HomeMy WebLinkAboutOrd.5300.06-15-2020 BILL NO. 20-87 ORDINANCE NO. 5e9
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 SOUTHEAST CORNER OF NORTH MIDDLE
STREET AND BELLEVUE STREET, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI, FROM RUMD TO CBD-DCC
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 CBD-DCC, Central Business District with Downtown
Commercial Corridor Overlay 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 CBD-DCC, Central Business District with Downtown Commercial
Corridor Overlay 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 CBD-DCC, Central Business District with
Downtown Commercial Corridor Overlay District, for the following
described property:
222 N MIDDLE STREET
THAT PART OF LOT SEVENTEEN (17) IN RANGE "E" IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT
THE SOUTHWEST CORNER OF SAID LOT 17; THENCE NORTH
ALONG THE WEST LINE OF SAID LOT 46. 67 FEET; THENCE
EAST PARALLEL TO THE SOUTH LINE OF SAID LOT 180 FEET
TO THE EAST LINE OF SAID LOT; THENCE SOUTH ALONG THE
SAID EAST LINE 46. 67 FEET TO THE SOUTHEAST CORNER OF
SAID LOT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT
180 FEET TO THE POINT OF BEGINNING. FOR REFERENCE SEE
DEED BOOK 417, PAGE 677, RECORDER' S OFFICE FOR CAPE
GIRARDEAU COUNTY, MISSOURI .
1
230 N MIDDLE STREET
ALL THAT PART OF LOT SEVENTEEN (17) IN RANGE "E" IN
THE CITY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS
FOLLOWS : BEGIN AT A POINT ON THE WEST LINE OF SAID LOT
17, 125 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT
17; THENCE EAST PARALLEL WITH BELLEVUE STREET, 125
FEET; THENCE SOUTH PARALLEL WITH MIDDLE STREET, 28
FEET; THENCE EAST PARALLEL TO BELLEVUE STREET, 55 FEET
TO THE WEST LINE OF AN ALLEY; THENCE SOUTH WITH THE
WEST LINE OF SAID ALLEY, 32 FEET; THENCE WEST PARALLEL
TO BELLEVUE STREET, 180 FEET TO THE EAST LINE OF
MIDDLE STREET; THENCE NORTH WITH THE EAST LINE OF
MIDDLE STREET, 60 FEET TO THE BEGINNING CORNER.
260 N MIDDLE STREET
PART OF LOT SEVENTEEN (17) IN RANGE "E" IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI DESCRIBED AS
FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 17;
THENCE SOUTH 82°05' 19" EAST ALONG THE SOUTH LINE OF
BELLEVUE STREET, 125 . 00 FEET; THENCE SOUTH 08 °00' 00"
WEST PARALLEL WITH THE EAST LINE OF MIDDLE STREET,
125 . 00 FEET; THENCE NORTH 82°05' 19" WEST PARALLEL WITH
THE SOUTH LINE OF BELLEVUE STREET, 125 . 00 FEET TO A
POINT ON THE EAST LINE OF MIDDLE STREET; THENCE NORTH
08°00' 00" EAST ALONG THE EAST LINE OF MIDDLE STREET,
125 . 00 FEET TO THE POINT OF BEGINNING. (THIS
DESCRIPTION IS BASED ON A SURVEY BY LARRY D. DOWDY
SURVEYING DATED 05/16/2002 . )
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 CBD-
DCC, Central Business District with Downtown Commercial Corridor
Overlay 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 .
2
PASSED AND APPROVED THIS 15th day of June , 2020.
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Bob Fo
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CITY OF CAPE GIRARDEAU, MISSOURI
City Staff Review, Referral and Action on Rezoning/Special Use Permit Application
FILE NO. 1397
LOCATION: SE Corner of N. Middle St. & Bellevue St.
