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HomeMy WebLinkAboutOrd.5531.04-18-2022 BILL NO. 22-58 ORDINANCE NO. 553/ AN ORDINANCE APPROVING THE AMENDED PRELIMINARY DEVELOPMENT PLAN OF SOUTH SIDE FARMS, FOR A PROPOSED URBAN FARMING COMMUNITY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1. The Amended Preliminary Development Plan of South Side Farms, for a proposed urban farming community, in the City of Cape Girardeau, Missouri, is hereby approved. A copy of said Amended Preliminary Development Plan is attached hereto, and is incorporated herein by reference. ARTICLE 2 . City officials are hereby directed to sign the Amended Preliminary Development Plan of South Side Farms, with the date of Council approval, and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS 18th DAY OF April , 2022 . c(-) N-....LO Stacy Kindei���,jayor ATTEST: 4,2M4 Bruce Tayl , Deputy City Clerk t o. ., m- CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1432 LOCATION: Beaudean Lane Rezoning & Amended Prelim. Dev. Plan STAFF REVIEW & COMMENTS: South Side Farms, LLC is requesting to rezone property along Beaudean Lane from the R-2 (Single-family Urban Residential) district to PD (Planned Development) district and to amend the Preliminary Development Plan. SEE STAFF REPORT FOR FURTHER INFORMATION 2-143 IL City Pl er 61 Date City Attorney Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City ate Planning & Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: 12/12/18 RECOMMENDED ACTION: Favor Oppose Abstain Melissa Stickel Favo Oppose Abstain Scott Blank Ll ❑ ❑ ❑ ❑ Kevin Greaser Abstain ❑ ❑ Derek Jackson ❑ ❑ Patrick Koetting ❑ ❑ ❑ Nick Martin ❑ LiVOTE /❑ COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Kevin Greaser Planning & Zoning Commission Chairman City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance 1St Reading_ Ordinance 2nd & 3 Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Favor Oppose Abstain Melissa Stickel ❑ ❑ Ld Ed Thompson ❑ ❑ ❑ Sid Whittington Ll ❑ ❑ Deborah Young ❑ ❑ Oppose Abstain Kevin Greaser Planning & Zoning Commission Chairman City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance 1St Reading_ Ordinance 2nd & 3 Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Planned Development Amendment - South Side Farms Property along South West End Boulevard south of Shawnee Parkway 1 1 \ A/ 1 d / d I 1 P 1 1 •_ e -Wo -Mal lIMS 0MNr.OIli RtV61:Sli.7, I" .jj �7 1 23 7 Requested Rezoning: from the R-2 (Single-family Urban Residential) District Collegegt to the PD (Planned Development) District Future Land Use Recommendation: Low & High Density Residential 40 shawnee Pkwy 820 • I Parcel being added to the Planned Development District ' 826 82 71 m W N I 12 �6U 2561256 12521 125 • 12521 M V QQ1260 1248 •1'260 '1248 1 6412641260 124 248 •1'2564 $1264 12401240124 W� E 8 .1244 •124 • S 1232 -_ 1 19. --- --------- \ 1133 .11330 11331123 1135 1123 1123 1133 •1128 1109•1109 1123 •1145 1135 • 1109 •1,x,35 .1135 1125 •1 t9 25 01135 1131.11.25 •11 125 • 1151 •1125 1151 • 1151 • '11"51 •1151 1153 1153 •1153 53.1153F 835 611 0 '-�°`, CITY CAPE -e-G G 1 R A R D E A U Created by: Development Services Carol Peters February 17, 2022 629 ` J02 100 Vlnut:st qlo 1013 Legend QArea to be Rezoned Parcels Zoning District c1 PD R2 R3 R4 Planned Development Amendment - South Side Farms Property along South West End Boulevard south of Shawnee Parkway 1 \ A/ 1 ,. , , r , 1 d1IU diU1I vvdI11UL 01.Idel. d[IU DeduUedll LdrlC 012 7 1 23 1 17 .5 5 Requested Rezoning: from the R-2 (Single-family Urban Residential) District to the PD (Planned Development) District Future Land Use Recommendation: Low & High Density Residential Shawnee Pkwy 820 r• 7 826 e • 82 Y I 5 m II W W N 12561-6561256 • 12521 Vl.�264IA2 125` 1252125n 1260 II1. X60 1248-1248 641260 1248 248 '16 N $1264 12 01240124 WE8 01244 1246' S 1232 College St 629 Parcel being added to the Planned Development District 717 J c 1133' a 11133• 1133 123 Walnu 1123 11'33 1133 '11'29 11 231 1123109 1145 1135 110J • •1109 •11,33 .1135 1125 •11.09 3,t 01135 11 •11.23 •1.1125 1151 •1125 1151 • 1151 • •11'+ • '1151 1153 1153 • '1153 53.1153 835 CITYOfCAPE GIRARDEAU Created by: Development Services Carol Peters March 29, 2022 Legend Area to be Rezoned Parcels FLU Recommendation D2 High Density Residential 0 Institutional 0 Local commercial 0 Low Density Residential D 0 Parks, Recreation, Open Space rME Al,- ,! 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 Hwy 74 and West End Blvd. Applicant Property Owner of Record (if other than Applicant) St. Francis Real Estate Foundation Mailing Address City, State, Zip Mailing Address City, State, Zip 211 St. Francis Dr. Cape Girardeau MO Telephone Email Telephone Email 573-331-5124 jwilferth@sfmc.net Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Jimmy Wilferth Type of Request 0 Rezoning ❑ Special Use Permit ❑ Both Existing Zoning District Proposed Zoning District (Rezoning requests only) R2, R4, C1 Planned Development Legal description of property to be rezoned and/or upon which the special use is to be conducted See attached Describe the proposed use of the property. See attached. Application continues on next page OFFICE USE ONLY Date Received & By �(�/ 42File # 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 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 comme any use or w the property. roperty 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 behal , and t at the Prop n r(s) of Record hereby agree to the above certifications. 2 - 9- 2 2 - App icant Signature and Printed Name Date Revised 12/06/2019 Description of PI nned Development Parcel All of Outlot 45 of United States Private Survey Number 2199 lying South of the South line of Shawnee Parkway, Ea t of Ea t line of South We t End Boulevard, and We t of the We t line of Beaudean Lane, excepting the following: A parcel conveyed to Liberty Apartment of Cape, LLC in Document 2020 — 06984; A parcel conveyed to Second Mis ionary Bapti t Church in Document 2014 —11607; A parcel conveyed to the Mi ouri Conference -Seventh Day Adventi t in Document 299-335; And A parcel conveyed to the Iowa Mi our! Conference As ociation of Seventh Day Adventi t in Document 1362-416. ALSO: All of a tract of land in Outlot #52 of United State Private Survey Number 2199, Town hip 30 North, Range 13 Ea t, in the City and County of Cape Girardeau, Mi ouri, conveyed to the Saint Franci Foundation Real E tate LLC in Document 2020-15371. ALSO: All of Lot #6 of Block #4 of Giboney Houck' Third Subdivi ion in the City of Cape Girardeau, Mi our!, a shown by plat recorded in Plat Book 2, at Page 12. ALSO All of Lot #4, #5, and #6 of Block #12 of Giboney Houck's Third Subdivi ion in the City of Cape Girardeau, Mi ouri, a hown by plat recorded in Plat Book 2, at Page 12. ALSO: All of Lot #1, #2, and #3 Larling Subdivi ion in the City of Cape Girardeau, Mi ouri, a hown by plat recorded in Plat Book 9, at Page 16. Proposed Use The South Cape Farm is a vision of the St. Francis Hospital Foundation that will transform an underdeveloped collection of parcels located south of Shawnee Parkway and East of West End Blvd. into a state-of-the-art urban farming community with additional uses including the following: • An agricultural production /teaching facility (see more detail below). • A "Ballpark Village" facility, with a restaurant, event space / meeting rooms, and coffee/cafe lounge. This facility will be multi-purpose, and include a market with a and internet cafe showcasing the locally grown food produce, staffed ,by local residents, which will also provide jobs for local residents of the community. The market will have a traditional indoor space and will use open air market stalls on a seasonal basis. • Early Years Childcare facility (0-3 years) in partnership with the East Missouri Action Agency. • Traditional residential units for mixed income groups including detached single-family homes and townhouses (home ownership model), and apartments for Supportive Housing Units (homeless) in partnership with CP SEMO. • An educational facility consisting of Junior Achievement Academy / CTC facility, with instruction including a broad variety of technical, managerial, financial, and life skills topics. • A potential police Substation within the PD district • A Healthcare clinic, Saint Francis Clinic South Cape is envisioned to be located within the planned development, however the final location of this facility has not been determined, and it may even be included in an adjacent parcel to be acquired and added to the PD district at a future time. AMENDED PRELIMINARY DEVELOPMENT PLAN PLANNED DEVELOPMENT DISTRICT For SOUTH SIDE FARMS Cape Girardeau, Missouri PREPARED FOR: The St. Francis Foundation c/o: Mr. James Wilferth, VP of FOUNDATION 211 SAINT FRANCIS DRIVE Cape Girardeau, MO 63703 w01:IWil7z197:3A Koehler Engineering & Land Surveying, Inc. 194 Coker Lane Cape Girardeau, Missouri, 63701 Phone: 573-335-3026 March 11, 2022 APPLICANT: The Saint Francis Foundation, c/o Mr. James Wilferth, VP of Foundation 211 Saint Francis Drive Cape Girardeau, MO 63703 573-331-5133 2. PROFESSIONAL CONSULTANTS: CIVIL ENGINEERING: Christopher Koehler, PE, PLS Koehler Engineering and Land Surveying, Inc. 194 Coker Lane Cape Girardeau, Missouri 63701 ckoehler(a)koehlerengineering.com 573-335-3026 LEGAL CONSULTANT: St. Francis Healthcare System Corporate Counsel Mr. Daniel Schuenemeyer, Esq. 211 Saint Francis Drive Cape Girardeau, MO 63703 573-331-3000 3. LEGAL DESCRIPTION OF SUBJECT PROPERTY: Description of Planned Development Parcel All of Outlot 45 of United States Private Survey Number 2199 lying South of the South line of Shawnee Parkway, East of East line of South West End Boulevard, and West of the West line of Beaudean Lane, excepting the following: A parcel conveyed to Liberty Apartments of Cape, LLC in Document 2020 — 06984; A parcel conveyed to Second Missionary Baptist Church in Document 2014 — 11607; A parcel conveyed to the Missouri Conference -Seventh Day Adventist in Document 299- 335; And A parcel conveyed to the Iowa Missouri Conference Association of Seventh Day Adventist in Document 1362-416. ALSO: All of a tract of land in Outlot #52 of United States Private Survey Number 2199, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, conveyed to the Saint Francis Foundation Real Estates LLC in Document 2020-15371. ALSO: All of Lot #6 of Block #4 of Giboney Houck's Third Subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2, at Page 12. ALSO: All of Lots #4, #5, and #6 of Block #12 of Giboney Houck's Third Subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2, at Page 12. ALSO: All the Lots #1, #2, and #3 Larling Subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 9, at Page 16. 