Staff:
Agenda:
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Ryan Shrimplin, AICP - City Planner
1/23/2023 |
AGENDA REPORT
Cape Girardeau City Council
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23-017
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SUBJECT
Approve the Planning and Zoning Commission's recommendation to deny a request to rezone property located at 2530 Marsha Kay Drive from R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District).
EXECUTIVE SUMMARY
At its December 14, 2022 meeting, the Planning and Zoning Commission voted to recommend denial of a request to rezone property located at 2530 Marsha Kay Drive from R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District). As provided for in the Zoning Code (Chapter 30 of the City's Code of Ordinances), the City Council set a public hearing for January 23, 2023 to consider the rezoning request. After the public hearing, the Council may, by motion, approve the Planning and Zoning Commission's recommendation of denial. If the Council does not pass the motion, then an ordinance rezoning the property to NC will be prepared and placed on the following Council meeting agenda.
BACKGROUND/DISCUSSION
A rezoning application has been submitted for the property at 2530 Marsha Kay Drive. The applicant is requesting that the property be rezoned from R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District).
The immediately surrounding properties are zoned R-1 (Single-Family Suburban Residential District) on all sides. This area is characterized by single-family residential and commercial uses. The Cape Vision 2040 Comprehensive Plan’s Future Land Use Map shows the subject property as Institutional.
At its December 14, 2022 meeting, the Planning and Zoning Commission voted to recommend denial of the rezoning request. As provided for in the Zoning Code (Chapter 30 of the City's Code of Ordinances), the City Council set a public hearing for January 23, 2023 to consider the rezoning request. After the public hearing, the Council may, by motion, approve the Planning and Zoning Commission's recommendation of denial. If the Council does not pass the motion, then an ordinance rezoning the property to NC will be prepared and placed on the next Council meeting agenda.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
In considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property contains two church buildings with a parking lot. The church is moving to another location and intends to list the property for sale. The church would like to market the property for commercial use or mixed use. The NC district permits small, convenient retail/commercial services and offices. It also permits residential uses located above or behind nonresidential uses in a building. Given the existing buildings and parking lot, the property is suitable for many of the NC permitted uses. Additionally, the subject property is located near a major commercial corridor (North Kingshighway). For these reasons, the proposed rezoning is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties.
STAFF RECOMMENDATION
The staff report to the Planning and Zoning Commission recommended approval of the rezoning request.
BOARD OR COMMISSION RECOMMENDATION
The Planning and Zoning Commission, at its December 14, 2022 meeting, held a public hearing on the rezoning request. A motion was made to recommend approval of the rezoning request, which failed by a vote of 0 in favor, 6 in opposition, and 0 abstaining.
PUBLIC OUTREACH
The City Council's public hearing was advertised in the Southeast Missourian on January 7, 2023. In addition, a sign containing the date, time, location and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners.
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