HomeMy WebLinkAboutOrd.5828.2025-04-21 BILL NO 25-35 ORDINANCE NO Ra 8
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF PROPERTY
LOCATED AT 1918 NORTH KINGSHIGHWAY, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI,
FROM C-2 TO NC
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from C-2, Highway Commercial District, to NC,
Neighborhood Commercial District, and
WHEREAS, Public Notice of such change was given as
prescribed in Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and a public hearing was held on
Monday, April 7, 2025, and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri has elected to rezone the property described in
Article 1 of this ordinance from C-2, Highway Commercial
District, to NC, Neighborhood Commercial District
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS
ARTICLE 1 Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to change
the zoning from the present C-2, Highway Commercial District, to
NC, Neighborhood Commercial District, for the following
described property
1918 North Kingshighway
A tract of land being in the Northeast Quarter of the
Northwest Quarter of Section 26, Township 31 North,
Range 13 East of the Fifth Principal Meridian known as
Lot 11 of Golden Eagle Subdivision as recorded in Plat
Book 19, Page 94 in the Land Records of Cape Girardeau
County, Missouri, being more particularly described as
follows
Begin at the southeast corner of said Lot 11 of Golden
Eagle Subdivision as recorded in Plat Book 19 at Page
94, said point being on the north right of way line of
North Kingshighway (Rte 61) , thence along said right
of way line, North 54°13 ' 41" West, 218 97 feet to a
point, said point being the intersection of the north
1
right of way line of North Kingshighway and the east
right of way line of Golden Eagle Court, thence along
the east right of way line of Golden Eagle Court,
along a curve concave to the northeast having a radius
of 20 0 feet for a distance of 29 49 feet (chord
bearing North 11°59 ' 18" West, 26 89 feet) , thence
North 30°15 ' 13" East, 104 06 feet, thence along a
curve to the left having a radius of 230 0 feet for a
distance of 80 98 feet (chord bearing North 20°10 ' 01"
East, 80 56 feet) , thence leaving said east right of
way line, North 89°53 ' 55" East, 102 47 feet, thence
South 00°06 ' 05" East, 320 0 feet to the point of
beginning
ARTICLE 2 The City Council hereby finds and declares that
the property described in Article 1 of this ordinance is at the
present time particularly suitable for the purposes and uses of
the NC, Neighborhood Commercial District, and that such changes
authorized hereby are reasonable and in reasonable conformity
with the existing uses and value of the immediately surrounding
properties
ARTICLE 3 This ordinance shall be in full force and effect
ten days after its passage and approval
PASSED AND APPROVED THIS 0454 DAY OF ilpra I , 2025
)I
Stacy Kin er, ayor
ATTEST
ctio (2e, et-Ma
Tr QWWcissmue} — prat- City Clerk
'Gyle, L fanr?d
#41411 -4i4
41,1
PAND *rArs
2
Rezoning Request - 1918 North Kingshighway
. . .
Requested rezoning from C-2 (Highway Commercial District)
to NC (Neighborhood Commercial District)
I Future Land Use Recommendation. Regional Commercial
„ h" _, i .
1928
.1928 I 11
•
1928 1928
� . • • I I
1926 1928
® •1928
1915
=" II
1918
i it • • 1918
1918 •1918
', 191801918°19;18
4 ° 1918
1918191$1918 °1918
° 19018 °191
,
/
N .194 8 °1918
1918 1918
o •
1902 1
1923
�,
° O
1921 '
ti�7
.....49--.....49-- E �
\\ °.k
s Legend
Property to be Rezoned
CITYOf CAPE � , Parcels
,f GIRARDEAU 1909
Future Land Use
•
Created by Community Development
Suburban Mixed Use
Carol Peters ,
February 10, 2025 Regional Commercial '
CITY OF CAPE GIRARDEA U, MISSOURI
City Staff Review Referral and Action on Rezoning/Special Use Permit Application
FILE NO 1476 LOCATION 1918 North Kingshighwav
STAFF REVIEW& COMMENTS.
Paul James is requesting to rezone the above listed property from C-2(Hig,hwaN Commercial)to NC(Neighborhood
CommercIal). SEE STAFF REPORT FOR FURTHER INFORMATION
City Planner
1CZ4' 212-617.c"
Date
City Atto ; 0,5—'
Date
CITY AMAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION,
.. ..____ i q S'IAS
City Ma/1/ Date
Planning & Zoning Commission
Public Hearing Sign Posting Date 3-5- Z5 Public Hearing Date 3-12 -,s--
RECOMMENDED ACTION.
