HomeMy WebLinkAboutOrd.5299.06-15-2020 BILL NO. 20-86 ORDINANCE NO. g, 9
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 305,
307, AND 309 NORTH FREDERICK STREET, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM RUMD
TO NC
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this Ordinance from RUMD, Residential Urban Mixed Density
District, to NC, Neighborhood 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, June 1, 2020; and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 from RUMD, Residential Urban Mixed Density District,
to NC, Neighborhood 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 RUMD, Residential Urban Mixed
Density District, to NC, Neighborhood Commercial District, for
the following described property:
305, 307, and 309 North Frederick Street Legal Description:
Part of Lot Twenty-five (25) in Range "F" in the City
of Cape Girardeau, Missouri, described as follows :
Beginning 75 feet West of the Northwest corner of
Frederick and Bellevue Streets on the South line of
said Lot; then running West along said South line 60
feet; thence North parallel with the East line of said
Lot, 127 feet; thence East parallel with the North
line of Bellevue Street, 60 feet, and thence South,
127 feet to the beginning corner.
Also, part of Lot Twenty-five (25) in Range "F" in the
City of Cape Girardeau, Missouri, described as
follows:
1
Begin at the Southeast corner of Lot 25 in Range "F"
and run North along the West line of Frederick Street,
63 feet; thence West parallel to Bellevue Street, 75
feet; thence South parallel to Frederick Street, 63
feet; thence East along the North line of Bellevue
Street, 75 feet to the point of Beginning.
Also, the Northeast part of Lot Twenty-five (25) in
Range "F" in the City of Cape Girardeau, Missouri,
described as follows :
Commencing at the Southeast corner of Lot 25 in Range
"F" of said City, and run North along the West line of
Frederick Street, 63 feet for a beginning corner;
thence North along the West line of Frederick Street,
64 feet; thence West parallel with Bellevue Street, 75
feet; thence South parallel with Frederick Street; 64
feet and thence East parallel with Bellevue Street, 75
feet to the place 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 the NC,
Neighborhood 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.
ARTICLE 3 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS 15th day of June , 2020.
Bob Fob, Mayor
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Bruce Ta r, Deputy City Clerk
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CITY OF CAPE GIRARDEAU, MISSOURI
City Staff Review, Referral and Action on Rezoning/Special Use Permit Application
FILE NO. 1396
LOCATION: 305, 307, and 309 North Frederick Street
STAFF REVIEW & COMMENTS:
The City of Cape Girardeau is requesting to rezone property at 305, 307, and 309 North Frederick Street from
RUMD (Residential Urban Mixed Density) to NC (Neighborhood Commercial). SEE STAFF REPORT FOR
FURTHER INFORMATION
City Pla er ate
City Attey Date
CITY MANAGER REFERRAL TO THE PLANNING AND
Manager Date
Planning & Zoning Commission
Public Hearing Sign Posting Date: Public Hearing Date:
RECOMMENDED ACTION:
Er L3
J
Favor Oppose
Abstain
® ❑
Larry Dowdy
Cf ❑
❑
Bruce Skinner
Jeff Glenn
❑
❑
Doug Spooler
Kevin Greaser
® ❑
❑
Ed Thompson
Derek Jackson
ad ❑
❑
Tom Welch
Patrick Koetting
❑
❑
VOTE COUNT:
COMMENTS:
Favor
CITIZENS COMMENTING AT MEETING:
Oppose
Kevin Greaser
Favor Oppose Abstain
Planning & Zoning Commission Secretary
City Council Action
Posting Dates: Sign Newspaper Public Hearing Date:
Ordinance 1 sc Reading Ordinance 2nd & 3 r Reading:
VOTE COUNT:
Favor
Oppose
ORDINANCE # Effective Date:
Abstain
Er L3
J
13 ❑
❑
® ❑
❑
Abstain
Planning & Zoning Commission Secretary
City Council Action
Posting Dates: Sign Newspaper Public Hearing Date:
Ordinance 1 sc Reading Ordinance 2nd & 3 r Reading:
VOTE COUNT:
Favor
Oppose
ORDINANCE # Effective Date:
Abstain
Rezoning Request - North Frederick Street
Requested Rezoning:
from RUMD (Residential Urban Mixed Density District)
to NC (Neighborhood Commercial District)
Future Land Use Recommendation: Mixed Use
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Rezoning Request - North Frederick Street
Requested Rezoning:
from RUMD (Residential Urban Mixed Density District) ---
to NC (Neighborhood Commercial District)
Future Land Use Recommendation: Mixed Use
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a*i off. REZONING / SPECIAL USE PERMIT APPLICATION
CITY Of CAPE GIRARDEAU
b y DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327
Property Address/Location
305, 307, and 309 North Frederick Street
Applicant
Property Owner of Record (if other than Applicant)
