PLANNING & ZONING MINUTES
MINUTES OF FEBRUARY 8, 2006
PRESENT:
Randy Hagerty, Chairman
Bill Cundiff, Vice Chairman
Glen Novinger, Jr.
John Witt
Danny McDowell
Dean West
Paul Frazier, Code Administrator
ABSENT:
Ralph Cupelli, Councilmember
Doug Kollar
Zel Eaton
CALL TO ORDER
Chairman Hagerty called the special 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 special session minutes of January 18, 2006. Chairman Hagerty suggested that the word “successful” be changed to “unsuccessful” on page two, second paragraph, line 17. With no further changes, Chairman Hagerty declared the minutes approved as corrected.
NEW BUSINESS
Public Hearing for rezoning request of 707 North Centennial Street, from R-3 Multi Family to CP1 Local Business Planned. Chairman Hagerty opened the public hearing at 7:02 p.m.
Mr. Frazier reported the proponents planned to operate the facility with multiple uses including child daycare, adult daycare and offices occupying the first floor; retail use would be added on the second floor. Development plans become a formal record in a planned zoning concept, therefore, if zoning were allowed, the development plans must be followed. The proponent submitted site and floor plans from their architect, Michael Kettelkamp. The site plan shows the existing building with 25 new parking spaces with some on North Centennial Street. The City Engineer conducted an on-site review of the proposed parking on North Centennial Street where people would be backing out onto the street and did not find any traffic safety issues. Mr. Frazier stated that if the zoning request were granted, the zoning map and zoning code would need to be amended so the change would be permanent with the plan. The surrounding areas to the north and east are zoned M-1 Light Industrial; areas to the west and south are zoned R-3. Mr. Frazier reported there were several inquiries regarding the zoning change and most people were comfortable with the change. Under the CP1 Local Business Plan there are several different uses, but they are bound to the plan they have submitted. The proponent could have a small restaurant or cafeteria, but is limited to no floor shows or liquor. They could also use the gymnasium for small assemblies, family reunions, or small plays. Mr. Frazier further reported that staff was in favor of the proposed change. The building had been brought up to code after inspection by the fire department and codes department in 1996. Since then it had been re-inspected while it was a private school. Mr. Frazier stated that the proponents were aware of the cost involved to renovate the building. He also said that if the building was left unoccupied, to deteriorate, and the city had to condemn it, the city would have to pay for the demolition.
Chairman Hagerty asked if the proposed parking would be adequate for other proposed uses mentioned. Mr. Frazier responded that depending on the use, more parking may be needed if assemblies or such activities occurred on a regular base. Chairman Hagerty asked that if a new configuration of the parking were needed, would the proponent need to come before the Commission and City Council to redo the site plan? Mr. Frazier replied they would not because it would not be a major deviation of the use or zone.
PROPONENT
Taira Byrn, 1207 Gadwell, Kirksville, MO, stated that she is requesting the zoning change. Her father, Jerry McMain, is a partner in this development. She wishes to preserve a historical landmark and understands there will be costs involved in upgrading windows and renovating the building. Ms. Byrn explained they would provide senior daycare, child care, a possible after-school program and small retail/office space.
With no further discussion, Chairman Hagerty closed the public hearing at 7:18 p.m. Mr. West made a motion to approve the change in zoning from R-3 Multi Family to CP1 Local Business Planned. Mr. Novinger seconded the motion. The motion passed with the following vote: Hagerty, aye; Novinger, aye; Witt, aye; McDowell, aye; West, aye; Cundiff, aye. Absent: Eaton, Kollar, Cupelli.
Update on Adult Business Zoning Ordinance
Mr. Frazier reported that the City Council passed a revised version of the ordinance restricting adult businesses to locating in the Northwest area of the city in the M-1, M-2 zone. During the special session of the Planning & Zoning Commission on January 18, 2006, Karl Hildebrand raised questions concerning licensing regulations. City Attorney Howard Hickman was in attendance at that meeting and researched Mr. Hildebrand’s concerns. As a result of his research, City Attorney Hickman presented City Manager Macomber with a report that did raise issue in regard to the Senate bill dealing with adult businesses/retail licensing; indicating there could be issues/challenges if the city’s ordinance addressed adult businesses and did not separate retail from entertainment. A second ordinance was drafted that eliminated the terms in regard to retail businesses; specifically news stands, bookstores, etc. However, the entertainment aspect was still addressed in the ordinance regarding theatres, video and adult theatres, live entertainment, body painting and bathhouses. These businesses would be restricted to the Northwest corner of Kirksville should they choose to locate here.
COMMISSION INPUT
None
ADJOURNMENT
With no further input, Chairman Hagerty adjourned the meeting at 7:24 p.m.
Teresa Dorris
Recording Secretary