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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 05-13-26CITY of CAPE GIRARDEAU PLANNING &. ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES May 13, 2026 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Trae Bertrand, Scott Blank, Blake Hagedorn, Derek Jackson, Gerry Jones, Chris Martin, Nick Martin, Emily McElreath Commission Members Absent: None Staff Present: Carol Peters, Ryan Shrimplin CALL TO ORDER Chairman Nick Martin called the meeting to order at 5:30 p.m. APPROVAL OF MINUTES A motion was made by Mr. Jackson and seconded by Mr. Hagedorn to approve the minutes of the April 8, 2026 meeting as submitted. The motion passed by a unanimous vote. A. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS A.1. A public hearing was held on the request of Zenith Enterprises, LLC for a special use permit for the purposes of constructing, maintaining, and operating a vehicle fueling station and convenience store with carry-out fast food on property located at 2090 North Sprigg Street, zoned NC (Neighborhood Commercial District). Mr. Chris Koehler, Klingner & Associates, P.C., presented the request. He explained that the property was once part of a larger tract that included what is now the Hawks Landing apartment complex. The developer of the apartment complex subdivided the tract to create this corner lot, which he envisioned being developed for a vehicle fueling station and convenience store. The developer has since sold the property. The new owner would like to develop the property for this use. A special use permit is required due to the vehicle fueling station. The proposed convenience store is a pre-engineering metal building with a parapet and a nearly flat roof. Regarding the staff report, the new owner is not willing to make substantial changes to the building design if such changes would significantly increase costs. Chairman Nick Martin opened the public hearing. Ms. Shari Strack, 18 Sena Fawn Drive, spoke in opposition to the request. She stated that the proposed development would increase traffic and the potential for criminal activity in the neighborhood. She noted that the apartment complex already has issues with crime. She also expressed concerns about the proposed metal building design. Chairman Nick Martin stated that staff received an email from Earl Phillips, 916 Melody Lane, who also was opposed to the request. In the email, Mr. Phillips expressed concerns about traffic, trash, noise, and hours of operation. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 13, 2026 Page 2 of 6 Seeing no other appearances to speak, Chairman Nick Martin closed the public hearing. In response to a question from Mr. Blank, Mr. Koehler stated that he did not know the proposed hours of operation. The Commission discussed the possibility of limiting the hours of operation as a condition of approval of the special use permit. In response to a question from Mr. Bertrand, Mr. Shrimplin stated that a special use permit would not be required if the applicant only wanted a convenience store. In that scenario, the City would not have any control over the hours of operation. Mr. Chris Martin asked Mr. Shrimplin to explain why the staff report stated that the proposed special use would not substantially increase traffic hazards or congestion and that it would not substantially increase fire hazards. Mr. Shrimplin stated that, from a staff standpoint, a hazard is something that is uncontrolled. Vehicle fueling stations store and dispense gasoline and other fuels that are highly flammable and explosive, but there are numerous regulations imposed to prevent them from posing a hazard. He noted that the mere potential for a hazard does not necessarily mean that the aforementioned criteria are not met. The question is whether or not the proposed special use would "substantially increase" hazards. Given the regulations, staff did not feel that the proposed special use would rise to this level. Mr. Bertrand stated that he is not opposed to a vehicle fueling station or a convenience store at this location, but he is sympathetic to the residents who have concerns about not knowing the proposed hours of operation. Mr. Blank questioned the appropriateness of a metal building, given the other building designs and the investments made by the homeowners in the neighborhood. Ms. McElreath indicated that the existing crime problem in the area is a hazard and, in her opinion, a vehicle fueling station has the potential to substantially increase it. Mr. Chris Martin asked how the Commission could address concerns over the building design. Mr. Shrimplin stated that the staff report includes a recommended condition of approval that the design of all structures be subject to approval by the staff to ensure compliance with the NC district regulations. This would require the developer and/or their architect to work with the staff to revise the design. 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 except as provided for herein. 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. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 13, 2026 Page 3 of 6 4. This permit is not transferable without the approval of the City Council. 5. All structures shall be subject to design approval by the City staff to ensure that they are constructed using materials, surfaces, textures, and colors that are compatible with the surrounding development in accordance with the NC, Neighborhood Commercial District regulations. 6. No ir-idividual retail store, personal service establishment or other permitted use shall have a gross floor area greater than five thousand (5,000) square feet in accordance with the NC, Neighborhood Commercial District regulations. 7. A privacy fence meeting the requirements of Section 25-224(c) of the City Code shall be installed along the east and south property lines. The final design of the privacy fence shall be subject to approval by the City staff. 8. The stubbed access drive shall be extended to the south property line and connected to the existing access drive on the adjacent property. 