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HomeMy WebLinkAboutOrd.4903.10-17-16 BILL NO. 16-176 ORDINANCE NO. / q0-3 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 423 NORTH BROADVIEW STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M-2 TO C-2 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from M-2, Heavy Manufacturing/Industrial District, to C-2, Highway Commercial 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, October 3, 2016, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from M-2, Heavy Manufacturing/Industrial District, to C-2, Highway Commercial 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 M-2, Heavy Manufacturing/Industrial District, to C-2, Highway Commercial District, for the following described property : ALL OF LOT 1 OF TRIPLE-B SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 16 AT PAGE 64, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI . 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 the C-2, Highway Commercial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties . 1 Article 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS /7-di- DAY OF (04ir , 2016 . � \ _-G4` r � :� vac ' vim/ ' �. ar:FAE. Rediger, Mayor ATTEST: $�` -n wi / 2,A1 0: #THE UNION VII Bruce Taylo Deput 2 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1343 LOCATION: 423 North Broadview St. STAFF REVIEW& COMMENTS: Happy Tails Doggy Daycare&Boarding is requesting to rezone property at 423 North Broadview Street from the M-2(HeavyManufacturingllndustrial district to the C-2 ) (Highway Commercial)district. SEE STAFF REPORT FOR FURTHER INFORMATION • ?/2-716 City Planner Date Ci ' o /00S ;I:1 74, /1 ev Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City Man er Date Planning & Zoning Commission Public Hearing Sign Posting Date: 9 -(r '1(c Public Hearing Date: 07/13/16 • RECOMMENDED ACTION: Far Oppose Abstain Favpr Oppose Abstain Trae Bertrand L'j ❑ ❑ Scott McClanahan ( ❑ ❑ Larry Dowdy Er, ❑ ❑ Bruce Skinner 01 ❑ ❑ Jeff Glenn Q ❑ ❑ Doug Spooler a ❑ ❑ j Tom Welch ❑ ❑ Patrick Koetting LI 0 ❑ VOTE COUNT: 3 Favor Oppose Abstain COMMENTS: • CITIZENS COMMENTING AT MEETING: c37(93-11--- Doug Spooler Planning& Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: 10 Ordinance I"Reading Ordinance 2"d&3rd Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: Rezoning Request - 423 North Broadview Street Requested Rezoning: R-1 from the M-2 (Heavy Manufacturing/Industrial) District - 505 • to the C-2 (Highway Commercial) District Future Land Use Recommendation: Mixed Use 501 505 m ` • • N 11 Z. 1 • ca CO IIM i C-2' • {C-2 07 407 • 407 I [M-21 321 • 321 M-2 M-1 • 5 • 353 • 319 • INS 317 • al3 IC-2` 35 M-1 Io • 334 m 1111111///// Legend MO 423 N Broadview St. Parceis fp' `, CITYO/CAPE Zoning District « �\ -. E s FsGIRARDEAU C2 J M1 S 245 Created by: Development Services �, M2 ' / Carol Peters 50 100 200 Feel' July 26, 2016 i R1 Rezoning Request - 423 North Broadview Street Requested Rezoning: from the M-2 (Heavy Manufacturing/Industrial) District •505 to the C-2 (Highway Commercial) District Future Land Use Recommendation: Mixed Use 501 X505 m '' • f 0511 ?II 501 I V 0 1. • iii ' 407 • 407 ill‘ •407 • 407 • :23 ! 321 • 321 • 319 • MIIIIM amt/- ay 3340 • CO � Legend .ao& r / 0-tr4 CITY Of CAPE � c.