STAFF REVIEW & COMMENTS:
Rust Communications, Inc. is requesting to rezone property at the southeast corner of North Middle Street and
Bellevue Street from RUMD (Residential Urban Mixed Density) to CBD -DCC (Central Business District –
Downtown Commercial Corridor Overlay District). SEE STAFF REPORT FOR FURTHER INFORMATION
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City Plann
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Date
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Public Hearing Sign Posting Date: Public Hearing Date:
RECOMMENDED ACTION:
COMMENTS:
CITIZENS COMMENTING AT MEETING:
Kevin Greaser
Planning & Zoning Commission Secretary
City Council Action
Posting Dates: Sign Newspaper Public Hearing Date:
Ordinance I" Reading Ordinance 2nd & 3Yd Reading:
VOTE COUNT: Favor Oppose Abstain
ORDINANCE # Effective Date:
Far
Oppose
Abstain
Favor
Oppose
Abstain
Larry Dowdy
7
❑
❑
Bruce Skinner
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❑
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Jeff Glenn
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Doug Spooler
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Kevin GreaserI
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Ed Thompson
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Derek Jackson�
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Patrick Koetting
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VOTE COUNT:
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Favor
Oppose
Abstain
COMMENTS:
CITIZENS COMMENTING AT MEETING:
Kevin Greaser
Planning & Zoning Commission Secretary
City Council Action
Posting Dates: Sign Newspaper Public Hearing Date:
Ordinance I" Reading Ordinance 2nd & 3Yd Reading:
VOTE COUNT: Favor Oppose Abstain
ORDINANCE # Effective Date:
Rezoning Request
Southeast Corner of North Middle Street & Bellevue Street
'426 .426 422
Requested Rezoning:
from RUMD (Residential Urban Mixed Density District)
to CBD (Central Business District) and
DCC (Downtown Commercial Corridor Overlay District)
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April 15, •
04 p Ge, REZONING / SPECIAL USE PERMIT APPLICATION
CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327
Proert Address/Location
222, HO and 260 N. Middle Street
Applicant
Rust Communications, Inc.
Mailing Address
301 Broadway
City, State, Zip
Cape Girardeau, MO 6
Property Owner of Record (if other than Applicant)
Mailing Address I City, State, Zip
i eiepnone I Email Telephone Email
(573)225-7322 1 rrust@semissourian.com
Contact Person (/ Applicant is a Business or Organization)
Rex D. Rush
Type of Request
0 Rezoning ❑ Special Use Permit 0 Both
(Attach additional owners information, if necessary)
ExistinZoning District Proposed Zoning District (Rezoning requests only)
RUMS - Residential Urban Mixed Density District CBD -DCC (Central Business District -Downtown Commercial Corridor Overlay District
Legal description of property to be rezoned and/or upon which the special use is to be conducted
SEE ATTACHED. (TRACT 1, 2 AND 3)
Describe the proposed use of the property.
Parking lot.
OFFICE USE ONLY
Date Received & By
Application continues on next page
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
OPc%Aal u,e s-nteria tapeciai 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:
REQUIRED Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned
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)
CERTIFICATIONS One (1) set of Planned Development documents (Planned Development rezonings only)
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
commencingn use or rk on the property.
'e- S 20
Property Owner of Record Signature and Printed Name Date
(Provide 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.
Applicant Signature and 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.
Sec. 30-332. - CBD, central business district.
(a) Purpose. The central business district [CBD] provides for the development of high density, compact, pedestrian
oriented shopping, office, service, entertainment and residential districts. The districts are intended to be mixed-use
districts that accommodate a variety of uses. It is intended specifically for the older downtown areas including:
Broadway, Riverfront and Good Hope/Haarig areas of the City of Cape Girardeau. It is intended to allow flexible
setbacks, smaller lot sizes, and increased lot coverage to encourage dense development in the urban core of the
community. This district is designed to protect the small community appeal, integrity, character, and charm within
the central business district by encouraging redevelopment that focuses on architecturally appropriate design
standards typical of the city's early development history. These areas may also be experiencing or be in need of
rehabilitation or redevelopment. This district is intended to accommodate the transition that must occur if these
areas are to continue to contribute to the vitality of the city. The regulations of the central business district are
intended to allow greater flexibility for tracts of land in the central business district than is permitted by other
district regulations, where the planned development of such tracts would better reflect the character of the site and
enhance the appearance and economic vitality of the downtown area.
(b) Permitted principal uses.
(1) Any business that provides, displays, advertises and sells goods, supplies or services to the general public, as
long as all activities associated with said business are contained entirely indoors as stated in the standards set
forth in section 30-332(e)(2).
(2) General retail and office, including banks and financial institutions.