City of Cape Girardeau
Danna Cotner and Sam Blackwell Et Vir
Mailing Address
City, State, Zip
Mailing Address
City, State, Zip
401 Independence St.
Cape Girardeau, MO 6
305 North Frederick St.
Cape Girardeau, MO 63
Telephone
Email
Telephone
Email
573-339-6327
cityplanning@cityofcape.org
Contact Person (if Applicant is a Business or Organization)
(Attach additional owners information, if necessary)
Ryan Shrimplin
Type of Request
D Rezoning ❑ Special Use Permit ❑ Both
Existing Zoning District
Proposed Zoning District (Rezoning requests only)
RUMD
INC
Legal description of property to be rezoned and/or upon which the special use is to be conducted
See attached deed
Describe the proposed use of the property.
Offices, personal service establishments, and/or retail establishments providing convenience and spec
Application continues on next page
OFFICE USE ONLY
Date Received & By �� �ZU (- File # MUNIS Application # MUNIS Permit #
Application Fee Received $ ❑ Check # ❑ Credit Card ❑ Cash
Planning & Zoning Commission Recommendation Date City Council Final Action Date
Revised 12/06/2019
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.
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 completed application form, the following items must be submitted:
Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned
REQUIRED
RE Q
—
Development rezonings)
✓ List of adjacent property owners (see Instructions for requirements)
See Instructions for more
✓ One (1) set of mailing envelopes, stamped and addressed to adjacent property owners
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)
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 the special use permit, if approved, will become 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.
Property Owner of Record Signature and Printed Name Date
(Provide additional owners signatures and printed names in the space below, if applicable)
The undersigned h y certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application
on their behalf nd that th�operty Owner(s) of Record hereby agree to the above certifications.
S-/^Z&Z 0
Applican ignature nd Printed Name Date
Revised 12/06/2019
Sec. 30-327. - RUMD, residential urban mixed density district.
(a) Purpose. This district is intended to provide for moderate density residential development
with a mixture of housing styles and densities with a maximum twelve (12) units per acre.
These developments are characterized by single-family dwellings along with low to medium
density multifamily residential structures; such as duplexes, townhouses or multifamily
areas. It provides regulation to encourage innovative forms of housing development. It
adapts to both established and developing neighborhoods, as well as being a transition
between single-family and multifamily areas. It intends to provide for the stability of the
existing residential development located in the areas of the city, while accommodating a
range of compatible residential densities. This district should be located convenient to
commercial uses and employment centers.
(b) Permitted principal uses.
(1) Single-family detached dwellings.
(2) Duplexes, two-family dwelling units.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted in chapter 25 of the City Code.
(6) Noncommercial, not-for-profit residential neighborhood facilities, including indoor and
outdoor recreational facilities, community centers, offices of property owners
associations and maintenance facilities operated by a neighborhood or community
organization or a property owners association.
(7) Public parks, playgrounds and recreational facilities.
(8) Police and fire stations.
(9) 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.
(10) 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.
(11) A private resident 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 is issued therefor.
(c) Permitted accessory uses.
(1) Private garages, carports and accessory structures, as permitted in section 30-403,
supplemental regulations.
(2) Home occupations, as permitted in section 30-405, supplemental regulations.