•r40 GIR AR DEAU Q 423 N Broadview S' vi-no, ` Parcels S 245 / Created by: Development Services FLU Recommendation_ 0 50 100 200 Feet Carol Peters Mixed Use July 26, 2016 1 r i I r i 1 1 - ' J - DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63703(573)339-6327 Property Address ocatio 1/073 N raaavjev& A plicant(incng Name().33,7Contact NamPr erty Owner of Record(if other than Applicant) f r 1010 1 /Il i/ler franc. �i dD.S Mailing A dress City,State,Zip Mailing Address [cry,State,Zip 3M&cdvitvJ 6102_&irardtau,MO ?335 1YJac lhc1k. 4}h1.cuiSf MO '311(P Telephone Email Telephone Email 673-OHS& hoygoc f•.a i(.5 0att�. nct— 314-353-7'Sa1 r11 A Type of Request:Rezoning,Special Use Permit,or Both (Attach additional owners information if necessary) ReZoninq Existing Zoning District Proposed Zoning District(Rezoning requests only) Legal description of property to be rezoned and/or upon which the special use is to be conducted o {acJh ed #I Describe the proposed use of the property IdcLL-J-foh 473 1X6i54"i n q chuLfOil h9 iHty f y 1 alis Dolj y Oa.i(are. iro to Application continues on next page OFFICE USE ONLY I- ln M IS /}�uC/4T7CAf- Date Received .1/rll 6/11 By 1 File Number 1343 Planning&Zoning Commission Recommendation Date City Council Final Action Date Revised 8/8/2012 I I rl vvmC CrmcvI.0•11v tSIC p1 ur/uJCV JpCIIVI VJC IIICCO WC LIItCIIu ovvrr. II LLVLII uvmuvI ml JIICC{J I)ucw.Jw y. 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. S)- The proposed special use will not overtax public utilities. ti r rid c 4c-v) >Fo �µrflFlba50v.. e�$T 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 One(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) 1.7 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. idQnC 2:"1 • `P2tMat) 07-x5—c 01 (p Applicant Signature (if other than Owner) Date Revised 8/8/2012 i 3105 Vail Phone 573-587-3920 Cape Girardeau,MO 63701 E-mail et49@msn.com Thompson Construction Ed Thompson Thompson Construction & Consulting, LLC The proposed addition to the existing Happy Tails Doggy Day Care should not increase traffic, increase fire hazards, affect the existing character of the neighborhood or adversely affect the general welfare of the community because there is not going to be any activity that does not already exist at that location. This facility boards, trains, grooms and has daily care of canines and felines. This facility has been in this location for twelve years. The addition will just make the the current activities more efficient and more accommodating for the animals. I do not see where the addition will have any affect on the current neighborhood or community. The only utility that will be effected is the power requirements. The designers have been in contact with Ameren Electric and that issue has been worked out to the satisfaction of both parties. • • i C - r • b - i © I I • � t0 • - ` a. x Results: 1 of 1=— --— ' ---- -- -=-_—.43 rrr(ally Clear Actions -- - ------------ --------- _ ty Parcel Building Legal External Links - Ali x .55 Legall:LOT1 —_ _____ - a• Legal2:TRIPLE B SUBD :ITE ST LOUIS Lot Dim:66.00 X 200.00 I Section:036 - - Twp:031 Range:013 Acres:0.46 I Library:Cape Library Business: ;..,... ..........____._.] Fire: City:Cape w/City Lib School:Cape Girardeau X63 Road:Road Bridge 31 I L.______ ___ • i Options,Export,Hover Setup •t • ���. ` Yid 3 ,r,,,...„, omti Lr�.iTt1\i_ 3rlsN�.._-- .M�r� ft. -r� ...: L....... h.........1........-_.----....4._._L. a,.... ..VI.. n..._ ./1 ` .'-=--,--r . --^`- .`.~�. ', •: ,' . -3111111' '! ..- ;3 - -_. - - , ~ ~^ ^ •-`. '. � ' - '^ ' / ' w / ; m- f •. x_ � , ' _~ ` tNf �. ~ •� 1P` � ^* ' -- - - .._� - _ - .� - � Results: zm1- ^ -~ -- --- --'----~~~--- - r. Z,r: Parcel Building Legal External Links _ City - '- - ' tn� Parcel ID:159200008012000000 , - -_ "="� � = DEVELOPMENT . MailAddress: wn m^xmsnE | | Property Address:423 BROADVIEW N CAP Property Name:HAPPY TAILS DOGGY DAY CARE&BOARDING i | / X ---- ` � '__ __-__-- ,,______________JI ==� i Options, Hover Setup �_-___--__ __.-__-____-_--'_-'_ _-'__ ___ --___-- - - _. , `' ^u . �� .�^ � ��� � P���-��� °�p ��! / . ' - ' \ ' � ��`` ' �`�' / ' � . �' � '� ' ' . ._ -Atift t 11 1 i -21 1 1 .37A °' ' 070. r 7/ ' 0) i 8 1 , . 