HomeMy WebLinkAboutOrd.4815.02-15-16 BILL NO. 16-14 ORDINANCE NO. g I�
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF PROPERTY
LOCATED AT 2536 BOUTIN DRIVE, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM
R-1 TO M-1
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from R-1 , Single-Family Suburban Residential
District, to M-1 , Light Manufacturing/Industrial District ; and
WHEREAS, Public Notice of such change was given as
prescribed in Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri , and a public hearing was held on
Monday, February 1, 2016; and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 from R-1, Single-Family Suburban Residential District
t, to M-1, Light Manufacturing/Industrial District;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to change
the zoning from the present R-1, Single-Family Suburban
Residential District, to M-1 , Light Manufacturing/Industrial
District, for the following described property:
A tract of land, situated in the NW 4 of the NE 4 of
Section 23, Township 31 North, Range 13 East in Cape
Girardeau County, Missouri containing 3 . 104 acres
(more or less) , described as follows :
Commence, at the NW corner of said NW 4 NE 4; thence
East along the North line of said Section 23, 267 . 8
feet; thence South, 265 . 0 feet for the- point- of - _ - - - -- -
beginning; thence continue South, 665 . 0 feet to the
North R/W Line of Highway "W" ; thence northeasterly
along the arc of a 7-degree curve to the right and the
North Line of said Highway "W" , 209 . 3 feet; thence
North, 635 . 0 feet; thence West , 208 . 0 feet to the
1
point of beginning .
Article 2 . The City Council hereby finds and declares that
the property described in Article 1 hereof is at the present
time particularly suitable for the purposes and uses of an M-1,
Light Manufacturing/Industrial District, and that such changes
authorized hereby are reasonable and in reasonable conformity
with the existing uses and value of the immediately surrounding
properties .
Article 3 . This ordinance shall be in full force and
effect ten days after its passage a approval .
PASSED AND APPROVED THIS DAY OF FP i X16 .
r
Harry E. : ediger, Mayor
ATTEST :
/ 7JIkJa4KJvuce Tay fr, Deputy City Clerk
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Rezoning Request - 2536 Boutin Drive
Requested Rezoning:
from the R-1 (Single-family Suburban Residential) District to the
M-1 (Light Manufacturing/Industrial) District
Future Land Use Recommendation: Medium Density Residential
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10 125 250 500 Feet December 7, 2015 R1
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Rezoning Request - 2536 Boutin Drive
Requested Rezoning:
from the R-1 (Single-family Suburban Residential) District to the
M-1 (Light Manufacturing/Industrial) District
Future Land Use Recommendation: Medium Density Residential
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_W •lam{- GIRARDEAU
Institutional
S ,e\-(% Created by: Development Services Light Industrial
Carol Peters
10 125 250 500 Fee. December 7, 2015 / Medium Density Residential
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�`µ*�• REZONING/SPECIAL USE PERMIT APPLICATION
, ~ : 'i CITY of CAPE GIRARDEAU
\• �•� DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63703(573)339-6327
Property Address/Location
2536 Boutin Drive Cape Girardeau, Mo. 63701
Applicant(including Contact Nome) Property Owner of Record(if other than Applicant)
Humane Society of Southeast Missouri Humane Society of Southeast Missouri
Mailing Address City,State,Zip Mailing Address City,State,Zip
2536 Boutin Drive Cape Girardeau, Mo. 6370
Telephone Email Telephone Email
(573)979-0150 kpriester@alliancewater.com
Type of Request:Rezoning,Special Use Permit,or Both (Attach additional owners information if necessary)
Rezoning
Existing Zoning District Proposed Zoning District(Rezoning requests only)
R-1 M-1
Legal description of property to be rezoned and/or upon which the special use is to be conducted
Describe the proposed use of the property
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Application continues on next page
OFFICE USE ONLY
Date Received 1 (� By
(��--4) File Number /�
3 I/—
Planning&Zoning Commission Recommendation 1 Date
City Council Final Action Date
Revised 8/8/2012
Special Use Criteria(Special Use Permit requests only)
Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary.
1) The proposed special use will not substantially increase traffic hazards or congestion.
2) The proposed special use will not substantially increase fire hazards.
