HomeMy WebLinkAboutOrd.5489.12-20-2021 BILL NO. 21-194 ORDINANCE N0. 527/g
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 475 NORTH MAIN STREET, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM
R-4 TO CBD
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from R-4, Medium Density Multifamily
Residential District, to CBD, Central Business 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, December 6, 2021; and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 of this ordinance from R-4, Medium Density Multifamily
Residential District, to CBD, Central Business 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 R-4, Medium Density Multifamily
Residential District, to CBD, Central Business District, for the
following described property:
Legal Description 475 North Main Street
Part of Lot 4 and all of Lots 5 and 6 in Block 1, all of
Block 2, and all of Lots 1, 4, 5, and 6 in Block 3 of
Ranney Place, a subdivision on file in the land records of
Cape Girardeau County, Missouri in Plat Book 3 at Page 22,
and the adjacent vacated alleys and rights-of-way on file
in the land records of Cape Girardeau County, Missouri in
Deed Book 453 at Page 861, Deed Book 453 at Page 864, and
Document Number 2021-12720, all in the City and County of
Cape Girardeau, State of Missouri, containing 78, 310 square
feet (1 . 80 acres) , more or less, being more particularly
described as follows :
Begin at the Southwest corner of said Block 3, being at the
Northeast corner of North Spanish Street and Park Drive;
thence with the East right-of-way line of North Spanish
Street, North 06°14' 09" East, 322 . 00 feet to the Northwest
corner of said Lot 6 in Block 1; thence leaving said right-
of-way line, and with the North line of said Lot 6 in Block
1, South 83°55' 21" East, 145 . 00 feet to a point on the West
line of said Lot 4 in Block 1; thence with said West line
of Lot 4 in Block 1, North 06°14' 09" East, 11 . 00 feet;
thence leaving said West line of Lot 4 in Block 1, South
83°55' 21" East, 140 . 00 feet to a point on the West right-
of-way line of North Main Street; thence with said right-
of-way line, South 06°14' 09" West, 233 . 00 feet to the
Southeast corner of said Lot 1 in Block 3; thence leaving
said right-of-way line, North 83°55' 21" West, 150 . 00 feet a
point on the West line of an alley at the Southeast corner
of said Lot 6 in Block 3; thence with said West line of
alley, South 06°14' 09" West, 100 . 00 feet to a point on the
North right-of-way line of Park Drive; thence with said
right-of-way line, North 83°55' 21" West, 135 . 00 feet to the
point of beginning.
ARTICLE 2 . The City Council hereby finds and declares that
the property described in Article 1 of this ordinance is at the
present time particularly suitable for the purposes and uses of
the CBD, Central Business 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 ar�d.,pproval.
PASSED AND APPROVED THIS O DAY OF 2021 .
, /elcqDem/4
Bob Fox, Mayor
ATTEST:
ruce Ta . Deputy City Clerk ..s'
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CITY OF CAPE GIRARDEAU, MISSOURI
City Staff Review, Referral and Action on Rezoning/Special Use Permit Application
FILE NO. 1424
LOCATION: 475 North Main Street
STAFF REVIEW & COMMENTS:
Catholic Charities of Southern Missouri is requesting to rezone the above listed property from R-4 (Medium Density
Multi -family Residential) to CBD (Central Business District). SEE STAFF REPORT FOR FURTHER INFORMATION
y / o'�/��
City Pl Date
City Attorney
Planning & Zoning Commission
Public Hearing Sign Posting Date: Public Hearing Date:
RECOMMENDED ACTION.•
COMMENTS:
CITIZENS COMMENTING AT MEETING:
P rick o ing
Planning & Zoning Commission Secretary
City Council Action
Posting Dates: Sign Newspaper Public Hearing Date:
Ordinance 1st Reading Ordinance 2nd & 3 r Reading:
VOTE COUNT:
Favor Oppose
ORDINANCE # Effective Date:
Abstain
Favoy,
Oppose
Abstain
Favor
Oppose
Abstain
Scott Blank
❑
❑
Melissa Stickel
Ci
❑
❑
Kevin Greaser
Er
❑
❑
Ed Thompson
❑
❑
Derek Jackson
Li'
❑
❑
Sid Whittington
0'
❑
❑
Patrick Koetting
E(
❑
❑
Deborah Young
L7
❑
❑
Nick Martin
0
❑
❑
VOTE COUNT:
Favor
Oppose
Abstain
COMMENTS:
CITIZENS COMMENTING AT MEETING:
P rick o ing
Planning & Zoning Commission Secretary
City Council Action
Posting Dates: Sign Newspaper Public Hearing Date:
Ordinance 1st Reading Ordinance 2nd & 3 r Reading:
VOTE COUNT:
Favor Oppose
ORDINANCE # Effective Date:
Abstain
Rezoning Request
475 North Main Street
Requested Rezoning from R-4 (Medium Density Multi -family Residential) to
CBD (Central Business District)
Future Land Use Recommendation: Urban Mixed Use
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Rezoning Request
475 North Main Street
Requested Rezoning from R-4 (Medium Density Multi -family Residential) to
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t,'Z�\'�, REZONING / SPECIAL USE PERMIT APPLICATION
!� CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 573 339-6327
Property Address/Location
475 N Main Street
Applicant
Property Owner of Record (if other than Applicant)
