Landlords warn against too-strict zoning in Cape

The first public discussion of Cape Girardeau's proposed overhaul of residential zoning codes brought landlords concerned with the value of their investments and community members calling for better enforcement of existing codes to city hall.

For most of an hour, members of the Cape Girardeau Planning and Zoning Commission took comments on the residential zoning draft, which community planner Sarah Wallace said was the first time in 40 years the codes have been systematically updated.

Despite notifying more than 60 construction and development companies and several community groups, the discussion Wednesday night focused on the use of rental property and the number of people who can share individual housing units. Few developers took part, while several people who have significant investments in rental property spoke to the commission.

One of the first to speak during the session was Dave Soto, owner of Soto Property Management, who told the commissioners he markets Cape Girardeau rental properties as good buys to out-of-state investors. Soto warned the commission that being too restrictive hurts both his business and renters.

"Renters are people too, people who are less fortunate and can't afford their own homes, and they should not be treated as second-class citizens," Soto said. "And I want to be able to tell my investors that Cape Girardeau is a friendly place."

Wednesday night's discussion marked the beginning of several months of work on the zoning code that will include more chances for public participation. Commission chairman Bill Hinckley characterized it as a "one-way conversation" in which the commission would listen, but not necessarily respond, to comments.

Cape Girardeau currently has four residential zoning districts, running from the most restrictive area, R-1, to the least restrictive, R-4. R-1 and R-2 areas have single-family homes and that remains the same. R-3 zoning is for denser single-family homes and duplexes, while R-4 accommodates apartment buildings.

Those zones would remain under the proposal. The draft creates agricultural zoning, residential estate zoning for houses on five-acre and larger lots, and two new overlay districts, one for the area near Southeast Missouri State University and another for high-density apartment districts.

Under current rules, a landlord may rent a single-family home to up to five unrelated people. A housing unit in an R-4 area may be rented to up to seven unrelated people. The codes accommodate those numbers by defining a family as a married couple with children, two people living together with their dependents or three unrelated people. The code also allows roomers, defined as people who live in a dwelling but are not part of the family unit.

In the proposed new zoning code, all mention of roomers is eliminated.

Robin Cole, who represented Habitat for Humanity, warned against making the definition of a family too narrow. Modern living conditions need modern responses, he said. "How can anyone have enough wisdom to write a law that says what is and is not a family?"

Objections to the current rules on the number of people sharing a dwelling have their roots in complaints about noise, trash and parking around homes rented to large numbers of students. Chris Hutson, 1014 N. Henderson Ave., said his family lives near student housing and that he, as a landlord, never rents to more than three people. The students aren't usually a nuisance, he said, except during major events such as homecoming or parties. "My neighbors haven't caused a lot of problems except there are a lot of them."

Jason Coalter, who has invested in more than 100 houses, said he rehabilitates condemned homes and makes them attractive. The key to controlling the nuisance factor at rental properties, he said, is enforcement of noise and nuisance ordinances, not restrictions on numbers.

In a comment at the end of the meeting, commission member Charlie Haubold Jr. echoed that concern. "All the rules in the world are no good without enforcement," he said. "The city needs another code enforcement inspector."

rkeller@semissourian.com

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