HomeMy WebLinkAboutOrd.5035.12-18-2017 BILL NO. 17-190 ORDINANCE NO. 5435
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 THE NORTHWEST CORNER OF NORTH
MOUNT AUBURN ROAD AND KAGE ROAD, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM
C-1 TO C-2
WHEREAS, the City Planning and Zoning Commission has
recommended changing the zoning of property described in
Article 1 of this Ordinance from C-1, General Commercial
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
December 4, 2017, and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described herein as
set out below;
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 rezone
the following described property, located at the northwest
corner of North Mount Auburn Road and Kage Road, from C-1,
General Commercial District, to C-2, Highway Commercial
District:
TRACT 1
PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF FRACTIONAL SECTION 26, TOWNSHIP 31 NORTH, RANGE 13
EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID
FRACTIONAL SECTION 26, THENCE SOUTH 89°10 ' 57" WEST
2516. 86 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 89°10 ' 57" WEST 154 . 65 FEET; THENCE
NORTH 02°36' 57" EAST 286. 36 FEET; THENCE SOUTH
1
38°39 ' 13" EAST 16. 07 FEET; THENCE NORTH 34°42 ' 22" EAST
456. 10 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF
WAY OF U.S. HIGHWAY "61", BEING 61 FEET SOUTHWEST AND
PERPENDICULAR TO THE CENTERLINE STATION 997+32 . 80 OF
SAID HIGHWAY; THENCE WITH SAID SOUTHWESTERLY RIGHT OF
WAY LINE, SOUTH 53°23 ' 03" EAST 0 .25 FEET; THENCE SOUTH
53°44 ' 18" EAST 128 . 98 FEET; THENCE' SOUTH 44°40' 48"
EAST 140. 43 FEET; THENCE SOUTH 34°39' 01" WEST 41 . 00
FEET; THENCE SOUTH 55°20' 59" EAST 54 . 54 FEET; THENCE
SOUTH 15°51 ' 10" WEST 60. 61 FEET TO THE WESTERLY RIGHT
OF WAY OF MT AUBURN ROAD; THENCE LEAVING SAID
SOUTHWESTERLY RIGHT OF WAY AND WITH SAID WEST RIGHT OF
WAY, SOUTH 03°26' 40" WEST 82 . 94 FEET; THENCE SOUTH
00°41 ' 20" EAST 39. 90 FEET; THENCE SOUTHWESTERLY ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
185. 00 FEET A LENGTH OF 48 . 41 FEET (THE CHORD OF SAID
ARC BEARS SOUTH 06°48 ' 35" WEST 48 . 27 FEET) ; THENCE
SOUTH 14°18 ' 55" WEST 104 . 53 FEET; THENCE ALONG THE ARC
OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING
A RADIUS OF 1040 . 00 FEET A LENGTH OF 36. 66 FEET (THE
CHORD OF SAID ARC BEARS SOUTH 11°10' 12" WEST 36. 66
FEET) ; THENCE ALONG A REVERSE CURVE HAVING A RADIUS OF
25. 00 FEET A LENGTH OF 34 . 48 FEET (THE CHORD OF SAID
ARC BEARS SOUTH 49°40 ' 17" WEST 31 . 81 FEET) TO A POINT
ON THE NORTH RIGHT OF WAY LINE OF KAGE ROAD; THENCE
LEAVING SAID WEST RIGHT OF WAY AND WITH SAID NORTH
RIGHT OF WAY, SOUTH 89°10 ' 57" WEST 267 . 96 FEET; THENCE
SOUTH 03°09' 35" WEST 14 . 67 FEET TO THE POINT OF .
BEGINNING AND CONTAINING 5. 27 ACRES, MORE OR LESS,
SUBJECT TO ANY EASEMENTS OF RECORD. (DESCRIPTION PER
ALTA/NSPS SURVEY BY KOEHLER ENGINEERING AND LAND
SURVEYING, INC. , DATED JANUARY 26, 2017, PROJECT NO.