4. ADJACENT PROPERTY OWNERS: SEE APPENDIX 1 ATTACHED HERETO 5. CURRENT ZONING AND PRESENT USE: The subject property is presently located within the city limits of Cape Girardeau and is Zoned R-2 (Single Family Urban Residential District) and PD (Planned Development District). The adjacent properties to the north (north of Shawnee Parkway), west (across West End Blvd), and east (east of Beaudean Lane). are all zoned R-2, Single Family Urban Residential District. The adjacent properties west of Beaudean Lane, South of Walnut Street, and East of S. West End Blvd., are all zoned R-4 (Medium Density Multifamily Residential District), except for the Cape Heritage Manor Apartments complex (located south of the proposed PD District and east of S. West End Blvd.), which is presently zoned C-1, General Commercial. Exhibit 1 attached hereto reflects the zoning of the subject and all adjacent parcels. The property is largely undeveloped, with only three residential structures and a few out buildings located on the property. The site does have infrastructure in the form of adjacent streets and has Walnut Street running east -west through the site. The site is presently served by multiple potable water lines, sanitary sewer lines, and storm sewer facilities. This property's terrain is rolling with a mix of open grass land and wooded areas. The property is bordered on the west by the Shawnee Park Complex (across S. West End Blvd.), on the north by Shawnee Parkway, on the East by Beaudean Lane and the Liberty Apartment Complex, and on the South by the Cape Heritage Manor Apartments, the Southeast Missouri Halfway House, Inc. (Gibson Recovery Center), and the Missouri State Alternative School. 6. MAP DELINEATING THE EXISTING PHYSICAL CHARACTERISTICS OF THE SITE: An exhibit showing the existing site conditions of the subject property, together with an aerial photograph of the property, is included with this Preliminary Development Plan. The following list describes what is shown on the existing site conditions exhibit or the aerial photograph: a. Topography at contours not more than five feet: Contours at one -foot intervals are shown on the attached exhibit PD 1.0. b. Slopes of fifteen percent or more: This data can be determined based on the contours supplied on the attached exhibit. C. Property boundary lines and dimensions, available utilities and dimensions, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property: Shown on the attached exhibit if applicable. Note there are no rail lines on or adjacent to this property. The property lines, utilities, dimensions indicated are from record information and/or GIS data obtained from Cape Girardeau County and the City of Cape Girardeau, and are approximate, but deemed adequate for representational and rezoning purposes. Exact dimensions of each parcel, and all utilities and easements will be developed and presented in detailed development plans which will be prepared once the PD process has been approved. d. Watercourse, drainage ways, sinkholes, groundwater recharge areas, ponds, lakes and bodies of water. Shown on the attached exhibit if applicable. There are no known sink holes, ponds or lakes located on this property. There is a principal drainage way which runs from Shawnee Parkway southwesterly through the site to the east line of S. West End Blvd., just north of the Cape Heritage Apartment Complex. e. A generalized description of vegetation and tree cover. The majority (70%) of the subject property is wooded / brush covered. Approximately 5 to 10% of the site presently has residential buildings or lawns. The balance of the site is in rolling fields with pasture type grasses. Vegetation cover is shown on the attached aerial photograph supplied as a part of the PD exhibit 1.0. f. Marshes and floodplains, including the delineation of the 100 -year floodplain: No portion of the proposed PD District falls within a 100 -year floodplain. A riparian corridor an average of 50 feet in width would be maintained each side of the principal drainage feature described in paragraph d above, with the limits of this corridor mapped in conjunction with the City of Cape Girardeau Public Works Dept. Consultation with this office has already begun and will continue throughout the development process. g. Drainage patterns: Drainage on this site generally flows to the south and southwest sides of the property, except that the most western section drains southeasterly toward the drainage ravine noted in paragraph d above. These drainage patterns are evident from the contours shown on the attached exhibit. The drainage will generally leave the subject property through a culvert under West End Blvd. at the most southwesterly corner, other than a small amount of water which may sheet flow from the southeast corner of the site after development is complete. The drainage patterns which exist will generally be maintained, and the site development within the PD will be in conformance with the City of Cape Girardeau's Stormwater Management Ordinance. It is anticipated that stormwater detention will take place in multiple areas, and that the ponds noted in the agricultural area will be a principal location / retention and water quality feature. Additionally, smaller basins, underground detention, or other stormwater management and treatment facilities are anticipated to be associated with the other development uses noted on sheet PD - 2.0. h. Other physical features that may affect the development of the property: None known. 7. MAP DEPICTING EXISTING DEVELOPMENT OF SUBJECT PROPERTY AND APPROPRIATE ADJACENT PROPERTY: The existing site is vacant other than three residential structures which will be demolished in due course as the development proceeds. Existing streets, property lines, water mains, and storm and sanitary sewers have been shown on the existing site conditions exhibit referenced in Item 6. There are multiple gravity sewer mains serving the site as indicted on the plan, which range in size from 8 inches to 21 inches in diameter. The City of Cape Girardeau has existing 6", 8", 4 1 P ig and 12" PVC watermain running along the streets in the project area, as indicated on the PD plan sheet, and existing storm sewer drains are located along Southern Expressway, Walnut Street, and S. West End Blvd. Easements are not depicted graphically on the plan, however a 55' easement is known to exist along the main sanitary sewer trunk line running on the east side of the drainage ravine noted in paragraph 6. The developer is working with the City staff to definitively locate this easement, and the proposed development will be adjusted to accommodate this easement, and it is probable that a portion of this easement may be requested to be released in lieu of better access to the line location to be provided by the development. See PD Exhibit sheet PD -1.0 for more detail regarding this item. 8. WRITTEN STATEMENT GENERALLY DESCRIBING PROPOSED DEVELOPMENT: The South Side Farms is a vision of the St. Francis Hospital Foundation that will transform an underdeveloped collection of parcels located south of Shawnee Parkway and East of West End Blvd. into a state-of-the-art urban farming community with additional uses including the following: Y An agricultural production / teaching facility (see more detail below). Y A "Ballpark Village" facility, with a restaurant, event space / meeting rooms, and coffee/cafe lounge. This facility will be multi-purpose, and also include a market with a and internet cafe showcasing the locally grown food produce, staffed by local residents, which will also provide jobs for local residents of the community. The market will have a traditional indoor space, and will use open air market stalls on a seasonal basis. Y Early Years Childcare facility (0-3 years) in partnership with the East Missouri Action Agency. Y Traditional residential units for mixed income groups including detached single-family homes and townhouses (home ownership model), and apartments for Supportive Housing Units (homeless) in partnership with CP SEMO. Y An educational facility consisting of Junior Achievement Academy / CTC facility, with instruction including a broad variety of technical, managerial, financial, and life skills topics. Y A potential police Substation within the PD district Y Space for a community park is being provided west of the residential units, and east of the Jr. Achievement / CTC facility. Y A Healthcare clinic, Saint Francis Clinic South Cape is envisioned to be located within the planned development, however the final location of this facility has not been determined, and it may even be included in an adjacent parcel to be acquired and added to the PD district at a future time. The agricultural portion of the project is the keystone of the community, and is envisioned to utilize greenhouses, hydroponics, aquaponics (fish), conventional vegetable and fruit farming, open land aeration, and similar techniques to produce a high volume of produce in limited space. The project also anticipates some livestock production on site including a small flock of chickens (no roosters, a maximum of 100 chickens) for egg production, goats for milk and cheese production (no meat production, a maximum of 50 goats), and a bee apiary for locally produced honey and crop pollination (a maximum of 10 bee hives). The project also anticipates a possible future off- site campus which could supply fresh meat (beef, pork, mutton, etc.), to the marketplace. Agricultural ponds and livestock areas will be fenced for protection of the public. 5 1 P a g c These uses identified above will be on the presently identified parcels reflected on the exhibits PD -1.0 and PD -2.0, but may also be constructed or expanded upon adjacent parcels as they become available and can be acquired. The project has multiple goals, including: Y To employ and train local residents in a capacity to empower them with marketable skills and techniques that will assist them to improve their standard of living and the living standards in the south Cape Girardeau area as a whole. This is the principal and driving goal to which all others are subsidiary. This is intended to be a life transforming facility with long term, generational impacts. Y The project area is a federally designated "Food Desert". This project will provide high quality, healthy produce and food to the community at large, and the local residents in particular. Y To create a locus for interaction and cultural exchange that can foster a better understanding and greater integration of the societal structure in Cape Girardeau and Southeast Missouri. Site planning in the development is being designed to adapt to the site conditions. Proposed agricultural areas will utilize the rolling terrain in the southwestern portions of the site. The combined Ballpark Village, marketplace and restaurant will be located on the western limits of the site, south of Walnut Street, fronting on South West End Blvd., and west of and adjacent to the main agricultural uses. The frontage on Walnut Street will provide ready access to local residents and community members. The Junior Achievement / CTC educational facility are to be located in the northwest corner of the site, fronting on West End Blvd and north of Walnut Street. The Early Childhood facility will be located in the Northeast corner the PD District, west of Beaudean