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HomeMy WebLinkAboutCouncil.Agenda.03-07-2011.PacketCITY COUNCIL REGULAR MEETING Monday, March nth, 2011 CAPE GIRARDEAU, MISSOURI Harry E. Rediger, Mayor John Voss, Ward 1 Meg Davis Proffer, Ward 2 Debra Tracy, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Kathy Swan, Ward 6 Monday, March 7, 2011 Study Session 5:00 P.M. Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org Items for Discussion • Planning & Zoning Commission Report — Bill Hinckley • Southeast Missouri State University Project Update — Dr. Ken Dobbins • Parkwest Heights Street Repair — Kelly Green • Fruitland Annexation Petition — Scott Meyer • City Council Retreat— Scott Meyer • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session Closed Session Following Study Session Items for Discussion: • Property acquisition and confidential communications with legal counsel, pursuant to Section RS MO. 610.021(1) and (2) The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, tiring, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). City Council Agenda Page 2 March 7, 2011 Regular Session 7:00 p.m. Invocation — Rev. Bob Towner, Christ Episcopal Church Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • None Communications/Reports • City Council • City Manager and Staff Public Hearings 1. A public hearing regarding the request of Terry Allison and Susan Allison for a special use permit to operate a daycare for no more than ten children at their home located at 1341 Vantage Drive. (Agenda Item No. 15, BILL No. 11-28). Report No. 11-041 Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. • Items listed on the agenda Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. if separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. City Council Agenda Page 3 March 7, 2011 2. Approval of the following City Council meeting minutes: • February 22, 2011, reg lar session 3. BILL NO. 11-19, an Ordinance approving the Thorngate Redevelopment Corporation Final Redevelopment Plan. Second and Third Readings. Report No. 11-029 4. BILL NO. 11-20, an Ordinance approving a Redevelopment Agreement in connection with the Thomgate Redevelopment Corporation Final Redevelopment Plan. Second and Third Readings. Report No. 11-030 5. BILL NO. 11-22, an Ordinance approving the record plat of Route K North Second Subdivision. Second and Third Readings. Report No. 11-031 6. BILL NO. 11-23, an Ordinance calling an election in the City of Cape Girardeau, Missouri, on the question of issuing sewerage system revenue bonds. Second and Third Readings. BILL NO. 11-24, an Ordinance calling an election in the City of Cape Girardeau, Missouri, on the question of whether to extend the present one-quarter of one percent Capital Improvement sales tax for the purpose of funding capital improvements. Second and Third Readings. [new council report and ainended ordinance attached] ReportNo. 11-032 and 11-035 7. BILL NO. 11-25, an Ordinance authorizing the prepayment of $1,960,000 principal amount of the City's Certificates of Participation (City of Cape Girardeau, Missouri, Airport Facilities Project), 2001A, and the appropriation of funds and the provision of notice in connection therewith. Second and Third Readings. Report No. 11-033 8. BILL NO. 11-26, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding zoning. Second and Third Readings. Report No. 11-034 and 11 -03 6 9. BILL NO. 111127, a Resolution adopting the Fiscal 2011-2016 Capital Improvements Program. Reading and Passage. Report No. 11-037 10. BILL NO. 11-30, a Resolution authorizing the City Manager to execute an Agreement with Penzel Construction Company, Inc. for renovation of the Central Municipal Pool, in the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11 -03 8 City Council Agenda Page 4 March 7, 2011 11. A motion approving the improvement plans for the construction of water main, sanitary sewers and storm sewers to serve Woodland Place Subdivision Number 10. Report No. 11-039 12. Approval of a temporary retail liquor by the drink license for Jody R. Geiser, d/b/a Humane Society of Southeast Missouri, for an event to be held at the A.C. Brase Arena Building on March 26-27, 2011. 13. Conditional approval of the following new liquor licenses: • La Torita, LLC, d/b/a El Torito, 1740 Broadway, retail liquor by the drink and Sunday sales • Cafe Soupe, Inc., d/b/a Caf6 Soupe, 2502 Tanner Suite 200, retail liquor by the drink and Sunday sales • Shah Mari, LLC, d/b/a Cape Mart, 238 N. Fountain, original package liquor and Sunday sales Items Removed From Consent Agenda New Ordinances 14. BILL NO. 11-29, an Ordinance appropriating funds for transfers for the fiscal year ending June 30, 2011, in the City of Cape Girardeau, Missouri. First Reading, Report No. 11-040 15. BILL NO. 111128, an Ordinance granting a Special Use Permit to Terrence S. Allison and Susan M. Allison for purposes of maintaining and operating a daycare at 1341 Vantage Drive, in the City and County of Cape Girardeau, Missouri. First Reading. Report No. 11-041 Appointments 16. Appointment to the Board of Adjustment. Report No. 1 1-042 Other Business • None Meeting Adjournment City Council Agenda Page 5 March 7, 2011 Memos • Fruitland Annexation Petition Memo No. 11-08 • Airport Bond Financing Memo No. 11-14 • Parkwest Heights Street Repair Memo No. 11-15 • Appointments to the Girardeau Goes Green Advisory Board Memo No. 11-16 • Appointment to the Historic Preservation Commission. Memo No. 11-17 • Appointment to the Town Plaza Community Improvement District Memo No. I1-18 Advisory Board Minutes: • None PUBLIC HEARINGS Agenda: March 7, 2011 AGENDA REPORT Staff: Ken Eftink, Assistant City Manager/ Development Services Director' ' Council SUBJECT