36554 . )
THE ABOVE DESCRIBED TRACT IS THE SAME PROPERTY
DESCRIBED IN THE FOLLOWING DEEDS: GENERAL WARRANTY
DEED TO "KENNETH E. STOREY REVOCABLE TRUST DATED
NOVEMBER 13, 1998 DATED DECEMBER 11, 2000 AS RECORDED
IN BOOK 1091 ON PAGE 916, GENERAL WARRANTY DEED TO
"KENNETH E. STOREY REVOCABLE TRUST DATED NOVEMBER 13,
1998 DATED JUNE 29, 2007 AS RECORDED' IN DOCUMENT NO.
2007-09348, AND QUIT CLAIM DEED TO "KENNETH E. STOREY
REVOCABLE TRUST" DATED MARCH 3, 2011 AS RECORDED IN
DOCUMENT NO. 2011-14503 .
Article 2 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
2
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Article 3 . 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 designation
authorized hereby is reasonable and in reasonable conformity
with the existing uses and value of the immediately surrounding
properties .
Article 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS \C ` DAY OFV\PCOASA , 2017 .
ry E. Rediger, Mayor
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ATTEST:
ruse Taylor, uty City Clerk F ) i
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CITY OF CAPE GIRARDEAU, MISSOURI
City Staff Review, Referral and Action on Rezoning/Special Use Permit Application
FILE NO. 1366
LOCATION: 1505 N. Mt. Auburn Road &
2900 Kage Road
STAFF REVIEW & COMMENTS:
Rhodes Properties, LC is requesting to rezone property at 1505 North Mt. Auburn Road and 2900 Kage Road from
the C-1 (General Commercial) district to the C-2 (Highway Commercial) district. SEE STAFF REPORT FOR
FURTHER INFORMATION
6
City Plann
,
City A " ey
Date
-672�
�M7
Date
CITY MANAW
REFERRAL TO THE PLANNING AND ZONING COMMISSION•
r
let y Manager
Date
Planning & Zoning Commission
Public Hearing Sign Posting Date:
Public Hearing Date: 11/08/17
RECOMMENDED ACTION.•
Favor Oppose Abstain
Favor Oppose
Abstain
Trae Bertrand
❑ ❑ ❑
Scott McClanahan
d ❑
❑
Larry Dowdy
❑ ❑
Bruce Skinner
El ❑
❑
Jeff Glenn
I ❑ ❑
Doug Spooler
Lf ❑
❑
Kevin Greaser
❑ ❑ ❑
Tom Welch
Lf ❑
❑
Patrick Koetting
Cl ❑ ❑
VOTE COUNT:
rl Favor
Oppose
Abstain
COMMENTS:
CITIZENS COMMENTING AT MEETING:
Bruce Skinner
Planning & Zoning Commission Secretary
City Council Action
Posting Dates: Sign q - Newspaper I I - 11 - I q Public Hearing Date
Ordinance I" Readingjj. ^11 Ordinance 2nd & 3rd Reading: _
VOTE COUNT: Favor Oppose Abstain
ORDINANCE # Effective Date:
29/42914
00
2.142914
2142914
29142914
00
2914
2914
•214
2914
Rezoning Request - Northwest Corner of
North Mt. Auburn Road and Kage Road
Requested Rezoning:
from the C-1 (General Commerical) and C-2 (Highway Commercial) District
to the C-2 (Highway Commercial) District
Future Land Use Recommendation: Mixed Use
1749
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0 50 100 200 Fee
: I I I I I I I
1719
Kage Rd
�m„o� CITYO CAPE
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G I R A R D E A U
Created by: Development Services
Carol Peters
October 25, 2017
Legend
® Area to be Rezoned
Parcels
Zoning District
R1
0 C2
C1
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Rezoning Request - Northwest Corner of
North Mt. Auburn Road and Kage Road
Requested Rezoning:
from the C-1 (General Commerical) and C-2 (Highway Commercial) District
to the C-2 (Highway Commercial) District
Future Land Use Recommendation: Mixed Use
1749
•
1751
1753 •
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1719
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Kage Rd
�j
,j,ju CITY O CAPE
G I R A R D E A U
Created by: Development Services
Carol Peters
October 25, 2017
n
Legend
® Area to be Rezoned
Parcels
FLU Recommendation
High Density Residential
Institutional
Mixed Use
Parks and Recreation
AWA
arm REZONING / SPECIALISE PERMIT APPLICATION
f
CITY Of CAPE GIRARDEAU
*'xsi DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327
Property Address/Location -
Rhodes Properties, L.C. - Mt Auburn Road & Kage Road
Applicant
Property Owner of Record (if other than Applicant)
Rhodes Properties, L.C.
