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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 10-13-2010 � ' ' , Planning and Zoning Commission City of Cape Girardeau 401 Independence Street Ir�C����<�rh,�,•�����,•r«����<�«rl.,,�,,,���,,,��r�zl�-.� Cape Girardeau, Mo. 63703 � • � 573-339-6326 MEETING MINUTES October 13, 2010 Present: William Hinckley, Trae Bertrand, Scott McClanahan, Charles O. Haubold, Jr., Raymond Buhs, Marcia Ritter, and Patricia Mothershead. Absent: Ralph Maxton Staff Present: Ken Eftink, and Richard S. Reinhardt, Jr. Call to Order. Chairman Hinckley called the meeting to order at 7:00 p.m. He reminded the people present at the meeting to sign the sign in sheet if they had not already done so. Approval of Minutes. The minutes of the September 8, 2010, meeting were unanimously approved upon motion made by Charles Haubold and seconded by Marcia Ritter. � Hearinqs 1. Request of Bo Shantz, Bruce Hacker, and Ritha Hacker to rezone the west 10 acres of the property located to the west of Brentwood from the R-1 (Single Family Suburban Residential) District to the C-1 (Local Commercial) District. Bo Shantz spoke on behalf of his request stating that he was in the process of negotiating with Bruce Hacker to purchase the west ten (10) acres of the property adjacent to the Interstate and west of Brentwood. Bo Shantz stated that he thinks that a commercial use would be the highest and best use for the property. John Godsey of 1323 Rosewood Drive stated that he wanted to make sure that the property in this area is planned out better than Ashland Court. He mentioned that as a result of Ashland Hills Subdivision, he and his neighbors have considerable stormwater on their lots after a heavy rainfall. He mentioned that a nursery is great but once the property is zoned commercial any type of business could move in. He stated that this is not appropriate since the property is surrounded on three sides by residential uses. His final concern was that a commercial business would lower the property values of the surrounding residential homes. Ronnie Fowler of 4011 Connor Drive reiterated what the previous person stated. He added that he had spent a long time finding a home that he liked and does not want a business moving in and taking more trees out. He stated that it is too soon to think about the idea of a nursery in that location. � Reggie Swan spoke in opposition to the request. He stated that he owns the acreage to the south. He mentioned that he purchased the property in order to protect the area from being developed. He also questioned where the road was going to be and proposed that the request be tabled. He also mentioned that it is too soon to think about the idea of a nursery in that location. Roger Jespersen of 4019 Connor Drive inquired as to what kind of buffer is required where � residential and commercial zones meet. Chairman Hinckley informed him that a fifty (50) foot green space buffer is required. Jespersen stated that he bought his property because it was in a residential area. Charles Haubold made a motion to recommend approval of the request, seconded by Marcia Ritter. The Commission discussed that the area is recommended for high density residential uses. Trae Bertrand stated that his concern was that a nursery would be fine but once the area is zoned commercial, there is nothing that shows it will be used for a nursery. It was added that ten years from now, anything could move into that property. Chairman Hinckley pointed out that the Commission follows a policy that nothing is approved without a set of plans. In the audience there were two people present in support of the request and five people present in opposition of the request. The vote count on the motion to recommend approval was 0 in favor, 7 in opposition, and 0 abstaining. 2. Request of Fruitland Livestock Market to zone the property located on Baldwin Drive to the R-3 (High Density Single Family Residential) District and the C-2 (Highway Commercial) District. Katy Liley of Koehler Engineering spoke on behalf of Dutch Meyr of Fruitland Livestock Market. Katy Liley mentioned that the request for the southwest portion was for R-3 zoning to allow for a duplex development and the remaining portion to be C-2. She mentioned that Dutch Meyr is working with a bank for the northwest part of the property. The plan for the property to the east of Baldwin Drive was for a convenience store and a retail center. Dutch Meyr has also been working with another company for duplexes to be located east of � Baldwin for a senior housing development. Senior housing is allowed in both C-2 and R-3 Districts. There was no one present to speak in favor or in opposition of the request. Marcia Ritter made a motion to recommended approval of the request, seconded by Trae Bertrand. Chairman Hinckley stated that this request should not be approved until the developer has a definite plan for the area. Chairman Hinckley also stated that the Commission needs to have sketches of what the property will look like. The vote count on the motion to recommend approval was 0 in favor, 7 in opposition, and 0 abstaining. 