Drive but accessed from the interior street for safety and easy access from and close proximity to the residential units. The residential units will be north of Walnut Street and west of Beaudean Drive, except for one apartment building which will be located east of Beaudean Drive. The residential community will be located adjacent to the proposed community park for the convenience of the residents. The architectural design of improvements constructed within the planned development must be approved by an Architectural Control Committee (ACC) with a minimum of five members taken from the St. Francis Foundation (or their appointees) and community leaders from the south Cape Girardeau community. A variety of architectural styles following a consistent theme is anticipated, utilizing only high quality materials and finishes. Proposed private covenants and restrictions ("CCRs") are being prepared for the development, and will be submitted at a future time with the Final Development Plan documents. At the present time, development parcels are intended to be held by the St. Francis Foundation, with properties provided on a lease basis only, with fee simple ownership held by the Foundation, except for the housing components which will be conveyed to a MHDC compliant developer. As other sites are developed, such as the Jr. Achievement / CTC site, they will likely be conveyed to an appropriate organization for future operation, such as the Cape Girardeau Public School System. Other organizations may be selected as appropriate for the use. 9. MAP AND WRITTEN DESCRIPTION OF PROPOSED PLANNED DEVELOPMENT: An exhibit showing a preliminary site plan for the planned development has been included with this Preliminary Development Plan. Some buildings have been sited, however these 61ha��e locations may be shifted or altered as the final development plans are prepared, and additional buildings may be added as well. The following list provides written descriptions of the features of the project and notes what is shown on the preliminary site plan exhibit: a. A general land use plan with a description of the type, location, and nature of land use within each area of the development.- The evelopment. The area north of Walnut Street and East of the drainage ravine, except for the out -lot parcel in the extreme NE corner (parcel #25 on sheet PD -1.0), is planned for a park to be made available to the City of Cape Girardeau. East of the park is the planned housing site with 12 single family attached housing units (two 6 -unit townhouse buildings) and 14 single family detached housing units. The housing will also include a combined community building and early childhood facility (0 to 3 years) located near the northeast corner of this site. Just south of and across the parking lot from the community building will be an 8 unit single bedroom apartment building (supportive housing units) will be located south of the early childhood facility. Eight two-bedroom apartment units will be located on the northeast corner of Walnut St. and Beaudean St. Access to all the housing units and community building will be from private drives as shown on the plan, except for the two single family houses fronting on Beaudean Ln., and for the apartment unit on the NE corner of Beaudean and Walnut, which will access directly from Walnut. A proposed private street in a 44' access and utility easement, constructed to City of Cape Girardeau standards, is proposed to connect from the North side of Walnut Street at a point approximately 200 feet west of the centerline of Beaudean Lane. The private street will extend northward to an east -west cross street, and then extend northerly to the north end of the single family residential units and the community / early childhood building. The east -west cross street will extend 150 feet east of the main access drive, and westward approximately 300 feet to a hammerhead turn -around. The townhouse units will have bay parking at a rate of at least 1.5 spaces per unit. The residential units will have driveway parking with sufficient parking to stack a minimum of one car beyond the limits of the sidewalk. The townhouse and single family detached units will be setback a minimum of 20 feet from the easement line, and the single family detached units will have 3 feet side yard setbacks (minimum). A preliminary layout of these improvements is indicated on Sheet PD -2.0. The area at the northeast corner of Walnut and South West End Blvd. is planned for the Junior Achievement / CTC facility. This facility is modeled on a similar facility in St. Louis, Missouri, except that the facility is planned to be reduced from approximately 30,000 square feet to 20,000 square feet to be more in line with our region and market needs. This facility will be operated, and may ultimately be conveyed wholly to, the Cape Girardeau Public School System. There is additional property east of this site for future expansion or related purposes. The area on the southeast corner of Walnut and South West End Blvd. Is planned for parking and the Ballpark Village. This facility is expected to leverage the location directly opposite the Shawnee Parks Complex community building and sports fields, and is expected to operate at least seasonally to serve the public utilizing the park facilities. The Village anticipates one to two restaurant spaces, configurable indoor space that may be used as dining, meeting, or market space, and outdoor seating as well. This area will also include potential internet cafe and produce market space. This facility envisions a significant portion of pedestrian or walk-in traffic, and as part of this submission we are 71Pa�e planning to add a mid -block crossing of West End Blvd. at the location indicated on PD - 2.0. This crossing will be coordinated with the City Public Works Dept., and will include proper advance signage and delineation. As this use is multi-purpose, and will change over time, and as a significant portion of the clientele is expected to be pedestrian, the proposed parking requirement for this use is to be set at one space for every 200 square feet of gross building area. The area east of the Ballpark Village is intended to be utilized for Agricultural purposes. These purposes were previously discussed in item 8 on page 5 of this submission. There are three small lots located along the east side of Beaudean (Parcels #20, 20, and 25 on exhibit PD -1.0), which currently do not have fully determined uses. These uses would not be residential, except that a single family detached residence is being considered for one parcel for a farm manager's residence. Other uses which are under consideration but not fully located that could be placed on these parcels include the health clinic and possibly the police precinct building, if it is not combined into one of the other apartment buildings or the community building. b. A proposed traffic circulation concept which illustrates both external and internal trafficways related to the development, including proposed rights-of-way, travel lanes and other transportation improvements: Roads are as shown on the preliminary site plan exhibit PD -2.0 submitted herewith. Most facilities will access directly from existing public roadways (Walnut, South West End Bldv., or Beaudean Ln.), and existing pedestrian walks already exist along both sides of Walnut Street and South West End Blvd. New private roadways are planned which will be designed in accordance current with City of Cape Girardeau Engineering Standards except where through parking areas as noted in the preceding section 9.a. Sidewalks will be furnished along at least one side of all new private roadways. Traffic on the main entry roadway and cross -street roadway will allow residential units access to the adjacent public roadway of Walnut Street at a point approximately 200 feet west of Beaudean. Additional opportunities will be sought as each individual project area develops to provide more sidewalks both around and through sites, to facilitate pedestrian transit to and through the entire site. c. A generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, management of storm water runoff and similar essential services: Water service: A new 8" potable water line is planned to be constructed along the north side of the southern portion of the private drive, which will provide service to the single family detached housing and the townhouse units along this street. An additional 8" potable line is planned to be constructed along the east side of the north -south portion of the private street, which will serve single family units, the community building / Early Childhood facility, and the 8 unit single bedroom apartment building. These are the only two significant water mains planned, although short mains may be extended to the other facilities to maintain compliance with fire code requirements for provision of fire flow, hydrants, and fire department connections in proximity to final building locations. The two principal mains, with associated hydrants, are indicated on the accompanying PD -2.0. Other facilities will access existing mains in adjacent street right of ways. 81taa��� A private well for non -potable water purposes (irrigation, fish tanks, etc.), is planned for the agricultural area as well. This well will be permitted and constructed in accordance with current MDNR requirements. The proposed well location is indicated on the accompanying exhibit PD -2.0. Sanitary sewer service exists along the south side of Walnut Street east of the ravine (12" dia.), and a 18" to 21" diameter trunk sewer flows along the east side of the ravine. A new main line will be extended into the agricultural area from the 18" line south of Walnut. This line will also serve the Ballpark Village facility. An new main will also extend east from the main on the north side of Walnut to serve the residential development area. A third 8" sanitary sewer main is planned to connect to the existing 21" main along the east side of the ravine, run westerly to serve the community Jr. Achievement / CTC facility. The proposed locations for these sanitary sewer lines are indicated on the accompanying exhibit sheet PD -2.0. Electric and gas both exist along South West End Blvd. Gas service runs the length of Walnut Street, and electric runs along the south side of Walnut Street to a point approximately 200 feet west of Beaudean Lane. The electric along South West End Boulevard is 3 phase and the electric along Walnut Street is single phase. Contacts have been made with Ameren UE, and the developer has received assurances that Ameren has adequate capacity and facilities to serve the new PD facilities. Extension of these utilities will be coordinated with their respective utility companies and shown on final improvement plans. Trash collection for all single family detached residences and townhouse residences in the proposed development will be provided by the City of Cape Girardeau Public Works Solid Waste and Recycling department. Each single-family residential unit