(3) Home day cares, with no more than four (4) unrelated children in a twenty -four-hour
period, as permitted in section 30-408, supplemental regulations.
(4) In home elderly care, with a maximum of three (3) persons as permitted in section 30-
411, supplemental regulations.
(5) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(6) Short term use of shipping containers for accessory uses, as permitted in section 30-
402, supplemental regulations.
(d) Special uses
(1) Personal service establishments including, but not limited to, beauty parlors, barber
shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express
or mailing offices.
(2) Retail establishments which supply convenience and specialized goods and services,
including, but not limited to, groceries, bakery, package liquor, books, candy, dairy
products, drugs, flowers, gifts, jewelry, hobby materials, meat, fish and poultry, news
stands, wearing apparel, shoes, clothing, toys, pipe and tobacco and video rental.
(3) Restaurants and bars, excluding drive-in, pick-up, or drive-thru facilities.
(4) Pet grooming with sales of pet grooming products. The following are prohibited:
overnight pet stays, the sale or breeding of pets, and kennels.
(5) Offices.
(6) 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.
(7) Long term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Standards.
(1) No commercial building footprint shall have a gross floor area greater than three
thousand five hundred (3,500) square feet.
(2) Utilitarian areas such as loading docks, mechanical equipment, storage areas and
dumpsters shall be located at the rear of the building and properly screened as
required in chapter 25 of the City Code.
(3) All structures in this district shall be constructed using materials, surfaces, textures, and
colors that are compatible with the surrounding residential development. Consideration
shall also be given to the scale, orientation and proportion of surrounding
development. Design review shall be performed as part of the site plan review.
(4) Lighting shall be designed to be directed away from any adjacent residential area.
(f) Height, area, bulk and setback requirements.
(1) Maximum height:
a. When side yards are less than fifteen (15) feet in width, two and one-half (21/2)
stories not to exceed thirty-five (35) feet.
b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to
exceed forty-five (45) feet.
(2) Minimum lot area:
a. Each townhouse must be on a separate platted lot consisting of at least one
thousand four hundred (1,400) square feet.
b. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit.
c. Single -family, five thousand (5,000) square feet.
d. Multifamily, three thousand seven hundred fifty (3,750) square feet.
(3) Maximum density: Twelve (12) units per one (1) acre. Higher densities maybe approved
with a cluster subdivision as permitted in chapter 25 of the City Code.
(4) Minimum lot width:
a. Each townhouse: Twenty (20) feet.
b. Each duplex: Twenty (20) feet.
c. All other uses: Thirty (30) feet.
(5) Minimum yard requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty (20) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty (20) feet.
c. Side yard:
1. Each townhouse: None.
2. All other uses: Three (3) feet.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of twenty (20) 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 or R-3 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. 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. 5012, art. 4, 10-2-17)
Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-327 and enacted a new
section as set out herein. The former § 30-327 pertained to similar subject matter and derived from Ord. No.
4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7,
13, 14, adopted March 7, 2011.
5/26/2020 Cape Girardeau, MO Code of Ordinances
Sec. 30-331. - NC, neighborhood commercial district.
(a) Purpose. This district is intended to provide small, convenient retail/commercial services and
offices that provide convenience goods or personal service primarily to people residing in
adjacent residential areas. This district is designed to accommodate compact, commercial
uses in residential neighborhoods at intersections or along major streets, or to function as a
transition between more intense commercial uses and neighborhoods. Additional
requirements for light, air, building design, open space and landscaping are required to
alleviate any adverse impact on surrounding neighborhoods.
(b) Permitted principal uses.
(1) Commercial day care.
(2) Personal service establishments including, but not limited to, beauty parlors, barber
shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express
or mailing offices, and hearing aid and eye glass shops.
(3) Police and fire stations.
(4) Public parks, playgrounds and recreational facilities
(5) Residential uses, provided such uses are located above the first floor or behind
nonresidential uses so as to promote continuous nonresidential uses on the first floor
level along street frontages.
(6) Restaurants and bars, excluding drive-in, pick-up or drive-thru facilities.