9. An exception from Section 25-1 of the City Code is hereby granted as part of this permit to allow the driveway on North Sprigg Street to exceed the maximum driveway width of thirty (30) feet and the maximum driveway radius of twenty-five (25) feet as shown on the site plan. 10. An exception from Section 25-248(2)(a) of the City Code is hereby granted as part of this permit to allow the driveway on North Sprigg Street to have a throat length less than the minimum driveway throat length of one hundred (100) feet as shown on the site plan. A motion was made by Mr. Jones and seconded by Mr. Jackson to recommend approval of the special use permit request, subject to the conditions in the staff report. The motion failed with a roll call vote of 1 in favor, 7 in opposition, and 0 abstaining (Aye: Jones; Nay: Bertrand, Blank, Hagedorn, Jackson, C. Martin, N. Martin, McE/reath). A motion was then made by Mr. Bertrand and seconded by Chairman Nick Martin to recommend approval of the special use permit request, subject to the conditions in the staff report plus a condition that the hours of operation be limited to 5:00 a.m. to 10:00 p.m. daily. The motion failed with a roll call vote of 4 in favor, 4 in opposition, and 0 abstaining (Aye: Bertrand, Hagedorn, Jones, N. Martin; Nay: Blank, Jackson, C. Martin, McElreath). A.2. A public hearing was held on the request of Robert and Christie Rotarius for an exception from Development Code Section 25-161 (a}, fence height and surface requirements, for property located at 2801 Hopper Road. Mr. and Mrs. Rotarius presented the request. They explained that their property is a corner lot with deep front yards. They have children and dogs that they want to keep out of the street. They would like to enclose the yards with a fence that exceeds the maximum fence height of three feet The proposed fence is a decorative aluminum picket fence with a black finish and a height of four feet. Chairman Nick Martin 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: City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 13, 2026 Page 4 of6 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 limit fence height to what is reasonable and necessary for the use of the property. Excessively high fences can adversely affect the character of the neighborhood. The proposed fence will not adversely affect the character of the neighborhood because it has a reasonable height, a decorative appearance, and a mostly open surface. This qualifies 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 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. A motion was made by Mr. Bertrand and seconded by Ms. McElreath to approve the exception request. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Hagedorn, Jackson, Jones, C. Martin, N. Martin, McE/reath). B. SUBDIVISION PLATS 8.1. The record plat of Redhawk Heights Subdivision was reviewed by the Commission. Mr. Chris Koehler, Klingner & Associates, P.C., presented the request. He explained that the plat resubdivides two lots for the development of four townhouse units. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Blank and seconded by Mr. Chris Martin to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Blank, Hagedorn, Jackson, Jones, C. Martin, N. Martin, McE/reath). 8.2. The record plat of Reinagel Baldwin Drive Subdivision was reviewed by the Commission. Mr. Matt DeJournett, Dowdy & DeJournett Surveying, presented the request. He explained that the plat splits a five-acre lot from a much larger tract. The new lot will continue to be used as farm land; A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Jackson and seconded by Mr. Chris Martin to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Bertrand, Blank, Hagedorn, Jackson, Jones, C. Martin, N. Martin, McElreath). 8.3. The record plat of CPC Subdivision was reviewed by the Commission. Mr. Cullan Duke, Klingner & Associates, P.C., presented the request. He explained that the plat subdivides a tract into two lots for future commercial development. A staff report was submitted to the City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 13, 2026 Page 5 of 6 Com"mission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Bertrand and seconded by Mr. Hagedorn to recommend approval of the record plat, subject to staff's comments being suc-cessfully addressed. The motion passed by a roll call vote of 8 in favor, O in opposition, and O abstaining (Aye: Bertrand, Blank, Hagedorn, Jackson, Jones, C. Martin, N. Martin, McElreath). 8.4. The record plat of Knight Subdivision was reviewed by the Commission. Mr. Ryan Brase, Bowen Engineering & Surveying, presented the request. He explained that the plat resubdivides several tracts to create two new lots for future redevelopment. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Chris Martin and seconded by Mr. Blank to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed by a roll call vote of 8 in favor, O in opposition, and O abstaining (Aye: Bertrand, Blank, Hagedorn, Jackson, Jones, C. Martin, N. Martin, McE/reath). C. OTHER BUSINESS C.1. Commission Member Appointment Recommendation The Commission reviewed the City Advisory Board and Commission applications on file for those interested in serving on the Planning & Zoning Commission to fill the vacancy created by the resignation of Mr. Robbie Guard. A motion was made by Mr. Bertrand and seconded by Mr. Blank to recommend that the City Council appoint Larry Patterson to finish the remainder of Mr. Guard's term. The motion passed by a unanimous vote. COMMUNICATION AND UPDATES COMMISSION COMMUNICATION Mr. Chris Martin introduced his son, Sam Martin, to the Commission. Upon an invitation by Chairman Nick Martin, Sam told the Commission that he was attending the meeting in order to earn a Boy Scout Citizenship in the Community Merit Badge. STAFF COMMUNICATION Mr. Shrimplin reported that the amendments to Chapters 25 and 30 regarding billboards have been revised since they were reviewed by the Commission. He gave an overview of the main changes and stated that both amendments will be on the May 18, 2026 City Council meeting agenda for first reading. He then gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on April 20, 2026: • 539 Olive Street Rezoning - 2 nd & 3rd Readings • 1 North Park Avenue Rezoning - 2 nd & 3rd Readings • Chapter 25 Amendment Regarding Improvement of Parking Areas - 2 nd & 3 rd Readings City of Cape Girardeau Planning & Zoning Commission Meeting Minutes May 13, 2026 Page 6 of 6 • Ty Emerald Subdivision Record Plat - 2 nd & 3rd Readings • Laurenti us Larkspur Subdivision Record Plat - 1 st Reading The City Council approved the following on May 4, 2026: ADJOURNMENT • Laurentius Larkspur Subdivision Record Plat - 2 nd & 3rd Readings • 306, 308, 406 & 450 North Main Street and Adjacent Parcel to the North Rezoning - 1 st Reading • Prominence I Subdivision Record Plat - 1 st Reading There being no further business, the Commission voted unanimously to adjourn the meeting at 6:20 p.m. upon a motion made by Mr. Bertrand and seconded by Mr. Jones . Nick Martin, Chai