will have separate trash and recycling bins to be collected by the City on scheduled trash days. All apartments and other non-residential uses will have separate, private trash collection. Storm water runoff management will be provided in accordance with City of Cape Girardeau ordinances. It is anticipated that each separate aspect of the development (Trade school, market, early childhood center, etc. will provide a separate facility, although if final development plans allow, some facilities may be combined). d. A generalized landscape plan for the development, including buffer and perimeter area: The PD development will maintain large percentages (over 40% in aggregate) of green space. A riparian corridor will remain in place along the drainage ravine which runs through the site. Additionally, landscape elements will be incorporated into each individual site use meeting, at a minimum, city of Cape Girardeau ordinance requirements. The project does ask for a waiver of the buffer yard requirements between the agricultural use and the residential properties located along the south and east lines of the proposed agricultural area. It is felt that the agricultural uses substantially meet the intent of the buffer yard requirements, and that a further restriction is not warranted. A delineation and description of the minimum open space area, including buffer and perimeter areas: 9 10 The PD as presently envisioned will exceed current Cape Girardeau Ordinances for greenspace. The overall development will maintain a minimum of 40% open or green space. The PD will provide a minimum parking lot greenspace of 15%. This calculation will be based upon the total of green space provided by all parking lots, calculated individually based on the current City of Cape Girardeau Ordinance, but summed for the purposes of determining overall site compliance. e. A description of screening adjacent to existing residential areas: The PD District joins residential zoning in two locations, along Beaudean Ln and the west line of Liberty Apartments. The area along Beaudean Lane will be used for residential purposes, consistent with the existing adjacent uses. In the area along the west side of the Liberty Apartment project, the adjacent use will be agricultural, with some agricultural type buildings. There will be no buildings within 50 feet of any existing apartment building, and the plans for the buildings and other uses in this area will be reviewed and approved by the owner of the Liberty Apartment complex. The tree planting within the right of way / easement of this street will meet the current City of Cape Girardeau requirements. The adjacent use at the southern most section of the development (Cape Heritage Manor Apartment) is mutli-family residential, but the zoning is commercial (C-1). The PD will maintain a minimum green space of 50 feet adjacent to this area. f. A sign plan that coordinates the size, location, and illumination of proposed signage within the development: A sign plan for each aspect or use area of the development will be provided with the Final Development Plan(s) for such area, where applicable. TABULATION OF THE FOLLOWING INFORMATION: a. The approximate total number of dwelling units proposed, by type of structure and approximate number of bedrooms for multifamily units: Type: Single-family detached Type: Townhome / Attached Single Family: Type: Multifamily (apartments) No. of dwelling units/bldgs. prop: 12 to 16 No. of dwelling units proposed: 10-14 No. of buildings proposed: 2-3 No. of dwelling units proposed: 14-18 No. of bedrooms proposed: 20-28. b. The approximate total square feet of building floor area proposed for each general type of nonresidential uses: Junior Achievement / CTC Building Police Substation: Approximately 20,000 Sq. Ft. Approximately 600 Sq. Ft. 10 Early Childhood Center / Community Center Building (Combined): 1 Bedroom Apartment Building 2 Bedroom Apartment Building Ballpark Village Building Greenhouses (3 to 4, combined) Farm Management / Maintenance Bldg Approximately 4,000 Sq. Ft. Approximately 3,000 Sq. Ft. (Ground) Approximately 4,600 Sq. Ft. (Ground) Approximately 8,000 Sq. Ft. Approximately 15,00020,000 Sq. Ft. Approximately 1,800 Sq. Ft. c. The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential and nonresidential uses including types of structures, streets, public and private open space, and off-street parking and loading areas: Uses: Area Ac. % of Total: Agricultural Use (Incl. Ballpark Village): 7.12 38% Apartments 0.73 4% Jr. Achievement 2.86 15% Townhouses 0.61 3% Single Family Detached 2.10 11% Road Right of Ways / Esmts. 0.93 5% Early Childhood / Clubhouse 0.79 4% Open Space / Undefined 0.66 3% Park 3.06 17% Total: 18.86 100% d. The proposed number of off-street parking and loading spaces for each proposed type of land use: The South Side Farms development is unique to the City of Cape Girardeau, and we are proposing parking requirements which are based on a combination of the City Code and similar facilities where possible. Each of the uses, and the parking required, is provided in the following paragraphs. The agricultural farm area (exclusive of the Ballpark Village facility) is expected to employ up to 10 persons. Since a stated purpose of the farm is to serve the local community, it is expected that a significant percentage of the employees of the farm and the market, will walk to work. The farm proposes to provide six to eight designated parking spaces near the maintenance building for the purposes of the farm workers. 11IPage The one -bedroom apartments will be provided with a minimum of 1.0 off street spaces per unit. The two-bedroom apartments will be provided with a minimum of 1.5 off street spaces per unit. The Jr. Achievement / CTC building is modeled off a similar facility in St. Louis, MO. That facility provides 4 bus spaces and 75 parking spaces. This building is 2/3 the size of the St. Louis building, and we are proposing to maintain the number of bus spaces, and provide 2/3 of the number of conventional spaces. The three-bedroom townhouses will be provided with a minimum of 1.5 spaces per unit. The two-bedroom townhouses will be provided with a minimum of 1.5 spaces per unit. The Clubhouse / Early Childhood building will provide spaces in full conformance to the City of Cape Girardeau code. The single family detached homes will each have a driveway for off street parking that will accommodate a minimum of one vehicle, without encroaching on the sidewalk. The Ballpark Village facility is expected to employ 10 to 20 persons. The clientele of the market is expected to be roughly 60% pedestrian and 40% vehicular, with much of the clientele walking from Shawnee Park. It is also anticipated that the majority of the employees will walk from the adjacent residential areas. Depending upon the final breakdown of restaurant and meeting room space, the current City Code would require approximately 80 to 100 parking spaces, including one loading space. Due to the special nature of the facility and the large percentage of pedestrian clients and staff anticipated, the PD plans to provide 1/3 to'/z of the typically required amount of parking spaces. This will be modified as the final plans for the building are completed, and the ratio of 0.33 to 0.5 spaces per the code requirement will be maintained (at a minimum), and this will be reviewed with City Staff to ensure a comfort level is achieved for the final parking count to be provided. The Foundation and their development partners reserve the right to modify the layout within each phase until a Final Development Plan is approved for such phase by the City, which can still be amended upon approval by the City. Subject to such reservations, it is anticipated that construction will take place in up to four phases. The first phase will include all of the residential components, and the combined community building / early childhood facility. Construction for these buildings would commence in 2022, subject to a successful MHDC housing application. The order of the final phases has not been completed, but based upon current plan, the next phase would be the agricultural component. This component would be designed and built out over a period of one to three years, depending upon funding. 121Pa�� The Junior Achievement / CTC facility would be a standalone phase, which could come at any time in the total project timeline, as funding and buy in from stakeholders is achieved. An anticipated schedule would be within one to two years of the approval of this PD application. The final phase is expected to be the Ballpark Village. This phase would likely be constructed in the 3 to 5 year timeframe from PD approval. The preceding is the developer's best estimate at present, but available funding, community participation, or partner desires could expedite or delay any particular phase. 12. TRAFFIC IMPACT ANALYSIS: South Side Farms will potentially add as many as 40 to 45 new residential units which will ultimately access existing Walnut Street and South West End Blvd. The agricultural use and market will generate trips which will be to and from Walnut Street. Parking areas for the Ballpark Village are planned to be accessed from Walnut Street and the proposed private street connecting Walnut and South West End Blvd. No direct access, other than pedestrian, is anticipated from South West End Boulevard for any part of the PD. The total number of trips and peak number of trips to be generated by each use of this planned development was determined using Institute for Transportation Engineers (ITE) data, with the following categories used where no defined category was available. Residential - Categories 210, 221, and 230 Early Childhood - Category 565 (Daycare) Jr. Achievement - Category 522 (Middle / Junior High School) Ballpark Village /Market - Combined with market restaurant for 8,000 SF total of high turn- over sit down restaurant space (Category 932) Market Space/ Meeting - Combined 4,000 sf market space with 4,000 sf of meeting room from Ball Park Village as ITE Category 826, specialty retail. Based upon the summary data, the entire development components noted above would be expected to generate approximately 2,035 total trips per weekday. An additional 75 trips could be added to account for the agricultural workers trips and any trips to the clubhouse building, for a total of 2,100. Due to the pedestrian volume anticipated, the total trips would be estimated to be reduced by a minimum of one third, making the daily trip total for vehicles 1,400 VPD. Many of the uses above have non -coincident peak hours, and a reasonable assumption would be a 25% peak factor applied to either the AM, PM, or Noon Peak, with the remaining trips distributed through the remaining hours. A peak traffic load from the entire development would then be taken at 350 VPH, or 6 VPM. 131Pagc Travelshed direction would be assumed to be split roughly 50% east and west on Walnut Street, for 700 VPD in each direction. The traffic distribution on South West End Blvd. would generally be directed from Walnut Street North. The city traffic count numbers for South West End Blvd. were found to be 4,752 VPD (2016 data). No traffic counts are available for Walnut Street, however traffic observed on this street is presently minimal. Based on the Highway Capacity Manual (6th Ed.) for Level of Service D/E for South West End Blvd., the street has a capacity of 18,300 VPD. The addition of 700 VPD will still have the street at less than 1/3 of its operational capacity. Based upon the preceding data, the traffic impacts from the proposed development are within the capacity of the adjacent roadway system, and will not reduce the functional classification of any of the impacted roadways. Additional data from ITE trip generation software is attached hereto for reference. 