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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 07-14-2010 ' ' , Planning and Zoning Commission ;r�s, City of Cape Girardeau r � 401 Independence Street ir�'1,�,����r.hr��-���,��•r«�•�,.�«�6,��,.<«�,��<<�l<<, Cape Girardeau, Mo. 63703 � . � 573-339-6326 MEETING MINUTES July 14, 2010 Present: William Hinckley, Trae Bertrand, Scott McClanahan, Charles O. Haubold, Jr., Ralph Maxton, Raymond Buhs, Patricia Mothershead, and Marcia Ritter Absent: Scott Rhodes Staff Present: Ken Eftink, Martha Brown, and Richard S. Reinhardt, Jr. Call to Order. Chairman Hinckley called the meeting to order at 7:00 p.m. Approval of Minutes. The minutes of the June 9, 2010, meeting were unanimously approved upon motion made by Charles Haubold and seconded by Trae Bertrand. Hearinqs /�0"'� 1. Request of Michael Annis, Dale Lafont, and Alecia Lafont to rezone the property located at 402 Chesley Drive from the R-1 (Single Family Suburban Residential) District to the R-3 (High Density Single Family Residential) District. Michael Annis spoke on behalf of his request. He stated that he plans to subdivide the lot and construct duplexes on it. Annis added that the duplexes would be designed to be elderly housing that would be more affordable than other places that provide housing for the elderly. Annis also mentioned that this would fit in with the neighborhood given the R-3 (High Density Single Family Residential) District to the east and the R-4 (Medium Density Multi Family Residential) District to the northwest. Annis stated that another residential district would be the preferred zoning for that area as opposed to a commercial district. There was no one in addition to the applicant to speak for the request. Neil Kefauver of 414 Chesley spoke in opposition of the request. He stated that changing the zoning of 402 Chesley would change the look of the neighborhood. He added that the property needs to be cleaned up and have another single family home on it. Fred Horrell of 614 Chesley echoed what Kefauver said. Glen Nenninger of 2727 Partridge Court spoke in opposition of the request stating that the property needed to remain single family. Robyn McCulley of 3109 Meadowlark Lane spoke in opposition of the request. She stated � that she chose to live in that neighborhood because it was close to the amenities such as _ the mall and other commercial businesses yet was still a single family residential neighborhood. She added that she did not want to see property in that neighborhood change zoning and change the feel of the neighborhood. There were fifteen (15) total households that were present at the meeting who were against the rezoning of the property at 402 Chesley. � Mike Peters of 2640 Cobblestone who also owns the California Homes development on the north of Bloomfield stated that he was not for or against this application. He mentioned that when he had came for a rezoning that he had faced no opposition. He added that future development would grow towards the south and asked the Commission if they were ready for it or not. He also added that the R-3 (High Density Single Family Residential) District would be a smooth transition. 2. Development Code: Landscaping-Bufferyards, Fences, and Retaining Walls. Martha Brown stated that these sections have been reviewed by the Development Code Subcommittee and went over some of the major changes that are taking place. Fences will require permits, retaining walls over four (4) feet will require permits and the landscaping and bufferyard requirements are a quality of life issue with minimal requirements. No one was present to speak for or against any of the sections of the Development Code that were subject to the public hearing. Discussion and Votinq 3. Request of Michael Annis, Dale Lafont, and Alecia Lafont to rezone the property located at 402 Chesley Drive from the R-1 (Single Family Suburban Residential) District to the R-3 (High Density Single Family Residential) District. Charles Haubold made the motion to approve and it was seconded by Ralph Maxton. � Marcia Ritter stated that this area should be more of a protected area and should remain as an R-1 (Single Family Suburban Residential) District. Trae Bertrand mentioned that it adjoins another R-3 (High Density Single Family Residential) District and an R-4 (Medium Density Multi Family Residential) District. Charles Haubold pointed out that it is not spot zoning and it meets the requirements. Patricia Mothershead inquired as to who is responsible to clean up the site. Ken Eftink stated that the owner has been taken to court to get the site cleaned up. Eftink also mentioned that the property owner is trying to sell it. Ralph Maxton asked Annis if the homes will be owned by individual people or if they will be rented out. Annis answered that he would like to sell the homes but there is a chance that they could end up being renter occupied. The vote count on the motion to approve was 3 in favor, 5 in opposition, and 0 abstaining. The City Council will hear this application on Monday, July 1 gtn 4. Development Code: Landscaping-Bufferyards, Fences, and Retaining Walls. These three sections of the development code were recommended for approval upon motion made by Scott McClanahan, seconded by Charles Haubold, and approved unanimously. 