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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 rr ATTEST: ruse Taylor, uty City Clerk F ) i C pl.,,, ,,,ea nc%1 .c, 'l 1 1 1 E 1 :s..i ,.,E2IN2J2: s_ :xlITrc% :.Ty ;/,*f1,.. 3 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 751 1753 • 1755 29062906 • • •2906 290 2906 • •A06 2906 • "06 29062906 • • •-2906 2906 • •24906 29062906 29062906 N W E S 0 50 100 200 Fee : I I I I I I I 1719 Kage Rd �m„o� CITYO CAPE >r, Pr' 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 29/42914 00 29142914 •• 29142914 • • 29142914 •• 2914 • • 2914 •2fl4 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 • 1751 1753 • • 1755 • 29062906 • • •2906 290 2906 • •M06 2906 • "06 29062906 • • •2906 2906 • •2906 29 062906 96 29062906 N W E S 0 50 100 200 Fee 1719 • 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