NewsAugust 13, 2009

The effort to rewrite the entire Cape Girardeau zoning code will include a series of public meetings, likely in October, community planner Sarah Wallace said Wednesday.

The effort to rewrite the entire Cape Girardeau zoning code will include a series of public meetings, likely in October, community planner Sarah Wallace said Wednesday.

In a brief report to the city Planning and Zoning Commission, Wallace said the latest draft of the new rules is complete and under review by city attorney Eric Cunningham. Once that review is complete, she said, city officials will meet with major landholders and schedule the public meetings to fine-tune the proposals.

The move to rewrite the zoning rules was launched following the completion of a city comprehensive plan last year. The goal is to modernize the code, which has not undergone a complete overhaul in 40 years.

In an interview earlier Wednesday, Wallace said one of the most controversial aspects of the new code has not been changed -- eliminating a provision that allows up to five unrelated people to share a single-family home in some areas and up to seven in more densely developed residential areas. Under the current code, a family unit -- defined as a married couple, three unrelated people sharing a dwelling or two unrelated people with children -- may have up to two "roomers" living in single-family homes and four in some other dwellings.

Those rules raised objections from some landlords, who complained the rules would make them less likely to make substantial investments to rehabilitate substandard property.

Those fears, Wallace said, should be alleviated by other new aspects of the proposed zoning code. Those new provisions will create overlay districts allowing more than three people to share a home or apartment, she said.

One of the goals, Wallace said, is to preserve the atmosphere of neighborhoods. "You have zoning for a reason," she said. "If you live in a single-family area, you expect that atmosphere to remain."

The commission also approved, on a 6-0 vote with two members abstaining, an application to designate the area along West End Boulevard north of Broadway as a local historic district. The area, which contains 124 properties, includes property along Highland Drive, Hillcrest Drive, Rockwood Drive, Normal Avenue and Park Avenue.

The commission rejected the Boulevard Historic District designation in February, sending it back to the residents pushing the idea because of extensive changes from the original proposal that had won support in a petition. The latest plan had the support of 69 of the 124 property owners.

"This has really been an adventure to get this district," said Charles DiStefano, 360 N. Park Ave. "We are using this as an insurance policy for keeping our neighborhood."

One property owner who opposed the district, Lynn McClain, 1208 Hillcrest Drive, said the restrictions on altering a property infringed on individual rights.

The historic district designation must also be approved by the Cape Girardeau City Council.

rkeller@semissourian.com

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388-3642

Pertinent Address:

401 Independence St., Cape Girardeau, Mo.

Planning & Zoning Commission Agenda

Public Hearing

* Held a public hearing on the request of Cape Properties, LLC and D-7 Holdings, LLC to zone Lot 1, part of Lot 2, and the right of way for Kingston Ave., and Chardonnay Lane to the C-2 (General Commercial) District.

Discussion and voting on applications

* Recommended City Council approve a request of Cape Properties, LLC and D-7 Holdings, LLC to zone Lot 1, part of Lot 2, and the right of way for Kingston Ave., and Chardonnay Lane to the C-2 (General Commercial) District.

Public meeting for local historic district

* Recommended City Council approve a proposed Boulevard Historic District and H overlay zoning.

Subdivision plats

* Recommended City Council approve Cape West Crossings Phase II, Record Plat.

* Recommended City Council approve Jeff Jackson Subdivision, Record Plat.

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