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
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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
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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
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Created by: Development Services
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February 17, 2022
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Planned Development Amendment - South Side Farms
Property along South West End Boulevard south of Shawnee Parkway
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Requested Rezoning:
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to the PD (Planned Development) District
Future Land Use Recommendation: Low & High Density Residential
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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
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,! 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
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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.
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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 "
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V�� Description of Planned Development Parcel
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,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
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CI j ��¢a !F parcel conveyed to Liberty Apartments of Cape, LLC in Document 2020 - 06984;
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-► "�.� 3 .07l�` A parcel conveyed to Second Missionary Baptist Church in Document 2014 11607;
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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.
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All of Lot #6 of Block #4 of Gibone Hauck's
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„ co y Third Subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2, at Page 12.
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a P O I �1 t ALSO:
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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.
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ALSO:
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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.
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PD REFERENCES
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L.L" 1. Record Deed(s) to the Subject Parcel were conveyed in Document 2020 at Page
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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.
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Plans for Missouri Highway'74' AKA Shawnee Parkway
coo .y -z 4. Cape Girardeau Count Assessors files for Subject and Adjacent Parcels
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B IMINARY PD PLAN NOTES
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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.
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2. DIMENSIONS INDICATED HEREON ARE FROM A COMBINATION OF
DEED SOURCES, RECORD PLATS, PRIOR SURVEYS, AND COUNTY
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PARCEL DATA, AND ARE SUFFICIENT FOR GENERAL /
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QUALITATIVE REVIEW AND ASSESSMENT PURPOSES.
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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
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INFORMATION WILL BE DEVELOPED AND PRESENTED IN FINAL
5
U' DEVELOPMENT PLANS.
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- •T —� '. SIGNIFICANT ADDITIONAL DETAIL AND INFORMATION
RELEVANT OTHESE PLANS ARE PRESENTED IN THE
:. _.... - . �,. �_ - f;� � ` . � -. • • , ,.,. _ • �. � -;'` ACCOMPANYING NARRATIVE TEXT.
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PIP,
DEVELOPMENT USE KEY
Prix
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� 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
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y���" F = PROPOSED ROW -CROP / VEGETABLE PLOT AREA
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'�` JUNIOR ACHIEVEMENT VOCATIONAL TECHNOLOGY FINANCIAL
LITERACY, ETC. & TECHNICAL SKILLS TRAINING (WELDING, O =PROPOSED 5,000 SF GREENHOUSE OR HIGH TUNNEL
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w L:. �< COOKING, PLUMBING, ELECTRICAL, ETC.) H = PROPOSED 1,800 SF FARM MANAGER'S / MAINTENANCE BUILDING
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-_ - 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)
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= PROPOSED PUBLIC PARK
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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.
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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,
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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
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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.
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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
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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.
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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:
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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
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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
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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.
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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.
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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)
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