Ordinance approving a Special Use Permit for a daycare to be located at 1341 Vantage Drive EXECUTIVE SUMMARY It is the request of Terry Allison and Susan Allison for a Special Use Permit to operate a daycare at their home which is located at 1341 Vantage Drive. The property is within the R-1 (Single Family Suburban Residential) District. The requested daycare would be for no more than ten (10) children and would operate from 7:30 a.m. to 5:30 p.m. BACKGROUND/DISCUSSION This agenda item calls for the holding of the scheduled public hearing and first reading consideration of the request of Terry and Susan Allison for a special use permit to operate a daycare for no more than ten (10) children at their home located at 1341 Vantage Drive. While a home daycare with four (4) or fewer unrelated children is allowed by right as an accessory use in the R-1 District, a home daycare with more than four (4) unrelated children requires a special use permit. The Planning and Zoning Commission held a public hearing for this request on February 9, 2011. At the hearing, Susan Allison commented that she has been operating a daycare out of her home for the past three (3) years with fewer than four (4) children. However, now she desires to be able to have up to ten (10) children. Many of her neighbors were in attendance to speak for the request and to state that the Allison's keep their property picked up and in order. The neighbors added that parking has never been an issue when children have been dropped off at the beginning of the day or picked up at the end of the day. There was no opposition to the request. The Allison's also stated that they were requesting the daycare at their home because they have a special needs child that needs to be home. STAFF RECOMMENDATION Staff recommends approval of the requested special use permit. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission unanimously recommended approval of the request at their meeting February 9, 2011 on the following conditions: 1. This special use permit shall terminate in twelve (12) months upon the failure to develop the use of the land for which the special use permit has been issued. 2. This special use shall meet all applicable zoning regulations including the standards for home daycares in Section 30-408 of the Zoning Ordinance. 3. This Special Use Permit is not transferable without the consent of the City Council. 4. The daycare shall be limited to no more than ten (10) children. 5. The hours of operation shall be from 7:30 a.m. till 5:30 p.m. on Monday through Friday. ATTACHMENTS • BILL NO, 11 -28, Ordinance • Staff Review Form • Planning and Zoning Action Form • Rezoning/Special Use Permit Application • Zoning Map • Future Land Use Map • Aerial Map CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Special Use Permit/Rezoning File No.1248 Address of Property1341 Vantage Drive Staff Review and Comments: It is the request of Terry and Susan Allison for a Special Use Permit to operate a daycare for more than four (4) unrelated children at their home located at 1341 Vantage Drive. This property is located in the R-1 (Single Family Suburban Residential) District. While a home daycare with four (4) or fewer unrelated children is allowed by right as an accessory use in the R-1 District, a home daycare with more than four (4) unrelated children requires a special use permit. The future land use plan recommends high density residential uses. _It -6x,#-- (-I ` -I/ Planning Supervisor Date ...............................................................................1 City ManagWReferral to the Planning and Zoning Commission: / i anager Date .............................................................................. Posting Date for Planning and "Zoning Commission Public Hcaring: 211A \ . .............................................................................. Planning and Zoning Commission Recommendations Sea P!>...•.;n9 c.x.a Z.ov,r.,� R.,�:ov, F.cf.-. .........................................•.................................1 Posting Date for City Council Public Hearing: .............................................................................. Council Action: Favor: Oppose: Abstain Revised M7108 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of Terry Allison and Susan Allison for a special use permit to operate a daycare for no more than ten (10) children at 1341 Vantage Drive, which is located in the R-1 (Single Family Suburban Residential) District, be recommended for conditional approval. The vote count on the motion to approve was: Vote Count: Favor — 7 Oppose — 0 Abstain — 0 Date Recommendation Made: February 9, 2011 Continents: Susan Allison stated that she has been operating a daycare for fewer than four (4) children for three (3) years and is now requesting to be able to have up to ten (10) children. The neighbors commented that the Allison's keep their property picked up and in order and they were in favor of the Allison's request. There was no opposition to the request. The Planning and Zoning Commission recommended approval on the following conditions: 1. This special use permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the special use permit has been issued. 2. This special use shall meet all applicable zoning regulations including the standards for home dayeares in Section 30-408 of the zoning ordinance. 3. This special use permit is not transferable without the consent of the City Council. 4. The daycare shall be limited to no more than ten (10) children. 