Lazy Gators Rezoning Gets Thumbs-Up From P&Z

CAMDEN COUNTY, Mo. — Lazy Gators ownership cleared a hurdle last night in a long-sought rezoning for the waterfront bar, but the issue proved to be a contentious one even in the minutes before it was put to a vote.

In a seven-to-three vote the Camden County Planning and Zoning Commission approved recommending to the Camden County Commission the latest request by Gary Prewitt and Glacier Park Investments to rezone the Lazy Gators 1.3-acre parcel from R-1 (Low Density Residential) to B-2 (General Commercial), with staff recommendations.

The Camden County Planning & Zoning Commission ponders the Lazy Gators rezoning case on April 15, 2015. In a seven-to-three vote the commission approved recommending to the Camden County Commission the latest request by Gary Prewitt and Glacier Park Investments to rezone the Lazy Gators 1.3-acre parcel from R-1 (Low Density Residential) to B-2 (General Commercial), with staff recommendations.
photo by Janet Dabbs

At their Wednesday, April 15 commission meeting, P&Z Commissioners also approved recommending Prewitt’s request for a Conditional Use Permit (CUP) to allow an outdoor entertainment venue, including a stage and outdoor music, at the Lazy Gators Complex, located on Sweet William Road.

The CUP approval is subject to the county commission’s approval of the rezoning of the parcel.

The case has received much opposition from residents and homeowners’ associations near the Lazy Gators complex who say their standard of living and property values will be greatly reduced due to the “nuisances” caused by the operation.

Case History

On August 15, 2007 the P&Z Commission recommended denial of Prewitt’s request to rezone this 1.3 acre parcel from R-1 to B-3 (High Impact Commercial). The Camden County Commission, then led by Kris Franken, subsequently denied the rezoning request at their September 20, 2007 commission meeting. The Camden County Circuit Court then requested a new hearing be held on the case.

On June 18, 2008 the P&Z Commission recommended denial of Prewitt’s ensuing request to rezone this 1.3 acre property from R-1 to B-2. The County Commission heard the case anew in an August 21, 2008 hearing. The decision was again made to deny the rezoning request.

Since early 2011, Gators ownership and Camden County have been embroiled in a legal battle over the property, in which the county has acknowledged spending in excess of $300,000 for attorney fees.

Conditions For Approval

At the Wednesday, April 15 P&Z Commission meeting, Camden County P&Z Commissioner Jerry Carroll carefully went over all the conditions for the approval of the recommendation. “If this rezoning is approved, the following conditional use permit conditions will apply,” Carroll said.

Applicant will submit a more detailed drawing of the proposed stage area and sound abatement elements to be incorporated into the site with the building permit application.
Applicant agrees to obtain a building permit and construct the sound abatement retaining wall with fence, shrubs and trees on the eastern side of the property prior to the 2016 opening season of the complex.
A variance for lakefront setback subject to Ameren approval and floodplain limitations.
A variance to use the previously approved satellite parking area that is more than 400 feet from the subject property.
A decision on allowable hours of operation of the outdoor dancing and entertainment limited from noon to 11 p.m. on weekdays, noon to midnight on Friday through Sunday, and noon to 1 p.m. on holiday weekends.
Applicant will provide sound buffers and directional baffles on the existing sound equipment shown on the rezoning plan prior to the use of outdoor entertainment.
Applicant will provide the P&Z Administrator with a copy of the signed contract between the applicant and sound abatement contractor within 10 days of re-zoning approval. Said sound abatement work on the existing sound equipment at the Lazy Gator’s complex will be completed within 45 days of rezoning approval.

Controversy And Debate

St. Louis Attorney Mark Dunn, who owns property near the complex and has spoken on behalf of some local homeowners, interrupted the P&Z commission meeting multiple times during the meeting citing a procedural point of order. Dunn commented he wanted to confirm that all P&Z members received a letter from Attorney Michael Berry. Carroll confirmed that they had.

Referring to the letter, Dunn stated that the March 18 P&Z commission hearing on the case should not have happened, due to a filed application, citing the approval would bring “imminent peril to life or property.” Dunn added that the application stays all action on the case, including the P&Z hearing. Dunn further requested that no vote be taken by the P&Z commission on the Prewitt case, and all action be stayed, until the application is heard by the Camden County Board of Adjustment (BOA) and a decision be made by the BOA.

Camden County Attorney Ryan Harding responded, saying that it was his opinion that there was in fact legal authority to proceed with the hearing. “It is my understanding the decision he [Dunn] refers to is the decision of Camden County Planning Administrator Kim Willey to set the zoning application for a hearing… In my opinion, this is not the type of decision that can be appealed to a BOA. The letter he refers to cites article 500, and states that an appeal stays all action by the planning administrator when they are seeking enforcement or compliance. It is my opinion there is no action here by Willey, other than the decision to set the case before the P&Z commission.”

Planning & Zoning Administrator Kim Willey and Attorney Ryan Harding — Camden County Planning and Zoning Administrator Kim Willey and attorney Ryan Harding listen to deliberations about the rezoning of Lazy Gators on April 15, 2015.
photo by Janet Dabbs

At one point in the meeting, Willey commented to the P&Z commission that the staff report she prepared on the case was in no way a recommendation for or against the rezoning or the CUP.

Harding added that a case can move from the BOA to the Circuit Court, to the Court of Appeals, to the Missouri Supreme Court, and then sometimes to the US Supreme Court. “If every case where someone sought a rezoning took that track before this body had the authority to hear the rezoning application, the rezoning would take years, if not decades. My advice is there is authority for this body to go forward,” Harding counseled.

Dunn again stood up and declared, “Point of order.” Another man, James Jeffries, also stood and declared, “He [Dunn] is not following your rules of procedures. This is not a public hearing. I’d like to ask you enforce your regulations.”

However, the commission allowed Dunn to make a rebuttal to Harding’s comments.

“The appeal has 16 reasons why this case should not go forward, including a 2014 judgment restraining the business from going forward,” Dunn reiterated.

Moving on, speaking to the applicant, Andy Prewitt, Carroll stated that since he (Prewitt) has proposed that there could be as many as 1,500 people in the facility on holiday weekends, the P&Z commission would like to see the operation close by 11:30 p.m. to allow one hour for the facility to clear. Prewitt stated he would have to confer with the venue ownership.

Dunn interrupted again, stating this was also a BOA decision.

“This is the third time he has interrupted this meeting,” Jeffries protested again.

“You do not have jurisdiction under the code to issue a variance on the code for hours of operation or satellite parking lot. This is a BOA issue,” Dunn said.

Harding countered that the P&Z commission was not making that decision. “You can’t vote on this until you have a parking variance from the BOA,” Dunn added.

But Carroll replied, “We are not voting on the parking.”

In the end, the P&Z commission approved recommending the rezoning to the Camden County Commission.

This case will now go to the Camden County Commission for a decision at the 10 a.m. Thursday, May 21 commission meeting to be held on the third floor of the Camden County Courthouse.

Gary Prewitt filed a suit against Dunn last month. Dunn has been outspoken against the operation and the potential rezoning of Lazy Gators. Prewitt is seeking $300,000 in damages for libel and slander.