13. LAND DISTURBANCE AND FLOODPLAIN MITIGATION: Because the size of the proposed development is over one (1) acre, a land disturbance permit is required from the Missouri Department of Natural Resources (MoDNR). A permit will be on file with the City prior to the beginning of construction. 14. STORMWATER MANAGEMENT PLAN: The agricultural component of this development lends itself to stormwater management and treatment through the use of aquaculture, rainwater recapture, irrigation, and good farming practices. It is anticipated that a combination of these measures will be used in the agricultural area to ensure compliance with the City of Cape Girardeau's Stormwater Management Ordinance. To the extent that the amount of detention and volume of treatment can exceed the ordinance requirements, this would be utilized to offset or decrease the storage and treatment requirements for other phases or aspects of the development, particularly the Ballpark Village Site. Subject to any identified available credit developed within the agricultural development framework, each aspect or phase of the development will meet the current City of Cape Girardeau Stormwater ordinances through a combination of surface and sub -surface detention and treatment facilities. All drainage would be expected to discharge into the ravine located across the site, and from there be conveyed to Cape LaCroix Creek. Additional detailed measures and analysis will be provided in the final design to address water quality issues in accordance with the City of Cape Girardeau Development Code. CONCLUSION: The developer realizes that this planned development contains variances from the standards set forth in the Development Code. These variances are specifically authorized by Section 30- 341(b) of the Municipal Code and are essential to creating the unique design that the St. Francis Foundation envisions. Additionally, this development will provide a significant enhancement of this section of the City of Cape Girardeau, meets the spirit of the Development 141ha��e Code, and will be a major benefit to the City by offering city residents greater employment, housing, educational, recreational, and lifestyle opportunities. It is the sincere belief of the applicants that this planned development district will enhance the living conditions of the local residents and the City as a whole. 15 ra L11 1 2 3 , •V Y � ' R _ tY �I .. r.. ..,. .. ;>�J'.�.r S•Y"". t*, _... r. ,. �, .... ,.. 1.- .1 tom. 71- , i� i, , - \ HAWI�EE PARKWAY AKA MO STATE - BEET ti - - AR S T J. a - R V ,U II �� _, I I I _ _ MAPLE STRDD EET i wnra- - 1 M AMENDED PLANNED DEVELOPMENT EXHIBIT OF SOUTH SIDE FARMS PART OF OUTLOTS # 45 and 52 OF UNITED STATES PRIVATE SURVEY 2199 TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIRTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. N 0 S North Orientation In Accordance with the Missouri State Plane Coordinate System Eastern Zone, Grid North, Derived from GPS Observations From the MoDOT Virtual Reference System GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 1 inch = 100 ft. " DEVELOPMENT DESCRIPTION " IC 4W Q — — rr V�� Description of Planned Development Parcel I - rte/ .. l ,r■ �N U T m • : y All of Outlot 45 of United States Private Survey Number 2199 lying South of the South line of Shawnee Parkway, East of East line of South West End Boulevard, and West of the West line of Beaudean i �• WA 4 S T I' ,P- T =v ,,.� L L r Lane, excepting the following: VV 0 CI j ��¢a !F parcel conveyed to Liberty Apartments of Cape, LLC in Document 2020 - 06984; I O r _ _ ..,,� aft A I S51'1 1 f ' �,� P N f' a.. - -► "�.� 3 .07l�` A parcel conveyed to Second Missionary Baptist Church in Document 2014 11607; - -, A parcel conveyed to the Missouri Conference -Seventh Day Adventist in Document 299-335; 84.009 ` '• .• - • � �\� '� � �� And A parcel conveyed to the Iowa Missouri Conference Association of Seventh Day Adventist in Document 1362-416. P I I Al ��, �� _ a ALSO: �F%•; y t'�" All of a tract of land in Outlot #52 of United States Private Survey Number 2199, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, conveyed to the Saint Francis Foundation Real Estates LLC in Document 2020-15371. ri �-00, 1O p r, ALSO: All of Lot #6 of Block #4 of Gibone Hauck's ,. „ co y Third Subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2, at Page 12. r } 4 a P O I �1 t ALSO: w All of Lots #4, #5, and #6 of Block #12 of Giboney Houck's Third Subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2, at Page 12. O ALSO: • rr- All of Lots #1, #2, and #3 Larling Subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 9, at Page 16. 4 �— y z % PD REFERENCES O L.L" 1. Record Deed(s) to the Subject Parcel were conveyed in Document 2020 at Page I 15371, 2020 at Page 14913, and in Document 2021 at Page 02841, all held in the name of St. Francis Foundation Real Estate. I 2 Deeds o D h n > i , f Adjacent Properties as noted hereon. '' "a.� f �. - _ ►- - �� � 757 .•� • , _,;,- F � � 3. Plans for Missouri Highway'74' AKA Shawnee Parkway coo .y -z 4. Cape Girardeau Count Assessors files for Subject and Adjacent Parcels p Y 1 1 _J _J Cp GV t ;x �— " PR B IMINARY PD PLAN NOTES F Y e. r r• '- n I 1. THIS PLAN REFLECTS THE "PRELIMINARY" PD SUBMISSION. " •a �'`�I ti �` -" ADDITIONAL DETAILS WILL BE DEVELOPED AFTER RECEIPT OF REVIEW COMMENTS FOR THIS SUBMISSION', AND REFLECTED ON ..,: ,..:.,_ t. I s �`# ,fit .` - F O``� \ #� I THE "FINAL" PD SUBMISSION. r 2. DIMENSIONS INDICATED HEREON ARE FROM A COMBINATION OF DEED SOURCES, RECORD PLATS, PRIOR SURVEYS, AND COUNTY L J PARCEL DATA, AND ARE SUFFICIENT FOR GENERAL / Yi y �"' ' � r• �{ i' � � — � QUALITATIVE REVIEW AND ASSESSMENT PURPOSES. \T,r� r , j l ST _- 3. EXISTING INFRASTRUCTURE UTILITIES (WATER, STORM SEWER, '.... SANITARY SEWER) ARE INDICATED BASED UPON GIS LAYERS OBTAINED FROM THE CITY OF CAPE GIRARDEAU. MORE DETAILED w INFORMATION WILL BE DEVELOPED AND PRESENTED IN FINAL 5 U' DEVELOPMENT PLANS. 1 r 5� r F n >1 �. y .� 4. DIRECTLY - •T —� '. SIGNIFICANT ADDITIONAL DETAIL AND INFORMATION RELEVANT OTHESE PLANS ARE PRESENTED IN THE :. _.... - . �,. �_ - f;� � ` . � -. • • , ,.,. _ • �. � -;'` ACCOMPANYING NARRATIVE TEXT. _f -- I? — - I I PIP, DEVELOPMENT USE KEY Prix r ! fir• * �� I A � I AGRICULTURAL PRODUCTION (AQUICULTURE, -' ' I e` — — — HYDROPONICS ROW CROPS PRODUCE GOATS [MILK / — `° CHEESE ONLY] CHICKENS [EGGS ONLY], APIARY). ' �- ALSO - PROPOSED FARMERS MARKET, COFFEE SHOP INTERNET CAFE, RESTAURANT, MEETING SPACE, OFFICES, AND TRAINING FACILITIES BALLPARK LINDEN — — _ ' �-� ,, VILLAGE FRONTING ON WEST END BLVD., WITH FARM ►KtE j �t TO FORK RESTAURANT MEETING SPACE AND SURVEY MONUMENT LEGEND SURVEY MONUMENTATION WILL BE PROVIDED IN THE FINAL PD PLAN ONCE FIELD ACTIVITIES HAVE BEEN COMPLETED. FLOODPLAIN NOTE THE ENTIRE LIMITS OF THE SUBJECT PROPERTY FALLS WITHIN ZONE 'X', DEFINED AS BEING OUTSIDE THE 100 AND 500 YEAR FLOOD PLAINS WITH MINIMAL FLOODING; AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031CO266E WITH AN EFFECTIVE DATE OF SEPT. 29, 2011; PROPOSED LEGEND = PD PARCEL PROPERTY LINE — = OTHER / ADJACENT PROPERTY LINE = PROPOSED FIRE HYDRANT — W W = PROPOSED 8" WATER LINES = PROPOSED SANITARY MANHOLE = PROPOSED 8" SANITARY SEWER AERIAL UTILITIES ARE NOT SHOWN FOR CLARITY. IT IS NOTED THAT THREE PHASE AERIAL ELECTRIC AND CABLE TV IS AVAILABLE ALONG THE EAST R/W OF S. WEST END BLVD., AND SINGLE PHASE ELECTRIC IS AVAILABLE ALONG THE SOUTH LINE OF WALNUT STREET. GAS MAINS ARE LOCATED ALONG S. WEST END BLVD., AND ALONG WALNUT EAST. SEE FURTHER DISCUSSION IN PD NARRATIVE. PROPOSED STORMWATER PIPING, DETENTION, AND TREATMENT FACILITIES WILL BE PROVIDED IN FINAL PLANS FOR THE DEVELOPMENT OF EACH PD ELEMENT. PLANNED DEVELOPMENT DOCUMENT NOTES _ VARIABLE VENDOR SPACE. O =LOT RESERVED FOR UNDEFINED USE -- "� PROPOSED AGRICULTURAL WELL LOCATION I = 0 -3 YR; EARLY CHILDHOOD / HEADSTART / CHILDCARE POSSIBLE PEDESTRIAN BRIDGE OVER DRAINAGE COURSE I I YEAST MISSOURI ACTION AGENCY)- �— ' PROPOSED MID -BLOCK CROSSWALK I I s ` T SUPPORTIVE HOUSING UNITS, POSSIBLE POLICE SUB -STATION O =COMMUNITY PARK . \5, y���" F = PROPOSED ROW -CROP / VEGETABLE PLOT AREA I �.. _ - _ _ L '�` JUNIOR ACHIEVEMENT VOCATIONAL TECHNOLOGY FINANCIAL LITERACY, ETC. & TECHNICAL SKILLS TRAINING (WELDING, O =PROPOSED 5,000 SF GREENHOUSE OR HIGH TUNNEL ri I w L:. �< COOKING, PLUMBING, ELECTRICAL, ETC.) H = PROPOSED 1,800 SF FARM MANAGER'S / MAINTENANCE BUILDING GO O a -_ - 12-16 UNITS DETACHED; TOWNHOMES - / =APIARY = SINGLE FAMILY 10-14 UNITS '1.. O = SUPPORTIVE HOUSING UNITS / APARTMENT (14-18 UNITS). A I = OWNED AT PRESENT, BUFFER FUTURE USE UNDEFINED `.� r� -�. \ / NOT USED PRIVATE STREET R / EASEMENT L = SINGLE FAMILY ATTACHED HOUSING (TOWNHOUSES, 10-14 UNITS TOTAL) 1A, r. I = PROPOSED PUBLIC PARK _ Yf , ) • .'1.' s t REAS INDICATED ON SHEET PD -1.0 AS WITHIN THE PD THAT ARE NOT SHADED HEREON ON SHEET PD -2.0 ARE INTENDED TO REMAIN OPEN, SUBJECT ; .Y TO RECONFIGURATION OF ADJACENT USES. 4 BUILT ON A FIRM FOUNDATION= JESUS IN THE MORNING, JESUS IN THE NOONTIME, JESUS WHEN THE SUN GOES DOWN O= SINGLE FAMILY DETACHED RESIDENTIAL AREA (1216 UNITS) O= COMMUNITY CENTER (COMBINED WITH R BELOW) O= BALLPARK VILLAGE O= OUTDOOR MARKET BOOTH SPACE O= PRINCIPAL MARKET WITH RESTAURANT AND MEETING ROOMS O= EARLY CHILDHOOD DEVELOPMENT CENTER (0 TO 3 YEARS) Q= CAPE GIRARDEAU COUNTY HEALTH CENTER Q= EAST MISSOURI ACTION AGENCY O= PROPOSED PRIVATE STREET WITH SIDEWALK O= JR. ACHIEVEMENT / CTC BUILDING Q= PROPOSED PARKING AREA A O= BUS LOADING / UNLOADING AREA d - Z 00 rA L z Of W Ov I_I_ O LL M� W 2 X LU z z Q O M ^ ^ LU I..L Q L> > z U)z = � C-0 LJ�Dt-�O �QOLL. LU ��� OLL1 -1 WOVLU �LLJ > U-) LL o LU T Q v) I_1_ 0 � � w z Q O 02 < J U U LU z 0. 0- 0 LU 0 z LU 2 Q Z O O C/5 m 1>= OWzwo I W `1 O=z21 Z, W Ill c�Oztz z=�¢Q ZzOo Q � W mW6 (Un) Z o� L/) C) ILL F,5 =oWO H0pa Q foofo U-1 Z T_ KELS PJCT NO. OWNR PJCT NO. p CA rl_ It N LU B Cr) z > SOLO N�N L.I. w SHEET NO. C 2 cM o U CHECKED BY : M U CK PD -2.0 Co~ 6 � Z Q ID L � LJJ z U) U) (D LUR J E 8_ N No 2 c) U cv c>3 0) C., � -2 ' J Z E , M m N (CNJ > Q C: Ch .0 O //�� V� � � O Z wY W �* LU Q U o U Urns U W O U) W Q Z J L z Of W Ov I_I_ O LL M� W 2 X LU z z Q O M ^ ^ LU I..L Q L> > z U)z = � C-0 LJ�Dt-�O �QOLL. LU ��� OLL1 -1 WOVLU �LLJ > U-) LL o LU T Q v) I_1_ 0 � � w z Q O 02 < J U U LU z 0. 