Catholic Charities of Southern Missouri
Mailing Address
City, State, Zip
Mailing Address ° City, State, Zip
424 E. Monastery St.
Springfield, MO 65807
Telephone
Email
Telephone
Email
(417) 720-4213
mtaylor@ccsomo.org
Contact Person (If Applicant is a Business or Organization)
(Attach additional owners information, if necessary)
Maura Taylor
Type of Request
Ea Rezoning ❑ Special Use Permit ❑ Both
Existing Zoning District
Proposed Zoning District (Rezoning requests only)
R-4
CBD
Legal description of property to be rezoned and/or upon which the special use is to be conducted
See attached plat.
Describe the proposed use of the property.
The property will be used as grounds for a proposed crisis maternity home.
Application continues on next page
OFFICE USE ONLY
Date Received & By 'y 5 .� I File # I�I-24 MUNIS Application # P.�i I 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:
REQUIRED Application fee ($135.00 payable to City of Cape Girardeau + additional $SO 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. 70ne (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 airing that all required licenses and permits are obtained prior to
commencing pfy use or work on the. property.
r p Owner of Record Signature Printed Name Date
(Pr vide 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 Pr rty Owner(s) of Record hereby agree to the above ce ifications.
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iflicant Si natu. and P inted Name ^bj Tr
pp g .r.� � Date
Revised 12/05/2019
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Sec. 30-325. - R-4, medium density multifamily residential district.
(a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of eighteen (18) units per one
(1) acre. Single -family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either
contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single -family detached or two-
family subdivisions, which are prohibited.
(b) Permitted principal uses.
(1) Single -family detached dwellings, with only one (1) dwelling per lot, and excluding new single -family detached subdivisions.
(2) Two-family (duplex) dwellings, excluding new two-family subdivisions.
(3) Multifamily dwellings.
(4) Townhouses.
(5) Cluster subdivisions, as permitted elsewhere in the City Code.
(6) Nursing homes, senior citizen housing and retirement homes.
(7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of
property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners
association.
(8) Public parks, playgrounds, and recreational facilities.
(9) Police and fire stations.
(10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with
physical, mental or developmental disabilities.
(11) Commercial day cares.
(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) Solar energy systems, as permitted in section 30-410, supplemental regulations.
(4) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations.
(d) Special uses.
(1) Bed and breakfasts.
(2) Cemeteries, on a minimum of ten (10) acres of land.
(3) Transitional housing.
(4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations.
(5) Residential treatment facilities.
(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 30-402supplemental regulations.
(e) Height, area, bulk and setback regulations.
(1) Maximum height: Five (5) stories not to exceed sixty (60) 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. All other uses: Three thousand seven hundred fifty (3,750) square feet.
(3) Maximum density: Eighteen (18) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted
elsewhere in the City Code.
(4) Minimum lot width:
a. Each townhouse: Twenty (20) feet.
b. All other uses: None.
(5) Minimum yard requirements:
a. Front yard:
1. Each townhouse: Ten (10) feet.
2. All other uses: Twenty-five (25) feet.
b. Rear yard:
1. Each townhouse: Twenty (20) feet.
2. All other uses: Twenty-five (25) feet.
c. Side yard:
1. Each townhouse: None.
2. All other uses: Five (5) feet.
(6) Maximum building coverage, including accessory buildings: Fifty (50) percent of the lot for all uses except townhouses.
(7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of twenty (20) percent of the total lot
area shall be devoted to open space, including required yards and bufferyards.
(Ord. No. 5012, art. 4,10-2-17)
Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-325 and enacted a new section as set out herein. The former § 30-
325 pertained to similar subject matter and derived from Ord. No. 4790, art. 1. adopted Sep. 14, 2015.
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
Sec. 30-332. - CBD, central business district.