3) The proposed special use will not adversely affect the character of the neighborhood.
4) The proposed special use will not adversely affect the general welfare of the community.
5) The proposed special use will not overtax public utilities.
ADDITIONAL ITEMS In addition to this application,the following items must be submitted:
REQUIRED Application fee($126.00 payable to City of Cape Girardeau)
One(1)list of names and mailing addresses of adjoining property owners
ne(1)set of mailing envelopes,stamped and addressed to adjoining property owners
One(1)full size copy of the recorded plat or a recent survey of the property
One(1)full size site plan,drawn to an appropriate scale,depicting existing features to be
removed,existing features to remain,and all proposed features such as:buildings and
structures,paved areas,curbing,driveways,parking stalls,trash enclosures,fences,
retaining walls,electrical transformers,power generators, light poles,landscaping areas,and
freestanding signs(Planned Development rezonings and Special Use Permits only)
One(1)reduced size(8-1/2"x 11")copy of the plat/survey(and site plan,if applicable)
One(1)set of Planned Development documents(Planned Development rezonings only)
CERTIFICATIONS
I/we certify that I am/we are the Property Owner(s)of Record for the property described in this application. I/we understand and
acknowledge that in addition to a rezoning and/or Special Use Permit,certain licenses and permits may be required in order to
conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or
commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve(12)months
of the approval date or the permit will become void,unless an extension has been granted.
Owner Signature Date
Owner Signature Date
I certify that I am an Agent authorized by the Property Owner(s)of Record to file this application on their behalf.
Applicant Signature (if other than Owner) Date
Revised 8/8/2012
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GENERAL WARRANTY DEED
'!tile ladestein,sada on to. 7th day of September A. D. O.. Taousa.d xt.e xtaadred and
6 emen by sod between
!lt JAY A. KENIGSBERG and SANDRA S. KENIGSHERG, his wife
w Cape Cirardeau, Missouri pies a the Pint Part .ed
THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, a Missouri Not-for-Profit
Corporation
Route #2, Cape Girardeau, Mo, o[ u• Gulliver Cape Girardeau
In the Stat.of Missouri part y of the 8.cead Put:
Wtl.ewJ. That said put ies of the First part,is eoaeld.rati a of lb.elm of
One Dollar and other good and valuable considerations. .. oouLsis,
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to them paid by said part Y- of tie.cooed part, the receipt of .►ler I. hereby •ekaow
Nds.d, do by
Mesa present. Grant, Bargain and Sell. Cooney sed eoattra new lb.said pan Y of the 8eeood part,
its successors alaMFand Lasagna.the fellowlag described lots,Tract•or Parcel,of land lying, being and alie-
ns.in ta.county or Capri Girardeau Lad Stale or Yleeottrl lawn:
A tract of land situated in the NWf of the NES of Section 23,
Township 31 North, Range 13 East in Cape Gir&rdeau County, Missouri
containing 3.104 acres (more or less) , described as follows:
Commence at the NW corner of said well NES; thence East along the
North line of said Section 23, 267.8 feet; thence South, 265.0 feet for
the point of beginning; thence continue South, 665.0 feet to the North
R/W Line of Highway "W"; thence. northeasterly along the arc of a 7-degree
curve to the right and the North Line of said Highway "W", 209.3 feet;
thence North, 635.0 feet; thence West, 208.0 feet to the point of be-
ginning.
GRANTORS retain for themselves, their heirs and assigns, the right-
of ..se, __egress and egress for themselves, their heirs and assigns, and
their respective invitees and licensees over the existing road with its
centerline described as follows:
Bevin 15.0 feet East of the NW corner of the above described tract
anc go thence S. 19 deg. 30' E., 58.0 feet; thence S. 33 deg. 00' E.,
16C.0 feet; tnence S. 14 deg. 00' E., 65.0 feet; thence S. 2 deg. 30' E.
130.0 feet; thence S. 7 deg. 30' E., 100.0 feet; thence S. 17 deg. 30'
W. , 70.0 feet; thence S. 51 deg. 30' W., 115.0 feet; thence S. 12 deg.
30' W., 33.5 feet to the North R./W Line of said Highway "W" and there
terminating.