130 ; !.. • . r -- —--- - -- ;I 14,ni-Propert, 1,...,:. ' • 130 Parcel Building Legal External Links ,• Parcel ID:159200008011000000 2 Owner:OFF THE RESERVATION LLC Mail Address:429 N BROADVIEW Property Address:429 BROADVIEW N CAPE GIRARDEAU Property Name:MCDONALD'S OFFICE/RENTAL HALL i ; 527 j r 1 7 _ _ _ _ _ _ _ _ _ _ _ _ t..... , _ _ _ _ _ I C BROADVIEW 1ST ADDITION .1".:-.3 - - _ PB12 PG6 r - -win - 11 2 1 .37A o, • ' p) 130 10; cz ----!---- i •30 � Parcel Building Legal External Links Parcel ID:159200008022000000 2 Owner.BRAGG BILLY JOE&CAROL ANN Mall Address:2231 W CAPE ROCK DR - i Property Address:439 OPTIMIST DR CAPE _ t Property Name:BRAGG AUTO REPAIR 527 f --- 1 1 I 1 7c o BROADVIEW 1ST ADDITION tXG46 / _ _ _ 1 ......i i.....,...4.....—..............r....1....`.....1...:...— ....6.1:.. n...... ..s _ __ . _ _ . _______ _____- --- , . --Am 2Y / - 11 1 .37A o, c,,t0.,,L________ __,ED 30 - 1 130 Parcel Building Legal External Unks 2 Parcel ID:159200008013000000 Owner:CANYON CONSTRUCTION&DEVELOPMENT LLC Mail Address:832 S KINGSHIGHWAY Property Address:321 OPTIMIST DR CAPE Property Name:ARMOR MINI STORAGE / 527 4` /C 3 -W -- , BROADVIEW 1ST ADDITION ` '-- - - - - - - _ PB12 PG46 _ Vi—' a 1 - _ _ - r — I r „_ .,___, --Aft 1 - 1 - 11 1 1 21 �, 1 .37A o, oz1 it a� 0),T 30 10; 130 Parcel Building Legal External Links 2 Parcel ID:159200009005000000 Owner:RHODES MANAGEMENT GROUPE LC Mail Address:2301 BLOOMFIELD Property Address:355 KINGSHIGHWAY N CAPE GIRARDEAU Property Name:BATH&KITCHEN IDEA CENTER 527 1 r I 1 I IC 0 BROADVIEW 1ST ADDITION I - _ _ PB12 PG46 I —� 11 ' 2 qi0 1 .37A rn 30 130 Parcel Building Legal External Links Parcel ID:159200009004001000 2 Owner:LRPH PROPERTIES LLC Mail Address:PO BOX 1150 Property Address:407 KINGSHIGHWAY N CAPE Property Name:THE LUMBAUGH FIRM/REGIONS BANK-UNIT x527 i I � C BROADVIEW 1ST ADDITION - PB12 PG46 I — — — — I.N.....I r...i....M...17..:• ..1.13.. n,....•..s Sec. 30-336.- M-2, heavy manufacturing/industrial district. (a) Purpose. This district is intended for heavy industrial uses and many other uses which are not otherwise provided for in the other industrial district. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts, whenever possible. Good accessibility should be provided to major rail, air facilities and highways. (b) Permitted uses. (1) Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except: facilities producing or processing explosives or flammable gases or liquids; animal slaughtering, meat packing, or rendering; sulphur plants, rubber reclamation plants, steel mills, foundries or smelters. (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 and binding establishments. (3) Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, and any business and sales offices accessory thereto. (4) Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state fire codes. (5) Central mixing plants for cement, asphalt, or paving material. (6) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, however, any bulk storage of extraction material or overburden, any processing or extraction machinery, and the open face of any cut, shall be at least twenty-five(25)feet from the property line. (7) Heavy machinery and equipment sales, rental and service. (8) Junk yards, scrap and salvage yards. (9) Manufacturing and production of paving, roofing and other construction material, using asphalt or petroleum based coatings or preserving materials. (10) Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals. (11) Recycling center. (12) Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. (13) Wastewater and water treatment facilities. (14) Terminals for trucks, buses, rail and watercraft. (15) Marina