P&Z RECOMMENDS REZONING ON NORTH KINGSHIGHWAY

In a compromise among several landowners on and near North Kingshighway, Cape Girardeau planning commissioners voted Wednesday to recommend rezoning nine acres of residential property while requiring a 40-foot green space.

Lucile Sadler and Ellen Mantia requested at a March Planning and Zoning Commission meeting that their property be rezoned from single-family residential to general commercial. The acreage is at the northern intersection of Boulder Crest Drive and North Kingshighway, near South County Park.

Commissioners tabled the issue at the March meeting, recommending either a multi-family residential buffer zone or a generous green space. Nancy Browne, Sadler and Mantia's attorney, returned to Wednesday's public hearing to argue against both options.

Landowners along nearby Hunters Lane, which runs behind the 9 acres, attended the hearing to oppose any rezoning. Bo Shantz, Dennis Haertling and Julie Albertson spoke.

Browne said the property was used commercially prior to being annexed into the city limits -- a KFVS-TV tower and control building were there. Concerning the buffer zone, Browne cited examples along Kingshighway of commercial businesses divided from residential homes by only a tall fence.

"The property goes back to Hunters Lane, and that makes a natural barrier," she said.

City Planner Kent Bratton mentioned an ordinance requiring fences around commercial enterprises adjoining residential property.

Hunters Lane property owners said they didn't think a fence was enough. Shantz said he would prefer the land stay residential but requested at least a 40- or 50-foot green space around the property line.

R.J. McKinney, commission chairman, reminded Shantz that people take chances when they buy property next to vacant lots.

"I know," Shantz said. "But this is my only shot. If I don't speak out now and get the best thing done for the residents, there won't be another chance."

Another landowner, Haertling, discussed possibilities for the land if it were rezoned.

"I would hate to see a supermarket sitting there and have to look into the back of it," he said. "I don't want to see 25 air conditioning units back there."

Commissioners voted 7-1 to recommend the land be rezoned to C-2, general commercial, with a 40-foot green space around the sides adjoining residential property. The City Council, which has the final say, will consider the issue May 6.

In other business, the commission considered a new ordinance to bring Cape's zoning code into compliance with state law.

An old law stated that when 10 percent of landowners within 185 feet of a piece of property objected to its rezoning, a two-thirds majority of the City Council must vote in favor of the rezoning. The new law states that 30 percent of landowners must object for a two-thirds majority to be required.

In cases where fewer object, a simple majority of the council may rezone property.