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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 10-08-2008 � ' ' . Planning and Zoning Commission City of Cape Girardeau 4011ndependence !t"/.�ei��llae�r•�i�ei•!�u•i�.��a!/.�o��.arrrr)la�,� C2pe GIP3fd@2U, MO. 63703 � � 573-334-8326 MEETING MINUTES October 8, 2008 Present: Charles O. Haubold, Jr., William T. Hinckley, Ralph C. Maxton, Trae Bertrand, Raymond G. Buhs, K. Scott McClanahan, Skip Smallwood, Scott Rhodes Absent: Harry Rediger Staff Present: Ken Eftink, Sarah Wallace, Martha Brown Call to Order. Chairman Haubold called the meeting to order at 7:00 p.m. Skip Smallwood made a motion to amend the agenda to withdraw the requests of Edward and � Abbie Crites-Leoni, Thomas J. and Kelly Pujol and Elizabeth Wilhelm to rezone property at the northwest corner of Bertling and Old Sprigg Street, per the applicant's request. The motion was seconded by Trae Bertrand and approved unanimously. Approval of Minutes. The minutes of the September 10, 2008, regular meeting were approved upon a motion by Scott McClanahan, seconded by Trae Bertrand by a vote of 8 in favor, 0 in opposition, and 0 abstaining. Appearances on items not on the agenda. There were two appearances for items that were not on the agenda. Mr. Gerald L. Jones, 1514 Sylvan Lane, informed the Commission of an organization known as the Neighborhood Connection, which operates under the umbrella of Old Town Cape. The organization was formed to promote community pride in the downtown area. Under this group, with the help of the Police Department, a Neighborhood Watch program has been established. Mr. Jones reported that one of the major concerns of the organization was the decay of housing in the downtown area and the lack of enforcement of occupancy standards. He noted that there were many houses that were overcrowded, which has led to physical decline of the housing stock in the downtown area. Mr. Jones asked that the City consider setting a standard for occupancy, including limiting the number of persons allowed to occupy a house and certification and inspection of houses between occupancy. Mr. Jones also invited the Commission members to attend the 4th annual fall festival which is scheduled for Saturday, October 17th from 11 a.m. to 2 p.m. at May Greene Park. He also left written comments for consideration. The Rev. Bob Towner also spoke to the Commission regarding the same issues. He urged the City to try to prevent overcrowding in houses and noted that the � Comprehensive Plan should be used as a guide in addressing these issues. In response to a question from the Commission, Rev. Towner responded that there is a problem in the downtown area with more than one family residing in houses. Rev. Towner also left written comments for � the Commission's consideration. Chairman Haubold asked the staff to address proposed changes in staff review and procedures regarding rezoning and special use permit applications(Agenda Item 14). Martha Brown reported that the staff is proposing to conduct a more thorough staff review of applications and make staff recommendations on applications. She noted that staff would be working more closely with applicants to resolve any issues prior to applications being brought to the Commission for action. Ms. Brown said more information would be provided to the Commission to help in their decision making process. In order to complete a more thorough staff review, staff is recommending that the submission date for rezoning and special use permit applications be changed to three weeks prior to the Commission meetings, which is the same submission date as subdivision plats. The earlier submission date would give staff more time to meet with the applicant, resolve issues and provide the Commission with a staff recommendation. The Planning Commission members concurred with staff to change the submission date for rezoning and special use permit applications. Hearinqs on Rezoninq and Special Use Permit Applications 1. A request of Mayson Investments, LLC for a Special Use Permit to allow a building with a 4th floor and a height of 53'8" in a C-2 District at the southwest corner of Bloomfield Road and Mt. Auburn Road on Lot A of Cape West Crossings, Phase 1. Ms. Brown indicated that the staff was in support of the application. Mr. Jerry Campbell, Central Design, spoke for the applicant and showed the Commission elevations of the proposed building, which is an 89-room extended stay hotel. � 2. A request of RiverWest Partners, LC for the rezoning of the Walden Park development from the R-1 and R-4 District to the PD (Planned Development) District. Sarah Wallace briefed the Commission on the PD district process and reported that staff was recommending approval of the application. Brent Pfeiffer, Koehler Engineering, spoke in behalf of the applicant. He reviewed the plans for the development to the Commission. Curt Poore, RiverWest Partners, also spoke in behalf of the application. Skip Smallwood asked the applicants for their opinion of the process of applying for a PD district. Mr. Pfeiffer and Mr. Poore both replied that they thought it was a good process because it required planning for the entire development up front. They also noted that it was more time consuming than an application for other zoning districts. Mr. Poore noted that they have been meeting with staff on a regular basis during the development process and have had a good working relationship with staff. 3. A request of Edward Leoni and Abbie Crites-Leoni to rezone property located at 1733 Old Sprigg Street, north of Bertling Street, from the R-1 (Single Family Residential) district to the R-4 (Multi-family Residential) District, and to request a Special Use Permit for a community unit plan to construct 12 three-story apartment buildings in conjunction with the requests of Edward Leoni, Abbie Crites-Leoni and Elizabeth Wilhelm. This request was withdrawn prior to the public hearing. 