5. Development Code: Signs and Billboards. Martha Brown went over the changes as a result � of the Development Code meeting with sign companies. These two sections of the — development code were recommended for approval upon motion made by Ralph Maxton, seconded by Charles Haubold, and approved unanimously. The five sections of the proposed development code that were recommended for approval will be the subject of a public hearing at the August 2, 2010 City Council meeting. � Subdivision Plats 6. Victorian Estates Subdivision, Preliminary Plat. Chris Koehler was in attendance at the meeting on behalf of Chad Hartle. Koehler mentioned that this area was originally platted in 1969 and part of it was developed towards the north, but the majority sat vacant until Larry McCulley purchased the property from the Drury's. When the City acquired property for the Walker Branch flood control project, it resulted in the western lots of Victorian Estates no longer being able to be developed into lots. In 1997 a preliminary plat was submitted that had the same number of lots as the originally platted Victorian Estates, however the lots were smaller due to the property acquisition for Walker Branch. Koehler added that to conform to current zoning requirements would result in a significant devaluation of property value. Fred Waltz referred to the condemnation on the property and that it was in the best interest of the City to mitigate the damages caused to the property value as a result of taking the property for the flood control project on Walker Branch. The Commission pointed out that the City paid a settlement of$80,000 because of the damages to the property value. It was added that the property could be developed as currently subdivided from the plat that was approved in 1969. The Commissioners discussed that they did not feel that they were obligated to continue approving a subdivision that does not meet the requirements of the R-1 (Single Family � Suburban Residential District) when the property has sat vacant without being developed. Chris Koehler stated that the property was not developed because of the economy. Charles Haubold made the motion to approve, seconded by Trae Bertrand. Charles Haubold stated that granting a variance for the majority of a subdivision was not a good idea. Chairman Hinckley had the same problem with granting variances for the smaller lot sizes. Trae Bertrand mentioned that he did not have a problem granting a variance for the smaller lot sizes since it blends in with the surrounding area. Bertrand stated that his problem was continuing to approve a subdivision that is not getting developed. Ken Eftink informed the Commission that they have the option to table the subdivision. Chairman Hinckley stated that he was not interested in tabling the subdivision. Chairman Hinckley stated that the City Council can choose to approve it if they want based on past agreements between the City and the McCulleys, however he was not willing to approve it. Scott McClanahan stated that he would approve it if it would get developed but does not want to have to reapprove it again in five (5) years. The Commission voted to recommend disapproval. The vote count on the motion to approve was 1 in favor, 7 in opposition, and 0 abstaining. 7. Marquette Centre Subdivision, Record Plat. Richard Reinhardt gave staff comments. This is � a two lot subdivision. The owner is requesting to divide the north portion of the parking lot — from the existing building so that the building can be sold and the parking lot will remain with the Marquette Centre. Acceptable plats have been submitted and staff recommends approval. Upon motion made by Charles Haubold and seconded by Trae Bertrand, the motion to recommend approval was approved unanimously. � Other Items and Communications 8. Staff Time. Ken Eftink informed the Commission that he had a meeting with the Regional Planning Commission. Various transportation projects were discussed including the repairing of 34 bridges and an overlay project on Route Z. Eftink also mentioned that the Route W and Lexington intersection is on the Regional Planning Commission's five year plan. Ken Eftink informed the Commission about the joint subdivision meeting with Jackson. The subdivision regulations are getting close to being in final form. The County is interested in approving storm water regulations at the same time as the subdivision regulations. It was discussed that Charlotte Slinkard from the Historic Preservation Commission was in attendance at the meeting in order to provide representation from the Historic Preservation Commission. Ken Eftink mentioned that there are over 80 sign violations and 14 dilapidated homes and another 150 that do not meet minimum property standards so far. Ken Eftink also informed the Commission of the trip to Paducah to look at their housing program. 9. Adjournment. Upon motion made by Patricia Mothershead and seconded by Scott � McClanahan, the meeting was adjourned unanimously at 8:15 p.m. Respectfully submitted, G�ti� S�.- S. lz• Scott M. Rhodes Secretary �