0- 0 LU 0 z LU 2 Q Z O O C/5 m 1>= OWzwo I W `1 O=z21 Z, W Ill c�Oztz z=�¢Q ZzOo Q � W mW6 (Un) Z o� L/) C) ILL F,5 =oWO H0pa Q foofo U-1 PD EXHIBIT—PROPOSED USES -SHEET 2 OF 2 KELS PJCT NO. OWNR PJCT NO. 38156 DESIGNED BY z DRAWN BY SHEET NO. CK/ - CHECKED BY OU) CK PD -2.0 L0 U) U) > ZZ W U O U) W Q Z 0 0 z zz O F m U z U) O U O�~ Z O J � O W OJ w a 0 F w o �ji 10 a- U) w�~ o w w O Q F D z Of U) LU N N N N W N N N N N N M 00 M Q ul) Q N Q N ti Q O O O LJJ ' NA 4 L6 GO r -L Ir 0 0 0 0 0 0 0 PD EXHIBIT—PROPOSED USES -SHEET 2 OF 2 KELS PJCT NO. OWNR PJCT NO. 38156 DESIGNED BY CLK DRAWN BY SHEET NO. CK/ - CHECKED BY CK PD -2.0 PLAN DATE 4/26/2021 Cape Girardeau, MO Code of Ordinances Sec. 30-323. - R-2, single-family urban residential district. (a) Purpose. The R-2, single-family urban residential district is to provide for quality residential neighborhoods that are compact and walkable, to provide public gathering spaces, and to encourage a mix of residential designs, styles and sizes, thus creating a unique, yet cohesive neighborhood. It is also intended to conserve the residential character of existing neighborhoods in the downtown and existing areas of the city. It is designed to promote the preservation and maintenance of older single-family dwellings, while also allowing a variety of uses and density as was originally intended within the downtown area and other earlier developments within the city. It is to provide a full range of single-family housing choices and to promote a sense of community, urban vitality, and the efficient provision of infrastructure. (b) Permitted principal uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. (3) Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. (4) Public parks, playgrounds, and recreational facilities. (5) Police and fire stations. (6) 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. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (8) 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. (9) A private residence 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, 1/3 4/26/2021 Cape Girardeau, MO Code of Ordinances provided that all applicable building and safety codes are met and an occupancy permit issued therefor. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-403, supplemental regulations. (2) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. (3) Home occupations, as permitted in section 30-405, supplemental regulations. (4) Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. (5) Solar energy systems, as permitted in section 30-4101 supplemental regulations. (6) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (d) Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) Libraries, on a minimum of two (2) acres of land. (3) Cemeteries, on a minimum of ten (10) acres of land. (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) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (e) Height, area, bulk and setback regulations. (1) Maximum height: Two and one-half (21/2) stories not to exceed thirty-five (35) feet. (2) Minimum lot area: Eight thousand (8,000) square feet. (3) Maximum density: Five (5) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. (4) Minimum lot width: Sixty (60) feet. (5) Minimum yard requirements: a. Front yard.- Twenty-five (25) feet. b. Rearyard: Twenty-five (25) feet. c. Side yard: Five (5) feet. (f) 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 2/3 4/26/2021 Cape Girardeau, MO Code of Ordinances 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 § 30-323 and enacted a new section as set out herein. The former § 30-323 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, art. 7, adopted March 7, 2011. 3/3 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances Sec. 30-341. - PD, planned development district. (a) Purpose. The purpose of the planned development district is to provide for greater flexibility in the development of land that is not possible to achieve in conventional zoning districts. This district is intended to encourage a more creative and innovative design and to promote a more desirable community. The objectives of the planned development district are: (1) Promote site planning that better adapts to site conditions and surrounding properties. (2) Allow for a diversity of uses permitted and variation in uses, structures, open space and height of structures. (3) Promote the creation of open space areas and the preservation of natural features of a development site. (4) Ensure efficient and effective traffic circulation. Planned development districts can allow for flexibility in terms of density, uses and bulk regulations. These districts should be designed to lessen congestion in the streets, to secure public safety, to promote the health and general welfare of the public, to prevent the overcrowding of land, to preserve natural features, and to facilitate the adequate provision of transportation, water, sewage, schools and parks. Approval of a planned development district, also known as a "PD district," shall constitute an amendment to the zoning ordinance. Designation of a property as a PD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications. All properties receiving this designation shall for zoning purposes be identified by the letters "PD" followed by an identifying number. A development plan shall be approved in conjunction with the rezoning of a tract to the PD district. The development plan shall specify both for the project as a whole and for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The city council may include or exclude uses from the development plan, or include uses with attached conditions as appropriate, to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the PD district, the council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with other adopted plans and policies. (b) Genera/ standards. The approved final development plan shall provide detail regarding density, lot dimensions, maximum height of structures, setbacks, and the provision of off-street parking and loading spaces. No planned development district shall be allowed which would result in: (1) Inadequate or unsafe vehicular access; (2) An undue burden on public parks, recreation areas, schools, or the provision of other city services; (3) Substantial detriment to the surrounding area; or (4) Otherwise create substantial adverse impacts on the public health, safety or welfare. It shall be the responsibility of the applicant for a planned development district to demonstrate that the above factors are avoided or mitigated to a level that is acceptable to the city. Planned development districts are to be used solely for new development of vacant land or the redevelopment of existing commercial or residential uses. Planned development districts are not to be used to obtain approval for uses in existing development that are not permitted under the property's existing zoning district. Standards which vary from those contained in chapter 25, Development Code, may be approved in a preliminary development plan or final development plan. If approved, these variances 1/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances would not need approval from the board of adjustment. Any use that requires a special use permit under a property's existing zoning district may be included as a use in the planned development district if it otherwise satisfies the requirement of the special use. (c) Minimum district size. The minimum site size for a planned development (PD) district shall be three (3) acres. (d) Application and process. An application for approval of a development plan and PD zoning may be filed by the owner of the property which is the subject of the application. Applications for PD district designation shall be processed pursuant to a three-step review process as specified in this section. The three-step process shall include: (1) A sketch plan; (2) A preliminary development plan; and (3) A final development plan. (e) Sketch plan. Prior to filing a preliminary development plan, the applicant shall prepare a sketch plan of the proposed planned development for review by the director of development services, and such other city staff as the director may desire. The director of development services shall coordinate sketch plan review of the proposed planned development. Upon completion of the sketch plan review, the director of development services shall provide the applicant with written comments with respect to the proposed planned development and shall also provide such recommendations as may inform and assist the applicant in preparing an application for approval of a PD district. (f) Preliminary development plan. The preliminary development plan is intended to provide the applicant with an opportunity to submit a plan showing the basic concept, character, and nature of the entire proposed planned development without becoming involved in the preparation of detailed development plans or engineering drawings. In order to permit the city and the applicant to proceed with some assurance, approval of the preliminary development plan binds the applicant and the city with respect to the following development constraints: (1) Categories of uses to be permitted; (2) Overall maximum density of residential uses and intensity of nonresidential uses; (3) General location of vehicular and pedestrian circulation systems; (4) General location and extent of public and private open space; (5) General location of residential and nonresidential land uses; and (6) Phasing of development. (g) Application for preliminary development plan. Upon completion of the sketch plan requirements, an application for a preliminary development plan may be submitted. Five (5) copies of applications for approval of a preliminary development plan shall be submitted to the director of development services. The application for a preliminary development plan shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the director of development services in written rules, but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a preliminary development plan: (1) The applicant's name and contact information. (2) The names and contact information of all professional consultants advising the applicant with respect to the proposed planned development. 