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Home My WebLink AboutPlanning & Zoning Commission Minutes 12-09-2009 � ' ' , Planning and Zoning Commission City of Cape Girardeau 401 Independence Street i1-�1.�<�,�-�1��,��•r«��.��rl��«.�a�r�� CapeGirardeau, Mo. 63703 "� 573-339-6326 ` MEETING MINUTES December 9, 2009 Present: William Hinckley, Charles O. Haubold, Jr., Scott McClanahan, Harry E. Rediger, Scott M. Rhodes, and Trae Bertrand Absent: Ralph Maxton, Raymond Buhs, and Patricia Mothershead Staff Present: Ken Eftink, Sarah Wallace, 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 November 12, 2009, regular meeting were approved � unanimously upon motion made by Charles Haubold and seconded by Harry Rediger. Approval of Minutes. The minutes of the October 28, 2009, joint Planning and Zoning Commission meeting with the City of Jackson were approved unanimously upon motion made by Harry Rediger and seconded by Charles Haubold. A�pearances on items not on the aqenda. None. Public Hearinqs 1. Request of Jeana Schoener for a Special Use Permit for a photography business located at 3601 Old Hopper Road. Jeana Schoener spoke in favor of her request stating that she has had a photography business for the last eight years and is currently looking to expand her business. Schoener also requested to have signage by the street. Schoener added that she would not be living at 3601 and that it would only be the location of her business. Bruce Jateff of 3614 Old Hopper Road spoke against this request stating that he has been a 20 year resident of that neighborhood and does not feel that a photography business would benefit the area. Steve Legrand of 3618 Old Hopper Road spoke against this request stating that there is plenty of commercial property in town that can be utilized for a photography business. Legrand stated that he is concerned with having a business in the neighborhood while children are living there. Legrand also stated that he feels that allowing a business in a � residential neighborhood encourages spot zoning. Legrand felt that this would detract from property values and stated that many of his neighbors feel the same way. Steve Legrand also spoke on behalf of his neighbor, Matt Burrows of 3619 Old Hopper Road and stated that he is also against having a photography business in the neighborhood. 2. Request of Rhodes Development Company to rezone the property located at 1634 North � Kingshighway from the C-2 (General Commercial) District and the R-1 (Single-Family Residential) District to the C-2 (General Commercial) District. No one was present to speak for or against this request. Discussion and Votinq on Applications 3. Request of Jeana Schoener for a Special Use Permit for a photography business located at 3601 Old Hopper Road. Harry Rediger made the motion for approval, seconded by Charles Haubold. Charles Haubold added that he was contacted by Alex and Meredith Ogburn of 3610 Old Hopper Road. He stated that they were not opposed but they were concerned with any signage that might be placed on the property. They stated that they would be comfortable with nothing larger than 18 by 24 inches. Harry Rediger stated that business purposes alone are not appropriate for residential areas. Rediger added that if the applicant would be living there, it would be different. The vote count on the motion to approve was, 0 in favor, 6 in opposition, and 0 abstaining. 4. Request of Rhodes Development Company to rezone the property located at 1634 North Kingshighway from the C-2 (General Commercial) District and the R-1 (Single-Family � Residential) District to the C-2 (General Commercial) District. Scott Rhodes abstained from discussion and voting on this application for financial reasons. Charles Haubold made the motion for approval, seconded by Harry Rediger. Chairman Hinckley stated that the Commission has set a precedent to table applications when no one appears to speak for or against a request. However, since this was a special circumstance for cleaning up a parcel that had been split zoned, it would not get tabled. The vote count on the motion to approve was 5 in favor, 0 in opposition, and 1 abstaining, with the abstention being from Scott Rhodes for financial reasons. Subdivisions 5. River Bend Subdivision, Record Plat. Richard Reinhardt stated that this subdivision was at the request of Habitat for Humanity to divide a parcel into two lots. Reinhardt added that acceptable plats have been submitted and staff recommends approval. Upon motion made by Trae Bertrand and seconded by Harry Rediger, the motion to recommend approval was passed unanimously. 6. Cape West Crossings, Phase II, Amended, Record Plat. Scott Rhodes abstained from discussion and voting on this item. Richard Reinhardt stated that this subdivision shows the exchange of property between the City and Mayson Investments. It also includes Outlot#2 of Cape West Crossings Phase I since the property line between Outlot#2 of � Phase I and Outlot#3 of Phase II was changing. Reinhardt added that a fourth statement was added under the access drive notes that referred to the Development Agreement between Mayson Investments and the City. Said agreement refers to the access drive in regards to it being a full access point at this time, however if problems occur in the future, it could be turned into a right in, right out only. Reinhardt added that corrected plats had just been submitted and Engineering had yet to review them. � Reinhardt stated that staff recommends approval on the condition that the plats are acceptable. Charles Haubold made the motion to approve on the condition that the plats meet the criteria from the Division of Engineering. Trae Bertrand seconded the motion. The vote count was 5 in favor, 0 in opposition, and 1 abstaining, with Scott Rhodes being the abstention for financial reasons. 