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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 02-11-2009 � ' ' , Planning and Zoning Commission City of Cape Girardeau 4011ndependence 6C'�l�err fbe r•�i�rr lurn<�a!l,�ou.�rtrrd lri���<� � Cape Girardeau, Mo. 63703 � � 573-334-8326 MEETING MINUTES February 11, 2009 Present: William T. Hinckley, Ralph C. Maxton, Raymond G. Buhs, Charles O. Haubold, Jr., Trae Bertrand, Harry E. Rediger, Trisha Mothershead, and Scott M. Rhodes Absent: K. Scott McClanahan 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 January 14, 2009, regular meeting were approved � unanimously upon motion by Charles Haubold and seconded by Trae Bertrand. Hearinqs on Rezoninq and Special Use Permit Applications 1. A request of Cape Special Road District to rezone the property located at 120 Warson Street from R-1 (Single-Family Residential) District to M-1 (Light Industrial) District. Sarah Wallace said that this property was annexed into the City as an R-1 (Single- Family Residential) District and have not rezoned yet. City Staff recommended approval. No one spoke for or against the rezoning in the Public Hearing. Chairman Bill Hinckley closed the Public Hearing. Discussion and Votinq on the Rezoninq and Special Use Permit Applications 2. A request of Cape Special Road District to rezone the property located at 120 Warson Street from R-1 (Single-Family Residential) District to M-1 (Light Industrial) District. Mark Phillips of Cape Special Road District said he was there to answer any questions. Charles O. Haubold, Jr. motioned to recommend approval of the rezoning of 120 Warson Street from R-1 (Single-Family Residential) District to M-1 (Light Industrial) District, seconded by Trisha Mothershead and passed unanimously. Subdivision Plats 3. Lynwood Hills North Subdivision, Record Plat. Sarah Wallace stated that this subdivision plat is to divide the land to run with a duplex where the units have already been divided. � City Staff recommended approval with no conditions. Ronald Wene, the owner of one of the units of the duplex was at the meeting to answer questions. Scott Rhodes made a motion to recommend approval of the Lynwood Hills North Subdivision, seconded by � Charles O. Haubold, Jr. and passed unanimously. Local Historic District 4. Boulevard Local Historic District. Sarah Wallace stated that the residents of this district submitted a petition and a set of design guidelines to the Historic Preservation Commission and that the Historic Preservation Commission voted to forward the design guidelines onto the Planning and Zoning Commission and to recommend approval of the establishment of the Boulevard Historic District. Chairman Hinckley asked for persons to speak in favor of the Boulevard Historic District. No one came forward at this time. Chairman Hinckley asked for persons to speak against the proposed Boulevard Historic District. John Tansil of 1225 Hillcrest Drive spoke against the creation of the historic district. He noted that he has put a lot of money into his home and does not think it is right for someone to impose on his rights to make exterior or landscaping changes to his property. John stated that the design guidelines infringe on private property rights and also stated that he thinks that the majority of people signed the petition based on the street parking regulations and the number of people allowed in rental properties that were specified in the original draft of the design guidelines but have since been taken out. John Tansil respectfully requested that the Planning and Zoning Commission would respect his private property rights and put a clause in the design guidelines that would � exempt their property from the guidelines. Lynn McLain of 1208 Hillcrest Drive spoke against the creation of the historic district. She had brought a copy of the petition with her and noted that many of the people who signed the petition did so towards the beginning of the process and she was not sure how many people took the time to read the design guidelines as they went out to property owners. She also mentioned that she feels that the older someone's property is, the less they will be able to do with it according to the design guidelines. Lynn McLain fears that by having to go through the Historic Preservation Commission to get a Certificate of Appropriateness, remodeling the exterior of her home could become more of a hassle. Charles Distefano of 360 North Park Avenue spoke for the creation of the Boulevard Historic District. He stated that he had signed the petition and it is his believe that many that are against the creation of the district, are against it due to confusion. He also mentioned that the design guidelines are never going to please everyone in the district. He also mentioned that he wanted a one year mandatory review and then every two years after the initial one year review. He also stated that there should be reviews at any time if necessary. Charles Haubold suggested that the proposed Boulevard Historic District should be sent back to the Historic Preservation