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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 07-09-2008 R � � � JUIy 16, 2��g �O M � � cy Honorable Mayor and Council �� � Of the City of Cape Girardeau, Missouri H � � � Dear Mayor and Council Members: b � � The Planning and Zoning Commission met Wednesday, July 9, 2008. O � The minutes of the June 1 l, 2008, regular meeting were approved by a vote of � � 9 in favor, 0 in opposition,and 0 abstaining. � By majority vote, actual vote counted and in the file, we act and/or � ,� recommend as follows: � � •� � 1. Rezoning requests for three adjacent properties were presented as one � project. The requests were as follows: � � � o� The request of Edward Leoni and Abbie Crites-Leoni to rezone Vproperty located at 1733 Old Sprigg Street Road, from R-1, � � Single-Family Residential District to R-4, Multi-Family � � Residential District; � � The request of Thomas J. and Kelley Pujol to rezone property � � located at the eastern terminus of Mahy Valley Road from R-1, Single-Family Residential District to R-4,Multi-Family � � � Residential District; and, � �H � The request of Elizabeth Wilhelm to rezone property located �1 north of Bertling Street,west of Old Sprigg Street Road, from R- � 1, Single-Family Residential District to R-4, Multi-Family �V Residential District. � The applicants are requesting the rezoning in preparation for selling the property to a developer who may wish to construct a multi-family project. Edward Leoni, one of the applicants,presented the project and Elizabeth Wilhelm, another applicant, provided additional comments. The applicants had no development plans other than a building elevation from another project the interested developer is building in Kentucky. Approximately 25 people appeared in opposition to the proposed rezoning. They expressed concerns regarding an increase in traffic and noise. The Planning and Zoning Commission voted to recommend disapproval of the three rezoning requests. The vote on the motion to approve was 0 in favor, 9 in opposition, and 0 abstaining. � y�, 2. That the record plat for Villas at Cape Rock 3 be recommended for � approval. This is a one-lot subdivision of property located at the � southeast corner of Cape Rock Drive and Lombardo Drive. The vote on the motion to approve was 8 in favor, 0 in opposition, and 1 � abstaining. � U � v � N O � 3. That the request of the City of Cape Girardeau to rezone downtown �� �j, properties within the M-1 district from M-1, Light Industrial District � � c`� to G3, Central Business District, be recommended for approval. Ken �� � Eftink, Development Services Director, presented the project. He �1 �h_, explained that the downtown areas currently zoned M-1 contained � � mostly residential and commercial uses with very few manufacturing � uses. In addition,the recently adopted Comprehensive Plan � � recommends"downtown commercial"uses for most of this area,with O � some high density residential uses. Therefore,rezoning to C-3 was � � considered to be appropriate. Several citizens appeared regarding the O proposed rezoning. Truman Lemons currently operates a business at � � 224 South Spanish Street and appeared in opposition. Dick Concord, � Concord Publishing House,explained that Concord Publishing House � � has an existing plant at 500 William Street and also owns the '�1 '� adjoining property. He was concerned that the company would not be � � able to expand in the future if the area was rezoned. Martha Brown, O � Planner with Planning Services, explained that printing and No� publishing were allowed uses in the C-3 district. Lester Sample, 212 VSouth Spanish Street, operates an existing auto salvage and steel � .� recycling business on property currently zoned M-1 and appeared � � before the Commission to ask questions about the rezoning proposal. Chairman Haubold explained that rezoning from M-1 to C-3 would � pk°q keep new manufacturing businesses out of the downtown area while � � allowing a great deal of commercial uses. Ken Eftink explained that � � existing manufacturing uses would be grandfathered, as long as the use did not change. Jean Hampton, 323 Good Hope Street, expressed � 'N concern regarding the businesses that could come into the area. Ken � Eftink explained that C-3 uses were already allowed in the M-1 �1 district and that this rezoning would only limit new manufacturing � uses. Robin Walker, 133 South Lorimer Street, recently purchased a �� house downtown for historical purposes and wanted assurances that � this action would keep the integrity of downtown. Chairman Haubold explained that Old Town Cape was in favor of the proposed rezoning and that this was the first step toward preserving