PLANNING & ZONING COMMISSION
MINUTES OF JANUARY 11, 2006
PRESENT:
Randy Hagerty, Chairman
Bill Cundiff, Vice Chairman
Zel Eaton
Glen Novinger, Jr.
Doug Kollar
Danny McDowell
John Witt
Paul Frazier, Code Administrator
ABSENT:
Ralph Cupelli, Councilmember
Dean West
CALL TO ORDER
Chairman Hagerty called the meeting of the Planning & Zoning Commission, in the City Council Chambers, to order at 7:00 p.m.
APPROVAL OF AGENDA
Chairman Hagerty asked for changes to the agenda. With no changes, Chairman Hagerty declared the agenda adopted.
APPROVAL OF MINUTES
Chairman Hagerty asked for changes to the regular session minutes of September 14, 2005. With no changes, Chairman Hagerty declared the minutes approved as distributed.
NEW BUSINESS
Public Hearing for the revision of the Zoning Ordinance Relating to Regulations of Adult Businesses. Chairman Hagerty opened the hearing at 7:02 p.m.
Mr. Frazier stated the request is for revision or amendment to the current zoning law. He also stated the City Council has expressed concern with the possibility of adult entertainment businesses locating in the downtown area. It has been suggested that city staff review the current ordinance and determine if it is adequate to regulate and restrict such businesses. He stated the City Council, Administration and staff recognizes the constitutional right of adult entertainment businesses, but also realized they could be detrimental to residential neighborhoods, churches and schools. Mr. Frazier acknowledged the current ordinance regarding public nudity was adopted in 1995, but could not be used to regulate such businesses. A model ordinance adopted by the City of Cape Girardeau, Missouri has been referred to in establishing a new adult entertainment ordinance for the city of Kirksville. The City Attorney, Howard Hickman has been consulted in regard to this ordinance, and answered questions from city staff, such as regulation issues, and the constitutional rights of such businesses and owners. After reviewing the zoning map, the zoning location that the staff is proposing is the M-2 Industrial zoning location. This zoning location is around the Industrial Park in the northwest part of the city, close to the factories. According to the City Attorney this area does allow enough land area exposure for adult businesses. City staff is recommending the zoning law be changed to allow such businesses to locate in the M-2 Industrial zoning area. The city currently operates under a pyramid zoning law, if adult businesses are placed in the M-2 zoning classification, they would not be allowed to locate in any other zoning area within the city. Mr. Frazier stated questions have arisen concerning current businesses that allow adult magazine sales. According to the proposed ordinance these businesses will be regulated either by percentage of sales or floor space, which should not create a problem for this type of retail trade. Current businesses that are located in zoning areas other than the proposed M-2 Industrial area, if this ordinance passes, will be allowed to remain under nonconforming status, and be allowed to exist as long as the business remains in good standing with a current business license. If the business ceases to be in the nonconforming status then it will not be allowed to remain in the current zoning district. Mr. Frazier stated this zoning process will be two-fold, the zoning law will cover the location of the business, and a stand alone ordinance will be a separate law, and will be contained in the city’s code of ordinances. The definitions for the adult business ordinance will be place in the M-2 zoning classification, if this classification is acceptable. A draft of the ordinance will be sent to the commission as soon as completed.
Chairman Hagerty asked for questions or comments.
Mr. Witt expressed that he thought the staff had done a good job putting this all together, as he realized it is a sensitive matter. Mr. Frazier noted that he had not heard any negative comments concerning this ordinance.
Mr. Kollar asked for clarification on the existing adult business downtown; could the business transfer to another location?
Mr. Frazier stated the business would only be allowed to remain in its current location, but ownership could change without hindering the business.
Mr. Zel Eaton stated in the M-2 zoning location there are homes south of Highway 6, and the funeral home, could the zoning be cut off at Highway 6, and not be allowed to migrate south.
Mr. Frazier stated there would be a 200 foot buffer around any residential zone. He further stated the City Attorney cautioned on reducing the zoning area where adult businesses could locate, and most of the M-2 zone is currently in the Industrial Park area.
Chairman Hagerty questioned, that given the way the city’s zoning law is structured adult businesses could be located near other types of businesses and residences?
Mr. Frazier stated an adult business could be located by another type of business or residence, only if that business or residence is located in the proposed M-2 zone. He also stated that it was up to the commission to make the zoning recommendation.
Chairman Hagerty stated that one option might be to move the zoning location away from the businesses and people living south of Highway 6. The commission should establish an area in addition to the M-2 Industrial zone, west of Industrial Road and north of Highway 6, this might prohibit any adult businesses from any existing business or residence in the proposed area.
Chairman Hagerty asked for any further questions or comments.
Vice Chairman Cundiff voiced concerns with some of the definitions as written.
Mr. Frazier stated that he had met with the City Attorney several times and he thought the ordinance was valid and constitutional, including the definitions.
Chairman Hagerty stated the ordinance was not included in the commission packet.
Mr. Frazier stated the definition section will be added to the zoning classification. He also stated the commission may want to continue the public hearing at a later date to allow the staff time to prepare more information for the commission.
Chairman Hagerty stated the commission always has the option to continue a public hearing and taking action at a later date. He stated the commission members have concerns with the zoning area, and the commission would like to see something in writing in regard to the ordinance and what the commission will be voting on.
Mr. Zel Eaton made a motion to continue the public hearing to next Wednesday, January 18, 2006; Mr. John Witt seconded the motion. The motion passed with the following vote: Novinger, aye; McDowell, aye; Eaton, aye; Kollar, aye; Cundiff, aye; Hagerty, aye; Witt, aye. Absent: West, Cupelli.
With the consent of the commission the public hearing will be continued to Wednesday, January 18, 2006 at 7:00 p.m.
COMMISSION INPUT
Mr. Frazier stated Mari Macomber asked the commission to review the 2004 Comprehensive Plan. City staff has met with department heads and reviewed were they are with the plan. A Chapter 9 of completed projects has been added. Staff would like to bring the plan back to the Planning and Zoning Commission for their review and input. If time allows, Mr. Frazier stated he would like to discuss the plan after the public hearing on Wednesday, January 18, 2006.
ADJOURNMENT
There being no further business, Chairman Hagerty declared the meeting adjourned at 7:29 p.m.
Brenda Williams
Recording Secretary