Commission for fine tuning. Scott Rhodes agreed and added that he wanted to see the residents who support the creation of the proposed historic district. Scott Rhodes added that he thinks this is a beautiful area and should be � maintained but he wants to see the supporters. Charles Haubold made a motion to send the proposed Boulevard Historic District back to the Historic Preservation Commission, seconded by Harry Rediger. There was � discussion on the motion. Trae Bertrand asked about the necessary 51% that needed to sign the petition and asked if the petition would need to be re-circulated. Ken Eftink stated that this has gone through the petition process but changes have been made, he also stated that we would need to check with the City Attorney to see what we can legally do regarding the re-circulating of the petition. Harry Rediger stated that he wanted more well defined recommendations with better facts. With no more discussion, the motion was voted on and passed unanimously to send the proposed Boulevard Historic District back to the Historic Preservation Commission. Ken Eftink stated that the earliest that the proposed Boulevard Historic District could go back to the Historic Preservation Commission would be March 18, 2009. Bill Hinckley added that there is no need to rush things, especially since this would be the first local historic district if approved. Other Items and Communications 5. Public Participation in Zoning Code Update. Sarah Wallace stated that the Planning and Zoning Commission has formed a subcommittee to update the City Zoning Code and Subdivision Regulations. She mentioned that the subcommittee started with residential districts and that this is the first draft of many drafts and the first meeting of many meetings. Sarah stated that the other zoning classifications would also be discussed. Sarah noted that the City Comprehensive Plan recommends updating the zoning code so the purpose of the discussion would be to get a general feel of involvement as we go through the process and to make sure that everyone is interpreting the document in the � same way and that this is just the beginning. Bill Hinckley told the residents in attendance that this discussion would be them telling the Commission and City Staff what they thought and that the Commission and City Staff did not intend to respond to comments yet. Bill Hinckley stated that this was the public's opportunity to talk to the commission and to City Staff. Sarah Wallace also mentioned that there is a link on the City website for updates. Dave Soto of 1200 North Kingshighway spoke first. He mentioned that he represents property owners in Cape Girardeau and he commented on private property rights. Dave Soto was concerned that renters should have rights too. Dave Soto stated that he wants to be able to tell investors that Cape Girardeau is a friendly place. Taylor Bahn of 1000 North Henderson stated that he feels the laws are confusing. He mentioned that the rules are confusing with dormers and roomers and how these are classified. He feels that there is a lot of confusion when you have college students renting as well. He stated that the new code needs to have more specificity and that the City should look at having a maximum of three people renting in a single family zoning district. Christopher Hutson of 1014 North Henderson stated that he is a homeowner and also owns several homes that he rents out to various people. He added that he has never rented to more than three unrelated people or to more than just one family. He added that if someone is not making money on property that they own, then they probably need � to look elsewhere. Christopher Hutson added that people should have the right to have a peaceful night in a nice neighborhood. Robin Cole of 2105 Perryville Road, spoke as the Chair of Habitat for Humanity. He stated that the we need to expand our mind to what a family is and that a family is not � just two parents and children anymore. He stated that we need to learn flexibility in what constitutes a family and that many families are formed by economic necessity. Robin Cole mentioned that there are mothers joining up with other mothers for economic convenience because they can not find men who will match up with them. Robin Cole stated that the City needs to be really careful as to how family is defined. Jason Coalter of 112 South Broadview spoke on the topic of roomers. He added that when he was made aware of the meeting it was Monday at 4:OOpm. He stated that his development company was not formally invited. Chairman Hinckley stated that it was not intentional and apologized for there not being a formal invite. Jason Coalter stated that he has tremendous respect for those who chose to live next to the University and he added that there are parking issues everywhere and he addressed the noise issue saying that there should not be loud parties after 10:OOpm even though there are. He added that the Hutson's deserve a peaceful place to live. Jason Coalter stated that the City needs to enforce the laws that are on the