Loading...
HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-14-2011 Planning and Zoning Commission � , City of Cape Girardeau �'i��,��� �'��°�';�'«;�,t.,°'a°«.��„t��,ili�,� 401 Independence Street � Cape Girardeau, Mo. 63703 . • (573) 339-6326 MEETING MINUTES September 14, 2011 Present: Wayne Bowen, Trae Bertrand, Raymond Buhs, Charles O. Haubold, Jr, Ralph Maxton, Scott McClanahan, Marcia Ritter and Thomas J. Welch Absent: William Hinckley Staff Present: Kelly Green, Martha Brown, and Carol Peters Call to Order. In the absence of Chairman Hinckley, Vice Chairman Trae Bertrand called the meeting to order at 7:00 p.m. Approval of Minutes � The minutes of the August 10, 2011 meeting were unanimously approved upon motion made by Mr. McClanahan and seconded by Mr. Haubold. Public Hearinqs 1. A Public Hearing was held regarding the request to rezone property at 2901 Hawthorne Road from the R-1 (Single-Family Suburban Residential) District to the AG (Agricultural) District. Mr. Jack Pettet, applicant, explained that a Special Use Permit was issued by the City 15 years ago allowing the operation of a driving range. The Special Use Permit was only granted for a 15 year time frame and expired in January, 2011. Since a Special Use Permit for a driving range is no longer allowed in an R-1 district, the request is being made to rezone the property to the AG district. Mr. Haubold questioned Mr. Pettet on the need for nets around the perimeter of the property. Mr. Pettet explained that nets were up when the business started but over time the nets have come down. Mr. Haubold showed a golf ball that ended up almost hitting him in his yard and expressed his concerns about safety for pedestrians and residents along Hawthorne Road. Mr. Pettet was unaware of the issue and had not received any complaints but agreed nets could go back up along Hawthorne Road and requested to wait until spring to put them back up. Mrs. Ritter inquired about rezoning the property to the AG district. Ms. Brown explained the limitations of the AG District and that the continuation of a Special Use Permit is not allowed in an R-1 District. After discussions on the uses allowed in the AG district, Mr. Bowen suggested the commission look into the development of a recreation zoning district for this type of request. No one from the public spoke in favor or opposition to the request. The Planning & Zoning Commission, via motion made by Mr. Haubold and seconded by Mr. Bowen, voted to recommended approval of the rezoning request at 2901 Hawthorne Road upon the condition that netting be placed along Hawthorne � Road in the spring. The motion passed by a vote of 8 in favor, 0 in opposition and 0 abstaining. Planning & Zoning Commission Minutes September 14, 2011 Page 2 2. A Public Hearing was held for a Special Use Permit request to operate a convenience store � selling liquor seven days a week at 238 North Fountain Street. Mr. Haubold informed the commission of the new committee formed for liquor licensing and liquor control. He felt this request should go to that committee first for their recommendation. Ms. Brown explained that this property is located in an RUMD (Residential Urban Mixed Density) district which requires a Special Use Permit for retail operations. Mr. Gordan Glaus, Attorney for the property owner Mr. Shah Faisal, presented information to the commission. He stated the new approval process for liquor licenses requires an application to be filed with the City Manager which can then be appealed and taken to the City Council. Mr. Faisal followed this process and was denied a liquor license for Sunday sales due the continuation of the business as a legal nonconforming use so that is why the request for the Special Use Permit is being presented to the Planning and Zoning Commission. Mr. Glaus informed the commission that Mr. Faisal is already operating the convenience store with the sale of liquor on Monday through Saturday and would just like to continue that operation on Sunday. He presented a petition from 186 individuals in favor of the Sunday sales. No one spoke in support of the request however, four individuals spoke in opposition. Mr. Brian Langlois, who owns Bellevue Bed and Breakfast at 312 Bellevue Avenue asked that the commission make note that the City Manager denied the request. He also felt Mr. Faisal has been untruthful. He stated Mr. Faisal told the prior owner he was purchasing the property for office space and then turned it into a "discount liquor" store. He told the commission about an armed robbery and numerous reports of trash in the yard. Mr. Bertrand reminded those in attendance that the commission could not stop what was currently being done and asked how sales on Sunday would be any different. As far as the Bed and Breakfast is concerned, a lot of business is done on Saturday and Sunday and he was concerned with more trash and noise. Mr. Larry Stroder, who owns the house across the ( ,► street at 241 N. Fountain, spoke in opposition stating he didn't like the trash in his yard and �°"� didn't feel safe in his front yard due to the muggings and robberies. He felt six days a week was enough and felt his property value has declined since the opening of this business. Mr. Lyman Pitman, who owns the property at 315 Bellevue, also spoke in opposition stating his quality of life is suffering. He works during the week and would like to enjoy his time outside on the weekends. By not allowing Sunday sales he says he can still enjoy 50% of the weekend outside. After further discussion Mr. Haubold made a motion seconded by Mr. Maxton to approve the Special Use Permit for the operation of a convenience store selling packaged liquor on Sunday at 238 North Fountain Street. The Planning and Zoning Commission recommended disapproval of the Special Use Permit with a vote of 1 in favor, 7 in opposition and 0 abstaining. Subdivision Plats 3. The Commission reviewed a Record Plat of Dombrowski's First Subdivision. Mr. Chris Koehler presented the request to the Commission. A motion was made by Mr. Haubold, seconded by Mr. Bowen for the approval of the record plat. The plat was recommended for approval by the Commission with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 4. Mr. Bertrand made a motion to table the Independence Village Subdivision Record Plat discussion until revisions are received from the applicant. Mr. Buhs seconded the motion and #he Commission tabled the request with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 5. The Commission reviewed a Record Plat of Lohmann Subdivision. Mr. Dan Lohmann explained that the purpose of the subdivision is to separate a commercial building and residential building which are currently on the same lot so that the commercial building can be � sold. Mr. Haubold made a motion to approve the subdivision. Mr. McClanahan seconded the Planning & Zoning Commission Minutes September 14, 2011 � Page 3 motion. The Planning and Zoning Commission recommended approval of the subdivision with a vote of 8 in favor, 0 in opposition, and 0 abstaining. Staff Report Ms. Brown informed the Commission that the Utility Facilities section of the Development Code is being discussed by the attorneys and the utility companies. No time frame for implementation has been set. Ms. Brown also mentioned some issues have developed with the fence regulations and variance requests. Eric Cunningham, City Attorney, has made the determination that since the fence regulations specifically state permits are required in residential and commercial areas, then no fence regulations are in effect for manufacturing uses. Ms. Brown suggested the Development Code committee discuss this issue at their next meeting. Ms. Green informed the Commission that the deadline for applicants to submit their resumes for the City Planner position has passed. Therefore, the resumes received will be reviewed and interviews will be scheduled soon. Adiournment Upon motion made by Mr. Haubold, seconded by Mr. Bowen, the meeting was adjourned unanimously at 7:45 p.m. /�'"'� Respectfully submitted, � 1 �<��/�'� /"�'�G��� Ralph C. Maxton Secretary �