(7) Retail establishments which supply convenience and specialized goods and services,
including, but not limited to: groceries, bakery, package liquor, books, candy, dairy
products, drugs, flowers, gifts, jewelry, hobby materials, meat, fish and poultry, news
stands, wearing apparel, shoes, clothing, toys, pipe and tobacco and video rental.
(8) Pet grooming, with sales of pet grooming products allowed as an accessory use. The
following uses are not accessory to this use and are prohibited: overnight pet stays, the
sale or breeding of pets, kennels, veterinarian services, runs and outside facilities.
(9) Finance, insurance and real estate services including, but not limited to, banks,
insurance offices and security brokers. Banks and financial institutions may include
automatic teller machines and drive-thru facilities with a maximum of two (2) teller
stations or lanes.
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to the above uses including, but
not limited to, garages, and dumpster storage facilities as permitted in section 30-403,
supplemental regulations.
(2) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(3) Short term use of shipping containers for accessory uses, as permitted in section 30-
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Cape Girardeau, MO Code of Ordinances
402, supplemental regulations.
(d) Special uses.
(1) School and studios for art, dancing, drama, music, photography, interior decorating or
similar courses of study.
(2) Vehicle fueling station, not including service and repair.
(3) The allowance of additional height, not to exceed thirty-five (35) feet, as long as
additional height does not adversely affect the surrounding neighborhood.
(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.
(6) Short term or long term use of shipping containers for principal uses, as permitted in
section 30-402, supplemental regulations.
(7) Long term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted
and approved.
(2) Buildings shall be designed in individual or small groupings and shall not exceed sixteen
thousand (16,000) square feet per structure with a maximum foot print of ten thousand
(10,000) square feet, nor exceed two (2) stories in height, except as provided with a
special use permit. The commercial development shall be designed and sized in a
manner which is architecturally, aesthetically and operationally harmonious with
surrounding development.
(3) No individual retail store, personal service establishment or other permitted use shall
have a gross floor area greater than five thousand (5,000) square feet.
(4) All activities and permitted uses except off-street parking and loading facilities, drive-
thru facilities, public parks and play grounds, day care activities, outdoor eating and
drinking facilities and outdoor music, shall be conducted entirely within a completely
enclosed building.
(5) Utilitarian areas such as loading docks, mechanical equipment, storage areas and
dumpsters shall be located at the rear of the building and properly screened as
required in chapter 25 of the City Code.
(6) Streets through adjacent residential areas shall not be used to provide principal access
for truck traffic to any nonresidential use in this district except on streets classified as
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Cape Girardeau, MO Code of Ordinances
arterials, or collectors.
(7) All structures in a NC district shall be constructed using materials, surfaces, textures,
and colors that are compatible with the surrounding development. Design review shall
be performed as part of the site plan review required in chapter 25 of the City Code.
(8) Lighting shall be designed to be directed away from any adjacent residential area and in
accordance with chapter 25 of the City Code.
(f) Height, area, bulk and setback requirements.
(1) Maximum Height: Two (2) stories not to exceed twenty-five (25) feet.
(2) Minimum lot area: None.
(3) Maximum density: None.
(4) Maximum floor area: Sixteen thousand (16,000) square feet.
(5) Minimum lot width: None.
(6) Minimum yard requirements:
a. Frontyard: Twenty-five (25) feet.
b. Rearyard: Twenty (20) percent of the lot depth or ten (10) feet, whichever is
greater. No more than twenty-five (25) feet shall be required.
c. Side yard: None, except where located adjacent to residential uses, then ten (10)
feet.
(7) Maximum building coverage, including accessory buildings: Thirty-five (35) percent of
the lot.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of twenty (20) 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 or R-3 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. 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. 5012, art. 5, 10-2-17)
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Cape Girardeau, MO Code of Ordinances
Editor's note— Ord. No. 5012, art. 5, adopted Oct. 2, 2017, repealed the former § 30-331 and enacted a new
section as set out herein. The former § 30-331 pertained to similar subject matter and derived from Ord. No.
4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7,
15, adopted March 7, 2011.
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