(a) Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and
contains a wide range of uses and lot sizes. It also has the largest concentration of historic
buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are
limited to those that do not detract from the pedestrian -oriented nature and visual appeal of the
district. New buildings, as well as exterior alterations and additions to existing buildings, are required
to meet certain design standards to ensure compatibility. To accommodate existing lots and provide
for flexibility in the design of new development and redevelopment projects, there are no minimum lot
standards or setbacks.
(b) Permitted principal uses.
(1) Art galleries or museums.
(2) Auditoriums or theaters.
(3) Banks or other financial institutions.
(4) Banquet facilities.
(5) Bed and breakfasts.
(6) Commercial day cares.
(7) Commercial recreation facilities.
(8) Funeral homes or mortuaries.
(9) Governmental facilities.
(10) Health or fitness centers.
(11) Hospitals.
(12) Hotels or motels.
(13) Institutions of higher education, including universities and business, career, or technology
schools.
(14) Instructional schools for art, dance, music, martial arts, or other disciplines.
(15) Libraries.
(16) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental
regulations.
(17) Meeting halls.
(18) Microbreweries or microdistilleries.
(19) Nursing homes.
(20) Offices.
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments.
(23) Police or fire stations.
(24) Residential treatment facilities.
(25) Residential uses, excluding mobile homes.
(26) Restaurants or bars.
(27) Retail or rental establishments.
Page 1 of 4
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
(28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital
machinery.
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding livestock and kennels.
(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) Any use not meeting the requirements of section 30-332(e)(1) which would otherwise be a
permitted use in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
(4) Long term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(5) Marinas or docks.
(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) Telecommunication towers, as permitted in section 30-404, supplemental regulations.
(8) The allowance of additional height up to a total of sixty (60) feet, not to exceed five (5) stories.
(9) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(e) Standards.
(1) All permitted uses shall be conducted entirely indoors except the following:
a. Drive-thru or automatic teller machine (ATM) facilities associated with a bank or other
financial institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded music, provided that such activities
do not violate other provisions of the City Code.
d. Mobile food or beverage service facilities, provided that such activities do not violate other
provisions of the City Code.
e. Parking or loading facilities.
f. Parks or playgrounds.
g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a
dwelling.
h. Public art.
i. Public recreation facilities.
j. Shipping containers, as permitted in section 30-332(c)(2).
Page 2 of 4
(f)
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
k. Solar energy systems, as permitted in section 30-332(c)(3).
I. Temporary uses, as permitted in section 30-406, supplemental regulations.
m. Walk-up windows for food or beverage service, provided that such activities do not violate
other provisions of the City Code.
n. Waste containers, subject to screening provisions as required elsewhere in the City Code.
(2) Design standards for new buildings.
a. New buildings shall be compatible with the general architectural character of the
surrounding buildings in terms of setback, orientation, height, scale, massing, materials,
and colors. New buildings shall not:
1. Disrupt an existing pattern of setbacks along a street;
2. Disrupt an existing pattern of buildings being oriented toward a street; or
3. Result in disproportionate height, scale, or massing relative to the surrounding
buildings.
(3) Design standards for exterior alterations and additions to existing buildings.
a. Exterior alterations and additions to existing buildings shall be compatible with the
architectural character of the building being altered or added to in terms of setback,
orientation, height, scale, massing, materials, and colors. Exterior alterations and additions
shall not:
1. Remove, materially alter, or obscure significant character -defining features such as
parapets, cornices, belt courses, corbels, quoins, and patterned brickwork;
2. Remove, materially alter, or obscure non -storefront wall openings in a manner that
disrupts an existing wall opening pattern on a public -facing building elevation;
3. Reduce or expand non -storefront wall openings to fit replacement windows or doors,
except for minor shimming; or
4. Replace double -sash windows or divided light windows with windows consisting of a
single, undivided light.
b. Exterior alterations and additions to existing buildings shall be compatible with the general
architectural character of the surrounding buildings in terms of setback, orientation, height,
scale, massing, materials, and colors. Exterior alterations and additions shall not:
1. Disrupt an existing pattern of setbacks along a street;
2. Disrupt an existing pattern of buildings being oriented toward a street; or
3. Result in disproportionate height, scale, or massing relative to the surrounding
buildings.
Height, area, width, density, 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)
Maximum density: None.
(5)
Minimum setbacks:
a. Front yard: None.
b. Rear yard: None.
Page 3 of 4
c. Side yard: None.
(6) Minimum open space: None.
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
Page 4 of 4