Far Oppose Abstain F;17 CI GI
Oppose Abstain
Trae Bertrand E:1 Gerry Jones
Scott Blank 1:7 CI GI Chris Martin el U 0
Kevin Greaser 1:3 CI GI Nick Martin ED U 0
Robbie Guard a C:I L::1 Emily McElreath D 0 C3
Derek Jackson CI GI GI
VOTE COUNT - Favor C Oppose 0 Abstain
COMMENTS.
CITIZENS COMMENTING AT MEETING.
Chris Martin
Planning& Zoning Commission Secretary
City Council Action
Posting Dates Sign Newspaper -3 2,2.-2G Public Hearing Date 4'7-2$-
Ordinance l' Reading 4-?- 6 Ordinance Td& 3rd Reading.
VOTE COUNT Favor Oppose Abstain
ORDINANCE # Effective Date.
1
7." REZONING/SPECIAL USE PERMIT APPLICATION
s CITY of CAPE GIRARDEAU
J ° COMMUNITY DEVELOPMENT DEPARTMENT 44 NORTH LORIMIER STREET CAPE GIRARDEAU MO 63701 (573)339-6327
1c,m9
Property Address/Location
1918 North Kingshighway
Applicant Property Owner of Record 0 Same as Applicant
Paul James P S James Enterprises Inc
Mailing Address City,State,Zip Mailing Address City,State,Zip
2230 Boulder Crest Drive Cape Girardeau, MO 63701 2230 Boulder Crest Drive Cape Girardeau, MO 63701
Telephone Email Telephone Email
573-450-9030 pljames30@gmail.com 573-450-9030 pljames30@gmail.com
Contact Person (Attach additional owners information,if necessary)
Paul James
Type of Request Proposed Special Use(Special Use Permit requests only)
its Rezoning 0 Special Use Permit 0 Both N/A
Existing Zoning District Proposed Zoning District(Rezoning requests only)
C-2,Highway Commercial District NC,Neighborhood Commercial District
Legal description of property to be rezoned and/or upon which the special use is to be conducted
1 Please see attachment for legal description of property
2. Please see attachment for site survey
Describe the proposed use of the property
Business and Apartments
Business use at first floor
Apartments at second floor and lower level
Application continues on next page
OFFICE USE ONLY F
Date Received&By1 r7
_rl File# , i iG MUNIS Application# �('r 41 MUNIS Permit#
Application Fee Received$ 0 Check# 0 Credit Card 0 Cash
Planning&Zoning Commission Recommendation Date City Council Final Action Date
Revised 07/01/24
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.
N/A
2) The proposed special use will not substantially increase fire hazards.
NIA
3) The proposed special use will not adversely affect the character of the neighborhood.
N/A
4) The proposed special use will not adversely affect the general welfare of the community
N/A
5) The proposed special use will not overtax public utilities.
N/A
ADDITIONAL ITEMS In addition to this completed application form,the following items must be submitted
REQUIRED _Base Application fee-$148.00 payable to City of Cape Girardeau
Planned Development rezoning only- Additional$88 payable to City of Cape Girardeau
_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 OR
information. $2.85 per adjacent property owner,if stamped envelopes are not submitted
One(1)full size copy of a plat or survey of the property,if available
One(1)full size set of plans, drawn to an appropriate scale,depicting existing features to be
removed,existing features to remain, and all proposed features such as.buildings and
structures, paved areas, curbing, driveways,parking stalls,trash enclosures,fences,
retaining walls, light poles,detention basins,landscaping areas,freestanding signs,etc.
(Planned Development rezonings and Special Use Permits only)
_One(1)set of Planned Development documents(Planned Development rezonings only)
CERTIFICATIONS
The undersigned hereby certifies that:
1) They are the Property Owner(s)of Record for the property described in this application;
2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was
granted does not commence within twelve(12) months of the approval date, unless an extension has been granted;and
3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to
commencing any use or work on the property
/ -/ .� /3/44- 1411c Z-/(/ —
Property 0 er of Record Signature and Printed Name Date
(Provide additional owners signatures and printed names in the space below, if applicable)
The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application
on their behalf,and that the Property Owner(s)of Record hereby agree to the above certifications.