5. The hours of operation shall be from 7:30 a.m. till 5:30 p.m. on Monday through Friday. Citizens commenting at meeting: Terry Allison and Susan Allison, applicants. Jane Gockel, 1351 Vantage Drive, spoke in favor of the request. Marty Niswonger, 1342 Vantage Drive, spoke in favor of the request. Darlene Cowen, 1329 Vantage Drive, spoke in favor of the request. Secretary — Ralph C. Maxton City of Cape Girardeau Rezoning/Special Use Permit Application ❑ Rezoning or 01§pecial Use Permit (Please check one) SECTION A 1. Description of project: .-Fh - h rm e, a ay G a rte. 2. Street address of tract (or other location description): 1341 ✓Qi4o V Dr, rape. C�irardectu, /vtp Io37Dl c A V ,� V"J d� c 3. Names and addresses of all legal owners of tract: TeQ�,1 tea- Swr4n Allisvi� 1341 Vq,1}ar;,l D;. ca e 6 J ran dyPa U, MD 1o370 4. Present zoning classification: 5. Requested.newzoning classification: /11A 6. Requested special use: } n-hvme daycare . 7. Person handling this application (name, address, phone number): .�J 1.L56, V1 fi ��15b /t 1341 Van�c"V Dr, Cape. GirD d,^au, My b3'701 -513- 334- 4,3N 8. If tract is to be transferred, name and address of intended owner: N/A For Office Use Only: Date Received in Planning Services Office: _VV_1 t Received by: Pik Revised 9/17/10 City of Cape Girardeau Rezoning/Special Use Permit Application 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name SECTION B Date Ma6>1� /-0 -molal/ G' Legal description of tract Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office, 573- 243-3123, 73243-3123, in the County Administration Budding in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. G. All present improvements. d. All intended improvements. e. All adjoining and comering property lines and references to all owners listed in Section c. f. If requesting to rezone to the Planned Development District, please refer to the specific application requirements in Section 30.341 of the Zoning Ordinance. Revised 9/1 712 01 0 I City of Cape Girardeau Rezoning/Special Use Permit Application SECTION C List names and addresses of ALL adjoining landowners and neighbors that you have contacted directly in regard to the requested rezoning or special use permit. Include land which comers on your tract or which is across streets or alleys as adjoining properties. (This information can be obtained from the County Mapping and Appraisal Office, 573-243-3123 in the County Administration Building in Jackson.) NOTE, ....,Where. 6 rez,onin glovspe'cial use permit is requested foe.part� of.alprger platted. tract.. adjoining owners: : 46:.. co n'si de - red as those adjoining the larger,tra ct (VOTE: Ifatr'apt is owned bylhe,.,City of dape.Girardeau, an - envelope .for.the Contacted Yes No Adjoining Ll 1. Mn '4 Mrs, /M (i rJy Ms vo,,3ny" 1'3 �a 41 fir, ea)!e' (-'i%r6'-d-ed(1 A0 1d37r7 Ll » 2. M + Mrs, Jvk'i 6v(Kol _651 V'I'llogi, o" a4r� Glywy'dwl/ , '14 v (0.570 Z ❑ 3. p7r� s or3' Donald CVp)otl 4. ,d El W 5. '� a, I '+ 135 Vor)i-ac,/ 0,,' Capp. A0 63101 11 El Ll 7. Please attach additional sheets if necessary. Revised 9117/2010 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. A/j A 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. fV1A 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? SIA 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. ND 5. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Qu.al'41 ;n-hmn-e, Ltiildca., is always in jfniapj• 5,2cau)e_ r0f'- ou Y > e i5 a, bus nays, x ra care- -0 Ar +AP. ueKeep (9 - ekA,- rroyer�- tkti berm-4�3/� --he- ne;�hhn iwd. 7A� Drtrky GPnP("0 W!A— lvnrV4h1 oaf'e"+� cnn tinct ttkod;iu C'Aj Cao 'Nr +l'rY 1 Ch',Idrer , (kaLt c,�,;)dc2,.Q Aep wvr-KihG rgrenk i ✓ CVY Yun% Q. d Paymr laX�s. Zoning Map of 1341 Vantage Drive Request for a Special Use Permit to operate a daycare at 1341 Vantage Drive / Zoning: R-1 (Single Family Suburban Residential) District / Future Land Use Plan Recommends: High Density Residential / / l / 1341 Vantage Drive sted Special Use: Daycare /A Data Obtained from The City of Cape Girardeau GIS Program 1/5/2011 Legend — So-cets �••� Gly UmKs Q 1341 Ventage t.!i aura. Zoning District R.I. SINGLE FAMILY SUBURBAN RESIDENTIAL DIST. Aerial Map of 1341 Vantage Drive mr 4n Request for a Special Use Permit to operate a daycare at 1341 Vantage Drive �j ix1--- Zoning: R-1 (Single Family Suburban Residential) District Future Land Use Plan Recommends: High Density Residential e 3 I _ J 1 .20✓� it i A fi� w F •';r i ���' �'k r � � a iii �gt'1 x'}' �• � t F r s �,z �We 1' �,' 2 �Y :�i`ti % f4�* i d 'r ri" 1341 Vantage Drive \' t: Requested Special Use: Daycare 1. ,^ ro ^ » u : .. xa _ Y' Cc ^' t +' 3 � a= - P , 1 Legend — Streets Data Obtained from: The City of Cape Girardeau "City Limits GIS Program 1/5/2011 O 1341 Vantage 75 150 300 Fee Parcels Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2011 HH -229 11 REGULAR SESSION -FEBRUARY 22, 2011 1 The Cape Girardeau City Council convened in regular session on Tuesday, February 22, 2011, at 7:00 p.m., with Mayor Harry E. Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider and Kathy Swan present Council Members Debra Tracy and John Voss were absent. Reverend Debbie Thornton, of the St. James African Methodist Episcopal Church, presented the invocation, and the Boy Scouts of AmericaTroop 222 led the Pledge of Allegiance Mrs. Schneider made a motion, seconded by Mrs. Proffer, to adopt the Agenda as presented. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. Mayor Rediger recognized Jack Begley and Payton Beck, of Boy Scouts of America Troop 222, attending the City Council meeting to earn Coin in unications Badges. PRESENTATIONS Mayor Rediger presented a Proclamation to Southeast Missouri State University Football Coach Tony Samuel on his success and accomplishments during the 2010 season. The Mayor also recognized Southeast Missouri State University Athletic Director John Schaefer. City Manager Scott Meyer and Public Works Director Tim Gramling gave a presentation on the Wastewater Collection and Treatment Plant construction project and the bond and sales tax issues on the April 5, 2011, ballot to help fund the project. Mr. Meyer presented a background on the wastewater process and the new regulations passed down from the Department of Natural Resources, the proposed new plant, and the utility rate adjustments. Mr. Gramling reviewed a timeline of the project, the new treatment facility location, construction costs, and the recommendation of payment options. Mr. Meyer said that the City cannot use expected casino revenue to fund the project because the Department of Natural Resources requires a reliable revenue source. He said that he has heard of concerns regarding the impact of the expected utility rate increase on residents with fixed incomes and the City is looking into different program options to assist in those situations. The City does not have the option to ignore the Department of Natural Resources' requirements because the City would be found in violation of the settlement agreement. Mr. Lanzotti asked if the proposed treatment plant would give capacity for new development. Mr. Meyer answered that the current wastewater treatment plant is operating at 7 mgd (million gallons per day) so there is no capacity for new development now. Adequate size was included in the new treatment plant proposed for projected development. Mr. Lanzotti asked what projects are planned to help eliminate wet weather infiltration into the new sewer system, which seems to be a lot of the problem with the existing plant. Mr. Gramling said that repairs have been made to the existing system in over 8,000 infiltration locations and more repairs will be completed with this project. Mayor Rediger stated that residents need to pay close attention to their utility bills. The sewer rate is a fee based on water usage. Mrs. Proffer asked how Cape Girardeau compares with other Missouri cities. Mr. Meyer replied that the comparison would depend on whether the city had Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Frhrnary 22, 2011 HH -230 gone through bypass issues with the Department of Natural Resources already. Mr. Gramling said that he had checked into communities of similar size to Cape Girardeau and that it was hard to compare directly. If those communities have not yet received an order from the Department of ( Natural Resources, they are typically in a situation similar to Cape Girardeau. For those 4 j� communities who have received such a directive, they have seen an approximate $20 per month rate increase, with those rates further increasing over the next five years. This is a nation-wide I issue, he said, and most rates are increasing more than Cape Girardeau's expected increase. Mr. Meyer said that the City has researched rates in cities such as Joplin, Sedalia, St. Charles, and Columbia. Fifty-two communities in Missouri are addressing this issue now, or soon will be addressing it. COMMUNICATIONS/REPORTS Mayor Rediger said that he had visited the Children's Discovery Playhouse this week and invited everyone to attend the annual fundraiser on Saturday, April 30'". Since April, 20,000 people have visited the facility, over 900 annual memberships have been purchased, the toy store/gift shop has become a success, weekly educational programs are hosted, and a funding campaign has begun to add another 10,000 square feet to the second floor. He recognized Alliance Water Systems Manager Kevin Priester, and the City's Planning Supervisor Martha Brown for their extensive volunteerism at the Playhouse and thanked them for their hard work to make the Children's Discovery Playhouse a success. Mayor Rediger congratulated the Cape Girardeau Area Chamber of Commerce annual award winners Ms. Janet Esicar, Vice president at First Missouri State Bank, who received the Rush H. Limbaugh Award, and Dr. Greg Leet, of Leet EyeCare, who received the Small Business of the Year Award. The Mayor also recognized the Old Town Cape annual awards dinner recipients: the Preservation of Heritage Award was presented to Mr. Tom Kiefer, of St. Mary's Cathedral; Ms. Cindy Buchheit received the volunteer of the year award for helping on Old Town Cape's design committed Ms. Laurie Everett won the Business Excellence Award for Annie Laurie's Antiques on Broadway; and Mr. Tim Arbeiter, of the Cape Area Chamber of Commerce, received the Charles L. Hutson Visionary Award Mr. Lanzotti announced the upcoming Father -Daughter Dance on Saturday, March 5, 2011, at the A.C. Brase Arena. It is a great activity for the family. Mr. Meyer offered the City's condolences to Airport Operations Supervisor Ray Kelly on the tragic events in Scott City that claimed the life of his family members earlier today. He announced the Missouri Heritage Award will be given next Wednesday in Jefferson City to Mr. Chad Hartle for preservation of the Schultz Schoolin Cape Girardeau. I i Mr. Meyer also said that he had attended the Missouri Municipal League Conference last week f I t and visited with Representatives Wayne Wallingford and Donna Lichtenegger, and Senator Jason Crowell about the federal building and County courthouse issues. He had expressed the City's concern that they would move County offices from Cape Girardeau and the City's desire that County offices remain open to serve City residents. Mr. Meyer said they had discussed other issues, including residential sprinklers, peripheral zoning, public construction bidding legislation, fair tax, and possible billboard regulations. The City will continue to discuss these and other issues with State representatives when possible. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2011 HH -231 PUBLIC HEARINGS This being the date set for a public hearing regarding the Proposed Capital Improvements Program for Fiscal 2011-2016, the hearing was opened. Mr. Don Howard, of 1100 Ranney Avenue, appeared before the Council regarding the wastewater treatment plant included in the Capital Improvements Plan. He said that City staff knew about the compliance issue in 2006 and that no one had addressed the issue until now. City Councils have passed many tax initiatives that the City did not need, including the parks sales tax and the Transportation Trust Fund -4, and the revenue from those two sales taxes could have gone toward construction of the new wastewater treatment plant. Mr. Howard noted that many Cape Girardeau residents with fixed incomes will suffer because of the fee increase proposed. He also opposed the proposed dog park included in the Capital Improvements Plan. He asked why the City's proceeds from the casino cannot be used to pay off the wastewater treatment plant bonds and relieve the burden from the people of Cape Girardeau. There being no further appearances, the hearing wa; closed. This being the date set for a public hearing to consider the proposed Thorngate Redevelopment Corporation Final Redevelopment Plan at 1515 Independence Stree,tthe hearing was opened. Mr. Mitch Robinson, of the Cape Girardeau Area MAGNET, appeared with Mr. Kon Unterreiner, of Blair Industries, in support of the Thorngate Redevelopment Corporation Final Redevelopment Plan. Mr. Robinson said that he had been working with Mr. Unterreiner over the past year on financing mechanisms for the purchase of the former Thorngate facility. As part of the project, he had proposed the use of the Chapter 353 tax abatement that would allow a 10 -year 100% tax abatement on the real estate property tax only with no abatement of equipment taxes. Mr. Unterreiner said that in May of 2010, Blair Industries began the process of expanding operations from Scott City and moving into facilities in Cape Girardeau. They are expanding operations to increase production of different types of boxes for products from perfume to televisions. Blair Industries had looked at two properties in Cape Girardeau, and the former Thorngate location was the best fit for the production. He said the 170,000 square foot facility is usable, but substantial concrete work, remodeling and renovations will need to be done. They hope to start production by April i='. Mr. Unterreiner said that four people have already been hired and three more will be coming this week to put machinery together and prepare for production, one of whom will stay as a permanent employee. The Blair Industries general offices will be moved from Scott City to Cape Girardeau and one or two more office personnel will be hired. With full production, by the end of the year, they will have 30 to 40 employees. Most of those will be new hires. Blair Industries' long-range plans are to expand production to include packaging beyold just cardboard boxes. Mr. Robinson reviewed the Chapter 353 tax abatement regulations for the Council. The real estate tax on the existing facility based on the current value of the building will be abated for 10 years at 100%. During the I I'h year, the real estate property tax will go back on the tax rolls. No abatement will be given on personal property, which will total approximately $1 million in tax collected. Mr. Lanzotti noted that if the goal of at least 30 new jobs is not met, the tax abatement will be awarded incrementally. Mr. Robinson confirmed that this was outlined in the development Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2011 HH -232 agreement. Mr. Lanzotti remarked on comments he had received from residents who asserted that the City should not be investing in Chapter 353 tax abatements with companies already located in Cape Girardeau. Mr. Robinson responded that national polls show that between 70 and 80% of new jobs come from existing industries in the community. Because of the value of the building and the incentives offered, this location was the most feasible for the project, and those incentives are instrumental in getting new development in the area. Mrs. Schneider asked if Blair Industries would keep operating a facility in Scott City. Mr. Unterreiner answered that productions in vinyl -based packaging will remain in Scott City, and the Cape Girardeau facility will be paper box packaging. Those operations will not mix. There being no further appearances, the hearing was closed. BILL NO. 11-19 was given first reading as follows: AN ORDINANCE APPROVING THE THORNGATE REDEVELOPMENT CORPORATION FINAL REDEVELOPMENT PLAN Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 11-19. Mr. Lanzotti said that the tax abatement would total approximately $30,000 per year with Blair Leasing promising 30 new jobs at the facility. He said the Council is considering the tax abatement of $1,000 as each employee is hired. During a single month, that $1,000 of yearly tax abatement per employee will be put back into the local economy to be spent repeatedly. Mr. Unterreiner remarked that MGM and Disney will come to Cape Girardeau to view the Blair Industries facility, and that will resulting people flying into the airport, staying at local hotels, and bringing additional people and money into Cape Girardeau. Mrs. Swan stated that a provision of the application required documentation that the property is in a blighted area. The documentation provided by the Southeast Missouri Regional Planning Commission stated that property had been determined to be blighted and qualified for this tax abatement from the State. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. BILL NO. 11-20 was given first reading as follows: AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT IN CONNECTION WITH THE THORNGATE REDEVELOPMENT CORPORATION FINAL REDEVELOP- MENT PLAN. The first reading of BILL NO. 11-20 was approved upon Mr. Lanzotti's motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. CONSENT AGENDA A motion was made by Mrs. Schneider, seconded by Mrs. Proffer, to approve the following items on the Consent Agenda: City Council February 7, 2011, regular session minutes. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2011 HH -233 BILL NO. 11-15, AN ORDINANCE REPEALING SECTION 17-5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI REGARDING DESECRATION OF FLAGS. Second and third readings. BILL NO. 11-16, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SWIMMING POOL OPERATIONS AGREEMENT WITH CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, FOR THE OPERATION AND MAINTENANCE OF THE CENTRAL MUNICIPAL SWIMMING POOL, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. I1-18, AN ORDINANCE ACCEPTING PERMANENT DRAINAGE EASEMENTS AND 'TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE BRECKENRIDGE BRANCH STABILIZATION PROJECT. Second and third readings. BILL NO. 11-17, AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, CAPITAL EXPENDITURES AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2011, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 11-21, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR AN HISTORIC STRUCTURE INVENTORY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. Conditional approval ofthe following liquor licenses: • Outback Steakhouse Of Florida, LLC, d/b/a Outback 42615, 101 Cape West Parkway, retail liquor by the drink and Sunday Sales • Primo Vino, Inc., 1610 N. Kingshighway, Suite 105, retail liquor by the drink The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. BILL NO. 11-15 is ORDINANCE NO. 4196; BILL NO. 11-16 is ORDINANCE NO. 4197; BILL NO. I1-18 is ORDINANCE NO. 4198; BILL NO. 11-17 is ORDINANCE NO. 4199; and BILL NO. 11-21 is RESOLUTION NO. 2593. NEW ORDINANCES BILL NO. 11-22 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ROUTE K NORTH SECOND SUBDIVISION The first reading of BILL NO. 11-22 was approved upon Mrs. Schneider's motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. BILL NO. 1 1-23 was given first reading as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF ISSUING SEWERAGE SYSTEM REVENUE BONDS Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2011 HH -234 The first reading of BILL NO. 11-23 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. I BILL NO. 11-24 was given first reading as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, J MISSOURI, ON THE QUESTION OF WHETHER TO EXTEND THE PRESENT ONE- QUARTER OF ONE PERCENT CAPITAL IMPROVEMENT SALES TAX FOR THE PURPOSE OF FUNDING CAPITAL IMPROVEMENTS Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 11-24. Mr. Lanzotti explained the reason the sewerage system revenue bonds and the capital improvement sales tax were on this agenda and will be on the June election ballot. He said that if both issues are approved, the City is guaranteeing a voter -approved revenue stream that will qualify for municipal bonds at a cheaper interest rate. Mr. Meyer said that the City cannot secure loan with casino revenue because it is not a guaranteed revenue source. These Ordinances will place these issues on the June election ballot in the case that Cape Girardeau voters in the April election do not approve them. He emphasized that the citizens would pay the least with revenue bonds, and only with voter approval would the City qualify for special SRFbonds that are subsidized by the government at an even lower interest rate. Mr. Lanzotti noted that the '/o of 1 % capital improvement sales tax is an extension of a current tax, not a new City tax. By guaranteeing the revenue stream, the City can obtain the lower bond interest rate. Mayor Rediger stated that if voters in the April election passed the sewerage system revenue bonds and the capital improvement sales tax extension, the City would not have a June election. The original motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. BILL NO. 11-25 was given first reading as follows: AN ORDINANCE AUTHORIZING THE PREPAYMENT OF $1,960,000 PRINCIPAL AMOUNT OF THE CITY'S CERTIFICATES OF PARTICIPATION (CITY OF CAPE GIRARDEAU, MISSOURI, AIRPORT FACILITIES PROJECT), 2001A, AND THE APPROPRIATION OF FUNDS AND THE PROVISION OF NOTICE IN CONNECTION THEREWITH Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 1 1-25. Mr. Meyer noted that this Ordinance is related to the Commander Premier building at the Airport. He said that with the current bond structure, an aircraft manufacturer must occupy the building. With the refinancing of these bonds this spring, the City will remove the manufacturing restriction and market the property for aviation use, not just aircraft manufacturing. The City is moving forward with giving notice to the current tenant to either remit money owed or be removed from the facility. Mr. Lanzotti noted that the City would pay penalties if a tenant that did not manufacture aircraft had been placed in the facility prior to the call date, because the bond would be out of compliance. Mr. Meyer said that the bonds were the reason the City had previously focused on marketing the building to an aircraft manufacturer. The motion was approved uponthe following vote: Ayes, Lanzotti, Proffer, Rediges Schneider and Swan. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2011 HH -235 BILL NO. 11-26 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ZONING Mrs. Schneider made a motion, seconded by Mrs. Swan to approve the first reading of BILL NO. 11-26. Mr. Lanzotti made a motion, seconded by Mrs. Schneider, to amend Section 30-355(c)(1) Special Uses to say "first floor residential street frontage may be permitted in new construction and redevelopment projects." Mayor Rediger said that the Ordinance as amended would require first floor residential use with street frontage to be approved by a special use permit The motion to amend was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. The first reading of BILL NO. 11-26 was approved as amended upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider and Swan. Nays, none. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK. HH -236 Agenda: February 22, 2011 Staff: Ken Eftink, Assistant City Manager/ Director of Development Services SUBJECT Public Hearing for Consideration of the Thorngate Redevelopment Corporation Final Redevelopment Plan and the Ordinance Approving the Final Redevelopment Plan EXECUTIVE SUMMARY Blair Leasing has acquired the Thorngate property at 1515 Independence Street and is seeking tax abatement for 10 years with the redevelopment of this vacant industrial site and the creation of at least 30 newjobs. BACKCROUND/DISCUSSION Pursuant to Chapter 28, Urban Redevelopment, of the Cape Girardeau Code of Ordinances, the Thorngate Redevelopment Corporation has filed a Final Redevelopment Plan for the Thorngate property at 1515 Independence Street. As required by Chapter 28, a public hearing on the final plan must be held before the City Council. The Final Redevelopment Plan was provided to the Council on January 25, 2011 at which time they set a public hearing for February 22, 2011. In accordance with Chapter 28, a notice of this public hearing was published in the Southeast Missourian on February 6, 2011. A certified letter was sent to the owner of real property and to each tax district impacted by the proposed tax abatement. At this hearing any interested person and the applicant may be heard. After the public hearing the City Council may (1) Unconditionally approve the plan and, by separate ordinance, authorize the Mayor on behalf of the City to enter into a redevelopment agreement with the corporation. (2) Approve the plan subject to conditions or restrictions, and, by separate ordinance, authorize the Mayor on behalf of the City to enter into a redevelopment agreement with the corporation. (3) Require the corporation to make changes in the plan for resubmission to the Council. (4) Disapprove the plan. If the plan is approved, the Council may adopt the plan by ordinance if it finds that: (1) The redevelopment area is a "blighted area" as defined in Chapter 353 and Chapter 28. A documented blight study prepared by the Southeast Missouri Regional Planning and Economic Development Commission is included in the Redevelopment Plan. (2) The redevelopment called for in the final redevelopment plan is necessary or advisable to effectuate the purposes of Chapter 353 and Chapter 28. (3) The final redevelopment plan is consistent with the Comprehensive Plan of the City. (4) There are or will soon be housing accommodations elsewhere available for all persons who will be displaced by the redevelopment project, and that no undue hardship to such persons will be caused thereby. Note, there are no displaced persons with this project. (5) That public facilities, including but not limited to school, fire, water, sewer and police services, as well as transportation, parks, playgrounds and recreation facilities are adequate or will be adequate to service the area at the time that the redevelopment is ready for use. (6) That the proposed changes, if any, in the zoning ordinances or maps, in streets and street levels, and that the proposed street closings or subdivisions are necessary or desirable for the redevelopment and its protection against blighting influences, and for the City as a whole. The Redevelopment Agreement will be presented to the Council by separate ordinance. The agreement will require the completion of certain improvements and that 30 jobs will be provided by the developer to continue to receive the tax abatement. In any year the number of jobs falls below 30, the developer will pay $1,200 in taxes for each job under 30. FINANCIAL IMPACT The financial impact on the City, including the Library tax, as shown in the tax impact summary attached hereto is $4,478 per year or $44,781 for 10 year period. This is offset by the 30 new jobs created and the significant investment in site, building improvements, equipment and associate economic activity. The calculated impact of other taxing districts as shown in the plan is: SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS The site does contain an underground storage tank and stored oil drums that will be remediated in accordance with EPA and MDNR regulations. This remediation is one of the requirements of the development agreement. The new jobs and investment in the property will have positive social and economic impacts to the Community. STAFF RECOMMENDATION The staff recommends approval of the Final Redevelopment Plan as presented. Annual 10 year total School District $27,803 $278,030 State $201 $2,007 County Health $640 $6,401 Mental Health $515 $5,150 Senior Citizen $320 $3,197 Sheltered Workshop $515 $5,150 SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS The site does contain an underground storage tank and stored oil drums that will be remediated in accordance with EPA and MDNR regulations. This remediation is one of the requirements of the development agreement. The new jobs and investment in the property will have positive social and economic impacts to the Community. STAFF RECOMMENDATION The staff recommends approval of the Final Redevelopment Plan as presented. BOARD OR COMMISSION RECOMMENDATION This project is supported by