Mailing Address
City, State, Zip
Mailing Address
City, Mate, Zip
2075 Corporate Circle
Cape Girardeau, MCS 5370:
Telephone
Email
Telephone
Email
573.339.1300
scottr@DpIazatireservice.com
Contact Person (if Applicant is a Business or Organization)
(Attach additional owners information, if necessary)
Scott. Rhodes
Type of Request. Rezoning, Special Use Permit, or Both
Rezon i n_q
Existing Zoning District
Proposed Zoning District (Rezoning requests only)
+C-1 and C-2
C -
Legal description of property to be rezoned and/or upon which the special use is to be conducted
Refer to attached deed
Describe the proposed use of the property.
Commercial (bank, restaurant, etc) and office space
Application continues on next page
OFFICE USE ONLY
ff f�
Date Received & By 1 `. 1 . _ File No. MUNIS Application No. V
Planning & Zoning Commission Recommendation
City Council Final Action Date
Date
Revised 08/11/2016
Special Use Criteria (Special Use Permit requests only)
Explain how the Special Use permit request meets the criteria below. Attach additional sheets, if necessary.
1) The proposed special use will not substantially increase traffic hazards or congestion.
N/A
2) The proposed special use will not substantially increase fire hazards.
N/A
3) The proposed special use will not adversely affect the character of the neighborhood.
NIA
4) The proposed special use will not adversely affect the general welfare of the community.
NIA
5) The proposed special use will not overtax public utilities.
N/A
ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted:
Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned
REQUIRED Development rezonings)
p g)
One (1') list of names and mailing addresses of adjacent property owners
See instructions for more V One (1) set of mailing envelopes, stamped and addressed to adjacent property owners
�--- p Y
information. ✓ One (1) full size copy of a plat or survey of the property, if available
One (1) full size set of'plans, 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, light poles, detention basins, landscaping areas, freestanding signs, etc.
(Planned Development rezonings and Special Use Permits only)
_ Digital file of the plans in .pdf format (Planned Development rezonings and Special Use Permits
only; can be emailed)
,. One (1) set of Planned Development documents (Planned Development rezonings only)
CERTIFICATIONS
The undersigned hereby certifies that:
1) They are the Property Owner(s) of Record for the property described in this application;
2) They acknowledge that an approved Special Use Permit becomes null and void if the use for which the permit was granted
does not commence within twelve (12) months of the approval date, unless an extension has been granted; and
3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to
commencing any use or work on the property.
t�
Ir:o)
erty Owner of Record Signature and Printed Name Date
(Prowde additional owners signatures and printed names in the space below, if applicable)
The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application
on their behalf, and that the Property Owner(s) of Record hereby agree to the above certifications.
L
p licant signature and Printed Name Date
Revised 08/11/2016
MEM CRESTVIEW LLC
CITY OF CAPE GIRARDEAU
115 GREENBRIER
401 INDEPENDENCE ST
SIKESTON MO 63801
CAPE GIRARDEAU MO 63701
ELIAS FAMILY CENTER INC
MIDAMERICA HOTELS CORP.
1719 KINGSHIGHWAY ST
105 S MT AUBURN RD.
CAPE GIRARDEAU MO 63701
CAPE GIRARDEAU MO 63703
AUBURN PROFESSIONAL GROUP
CHURCH ENTERPRISES
1441 MT. AUBURN RD
1743 KINGSHIGHWAY ST
CAPE GIRARDEAU MO 63701
CAPE GIRARDEAU MO 63701
CAPE BIBLE CHAPEL
SLS CLEARING INC.
2911 KAGE RD
835 KINGSHIGHWAY ST
CAPE GIRARDEAU MO 63701
CAPE GIRARDEAU MO 63703
COOK INVESTMENTS INC
VERNON E RHODES FAMILY PARTNERSHIP LP ETAL
3610 STADIUM BLVD
2301 BLOOMFIELD RD
JACKSON TN 72404
CAPE GIRARDEAU MO 63703
IMMEDIATE CONVENIENT CARE LLC
211 SAINT FRANCIS DR.
CAPE GIRARDEAU MO 63703
Sec. 30-333. - C-1, general commercial district.