3. Request of Lynwood Baptist Church to zone the property to the north of 2935 Lynwood Hills Drive to the PD (Planned Development) District and to rezone the east part of the property located at 2935 Lynwood Hills Drive from the R-1 (Single Family Suburban Residential) District to the PD (Planned Development) District and for approval of the preliminary development plan. Mark Anderson who is the pastor at Lynwood Baptist Church spoke on behalf of his request. He stated that it is part of the mission of the church to help people. He added that the minimum stay would be four to six months. The first shelter would be for women, and a shelter for men and a shelter for children would follow. He added that there could potentially be a structure for a free medical clinic in the future too. He mentioned that the people living in the transitional facility cannot be roaming around and that they will have a very strict schedule. It was added that would be a fifty (50) foot buffer between the Planned Development and the surrounding residential neighborhoods. Mark Anderson noted that he has talked with many of the adjoining property owners in regards to this � request. Trae Bertrand asked Mark Anderson what the timeline for this request was. Mark Anderson stated that he would like to have an architect start drawing plans for the first � shelter within the next three to six months. Chairman Hinckley reminded Mark Anderson that he would need to go through the process each time a new structure is built if it did not show it on the previously approved development plan. No one spoke in favor of the request. Gerry Jones of Riverwest Partners, LLC spoke in opposition to this request. He stated that he appreciates what the church is trying to do. However he stated that it is problematic to put this kind of development next to a residential area. He is worried about the safety of the surrounding residents. Jones stated that the proposed development is not compatible with the surrounding area. He added that the Commission needs to consider the ramifications that this type of development would have on the surrounding area. Jeff Brune of 2902 Pine Hill Spur spoke in opposition to this request. He stated that he was speaking on behalf of his family. He stated that the proposal is well intentioned but not in the right location. He mentioned that if a transitional housing development was constructed close to Walden Park that no one in that subdivision would ever be able to sell their home for what it is worth. He also stated that he feared for the safety of his family should something like this be developed nearby. Christa Beck who lived down the street from a transitional housing development for four months spoke in opposition to the request. She mentioned that when she and her room mates moved into a house down the street from a transitional housing development, they were told that they would be safe. She then cited several examples during that time that � made her and her room mates feel unsafe. She added that she could not imagine how someone with children would feel living close to a transitional housing development after having experienced what she had been through. Dr. Beverly Evans of 2867 Walden Boulevard spoke in opposition to this request. She asked the Commission to consider the quality of life of the neighbors in that area. Bill Cole of 3053 Arrowhead Court spoke in opposition of the request. He reiterated the safety issue. Eric Goines of 2847 Lynwood Hills Drive spoke in opposition of the request. He stated that he agrees with what has been said. He wanted the Commission to think about the property values in the area, the safety of those who live in that area, and the traffic in the area. Gerald Jones, the presiding Commissioner for Cape Girardeau County, spoke in opposition of the request. He referred to other transitional housing facilities in Cape Girardeau County and stated that the intent is admirable but the location is wrong. Curt Poore spoke in opposition of the request. He stated that this is not the right location for what the church is trying to do. Scott McClanahan made the motion to recommend approval, seconded by Patricia Mothershead. Chairman Hinckley asked for a show of hands from the audience for how many showed up in support of the request and how many showed up in opposition. There were nine present in support and 22 present in opposition. Ken Eftink referenced the future � land use plan for the area stating that it recommends medium density residential uses for the property. Ken Eftink added based off of the future land use plan for the area that staff recommends approval of this type of planned development. Scott McClanahan noted that the difference between this planned development and Walden Park is that Walden Park was completely laid out whereas the plan for Lynwood Baptist does not show where any of the structures are going to be located. � Mark Anderson withdrew his application. He stated that he wanted to be sensitive to the neighbors. He added that based on the comments made during the public hearing that he would withdraw his application and reconsider what that property could be used for. It was discussed that the property will still be annexed and that a zoning application will still need to be submitted. 4. Request of Regents Parc, LLC to rezone the property located at 1629 and 1631 Kingsway Drive from the R-1 (Single Family Suburban Residential) District to the C-2 (Highway Commercial) District. Jeff Maurer spoke on behalf of the request. He stated that he eventually plans to construct a retail center on the property. However his immediate plans are to construct a rear driveway into Regents Parc. Reggie Swan who owns the property at 1606 North Kingshighway spoke in favor of the request commenting that Jeff Maurer is a good neighbor to be next door to. Patricia Mothershead made the motion to recommend approval of the request, seconded by Ray Buhs. The motion was unanimously approved. 5. Request of the City of Cape Girardeau to rezone the property located at 317, 319, 321, 325, and 329 South Ellis Street, and 814 Morgan Oak from the R-4 (Medium Density Multi Family Residential) District to the RUMD (Residential Urban Mixed Density) District. Ken Eftink stated that this is a situation where the area was zoned in the R-4 (Medium Density � Multi Family) Residential District before the update to the zoning ordinance. Before the ordinance was updated, R-4 Districts allowed different densities of residential uses. However, the updated ordinance does not. Eftink stated that staff knew that there were areas in the City that would need changes eventually. He added that the RUMD District would allow for mixed densities of residential uses. No one was present to speak for or against this request. Scott McClanahan made the motion to recommend approval of the request, seconded by Trae Bertrand, and approved unanimously. 