2/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances (3) The legal description of the subject property. (4) The names and addresses of all adjacent property owners. (5) The zoning district classification and present use of the subject property. (6) One (1) or more maps at a scale of not less than one (1) inch to two hundred (200) feet delineating the existing physical characteristics of the site, including: a. Topography at contours not more than five (5) feet; b. Slopes of fifteen (15) percent or more; c. Property boundary lines and dimensions, available utilities and dimensions, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property; d. Watercourse, drainage ways, sinkholes, groundwater recharge areas, ponds, lakes and bodies of water; e. A generalized description of vegetation and tree cover; f. Marshes and floodplains, including the delineation of the 100 -year floodplain, where applicable; g. Drainage patterns; h. Other physical features that may affect the development of the property. (7) A map depicting both the existing development of the subject property and appropriate adjacent property which shows the approximate location of existing streets, property lines, easements, water mains, and storm and sanitary sewers. (8) A written statement, with supporting graphics, generally describing: the overall concept of the proposed planned development, the market which it is intended to serve; the uses included and any limitations upon uses; a description of the general architectural design or theme to be employed; building types and prototypical site layouts, if appropriate; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information pertinent to the proposal. (9) One (1) or more maps at a scale of not less than one (1) inch to two hundred (200) feet and a written description of the proposed planned development describing the following features of the project: a. A general land use plan with a description of the type, location, and nature of land use within each area of the development; b. A proposed traffic circulation concept which illustrates both external and internal trafficways related to the development, including proposed rights-of-way, travel lanes and other transportation improvements; c. A generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, management of stormwater runoff and similar essential services; d. A generalized landscape plan for the development, including the buffer and perimeter areas; e. A delineation and description of the minimum open space area, including the buffer and perimeter areas; f. A description of screening and berming adjacent to existing residential areas; and g. A sign plan that coordinates the size, location, and illumination of proposed signage within the development. (10) A tabulation of the following information: 3/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances a. The approximate total number of dwelling units proposed, by type of structure and approximate numbe for multifamily units; b. The approximate total square feet of building floor area proposed for each general type of nonresidential uses; c. The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential and nonresidential uses including types of structures, streets, public and private open space, and off-street parking and loading areas; and d. The proposed number of off-street parking and loading spaces for each proposed type of land use. (11) Construction in phases: If the planned development is proposed for construction in phases, a proposed and tentative schedule for the development of such phases shall be submitted, stating the approximate beginning and completion date for each phase, the proportion of the total public and private open space, and the proportion of each type of proposed land use to be provided or constructed during each such phase; and the overall chronology of development to be followed from phase to phase. All public improvements directly related to each phase shall be completed at the time the phase is developed. Improvements serving the proposed planned development as a whole and any adjoining area in the planned development shall be completed in a sequence assuring full utility of the planned development as a whole and all areas within the planned development. All public improvements shall also be completed so that future public improvements required by any applicable ordinances of the city are not compromised or rendered unduly difficult. (12) Traffic impact analysis: A traffic impact analysis indicating the relationship of the proposed development to traffic, road use, and development plans in the immediately surrounding areas. (h) Public notice and hearing before the planning and zoning commission. A public hearing on the preliminary development plan shall be set and conducted by the planning and zoning commission within forty (40) days of the filing of a complete application for approval of a preliminary development plan. At least fifteen (15) days' notice of the time and place of a public hearing before the planning and zoning commission shall be published in a newspaper of general circulation in the city. Additionally, a notice of the public hearing shall be posted on the subject property and letters to all adjacent property owners shall be mailed at least seven (7) days prior to the public hearing. The applicant shall pay the actual costs of all such notifications. (i) Action by the planning and zoning commission. Within forty (40) days following the conclusion of the public hearing, unless a delay is requested by the applicant, the planning and zoning commission shall transmit to the city council its recommendation that the preliminary development plan either be approved, be approved subject to modifications, or not be approved. In considering the preliminary development plan and formulating its recommendation, the planning and zoning commission shall be guided by the standards set forth in this section. The failure of the planning and zoning commission to act within forty (40) days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the denial of the preliminary development plan as submitted. (j) Public notice and hearing before the city council. A public hearing on the preliminary development plan shall be set and conducted by the city council within thirty (30) days of action or failure to act by the planning and zoning commission in accordance with the provisions of this section. At least fifteen (15) days' notice of the time and place of a public hearing before the city council shall be published in a newspaper of general 4/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances circulation in the city. Additionally, a notice of the public hearing shall be posted on the subject property and letters to all adjacent property owners shall be mailed at least seven (7) days prior to the public hearing. The applicant shall pay the actual costs of all such notifications. (k) Action by the city council. Within thirty (30) days following the conclusion of the public hearing, unless a delay is requested by the applicant, the city council shall either refuse to approve the preliminary development plan; shall refer it back to the planning and zoning commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the preliminary development plan, with or without modifications to be accepted by the applicant as a condition of such approval; provided, however, that if such plan is approved with modifications, no application for approval of a final development plan shall be filed or considered until the applicant has filed with the director of development services his written consent to such modifications. In the event the city council shall fail to act within the time limit herein specified, the preliminary development plan shall be deemed finally denied. (1) Effect ofpreliminary development plan approval. Unless the applicant shall fail to meet time schedules for filing a final development plan or plans, or shall fail to proceed with development in accordance with the plans as approved, or shall in any other manner fail to comply with any condition of this section or any approval granted pursuant to it, a preliminary development plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan or plans, by any action of the city without the consent of the applicant. (m) Land uses. Billboards and telecommunication towers may be approved in planned developments that contain commercial uses consistent with the permitted uses in the C-2, M-1 or M-2 districts. Any proposed billboard or telecommunication tower must be located within the commercial portion of the planned development with a minimum distance of 100 feet from any residential use within the planned development or residential use or district adjacent to the planned development. Additionally, any billboard proposed in a planned development must meet the standards contained in section 25-401. Any telecommunication tower proposed in a planned development must meet the standards contained in section 30-404. (n) Density. (1) For nonresidential development, the intensity of development may be regulated: a. By specifying a floor area ratio (FAR) or ratios; b. By specifying maximum square footage or gross leasable area; c. By specifying setbacks, height and bulk restrictions; or d. By a combination of the restrictions set out in subparagraph a., b. or c., hereinabove, for the project as a whole or for components or subareas within the project. In addition, nonresidential preliminary development plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other nonresidential activities. In making its determination regarding the intensity of development and appropriate performance standards, the city council may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, and the real or anticipated impact on public facilities and services (2) The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The preliminary development plan 5/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the city council may consider the compatibility of residential densities with other uses within the district as well as outside the district and the impact of residential densities on public facilities and services. (o) Bulk, area and height requirements. The preliminary development plan shall specify bulk, area, and height restrictions for the project as a whole, for subareas, and for components of the project. In making its determination regarding such restrictions, the council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, and the general character and scale of similar development within the area of the proposal. (p) Open space. Common open space shall comprise at least twenty (20) percent of the gross area of the total development. Common open space shall be used for recreational, park or environmental amenity purposes for the collective enjoyment of the occupants of the development. Of the required common open space, up to one-half (112) of it may be covered by water, floodplain, stormwater detention/retention facilities, or left in a natural state which does not violate the nuisance provisions of the city code. To the extent practicable, common open spaces shall be distributed equitably throughout the development in relation to the dwelling units which such common open space is intended to serve. The open space shall not be relegated to only isolated areas of unusable land, but shall be highly accessible, either physically or visually, to the majority of the residents of the development. Common open space shall be maintained by a property owners association or may be conveyed to a public entity which will agree to maintain the common open space and facilities, subject to city council approval. (q) Perimeter buffer requirements. Where a PD district is adjacent to an