. Mr. Koehler explained that the code requires 15% overall site landscaping and 15% parking lot interior landscaping. He stated that the overall site exceeds the 15% standard but the parking lot interior landscaping is short by 4%. In exchange for approval of a reduced parking lot interior landscaping percentage, the applicant is willing to provide groundcover and four plant types in the landscaping areas. The code only requires groundcover and one plant type. 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 contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The purpose of the requirement is to break up the expanse of pavement in parking lots and to provide a balance between the built and natural environments. Landscaping areas make sites more attractive, and they can be designed to incorporate stormwater management features. The Development Code requires parking lot interior landscaping areas to be completely covered with at least one of the groundcover types in Section 25-225( 1) and contain at least one of the plant types in City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 10, 2025 Page 4 of 6 Section 25-225(2) through (6). In exchange for approval of a reduced parking lot interior landscaping percentage, the applicant is proposing to provide more plants and plant types than what is required by the Code. This constitutes a substantial equivalent because the applicant is upgrading the landscaping in terms of plantings while still providing enough landscaping area to break up the pavement area. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following condition: 1. The final design of the landscaping shall be subject to approval by the City staff. A motion was made by Mr. Greaser and seconded by Mr. Chris Martin to approve the exception request, subject to the condition in the staff report. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Blank, Greaser, Jackson, Jones, C. Martin, McE/reath). 4. A public hearing was held on the request of Mercy Hospital Southeast for. an exception from Development Code Section 25-250(a), number and spacing of driveways -multi-family residential and nonresidential uses, for property located at 1111 North Mt. Auburn Road. Mr. Chris Buerck, Bowen Engineering & Surveying, presented the request on behalf of the applicant. Mr. Buerck explained that the building is being renovated for a new tenant. The new tenant will generate more traffic and parking demand than the previous tenant. In addition to expanding the parking lot, Mercy is proposing a second driveway on North Mt. Auburn Road to allow traffic to move more efficiently. He added that Mercy agrees to designate each driveway as one-way per the condition in the staff report. 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 contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The purpose of the requirement is to minimize traffic conflict points (i.e., intersecting points between different traffic movement paths). Generally speaking, the more driveways there are on a street, the more opportunities there are for collisions and other conflicts. By limiting a lot to one driveway per full 150-foot or 75-foot section (depending on the street classification), the number of conflict points is controlled. However, there are other ways to control conflict points. One such way is to limit driveways in terms of their direction. Designating a driveway as one-way (enter only or exit only) reduces the number of turning movements at that point and minimizes City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 10, 2025 Page 5 of 6 conflicts between those vehicles entering a driveway and those exiting. This would qualify as a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent described above ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following condition: 1. The north driveway shall be designated as one-way (enter only) and the south driveway shall be designated as one-way (exit only). Pavement markings and signage to this effect shall be provided, which shall be subject to approval by the City staff. A motion was made by Mr. Jackson and seconded by Mr. Greaser to approve the exception request, subject to the condition in the staff report. The motion passed by a roll call vote of 7 in favor, O in opposition, and O abstaining (Aye: Bertrand, Blank, Greaser, Jackson, Jones, C. Martin, McE/reath). OTHER ITEMS AND COMMUNICATION Commission Communication Mr. Greaser stated that he noticed four large shipping containers in the front yard at Furniture Finds, 1221 North Kingshighway. He asked if Furniture Finds obtained approval to place them on the property. Mr. Shrimplin explained that shipping containers are subject to the requirements in Section 30-105 of the Zoning Code. This section permits, by right, the short-term use of one or more shipping containers for an accessory use (excluding dwellings) in all zoning districts. Short-term is defined as 12 consecutive months or less. After 12 consecutive months, it becomes long-term and a special use permit is required. He added that staff is investigating how long the containers have been on the property, after which Furniture Finds will be contacted. Mr. Chris Martin congratulated Chairman Blank on the opening of the new police substation in his building at 629 Good Hope Street. He thanked Mr. Blank for his continued investments in the community. 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 September 2, 2025: • 538 & 542 South Ellis Street and 549 South Sprigg Street Rezoning - 1 st Reading Adjournment City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 10, 2025 Page 6 of 6 • Chapter 30 amendment regarding R-4 , Medium Density Multifamily Residential District - 1 st Reading There being no further business, the Commission voted unanimously to adjourn the meeting at 5:55 p.m . upon a motion made by Mr. Jackson and seconded by Mr. Bertrand . Respectfully submitted, Chris Martin, Secretary