To have .ad to bold the premier aforesaid, will all and singular tbs rights,privileges.app.rtena.eee and Immesh
des thereto belonging, or to anywise appertaining ODIC the said pant of the Second Part,and unto its
heirs and assign.. FORCYCR. the said part 1e8of the First Part hereby eoremeatlag that they are tawf.GY
sHaed of an todeleasabt. Estate In Fee In the premises herein conveyed; that they ha ye good right to coney
lhf wine: that the said presl..a are tree sad clear of lacnmbrence done er guttered by them er tno"trader whom
tints tad (bat they will WARRANT AND DEFEND the title to lbs said promisee nate the said
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Bart Y of the 8.eobd Pan, and unto its/suneccessinrs and assigns FOR>avLi, against the !aerial dolma sant
demands of all wrens whomsoever.
la Meares Whams, lb.said parties; the First Part hape hereunto set their hand the day tad
year tint above written
Signed and delivered In the pretence of
Jay A. Kenigsbgg
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Sec. 30-322.-R-1, single-family suburban residential district.
(a) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a
maximum density of four(4) units per acre. It is designed to provide for quality single-family
residential neighborhoods in a conventional subdivision setting, while encouraging a mix of
housing styles, designs and development. Certain other structures and uses necessary to serve the
area are allowed as permitted uses or through the approval of a special use permit, subject to
restrictions intended to preserve and protect the single-family residential character of the district.
(b) Permitted uses.
(1) Single-family detached dwelling, with only one(1)dwelling per lot.
(2) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(3) Golf courses; this shall not include separate miniature golf courses, driving ranges and other
similar activities operated as a business.
(4) Public parks, playgrounds, and recreational facilities.
(5) Police and fire stations.
(6) Elementary and middle schools, or development centers for elementary and middle school
age children with handicaps or development disabilities, on a minimum of five(5)acres of
land.
(7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and
outdoor recreational facilities, offices of property owners associations and maintenance
facilities operated by a neighborhood or community organization or a property owners
association.
(8) Home for eight(8) or fewer unrelated mentally or physically handicapped persons, including
no more than two (2)additional persons acting as house parents or guardians who need not
be related to each other or to any of the handicapped persons residing in the home, provided
that:
a. The exterior appearance of the home and property shall reasonably conform to the
exterior appearance of other dwellings and property in the neighborhood; and
b. Such home shall not be located closer than three hundred seventy(370)feet to any other
such home.
(9) A private residence licensed by the Missouri Division of Family Services or Missouri
Department of Mental Health to provide foster care to one(1)or more, but less than seven
(7), children who are unrelated to either foster parent by blood, marriage or adoption,
provided that all applicable building and safety codes are met and an occupancy permit issued
therefor.
(c) Permitted uses(accessory).
(1) Private garages, carports and accessory buildings as permitted in section 30-403,
supplemental regulations.
(2) In home elderly care,with a maximum of three(3) persons as permitted in section 30-411,
supplemental regulations.
(3) Home occupations, as permitted in section 30-405, supplemental regulations.
(4) Home day cares, with no more than four(4) unrelated children in a twenty-four(24)hour
period as permitted in section 30-408, supplemental regulations.
(5) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(d) Special uses.
(1) Home day cares, with five(5) or more unrelated children in a twenty-four(24)hour period, as
permitted in section 30-408, supplemental regulations.
(2) Libraries, on a minimum of two (2)acres of land.
(3) Cemeteries, on a minimum of ten(10)acres of land.
(4) Wind energy conversion systems, as permitted in section 30-410 supplemental regulations.
(5) Public utilities, except for buildings and accessory structures that are normal and customary
in a zoning district which would allow other buildings of the same nature as a use-by-right.
(e) Height. area, bulk and setback regulations.
(1) Maximum Height:Two and one-half(21/2)stories not to exceed thirty-five(35)feet.
(2) Minimum Lot Area:Ten thousand (10,000) square feet.
(3) Maximum Density Four(4)units per one(1)acre. Higher densities may be approved with a
cluster subdivision, as permitted in chapter 25 of the City Code.
(4) Minimum Lot Width: Eighty(80)feet.