existing residential area or an area zoned for residential uses, there shall be a minimum thirty-foot wide bufferyard, which shall be free of structures or parking areas and shall be landscaped with trees and shrubs, or preserved with natural features so that the PD district is visually obscured from the abutting residential properties. All landscaping shall be maintained in a healthy, neat and weed -free growing condition. (r) Public facilities. The preliminary development plan shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities. In making its determination regarding such conditions, restrictions and standards, the city council may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and planned facilities, and the overall cost to the community. (s) Access to public thoroughfares. The preliminary development plan shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. The city council may impose such access standards and restrictions as are necessary to protect the integrity and function of the city's thoroughfare system and to ensure the safe and efficient circulation of vehicles and pedestrians within the PD district. In making its determination regarding such access standards and restrictions, the city council may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns, and the consistency with other adopted plans and policies. (t) Final development plan; purpose. The final development plan is intended to provide more detail, and to refine and implement the preliminary development plan. A final development plan may be submitted for the entire planned development or in phases as approved in the preliminary development plan. When approving 6/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances the preliminary development plan, the city council may permit review and approval of the final development plan in its entirety or for specified portions of the project by the planning and zoning commission. (1) Application. Upon approval of the preliminary development plan, the applicant shall submit an application for final development plan approval to the director of development services. The application for final development plan may include the entire area included in the approved preliminary development plan or one (1) or more stages or phases thereof in accordance with a staging plan approved as part of the preliminary development plan. The application shall contain a plan which refines, implements and is in substantial conformity with the approved preliminary development plan, and shall contain such information and documentation as shall be prescribed from time to time by the planning and zoning commission, but it shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a final development plan: a. The applicant's name and contact information. b. A legal description of the property for which final development plan approval is sought. c. The date on which preliminary development plan approval was granted. d. A preliminary plat of subdivision that includes a survey certified by a registered land surveyor. e. A tabulation of the following information with respect to the area included in the final development plan: 1. The total number of dwelling units proposed, by type of structure and number of bedrooms for multifamily units; 2. The total square feet of building floor area proposed for each general type of nonresidential use; 3. The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses and nonresidential uses, including types of structures; public and private open space; streets, and off-street parking and loading areas; and f. The proposed number of off-street parking and loading spaces for each proposed type of land use. g. A landscape plan specifying the design, description and arrangement of landscaping for all open space, buffer and perimeter areas in the PD district, including materials and techniques to be used; and a statement and plan of the proposed treatment of the buffer and perimeter areas of the proposed planned development, including materials and techniques to be used. h. When the proposed planned development, or stage thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws, or other establishing and governing documents, of such entity shall be submitted. i. Copies of any restrictive covenants that are to be recorded with respect to property included in the final development plan. j. Utility plans, indicating placement and sizes of all public utilities, as appropriate. k. A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data. 7/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances I. Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or within the planned development, and proof of the establishment and activation of any entity that is to b for the management and maintenance of any public or private common open space or service facility. m. Such other and further information as the planning and zoning commission and city council shall find necessary for full consideration of the entire proposed planned development or any stage or unit thereof. (2) Substantial conformity defined. A final development plan shall be deemed not to be insubstantial conformity with an approved preliminary development plan if it: a. Increases by more than five (5) percent from the maximum density approved in the preliminary development plan. b. Increases by more than five (5) percent the maximum floor area to be devoted to any nonresidential use. c. Increases the height of buildings by more than five (5) percent. d. Decreases by more than five (5) percent the area approved for public and private open space, or changes the general location of such areas. e. Relocates approved circulation patterns to any extent that would decrease the ability of such patterns to function efficiently, adversely affect their relation to surrounding lands and circulation patterns, or would reduce their effectiveness as buffers or amenities. f. Significantly alters the arrangement of land uses within the planned development. g. Violates any provision of the codes and ordinances applicable to the proposed planned development, or h. Departs from the preliminary development plan in any other manner which the planning and zoning commission or city council shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed planned development. (3) Action by planning and zoning commission. Within forty (40) days following the submission of a complete application for the final development plan, or such longer period as may be agreed to by the applicant, the planning and zoning commission shall review the plan with respect to its conformity to the approved preliminary development plan; with respect to the merit or lack of merit of any departure of the final development plan from substantial conformity with the preliminary development plan; and with respect to compliance of the final development plan with any conditions imposed by approval of the preliminary development plan, and with the provisions of this section and all other applicable federal, state and city codes, ordinances and regulations. If the planning and zoning commission finds that there is substantial conformity between such plans, and shall further find the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan, and with the provisions of the section and all other applicable federal, state and city codes, ordinances and regulations, it shall approve the final development plan. Planning and zoning commission action shall constitute final approval of the final development plan. 8/9 10/25/21, 10:32 AM Cape Girardeau, MO Code of Ordinances If the planning and zoning commission shall find that the final development plan lacks substantial conformity to the preliminary development plan but merits approval notwithstanding such lack of conformity, it shall transmit such plan to the city council together with its recommendation that the final development plan be approved. In any case where the planning and zoning commission finds that the final development plan lacks substantial conformity to the preliminary development plan and does not merit approval, it shall transmit such plan to the city council, together with its recommendation that the final development plan not be approved. The failure of the commission to act within the aforesaid time period shall be deemed a recommendation to the city council to deny the final development plan as submitted. (4) Action by city council. Within forty-five (45) days, or such longer period as may be agreed to by the applicant, following the action of the planning and zoning commission, or its failure to act as provided, the city council shall either refuse to approve the final development plan, shall refer it back to the planning and zoning commission for further consideration of specified matters, or shall, by ordinance duly adopted, approve the final development plan, with or without modifications, to be accepted by the applicant as a condition of such approval. The failure of the city council to act within the aforesaid time period shall be deemed a final denial of the final development plan approval. (u) Notice and recording of final development plan. Within seven (7) days following the final disposition of an application for final development plan approval, the secretary of the planning and zoning commission shall mail notice thereof to the applicant and to all city officials, departments, boards and commissions whose duties might be affected by such disposition. When a final development plan is approved, the secretary shall, within ten (10) days of its approval, file a copy of the entire final development plan in the permanent records of the planning and zoning commission. (v) Building and otherpermits. Upon, but not before, receiving notice from the secretary of the planning and zoning commission that the final development plan has been approved, and upon application by the applicant, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final development plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the city have been met which are applicable to the permit sought. (w) Adjustments to plan during development. During the construction of a planned development, the director of development services may authorize minor adjustments to the final development plan which are within substantial conformity of the final development plan, as defined in section 30-341(s)(2). (x) Amendments to final development plan. In addition to the minor adjustments authorized in the preceding section, an approved final development plan may be amended, varied or altered in the same manner, and subject to the same limitations, as any other regulation established by this section. In addition, an approved final development plan may be amended or altered pursuant to the procedures established by this section for its original approval. (y) Compliance with final development plan. The construction and operation of a planned development shall be in compliance with the approved final development plan at all times. (Ord. No. 4109, art. 2, 3-1-10; Ord. No. 4206, art. 27, 3-7-11) 9/9