6. Request of the City of Cape Girardeau to rezone the property located at 409, 413, 419, and 421 North Street, 333R, 333, 329, 329R, and 323 North Fountain Street, and 338, 332, 330A, 326R, and 318 North Middle Street from the R-4 (Medium Density Multi Family Residential) District to the RUMD (Residential Urban Mixed Density) District. It was stated that this is the same situation as previously discussed on South Ellis Street, only that it is a different location. Scott McClanahan made the motion to recommend approval of the request, seconded by Charles Haubold, and approved unanimously. Other Action Items 7. Recommendation on Subdivision Land Regulations for Cape Girardeau County. Chairman Hinckley informed the Commissioners that they should all have the project status report, a � sheet with questions and answers on it, and a draft copy of the Land Subdivision Regulations to present to the County. Chairman Hinckley added that this has been done in � order to protect the City of Cape Girardeau, the City of Jackson, and residents of the County of Cape Girardeau from developers who take shortcuts. Chairman Hinckley stated that the very basic regulations were used and rewritten about five or six times. The plan is to present the document to the Cape Girardeau City Council on November 1, 2010 and to the City of Jackson Alderman on November 15, 2010 and then to the County Commission in January of 2011. It was added that these subdivision regulations have nothing to do with zoning. Marcia Ritter made the motion to forward the regulations to City Council for a presentation for Council to pass a resolution to forward the regulations to the County Commission. Patricia Mothershead seconded the motion and it was approved unanimously. 8. Development Code—Signs, Billboards, Retaining Walls, Fences, Landscaping/Bufferyards. Chairman Hinckley noted the chances that had been made to signs in regards to electronic signs and also noted the change in regards to bufferyards as requested by Old town Cape. Scott McClanahan made the motion to recommend approval, seconded by Charles Haubold, and approved unanimously. Subdivision Plats 9. Record Plat of the Resubdivision of Lots P38, P39, & P40 of the Lochs at Dalhousie— Phase IV and Lots P85, P86, and P87 of the Lochs at Dalhousie—Corrected Amended. Richard Reinhardt stated that the owner of these lots is joining Lots P85 and P86 and moving the property line between Lots P40 and P39. Richard Reinhardt also informed the � Commission that previously Staff approved a lot line adjustment plat for this area. He also mentioned that Staff recommends approval of the request on the condition that the easements that are going to be vacated are relocated to reflect the new property lines. He added that Staff is asking for twenty (20) foot wide easements. Charles Haubold made the motion to recommend approval on the condition stated by Staff. Trae Bertrand seconded the motion and it was approved unanimously. Other Items and Communications 10. Casino Draft Development Plan. Dick Meister gave a presentation on the casino plans showing the expected routes into the casino property, the layout of the site, street improvements, and a 3D imaging of what the casino will look like when completed. He mentioned that the casino is subject to approval by the voters in November. Dick Meister added that the casino company has been working with Earl Norman in regards to the Reynolds House. He mentioned that they plan to turn that area into a park and to restore the Reynolds House. Dick Meister stated that the long term plan is to add a seven story hotel, however that is not the plan at the current time. He stated that he is looking for input before putting his application in. 11. Discussion of Peripheral Zoning. Ken Eftink mentioned that the City Council has taken action and passed a resolution to submit a request to the County Commission to approve peripheral zoning. Ken Eftink mentioned that if peripheral zoning was approved, then everything outside of City limits and within that area would be zoned AG-1. If a property owner within the AG-1 District decided to do something on their property that was not allowed in the AG-1 District, then they would need to come to the City for approval. Ken � Eftink added that at this point in time, the Planning and Zoning Commission does not need to do anything and that this item is just informational. 12. Staff Time. Ken Eftink informed the Commission that staff is looking at taking up the issue of domestic � servants due to the situation on Ashland Hills Drive. He stated that staff would like to change the definition of family in the ordinance to limit the number of domestic servants that are allowed. Ken Eftink mentioned that he would like this to appear before the Planning and Zoning Commission for a Public Hearing in November so that it can go to Council in December. Charles Haubold added that the regulations for the Planned Development District should be fixed at the same time so that it can not be used to allow someone to get a telecommunication tower. Patricia Mothershead informed the Commission that due to a conflict of scheduling, she would be unable to attend the Planning and Zoning Commission meeting in November. She added that by missing that meeting she would be off the Commission. She stated that she has enjoyed serving on the Commission and hopes to be on the Commission again sometime. 13. Adjournment. Upon motion made by Charlie Haubold and seconded by Marcia Ritter, the meeting was adjourned unanimously at 9:20 p.m. Respectfully submitted, -�.,���C��� 'o��� /� William T. Hinckley � Chairman �