the integrity of downtown. Ken Eftink elaborated by explaining that the City was also looking at perhaps adding new zones just for downtown. Leona Twigg,208 South Middle Street,appeared and stated that when she received her letter, she thought she would have to move. Chairman Haubold explained that the proposal was only to change the zoning and he was not aware of anything that might be coming into the area. Tom Sample, 211 Aquamsi Street,appeared and asked when the council would be voting on the rezoning request. Martha Brown stated that the request would go before City Council on August 4, 2008. Fred Barnard,224,315, and 318 South Lorimer Street, � appeared to verify that his existing uses would be grandfathered. � Martha Brown explained that his properties were not being rezoned. � The vote on the motion to forward to City Council the rezoning of � property located within the downtown area from M-1, Light Industrial � District to C-3, Central Business District,was 9 in favor, 0 in �, opposition,and 0 abstaining. � o v � N O � Commissioner Scott Rhodes requested that the minutes reflect that the •�y �+ Commission had discussed the existing uses at 211 Aquamsi Street � � M` and 212 South Spanish Street and that those uses would be �� � grandfathered if the properties were rezoned to C-3, in case the H h property owners applied for a Special Use Permit in the future. � � � � 4. A public hearing was held regarding the proposed amendment to � Section 30 of the Code of Ordinances to remove all references to O � "roomers"from the zoning ordinance. Seven people appeared in � � opposition to the proposed amendment. Kenny Seabaugh, 360 � Tonopah, stated that there is a shortage of housing. He asked how � �i things would be handled if he rented a four bedroom house right now � ., to four unrelated renters and this amendment was approved � afterwards. Commissioner Trae Bertrand explained that the current �� '� lease would be honored, but the new lease would be subject to the � new regulations. Mr. Seabaugh asked why the amendment was being Q � proposed. Chairman Haubold explained that the City had been N � receiving complaints about traffic and parking. Mr. Seabaugh asked Vhow several unrelated people that have several cars was different � .. from a large family that has several cars. He went on to state that he � � received 22 calls regarding the last place he had for rent and most of k those calls were from college students. Ken Eftink stated that staff � q°q would need to look at requiring a Special Use Permit for larger homes ` _ � and would need to look at them on a case-by-case basis. V'q � Commissioner Bill Hinckley expressed concern that staff was going �!� from no roomers to roomers as an exception. Commissioner Scott � � Rhodes mentioned looking at the issue by district or area. He mentioned that by taking roomers out of the code, it could affect � college housing. Martha Brown stated that the university had no R1 official position. However,taking away off-campus housing would !V affect on-campus housing. Jason Coalter, 112 South Broadview, � explained that he buys properties in south Cape, often condemned, fixes them up, and rents them. He stated that he feels like the City is taking responsibility away from the landlords and that the City was babysitting them. He asked if a property owner had a large house with plenty of parking,why not rent to several renters? He felt that enforcement of the amended code would be a nightmare. Robb Bartlett, 2418 Masters, expressed concern regarding loss of income if the City limits the number of people. He stated that three students can not afford to rent a five bedroom house because it would be too expensive. He stated that if cars are the problem,then the City needs to address the cars,not the renters. Commissioner Trae Bertrand stated that this issue has been before the Commission three months now and the Commission has yet to hear from anyone with a problem � with the code as it is currently written. Chairman Haubold directed o�, staff to meet with the investment properiy owners and come back to � the Commission next month. � a� C� � `� ,� v � N .� � Several commissioners stated that they found both special hearings to M be very useful and would like to have more of them. � � � .� n H ``, Respectfully submitted, � � ' . � o �L E;:�c n��.��. � � � O Ral h C. Maxton � p � b Secretary O � � � Present: Charles O. Haubold,Jr., William T. Hinckley, Ralph C. �� '� Maxton, Trae Bertrand, Raymond G. Buhs, K. Scott � McClanahan, Harry Rediger, Scott Rhodes, Glenn W. OSmallwood,Jr. N °� V Staff Present: Ken Eftink, Martha Brown, Sarah Wallace, Donna Clark � �^ Absent: None � o � Qq � O _ '� � � � � � � � � � � C� o� � U � U