(5) Minimum Yard Requirements:
a. Front yard:Thirty(30)feet.
b. Rear yard:Twenty-five(25)feet.
c. Side yard:Six (6)feet.
(f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of
trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand
(24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances.
(Ord.No. 4109,art.Z 3-1-10;Ord. No.4149,art 4,8-16-10;Ord. No.4206, art 7, 3-7-11)
Sec. 30-335.- M-1, light manufacturing/industrial district.
(a) Purpose. This district is intended primarily for uses engaged in light manufacturing, assembly, fabrication,
warehousing,wholesaling and retail trade, and service operations which conduct all activities within a
building with no external impact or effect. This district is intended to serve as a transition between more
intense industrial development and commercial, office, or multifamily residential development.
(b) Permitted uses.
(1) Light manufacturing facilities.
(2) Any establishment which provides supplies or services primarily to commercial and industrial
customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or
printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating,
plumbing and binding establishments.
(3) Health and fitness centers.
(4) Cemeteries.
(5) Commercial day cares.
(6) Funeral homes and mortuaries.
(7) Government buildings and uses, including police and fire stations.
(8) Heavy machinery and equipment sales, rental and service.
(9) Offices, administrative, business, finance and professional.
(10) Public and private parks, playgrounds, and golf courses, including miniature golf courses and driving
ranges.
(11) Public service and public utility uses as follows:
a. Wireless facilities.
b. Water reservoirs, water standpipes, and elevated and ground-level water storage tanks.
(12) Industrial schools and business schools.
(13) Miniwarehouse or self-storage units.
(14) Residential treatment facilities.
(15) Television and radio studios including any transmitting facilities.
(16) Veterinary clinics, animal hospitals, and kennels.
(17) Warehouses, storage and distribution centers.
(18) Vehicle fueling stations, including service, repair, body and fender repair, and paint shops.
(19) Recycling centers.
(20) Marina or dock.
(21) Transitional housing.
(22) Restaurants and bars.
(23) Retail, including vehicle sales.
(c) Permitted uses(accessory).
(1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is
essential to the operation of a permitted or special use.
(2) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-
403, supplemental regulations.
(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(d) Special uses.
(1) Emergency shelters,transitional service shelters for fifty(50)or fewer residents.
(2) Single-wide or double-wide, manufactured home or manufactured business unit for office purposes
only.
(3) Telecommunication tower, as permitted in section 30-404, supplemental regulations.
(4) Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental
regulations.
(5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(6) Billboards, as permitted in section 25-401
(7) Public utilities, except for buildings and accessory structures that are normal and customary in a
zoning district which would allow other buildings of the same nature as a use-by-right.
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and
approved.
(2) All storage shall be within a fully enclosed building or in an open yard so screened that the materials,
products or equipment are not visible from the street or adjoining property.Any outdoor storage
shall be at least one hundred (100)feet from any residential zoning district or use.
(3) No building shall be used for residential purposes, except for a night watchman or a caretaker
employed on the premises.
(4) Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and
electrical equipment, and dumpsters shall be located in the rear or side yard of the building.
(5) Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall
meet the requirements of chapter 25 of the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Forty(40)feet excluding silos, smoke stacks, and dust collection systems.
(2) Minimum Lot Area: None.
(3) Minimum Lot Width: None.
(4) Minimum Yard Requirements:
a. Front yard:Twenty-five(25)feet.
b. Rear yard:Twenty-five(25)feet.
c. Side yard: None, except on a lot abutting a residential district there shall be a side yard of not less
than ten (10)feet on the side of the lot abutting the residential district.
(5) Maximum Building Coverage: None.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including
required yard and bufferyards.
(2) Landscaping shall be provided as required in chapter 25 of the City Code.
(3) A twenty-foot wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2,
R-3, R-4, R-5, RUMD and RMH zoning districts.This bufferyard shall comply with the requirements of
chapter 25 of the City Code.
(h) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the
requirements for specific uses set forth in section 25-202
(Ord. No.4109, art. 2, 3-1-10; Ord. No. 4149, art.4, 8-16-10; Ord. No.4206, arts. 8, 23, 24, 3-7-11)