Over heated protests of nearby landowners and concerned citizens, the Cape Girardeau City Council on Monday gave initial approval to rezone Forest Hills Estates from R-1 to R-2.
The difference means lots can be as small as 7,000 square feet instead of the 10,000 square feet required in an R-1 district. Average lot size in the proposed new development, located north of the Sprigg and Bertling intersection, is around 9,000 square feet.
That fact didn't placate neighbors who spoke at Monday night's public hearing on the rezoning request. One, local real estate agent Mary Kistner, suggested the Planning and Zoning Commission was swayed by Forest Hills developer Harold Holigan's promise to consider Cape Girardeau as a site for a new factory.
Planning and zoning commissioners voted last month to recommend the council approve the rezoning. Commission Chairman Harry Rediger reaffirmed the decision during the council's study session preceding its regular meeting, saying that Forest Hills is a "quality development from a quality company."
Adjoining landowner Dr. David Crowe joined Kistner in addressing the council, but his comments changed considerably from what he told the Planning and Zoning Commission last month.
At that time, he objected to the rezoning, stating it should stay the same as when Holigan bought the land. On Monday, his main concern was that sidewalks be included in subdivision plans.
The subdivision adjoins land owned by the Cape Girardeau School District, and district officials have hinted they would like to build there soon. Crowe said district buses don't pick up students who live within one mile of the schools they attend, so those in Forest Hills will have to walk.
Councilman Melvin Gateley proposed a law that would require that all new subdivisions developed within a mile of schools or school property have sidewalks. His motion, along with the rezoning request, received unanimous approval. The final vote will be at the Oct. 21 council meeting.
In other action, councilmen narrowly approved a law that would forbid placing political signs on city right of way.
Councilman Tom Neumeyer said he proposed the law in response to citizen complaints about political signs. The new law also states that signs can't be posted more than 90 days before or seven days after an election.
If police find a sign posted in violation of the law, they are to attempt to contact the candidate and give 24 hours notice that the sign will be removed. If the candidate or another responsible party doesn't claim the sign, it will be stored in a "safe location."
Councilman Richard Eggimann had the most vocal objections to the proposal. He said there would be too many manhours involved in enforcement. Homeowners seed, mow and generally maintain city right of way, he said, so they should be able to put signs on it.
Neumeyer's proposal received first-round approval on a vote of 4-to-3. The final vote is scheduled for Oct. 21. If it passes, it won't affect signs currently posted for the Nov. 5 general election.
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