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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 06-12-2024CITY of CAPE GIRARDEAU PLANNING &. ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES June 12, 2024 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Trae Bertrand, Scott Blank, Kevin Greaser, Robbie Guard, Derek Jackson, Gerry Jones, Sommer McCauley-Perdue Commission Members Absent: Chris Martin, Nick Martin -----Staf~P--Fesent--Carnl-P-eteFS,T-Fev0r-P-ulle-y,RyaA-ShFim13l~R-------------------~ Call to Order Chairman Blank called the meeting to order at 7:00 p.m. He welcomed Mr. Guard to the Commission. Mr. Guard gave a brief introduction and stated that he was pleased to have the opportunity to stay involved in the community by serving on the Planning & Zoning Commission. Approval of Minutes The minutes of the May 8, 2024 meeting were unanimously approved upon a motion made by Mr. Jackson and seconded by Mr. Greaser. REZONINGS. SPECIAL USE PERMITS. AND EXCEPTIONS 1. A public hearing was held on the request of Maurice and Meleen Gross to rezone property located , at 2530 Marsha Kay Drive from R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District). Ms. Meleen Gross presented the request. She explained that she has been operating a daycare for infants in her home at 1615 Lexington Avenue for eight years. She would like to expand her services and be able to care for children up to age five. She has been searching for a building for over three years. The property at 2530 Marsha Kay Drive is just right for her needs. The Missouri Department of Elementary and Secondary Education has already inspected the property and pre-approved it for a commercial daycare, subject to several stipulations. One of the stipulations is that she must receive local zoning approval. Upon rezoning, she would purchase the property and enroll up to 64 children in the daycare. Mr. Greaser asked Ms. Gross how she planned to handle the traffic flow and what the hours of operation would be. Ms. Gross stated that the daycare would be open from 6:45 a.m. to 5:30 p.m. with children being dropped off between 6:45 a.m. and 9:00 a.m. and picked up between 3:00 p.m. and 5:30 p.m. She stated that she did not foresee any traffic issues due to the existing parking lot on the property. Mr. Greaser asked how many employees there would be on the largest shift and where they would park. Ms. Gross stated that the employees would park in the designated parking spaces at the southeast corner of the property in front of the existing church building. That would leave the larger parking area to the west available for parents. She stated that there would be nine employees on the largest shift. Six of the employees would care for the infants while the other three would care for the older children. Chairman Blank opened the public hearing. City of Cape Gi_rardeau Planning & Zoning Commission Meeting Minutes June 12, 2024 Page 2 of 4 Ms. Stacy Dohogne Lane, 2415 Perryville Road, shared her concerns with the shortage of daycare facilities in Cape Girardeau. She stated that difficulty finding childcare is the number one reason people don't work outside of the home. She noted that Ms. Gross is currently operating a successful daycare in a residential neighborhood, and there have been no traffic or parking issues. She stated that if the rezoning request is not approved for a daycare, then the property could end up being used for something that would create problems for the surrounding neighborhood. Ms. Terra Edwards, 51 n Timon Way, shared her struggles with finding a daycare for her children. She stated that she was put on several wait lists but was blessed to cross paths with Ms. Gross and her staff. She found the drop-offs and pick-ups to be easy. She asked the Commission to recommend approval of the request so that Ms. Gross could expand her services to care for children up to the age of five. Zack Strong, Pastor of Christ Church of the Heartland, 720 Bertling Street, stated that the applicants are members of his church, who exude Godly character and service, and who run their business the same way. He stated that he felt this is an excellent location. He urged the Commission to recommend approval of the request. Mr. Greaser asked Ms. Gross where on the property the outdoor play area would be located. Ms. Gross described three potential locations: one on the east side of the existing church building, one behind the building, and one on the west side of the parking lot. She stated that the Missouri Department of Elementary and Secondary Education measured the latter location and determined it to be suitable for the play area. Mr. Tom Hamilton, 2450 Fairview Drive, asked if the request is for rezoning the property or for a special use permit. Chairman Blank stated that the request is to rezone the property frdm R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District). Mr. Hamilton noted that because the request is for a rezoning and not a special use permit, the property would not be limited to use as a daycare if it were to be rezoned. It could be used for any of the permitted uses in the NC district. Mr. Jones, noting that Mr. Hamilton was not an adjacent property owner, asked Mr. Hamilton why he was opposed to the request. Mr. Hamilton stated that he had concerns regarding what could happen if the daycare closed or moved to another location in the future. He also expressed concern that rezoning the property to a commercial district could lead to similar rezoning requests for other properties in the neighborhood. Ms. Martha Hamilton, 2450 Fairview Drive, stated that she was not opposed to a daycare, but she was opposed to some of the other permitted uses in the NC district, such as a, bar. She noted that the concerns she and_ her husband have with this request are the same concerns they had with the previous request last year. She stated that she understood the need for more daycares in the city, but she had a problem with rezoning the property to NC. She suggested that the City staff find another way to allow daycares like this without rezoning to a commercial district. Mr. Shrimplin stated that the R-4 (Medium Density Multifamily Residential) district permits commercial daycares by right. He read aloud the R-4 list of permitted principal uses. He noted that the only commercial use permitted by right in the R-4 district is a commercial daycare. Mr. Leon Book, 2460 Fairview Drive, stated that from his property he could see the area where the outdoor play area would most likely be located. He stated that he is not opposed to a daycare but does not want the possibility of other types of businesses operating on the property. