County residents speak out against Cape Girardeau's peripheral zoning request

Richard Bess doesn't live in Cape Girardeau, but he's close.

From his yard, situated along Benton Hill Road less than a mile from the city's limits, Bess can see Saint Francis Medical Center. He can spot West Park Mall and several of the restaurants along Route K. If he squints, he can even see the Bill Emerson Memorial Bridge towering in the distance.

The proximity to town is why Bess and his wife chose the small, ranch-style home three years ago after he closed up shop on his tool business in Advance, Mo.

But the other reason he liked the location was precisely because of where it wasn't -- within the city's limits and accompanied by what he sees as stringent oversight and constant meddling.

So when Bess heard about the recent peripheral zoning proposal by Cape Girardeau officials, he was immediately opposed. He didn't like the idea of city leaders having control over what is built outside their borders, which is what the proposal is intended to allow.

"I don't like it," Bess said, taking a break from installing new windows in his home. "I don't like the idea of the city telling me what I can do out here. It's another step in the door. I do not want to deal with the city. That's why we don't live in the city."

That seems to be the sentiment of many people within the peripheral zone, a proposal that the Cape Girardeau City Council has sent to county officials to consider. The Cape Girardeau County Commission has scheduled a public hearing at 7 p.m. Nov. 30, when city leaders intend to explain the need for peripheral zoning to residents.

They may have their work cut out for them.

"I don't see the benefit to me," said Jennifer White, who lives on Matt Lane, a street along the northern edge of the proposed peripheral zone. "They are not offering representation. I am a little leery of rules applied without the benefit of representation."

The zoning, if approved by the county commission, would apply within a two-mile area extending from the city's limits. The peripheral zone would become AG-1, a less-restrictive agricultural designation that allows farming, single-family houses and small businesses. Peripheral zoning would bring rules that would require landowners with borders on or near city limits to seek approval to make significant changes to the use of their property.

Proponents, mainly council members Mark Lanzotti and John Voss, say peripheral zoning protects the city from annexing substandard infrastructure. Some developments in the county have been built to less expensive, less desirable standards and, after being annexed into the city, have been costly to maintain or upgrade.

It would also protect residents from unwanted developments along their property lines, such as junkyards, quarries, massive farms and high-density housing complexes.

Voss, in an e-mailed response to questions, said the council has received numerous requests from residents with concerns about preserving their property values, especially in light of certain types of proposed developments just outside the city limits.

There is "no intent to place burdensome development regulations on county residents, but to provide a level of oversight so that all property owners are able to use their property in harmony with their neighbors and for everyone to see their property values increase over time."

Voss said he is glad the public hearing is happening but that he hopes there are more in order to educate the public.

Residents said they worried about how much control the city would have over their property. A fact sheet on the city's website said the zoning would not restrict owners from their regular activity but that significant changes would need to be addressed by the city. Several property owners were worried that "significant" is subjective and leaves too much room for interpretation.

Linnie Harris, who lives on Kaskaskia Lane, said she is opposed to far-reaching, big government that is proposed with peripheral zoning, particularly without representation on the city council.

"That's why we live in the country," she said. "That's why we bought and built here."

For its part, the county commission seems to be going back and forth. At a commission meeting last month, Presiding Commissioner Gerald Jones said he did not foresee addressing the city's request in the near future. Two weeks later, Jones said the county needed to have a public hearing so a commission vote could be made sooner rather than later.

Jones did not give specific reasons for his change of heart, only saying that he did not want to burden a new presiding commissioner with the matter. Jones is retiring at the end of the year and will be replaced by newly elected Clint Tracy.

Tracy said last week that the commission's decision to address peripheral zoning before he takes office allows residents the opportunity to participate in the decision in a timely manner.

"That's how government's supposed to work," he said. "Government needs to work and get things done for the people, regardless of who's in office."

The public hearing later this month at the Osage Community Centre will be attended by county residents who, at the least, have concerns and questions about peripheral zoning. No doubt some will speak against it.

"There's no reason on earth for me to be for this," said Willard Middleton, who lives just south of the city's limits. "I don't want to ask the city's permission every time I want to do something with my property. I would absolutely not be in favor of it."

smoyers@semissourian.com

388-3642

cbartholomew@semissourian.com

243-8600