(a) Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares
and adjacent to residential districts. Appropriate uses for this district include commercial
developments not requiring long term outdoor display of merchandise, as well as certain
governmental, institutional, and community service facilities. Other uses having the potential to
significantly affect adjacent residential districts may be allowed with approval of a special use permit.
(b) Permitted principal uses.
(1) Art galleries or museums.
(2) Banks or other financial institutions.
(3) Bed and breakfasts.
(4) Commercial day cares.
(5) Commercial recreation facilities, excluding driving ranges and outdoor shooting or racing.
(6) Funeral homes or mortuaries.
(7) Governmental facilities.
(8) Health or fitness centers.
(9) Institutions of higher education, including business, career or technology schools.
(10) Instructional schools for art, dance, music, martial arts or other disciplines.
(11) Libraries.
(12) Microbreweries.
(13) Middle schools, secondary schools, or development centers for people with physical, mental or
developmental disabilities.
(14) Nurseries or greenhouses.
(15) Nursing homes.
(16) Offices.
(17) Parks or playgrounds.
(18) Personal service establishments.
(19) Pet grooming facilities, excluding kennels.
(20) Police or fire stations.
(21) Residential treatment facilities.
(22) Restaurants or bars.
(23) Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large
agricultural or construction equipment.
(24) Television or radio studios, including any transmitting facilities.
(25) Transit terminals.
(26) Veterinary clinics or animal hospitals, excluding livestock.
(27) 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) Short term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(3) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(d) Special uses.
(1) Banquet facilities.
(2) Hotels or motels.
(3) Kennels.
(4) Long term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(5) Meeting halls.
(6) Mini warehouses or self -storage units.
(7) 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.
(8) Short term or long term use of shipping containers for principal uses, as permitted in section 30-
402, supplemental regulations.
(9) Telecommunication towers, as permitted in section 30-404, supplemental regulations.
10) The allowance of additional height up to a total of sixty (60) feet, not to exceed a total of five (5)
stories.
11) Transitional housing.
12) Vehicle fueling, service or repair facilities, excluding body or paint shops.
13) Vehicle washing facilities, automatic or hand wash.
(14) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(e) Standards.
(1) All storage of merchandise, materials, products or equipment shall be within a fully enclosed
building or in an open yard so screened that the items being stored are not visible from the
street or any adjacent property.
(2) Outdoor display of merchandise is prohibited, except as follows:
a. Merchandise may be displayed outdoors as part of a temporary use, as permitted in
section 30-406, temporary uses. Nursery stock, accessory landscaping decorations, and
seasonal and holiday decorations may also be displayed outdoors during the appropriate
season. Such displays are permitted in accordance with the following provisions:
1. Displays shall not be located in a right-of-way.
2. Displays shall not be located in parking spaces used to meet the minimum number of
parking spaces as required elsewhere in the City Code. 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.
3. Displays shall not impede vehicular or pedestrian access.
4. Displays shall not alter the structure of any building.
5. Displays shall not create a health or safety hazard.
6. Displays shall be well kept and orderly.
7. Signs may be displayed as permitted elsewhere in the City Code.
8. 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.
(3) 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: Forty (40) feet, not to exceed three (3) 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.
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) Mini warehouses or self -storage units.
(23) Nurseries or greenhouses.
(24) Nursing homes.
(25) Offices.
(26) Outdoor storage facilities for recreation vehicles or watercraft.
(27) Parks or playgrounds.
(28) Personal service establishments.
(29) Pet grooming facilities.
Page 1
(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) Short term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(3) 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) Long term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(5) Manufactured business units, for office use only.
(6) 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.
(7) Short term or long term use of shipping containers for principal uses, as permitted in section 30-
402, supplemental regulations.
(8) Telecommunication towers, as permitted in section 30-404, supplemental regulations.
(9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total
of eight (8) stories.
(10) Vehicle body or paint shops.
(11) Vehicle washing facilities, automatic or hand wash.
(12) 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:
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
Page 2
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.
Page 3