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2024 Page 3 of 4 Mr. Bertrand asked Mr. Shrimplin if the R-4 option had been discussed with the applicant. Mr. Shrimplin stated that he discussed both R-4 and NC with Ms. Gross and her realtor in a pre- application meeting. Given the concerns raised by the neighbors at the public hearing for the previous request in late 2022, it did not seem that they would be any less opposed to R-4 than NC. Ms. Gross made the decision to request NC. At that time, it was not known that some of the neighbors were not opposed to a commercial daycare and were only concerned with the other NC permitted uses. Mr. Shrimplin informed the Commission that it had four options: 1) Recommend approval of the request to rezone the property to NC; 2) Recommend rezoning the property to R-4 instead of NC; 3) Recommend denial of the request to rezone the property to NC without recommending another _ district; or 4) Table the maUer. ____ ____ _ _ _ _ _ ____ __ _ _ _ __ _ _ _ _ _ __ _ __ _ ___ _ __ -----~M~r-. -=B_e_rt-ra_n_d_s_t-at_e_d_t~h_a_t ~if-r-ez_o_n-in-g-to-R--4-w_o_u_ld_a_l_lo-w--th_e_a_p_p~li-c-an_t_t_o_h_a_v_e_h_e_r_d_a_y_ca_r_e_, ~th_e_n--it ___ -------- made sense to him to recommend it. Mr. Greaser asked Ms. Gross if tabling the matter would hinder her ability to purchase the property. Ms. Gross stated that the project represents a huge investment, and she plans to operate the daycare for the next 20 years or more. She stated that she is not opposed to R-4 if that is what it will take to proceed with her plans. She indicated that she did not want to table the matter. Mr. Bertrand noted that the application also mentioned a church as a potential use in addition to the daycare. Mr. Shrimplin stated that churches and other places of religious worship are permitted by right in all zoning districts, pursuant to case law. Mr. Guard explained that the City Council had approved rezoning other properties in residential areas to NC, so this request is not unprecedented. He mentioned 401 South West End Boulevard as an example. Mr. Greaser noted that the Planning & Zoning Commission would only making a recommendation. The request would go on to the City Council next month. There would be ample time for those opposed to the NC district to review the R-4 district regulations prior to the Council meeting. Mr. Leslie Lindy, 2528 Marsha Kay Drive, stated that he lived next door to the church property and that his family had owned 2528 Marsha Kay Drive for 7 4 years. He explained that he had been having issues with stormwater coming from the church property. He expressed concern that installing a playground next to his home would push more stormwater on to his property. He also expressed concern that a daycare would make the traffic on Marsha Kay Drive, a narrow street, even worse. Seeing no other appearances to speak, Chairman Blank closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request to NC (Neighborhood Commercial District). A motion was made by Mr. Greaser and seconded by Ms. McCauley-Perdue to recommend rezoning the property to R-4 (Medium Density Multifamily Residential District) instead of NC. Mr. Guard stated that he received a correspondence from Dr. Jim Fox, owner of 2533 Marsha Kay Drive, which expressed support of the request. Ms. Hamilton asked the Commission to table the matter to allow time for the neighbors to review the R-4 regulations. Mr. Greaser explained that it is not unusual for the Commission to make a City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2024 Page 4 of 4 different recommendation on a rezoning request based on information presented at the public hearing. He reiterated that the Commission only makes a recommendation and that the City Council would hold its own public hearing next month. Mr. Bertrand stated that the R-4 district is a less intensive district than the NC district. Mr. Jay Crosnoe, owner of 2535 Marsha Kay Drive, noted that this same request was denied last year. He stated that the NC district is too broad in terms of the uses allowed and that the additional traffic generated by dropping off and picking up 60 children would create congestion. Chairman Blank called for a vote. The motion passed with a roll call vote of 7 in favor, O in opposition, and O abstaining (Aye: Bertrand, Blank, Greaser, Guard, Jackson, Jones, McCauley- Perdue). OTHER ITEMS AND COMMUNICATION Commission Communication None of the Commission members had any communication items. Staff Communication Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on May 20, 2024: • 728 Good Hope Street Rezoning -2nd & 3rd Readings • latham's First Subdivision Record Plat -2nd & 3rd Readings • Seyer Enterprises Subdivision Record Plat -2nd & 3rd Readings Mr. Pulley gave an update on the Transportation Trust Fund 7 (TTF7) Committee. He stated that Mayor Kinder is in the process of finalizing the roster, after which the kickoff meeting will be scheduled. The meeting will most likely be in late July. Mr. Guard thanked the City staff for the continued progress on the current TTF projects. Chairman Blank thanked Mr. Shrimplin for offering the R-4 district as an alternative to the NC district. Mr. Pulley stated that, should the City Council rezone the property to allow the daycare, the project will be required to comply with City codes to ensure there is no adverse impact with regard to stormwater runoff, parking, etc. · Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 8:00 p.m. upon a motion made by Mr. Bertrand and seconded by Mr. Jackson. Res~ectfully submitted, <2 Scott Blank, Chairman