books. Jason Coalter stated that his company has put thousands of dollars into properties, turning them from a $4,000 home into a $135,000 home. He also stated that there are students who will take better care of a home than other people. He also added that if there was a maximum number of 3 unrelated people that could rent a property, then businesses and landlords would go out of business and also that his business would not be able to afford tax credit historic preservation to turn a $4,000 home into a $135,000 home anymore. Jason Coalter also spoke about a nonprofit called the Oxford Home which helps people who have had drug problems to get over their addiction. He stated that this program puts a minimum of 7 people into a home to maintain a family feel and that this program would go out the � window if the maximum number would change to 3 people. Jason Coalter stated that there are loopholes in the law. Jason Coalter also added that if there ends up being a maximum of 3 un-related people allowed to live in a particular property, then many landlords who have invested will break the rule. Sarah Wallace added that the 3 un-related people was for a single family residential zone and that there were areas appropriate to have a maximum 3 un-related people and areas where it would be appropriate to have more. She added that it depends on what the intent of the district is. Ken Eftink mentioned that we have created 8 new zoning districts that we have never seen before and that the purpose of this meeting was to talk about the big picture of zoning districts. He added that we do need to talk about roomers but that is a discussion we have not gotten to yet. Robin Cole spoke again and mentioned the idea of sustainability. He suggested that the new code could allow for more community development that would allow residents to walk from their home to get groceries or other necessities. Barbara Port of 3120 Independence asked about enforcement and how when someone makes a lease, how the 2 or 3 people may sign it. She also asked what can constitute a guest and if that means they can only stay for one night, months, or even a year. She added that living somewhere and staying somewhere are two completely different things. She wanted to know how we are going to enforce whatever is written and that � there is no use making rules that can not be enforced. Bob Towner, who is the Pastor of a church on North Fountain Street wanted to clarify � some of his concerns and said that most had to do with Jason Colter. He stated that , chopping up houses into apartments is where neighborhoods begin to deteriorate. Joan Jones, of 1514 Sylvan Lane who is part of a neighborhood connection said that the big problem is with landlords who don't care. She stated that she wants Cape Girardeau to be a healthy place to live. Quinn Strong of 2316 Bent Creek Drive in Jackson stated that he is a rental property owner and said that there is a problem when the maximum number of un-related people living in a home is three persons because that cuts into the profits of landlords who as a result, can not afford to refurbish homes and provide green building and sustainable housing anymore. He also added that the neighbors of housing that he has refurbished in the past are pleased with the homes and the increased property values. He also added that he has been thanked by realtors who are pleased with his work. He apologized for some of the noise that gets made but added that he feels the good that comes out of these homes outweighs the sleepless nights. Doug Atwood of 3015 Minute Men Way stated that he was the president of his neighborhood association. He said that he did not like how nice residential homes are being turned into rental property and ending up with trash everywhere which is due to lack of enforcement and landlords who are not responsible. He added that when you have 3 to 5 to 7 unrelated people in a house, that leads to problems and he questioned how there could be up to 7 cars in a driveway. David Hutson suggested that the zoning issues be split up so that someone doesn't sit � through someone else's meeting. Charles Haubold mentioned that this is the first time in 40 years that the City Zoning Code has been looked at with the intention of re-writing it and that we are learning everyday. He said that the Code is for everybody and not just select people. He also added that the rules are no good if they are not enforced. He stated that we are looking for good constructive criticism and he added that if someone had more to say, then they should send letters. Harry Rediger mentioned that the meeting was supposed to have an overview of the new categories yet there were no comments on that. Bill Hinckley added that was because of the news article. Sarah commented that the information is on the City website and suggested that we could have press releases to make announcements. 6. Staff Time. 7. Adjournment. Upon motion made by Charles Haubold and seconded by Trae Bertrand the meeting was adjourned unanimously. Respectfully submitted � R ond Buhs Secretary