L ,447z//75 -
A cant Signature and Printed Name Date
Revised 07/01/24
Property Legal Description
A tract of land being in the Northeast Quarter of the Northwest Quarter of Section 26,
Township 31 North, Range 13 East of the Fifth Principal Meridian known as Lot 11 of
Golden Eagle Subdivision as recorded in Plat Book 19, Page 94 in the Land Records of
Cape Girardeau County, Missouri, being more particularly described as follows.
Begin at the southeast corner of said Lot 11 of Golden Eagle Subdivision as recorded in
Plat Book 19 at Page 94, said point being on the north right of way line of North
Kingshighway(Rte 61), thence along said right of way line, North 54°13'41"West,
218 97 feet to a point, said point being the intersection of the north right of way line of
North Kingshighway and the east right of way line of Golden Eagle Court; thence along
the east right of way line of Golden Eagle Court, along a curve concave to the northeast
having a radius of 20 0 feet for a distance of 29 49 feet (chord bearing North 11°59'18"
West, 26 89 feet), thence North 3001 '13" East, 104 06 feet; thence along a curve to the
left having a radius of 230 0 feet for distance of 80 98 feet (chord bearing North
20°10'01" East, 80 56 feet), thence leaving said east right of way line, North 89°53'55"
East, 102 47 feet; thence South 00°06'05" East, 320 0 feet to the point of beginning
1
1
.......
-"•'-
-
_.- -
..-
-•
.....\\ ------<„, _...fil,j.
•6et. .." _. ,
0 cy
''''*'...'---,,,,,,„..,., s'\
Y 1-6
/
•,-...
...\,.............,,,,
`---.
-?.."•6dy. .. .,
- -.....'"7."
) 9 •VN, • • Oki 0 , .
1 t) • . 4/04...1 ,Iirjr e 1 )0 t,
c:.). • 4 1 --..-
....„ 0
--. 1. r.,
Air ,.,
,3,,,, / cs,,-.--:'7,-c?
ol..,, n-N •,.._:.. .440'-..•-z kcsiv
.. " .14P / *.e9;.--•
ct\ ' .,...,.•.""7 Nr;la vA 1\• '. q..)'07
,,,, '''`-\\IA c\ 0\`89,,,,,,,........ • (7 1--.. 4' -'•4z,...
cr? (7:3:roc> evo\ 1,-- • ,co ;III' t / --
1-c.)) \,\....,.\12 .1 ‘As ---- 00 i ',
,vrri . i'i.:` ,§ 1 -,..-.-..
b ', ' -1" \\ '' " f'67' 1
c.) 1 I •\ 1 ''')C;:. Ni\A) '
•-...A9 si C'' v-1'4 t--,
til 014 I -,F,9
( -0, .. ox.-A0-
-7/- / 1 f-7.• ‘,..) _.1 V,::)\• ' 70
,r/ \ , i
.1
'., / of ., (\Oe•\'' c' n
1Z) /
/ •% '• • ...' ...--1 -k*
(is. 1 e.'. 4 1
, ,,, .-11 ' Z.' ? •"
/ I
C1
• , / u-).
ils,•'- co _Ct) i
/ c
‘ ,.....;:.../
• i 0- / f V/6 8 gt op
f••-'1 kiln
, 1:-..s / , . ) i
, ..\- 144 13 C5` il• 40,2
., . 1. / ' ' -':1-i- 1 I r'Ll c;c:),„.
1
171 6 it ,\,.\f\'l I
•
tA). \,... I
040iPe
, --. L__J 01('` •9
C) 0::
•‘...,... . ,/,. ..
\\I. . .
$ .. ..
--,:r- -;'-'"---e
\ y‘
Adjacent Property List: 1918 North Kingshighway
1. 1902 N Kingshighway. Club Carwash Cape Kingshighway LLC
1591 E Prathersville Road
Columbia, MO 65202-9614
2. 1980 Golden Eagle Court: Church Enterprises LLC
619 N Broadview Street
Cape Girardeau, MO 63701-4313
3 1928 Golden Eagle Court: Linda Joyce Koch 2000 Trust
1540 Kingsbury Road
Cape Girardeau, MO 63701
4 N Kingshighway. Drury Southwest Signs Inc.
101 South Farrar Drive
Cape Girardeau, MO 63701
5 1915 Golden Eagle Court: Grey Wolf Investments LLC
2681 East Main Street
Jackson, MO 63755-2473
6 1921 N Kingshighway Unique Baby LLC
1923 North Kingshighway Suite 4
Cape Girardeau, MO 63701
7 1909 N Kingshighway K D Crosnoe LLC
1901 Oak Hills Street
Cape Girardeau, MO 63701-2933