Public hearing on peripheral zoning draws overflow crowd at Osage Community Centre

At a standing-room-only public hearing Tuesday night, no resident in attendance spoke in favor of peripheral zoning.

Cape Girardeau City Council member Mark Lanzotti was the strongest voice in support of the plan, telling the crowd of almost 400 at the Osage Community Centre that without the protections offered through peripheral zoning, it was entirely possible for a strip club or adult novelty shop to open across the road from homes and farms.

"There's not an ounce of control that would prevent that," Lanzotti said.

Without planning and zoning in Cape Girardeau County, he said, county residents were exposed to all types of businesses and developments, including quarries, large-scale agriculture operations, duplexes and nightclubs.

Lanzotti also addressed some of the more common concerns about peripheral zoning. He said peripheral zoning would not raise taxes or require building codes, permits or inspections for home or property additions that are allowed within the proposed AG-1 classification.

He also said it would not impose municipal ordinances pertaining to weed control or noise, but would allow for orderly growth and development.

Despite Lanzotti's assurances, audience members still raised concerns and opposition to the proposal.

Presiding Commissioner Gerald Jones, the hearing's moderator, said crowd members would be allowed to speak in "for-and-against" order. However, no one in the crowd would speak in favor of peripheral zoning.

Jim Goggin, the unofficial leader of the opposition, said he was at the hearing to let the commission know county residents were not willing to let the city take over their property.

"We have given our country away a little piece at a time. This is a good example of people who are taking a stand for something that is near and dear to them," he said. "We wish to send a clear message to the county commission that we do not want or need peripheral zoning."

Throughout much of his presentation, Lanzotti referred to the proposal as "peripheral planning," a departure from the usually used "peripheral zoning." Goggin and several other audience members noted the use of the new term.

"I'm amused that tonight we've been calling this peripheral planning. Up until tonight it was peripheral zoning," Goggin said.

Lanzotti also said peripheral zoning will not only provide protections to county landowners, but help the city control costs associated with annexing substandard subdivisions.

"We are asking for this because there are no land use controls in Cape Girardeau County," he said.

Lanzotti said because there are no standards in the county, city taxpayers often incur a cost to bring infrastructure in developments up to code.

Goggin addressed Lanzotti's claim, saying he went to Cape Girardeau City Hall and obtained information about developments annexed in the past 10 years and found no city money was used for improvements.

Other opponents pointed to the condition of city infrastructure and said they had no expectation the city would keep the peripheral zone in good condition.

"If one would just drive down Broadway, Main Street, Spanish Street and more others. ... If they can't do right by what is in the city limits, why should we put the peripheral zone in their hands?" Tom Herbert said. "It's a matter of trust and the trust is not there."

Charles Brawley, a former candidate for presiding commissioner, proposed an alternate plan. He said city officials should meet with developers wishing for annexation and make sure they are aware of city code and requirements.

"If they don't meet it, don't annex it. It doesn't cost you a penny," Brawley said.

He said dealing directly with those creating the problems would leave county residents and the commission out of a discussion that does not concern them.

At times the crowd grew loud and unruly, prompting Jones to remind the audience to be respectful.

"A public hearing is not an inquisition. We are going to stay by these rules. Hold your questions. They heard them and will answer them," Jones said.

Despite assurances from Jones that audience questions would be addressed at the end of the hearing, Lanzotti refused to respond to any of the questions or accusations. After audience members started protesting, Jones said he wasn't Lanzotti's boss and he couldn't make him answer questions.

Cape Girardeau city manager Scott Meyer addressed the crowd at the end of the hearing, saying the city was not interested in a "land grab."

Opponents also had warnings for the commission. Many speakers told commissioners that if they vote in favor of the city's request, they will find themselves out of a job after the next election.

All of Cape Girardeau County's commissioners attended the public hearing, but only Jones, in the role as moderator, spoke.

Almost half of the crowd stood along the walls, in the aisle and in the hallways leading to the public hearing. Some in the crowd accused the city of holding the meeting in a facility too small to accommodate the crowd in an attempt to discourage the opposition.

Jones said the commission would vote on the city's request at 10 a.m. Thursday during its regular meeting. State law required the commission to hold at least one public hearing before considering the request.

Two of the three commissioners would need to vote in favor of the request in order for it to be implemented. Commissioners Paul Koeper and Jay Purcell have publicly stated they are against establishing the peripheral zone.

If commissioners approve the city's request, the two-mile area surrounding Cape Girardeau would be zoned AG-1, a less-restrictive agricultural designation that allows farming, single-family houses and small businesses.

Tuesday night's public hearing at the Osage Community Centre in Cape Girardeau was the first official hearing on peripheral zoning, but followed an opposition-led meeting a little more than two weeks ago at the East County Fire Station. About 200 people attended that meeting.

cbartholomew@semissourian.com

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