7. Robinson Subdivision, Record Plat. Reinhardt stated that the applicant purchased the neighboring lot, demolished the house, and decided to construct a garage on said lot. However since accessory structures are not allowed as stand alone structures on a lot, the applicant needed to join the neighboring lot with his in order to build a garage. Reinhardt added that acceptable plats have been received and that staff recommends approval on no conditions. Upon motion made by Harry Rediger and seconded by Charles Haubold the motion to recommend approval was passed unanimously. 8. Cape West 13th Subdivision, Record Plat. Scott Rhodes abstained from discussion and voting on this item. Reinhardt stated that this is part of the Cape West Business Park area on Siemers Drive. Reinhardt added that 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 passed with a vote of 5 in favor, 0 in opposition, and 1 abstaining, with Scott Rhodes being the abstention for financial reasons. 9. Resubdivision of Lots C19, C20, & C21 of the Highlands at Dalhousie, Phase III, Record Plat. Ken Eftink stated that the house on Lot C20 was constructed too close to property � lines and the house was constructed over a sanitary sewer easement on the south and the garage was constructed over a sanitary sewer easement on the north. This plat cleans up and vacates the old easements and establishes new easements. The neighbors were also willing to change their property lines to solve that issue as well. It was discussed that this was caused by bad information on where the lot lines actually were. Upon motion made by Harry Rediger and seconded by Scott Rhodes, the motion to recommend approval was passed unanimously. Other Items and Communications 10. Transportation Trust Fund 4 Projects, Discussion and Recommendation. Kelly Green provided a brief update to the Commission on TTF-3 projects. Green reviewed the final project list for TTF-4 and added that nothing has changed since November. There was discussion that Cape Special Road District has agreed to partner with the City on Bloomfield Road. However, there are still concerns that this will not be fast enough to complete the necessary improvements. It was added that in the interim time, the City has been collecting traffic information and speed data along Bloomfield Road. It was discussed that even though the City is looking at Bloomfield Road more creatively now, nothing would change the scope of any of the projects. Harry Rediger made the motion to recommend for approval the TTF-4 project list as presented on December 9, 2009. Trae Bertrand seconded the motion and it was � approved unanimously. 11. Review new zoning ordinance and map. Set public hearing date. Sarah Wallace gave a presentation on the new draft zoning ordinance and map. Wallace addressed the major � changes taking place with the update such as the addition of new districts, the removal of old districts, the removal of"roomers" and the change in layout intended to make the document more user friendly. The new districts created include the agricultural, rural estate, high density multi family, residential urban mixed density, neighborhood commercial, and different overlay districts. The districts that were removed were the C-3 District (Central Business District) which changed to the CBD District and the C-4 District (Planned Commercial) which does not exist anymore. Wallace also pointed out some of the similarities with the update such as the definition of family staying the same and the R-1, R-2, C-1, C-2, M-1, and M-2 Districts are generally the same with minor updates. Wallace also spoke briefly on the supplemental regulations stating the changes and additions that occurred. Wallace explained the schedule for the zoning ordinance. Wallace presented Tuesday, January 5th from 6:00 p.m. to 8:00 p.m. as a possible time for a public meeting/open house for the public to become educated on the update. Wallace also presented Wednesday, January 13th prior to the Planning and Zoning Commission (6:OOpm — 7:OOpm) meeting as another time for an open house for the public to become educated on the updates, with a public hearing scheduled during the Planning and Zoning Commission meeting on January 13th. Upon motion made by Charles Haubold and seconded by Scott McClanahan, these dates and times were approved unanimously. Harry Rediger requested that a list of bullet points from the meeting on January 5th be included in the Planning and Zoning Commission agenda mail out. 12. Staff Time. � 13. Adjournment. Upon motion made by Charles Haubold and seconded by Scott Rhodes the meeting was adjourned unanimously. Respectfully submitted, � �./ � �� - f�ymond Buhs Secretary �