4. A request of Thomas J. and Kelly Pujol to rezone property located at the eastern terminus of Mahy Road, north of Bertling Street, from the R-1 (Single Family Residential) District to the R-4 (Multi-family Residential) District, and to request a Special Use Permit � for a community unit plan to construct 12 three-story apartment buildings in conjunction with the requests of Edward Leoni, Abbie Crites-Leoni and Eliaabeth Wilhelm. This request was withdrawn prior to the public hearing. � 5. A request of Elizabeth Wilhelm to rezone property located north of Bertling Street, west � of Old Sprigg Street, from the R-1 (Single Family Residential) District to the R-4 (Multi- family Residential) District, and to request a Special Use Permit for a community unit plan to construct 12 three-story apartment buildings in conjunction with the requests of Edward Leoni, Abbie Crites-Leoni, Thomas Pujol and Kelly Pujol. This request was withdrawn prior to the public hearing. Votinq on the Rezoninq and Special Use Permit Applications 6. A request of Mayson Investments, LLC for a Special Use Permit to allow a building with a 4th floor and a height of 53'8" in a C-2 District at the southwest corner of Bloomfield Road and Mt. Auburn Road on Lot A of Cape West Crossings Subdivision Phase I. Skip Smallwood made a motion to recommend approval of the request, which was seconded by Scott Rhodes was approved unanimously. 7. A request of RiverWest Partners, LC for the rezoning of the Walden Park development from the R-1 and R-4 District to the PD (Planned Development) District. Skip Smallwood made a motion to recommend approval of the rezoning, which was seconded by Bill Hinckley The motion was approved unanimously. 8. A request of Edward Leoni and Abbie Crites-Leoni to rezone property located at 1733 Old Sprigg Street, north of Bertling Street, from the R-1 (Single Family Residential) district to the R-4 (Multi-family Residential) District, and to request a Special Use Permit for a community unit plan to construct 12 three-story apartment buildings in conjunction � with the requests of Edward Leoni, Abbie Crites-Leoni and Elizabeth Wilhelm. This request was withdrawn prior to the public hearing. 9. A request of Thomas J. and Kelly Pujol to rezone property located at the eastern terminus of Mahy Road, north of Bertling Street, from the R-1 (Single Family Residential) District to the R-4 (Multi-family Residential) District, and to request a Special Use Permit for a community unit plan to construct 12 three-story apartment buildings in conjunction with the requests of Edward Leoni, Abbie Crites-Leoni and Eliaabeth Wilhelm. This request was withdrawn prior to the public hearing. 10. A request of Elizabeth Wilhelm to rezone property located north of Bertling Street, west of Old Sprigg Street, from the R-1 (Single Family Residential) District to the R-4 (Multi- family Residential) District, and to request a Special Use Permit for a community unit plan to construct 12 three-story apartment buildings in conjunction with the requests of Edward Leoni, Abbie Crites-Leoni, Thomas Pujol and Kelly Pujol. This request was withdrawn prior to the public hearing. Subdivision Plats 11. Re-Subdivision of Lots#2 and #3 of the New River Development, Record Plat. Staff noted that there were minor corrections that were needed to the plat and that staff was recommending approval pending those corrections. Skip Smallwood made a motion to recommend conditional approval of the record plat, which was seconded by Trae Bertrand. The motion was approved unanimously. � 12. LeGrand's Second Subdivision, Record Plat. Bill Hinckley declared that he was abstaining from action on this item. Ms. Brown explained that the applicant was requesting to subdivide two lots into three lots and construct two dwellings that would not � have street frontage, but only have access from a 12-foot wide access and utility � easement. She noted that the applicant indicated that one of the interior lots was a lot of record, which would allow the construction of a house by right. Ms. Brown reported that staff had reviewed the subdivision plat and had major concerns regarding access to the two proposed interior houses and was, therefore, recommending that the plat not be approved. Steve LeGrand appeared before the Commission and explained that he could build one of the houses on one interior lot since he had a 10-foot wide easement to the lot. He explained that this would be an inferior access to the lot and that he was requesting the subdivision in order to provide better access to that lot. A motion was made by Skip Smallwood to recommend approval of the record plat, which was seconded by Scott Rhodes. Ray Buhs voted in favor of the motion, Bill Hinckley abstained from voting on the motion and all other members present voted against the motion, thereby recommending disapproval of the record plat. 13. Staff update regarding manufacturing zoning district along Kingshighway. Ken Eftink, Development Services Director, recommended that the Commission not take any action on the issue of manufacturing zoning districts along Kingshighway at this time. He said that it would be more prudent to wait until the zoning ordinance and subdivision regulations were updated prior to examining this area and making any zoning changes. The Commission concurred with the staff recommendation. 14. This item was discussed earlier in the meeting. 15. Staff Time. Ken Eftink also informed the Commission that the City Council was holding � a special study session on Monday, October 13, 2008 at 5:30 p.m. in the Council , _ chambers. He invited the Commissioners to attend, noting that representatives of Southeast Missouri State University would be at the meeting to discuss the University's future plans. Skip Smallwood asked staff to report on the progress of the downtown planning process being undertaken through the DREAM initiative. Ms. Wallace reported that Old Town Cape had received drafts of the proposed plan that PGAV was preparing for the downtown area and was planning on holding a public meeting in the near future to discuss the progress of the plan. Mr. Smallwood and other Commission members suggested that Old Town Cape report to the Commission on the progress of the plan, since it was vital in the work that the Commission was undertaking regarding revisions to the development codes of the City. 16. Skip Smallwood made a motion to adjourn which was seconded by Scott Rhodes and approved unanimously. Respectfully submitted, ,� �z,�� C, ����y�� Ralph C. Maxton Secretary �