or dock. (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) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. (2) Jails, prisons or detention facilities. • (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) No junk yard, scrap, or salvage yard shall be located within five hundred (500)feet of any residential use. (3) Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chanter 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 or use there shall be a side yard of not less than twenty(20)feet on the side of the lot abutting the residential district or use. (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 chanter 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, RMH and C-1 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, 25, 26, 3-7-11) Sec. 30-334. C-2, highway commercial district (a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1)Arenas or stadiums. (2)Art galleries or museums. (3)Auditoriums or theaters. (4) Banks or other financial institutions. (5) Banquet facilities. (6) Bed and breakfasts. • (7)Commercial day cares. (8)Commercial recreation facilities. (9) Driving ranges. (10) Funeral homes or mortuaries. (11) Governmental facilities. (12) Health or fitness centers. (13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. (14) Hospitals. (15) Hotels or motels. (16) Institutions of higher education, including business, career or technology schools. (17) Instructional schools for art, dance, music, martial arts or other disciplines. (18) Kennels. (19) Libraries. (20) Meeting halls. (21) Microbreweries. (22) Miniwarehouses or self-storage units. (23) Nurseries or greenhouses. (24) Nursing homes. (25) Offices. (26) Outdoor storage facilities for recreation vehicles or watercraft. Page 1 (27) Parks or playgrounds. (28) Personal service establishments. (29) Pet grooming facilities. (30) Police or fire stations. (31) Residential treatment facilities. (32) Restaurants or bars. (33) Retail or rental establishments. (34)Television or radio studios, including any transmitting facilities. (35)Transit terminals. (36)Transitional housing. (37)Vehicle fueling, service or repair facilities, excluding body or paint shops. (38)Veterinary clinics or animal hospitals. (39)Warehouses or distribution centers. (40)Wineries. (c)Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1)Amusement parks. (2) Billboards, as permitted elsewhere in the City Code. (3) Campgrounds, travel trailer or recreation vehicle parks. (4) Manufactured business units or modular buildings, for office use only. (5) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use-by-right. (6)Telecommunication towers, as permitted in section 30-404, supplemental regulations. (7) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total of eight(8)stories. (8)Vehicle body or paint shops. (9)Vehicle washing facilities, including automatic or hand wash. (10) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1)Outdoor display of merchandise is permitted in accordance with the following provisions: Page 2 a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the City Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas, or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Sixty (60) feet, not to exceed five (5) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard:Twenty-five (25)feet. b. Rear yard: None, except twenty(20) feet when adjacent to a residential use or district, or ten (10)feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty(20)feet when adjacent to a residential use or district, or ten (10)feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. (Ord. No.4109, art. 2, 3-1-10; Ord. No. 4149, art. 4, 8-16-10; Ord. No. 4206, arts. 8, 21, 22, 3-7-11) Page 3