(3) Any governmental building, including police and fire stations.
(4) Residential uses.
(5) Hotels.
(6) Medical facilities.
(7) Health and fitness centers.
(8) Public parks, playgrounds and recreational facilities.
(9) Private institutions of higher education.
(10) Nursing homes, senior citizen housing or retirement homes.
(11) Commercial day cares.
(12) Microbrewery.
(13) Bed and breakfasts.
(14) Restaurants, bars.
(15) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations.
(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 30-402, supplemental
regulations.
(d) Special uses.
(1) Helicopter landing pad, heliport or other landing areas in relationship with medical facilities.
(2) Telecommunication tower, as permitted in section 30-404, supplemental regulations.
(3) Marina or dock.
(4) The allowance of additional height, not to exceed sixty (60) feet or five (5) stories.
(5) Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental
regulations.
(6) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(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.
(8) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental
regulations.
(e) Standards.
(1) All activities and permitted uses except the following shall be conducted entirely within a closed building.
a. Off-street parking and loading facilities.
b. Banks and financial institutions including automatic teller machines and drive-thru facilities with a
maximum of two (2) teller stations or lanes.
c. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and recreational facilities.
e. Outdoor live or amplified music provided that they are in compliance with the city's nuisance ordinance.
(2) All activities and permitted uses except the following shall be conducted entirely within a closed building.
a. Off-street parking and loading facilities.
b. Banks and financial institutions including automatic teller machines and drive-thru facilities with a
maximum of two (2) teller stations or lanes.
c. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and recreational facilities.
e. Outdoor live or amplified music provided that they are in compliance with the city's nuisance ordinance.
(3) Alteration of existing buildings:
a. Original window openings on public facing elevations should be maintained or retained.
b. Original upper story design details and features shall not be removed or obscured.
(4) New construction shall be compatible with the existing buildings in scale, height, materials, massing and
rhythm and proportion of openings.
(5) Storefronts shall maintain traditional size, shape, spacing, patterns and alignment of openings of storefronts.
(6) The primary entrance for commercial buildings shall be oriented toward the street.
(7) Building setbacks:
a. Residential: Should be aligned by a uniform distance from sidewalks.
b. Commercial: Maintain alignment of facades along sidewalks.
(8) Height:
a. The height of additions or new construction should be within a similar range of the buildings in the
surrounding blocks.
b. Corner buildings or buildings on the ends should be similar in height to buildings on adjoining corners.
(9) Materials that are comparable in quality, color, texture, finish and dimension to existing materials and
buildings within the district should be used.
(10) Consistent rooflines should be maintained with adjacent buildings.
(f) Height, area, bulk and setback requirements.
(1) Maximum height: Three (3) stories not to exceed forty (40) feet.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Maximum density: None.
(5) Minimum yard requirements:
a. Frontyard: None, except fifteen (15) feet when across from a residential zoning district.
b. Rearyard: None, except fifteen (15) feet when adjacent to a residential zoning district.
c. Side yard: None, except fifteen (15) feet when adjacent to a residential zoning district.
(6) Maximum building coverage, including accessory buildings: One hundred (100) percent of the lot.
(g) Open space, landscaping and bufferyard requirements.
(1) Open space requirements: No minimum percentage required.
(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 use set forth in section 25-202.
(Ord. No. 5211 , art. 3, 7-15-19)
Editor's note— Ord. No. 5211 , art. 3, adopted July 15, 2019, repealed the former § 30-332 and enacted a new section as set out
herein. The former -§ 30-332 pertained to similar subject matter and derived from Ord. No. 5012, art. 5, adopted Oct. 2, 2017.
Sec. 30-355. - DCC, downtown commercial corridor overlay district.
(a)
Purpose. This overlay district is designed to preserve the commercial integrity of major corridors in the
downtown area. While this district permits residential uses on upper floors of buildings, or in the rear areas of
the street level of buildings, commercial and retail uses on the street level storefronts promote the commercial
integrity of these major corridors.
(b)
Permitted uses.
(1)
Residential uses, on upper floors only and rear of street level of buildings only.
(c)
Special uses.
(1)
First floor residential street frontage may be permitted in new construction and redevelopment projects.
(Ord. No. 4206, art. 31, 3-7-11)