MAGNET and had received a loan From the Southeast Missouri Regional Planning and Economic Development Commission in Perryville. PUBLIC OUTREACH A public hearing held by the City Council advertised in the.Southeast Missourian on February 6, 2011 and held on February 22, 2011 ATTACHMENTS • BILL NO. 11-19, Ordinance Approving Final Redevelopment Plan • Final Redevelopment Plan BILL NO. ORDINANCE NO. AN ORDINANCE APPROVING THE THORNGATE REDEVELOPMENT CORPORATION FINAL REDEVELOPMENT PLAN WIIEREAS, the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of Missouri, as amended ("Chapter 353"), and the Urban Redevelopment Ordinance, Chapter 28 of the City Code, as amended ("Chapter 28"), allow the City to approve development plans and grants of tax abatement in connection therewith; and WHEREAS, on January 14, 2011, the Thorrtgate Redevelopment Corporation (the "353 Corporation") submitted a development plan entitled "The Thorngate Redevelopment Corporation Final Redevelopment Plan" (the "Development Plan") to the City pursuant to Chapter 353 and Chapter 28; and WHEREAS, the Development Plan contemplates the redevelopment of the former Thorngate, Ltd. building, located at 1507 Independence Street in the City (as further described in the Development Plan, the "Redevelopment Area"), for industrial uses; and WHEREAS, pursuant to Chapter 353 and Chapter 28, the City Council held a duly noticed public hearing on February 22, 2011, concerning the approval of the Development Plan and the grant of tax abatement contemplated therein; and WHEREAS, it is desirable and in the public interest that the City approve the Development Plan so that the Redevelopment Area may be successfully redeveloped. NOW, THEREFORE, BE IT ORDAINED I3Y THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Council hereby finds and determines that: (a) The Redevelopment Area is a "blighted area" as defined in Chapter 353 and Chapter 28, and the clearance, replanning, rehabilitation, or reconstruction thereof is necessary to effectuate the purposes of Chapter 353 and Chapter 28. As documented by a Blight Study prepared by the Southeast Missouri Regional Planning and Economic Development Commission (which is attached as Exhibit C to the Development Plan), the Redevelopment Area is blighted by reason of age, obsolescence, inadequate and outmoded design, and physical deterioration, has therefore become an economic and social liability, and such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes. (b) The redevelopment called for in the Development Plan is necessary or advisable to effectuate the purposes of Chapter 353 and Chapter 28. (c) The Development Plan is consistent with the master plan and/or comprehensive plan of the City. (d) '['here are or wilt soon be housing accommodations elsewhere available for all persons who will be displaced by the redevelopment project, and no undue hardship to such persons will be caused thereby. (e) Public facilities, including but not limited to school, fire, water, sewer and police services, as well as transportation, parks, playgrounds and recreation facilities are adequate or will be adequate to service the area at the time that the redevelopment is ready for use. (f) The proposed changes, if any, in the zoning ordinances or maps, in streets and street levels, and that the proposed street closings or subdivisions are necessary or desirable for the redevelopment and its protection against blighting influences, and for the City as a whole. Article 2. The Development Plan, which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. Article 3. Approval of the Development Plan is made only for purposes of the provisions of Chapter 353 and Chapter 28 and does not constitute approval of the Development Plan for any other purposes, including without limitation any approvals necessary under any and all ordinances, resolutions, rules and regulations of the City, such as the subdivision regulations, zoning regulations and building codes. Article 4. The officers, agents and employees of the City are hereby authorized and directed to execute all documents and take such steps as they deem necessary and advisable in order to carry out and perform the purpose of this Ordinance. Article 5. The sections of this Ordinance shall be severable. In the event any section of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections of this Ordinance are valid, unless the court finds the valid sections of this Ordinance are so essentially and inseparably connected with, and so dependent upon, the void sections, that it cannot be presumed that the City Council would have enacted the valid sections without the void ones; or unless the court finds that the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Article 6. This Ordinance shall take effect and be in full force 10 clays after its passage by the City Council. PASSED AND APPROVED this day of —2011 Harry E. Rediger, Mayor (Seal) ATTEST: Gayle L. Conrad City Clerk EXHIBIT A DEVELOPMENT PLAN (on file in the office of the City Clerk) THE THORNGATE REDEVELOPMENT CORPORATION FINAL REDEVELOPMENT PLAN The Thorngate, Ltd. Building 1507 Independence Street, Cape Girardeau, Missouri 63701 January, 2011 lA INTRODUCTION This Redevelopment Plan (the "Redevelopment Plan" or "Plan') is made and submitted by Thorngate Redevelopment Corporation (the "Corporation') in anticipation of the sale of property within the redevelopment area to Blair Leasing, LLC ("Developer"), in conjunction with Blair Packaging, Inc., for the purpose of providing the City of Cape Girardeau, Missouri (the "City") with information on the proposed redevelopment of the property located at 1507 Independence Street, Cape Girardeau, Missouri 63701 (the "Redevelopment Area"). This Plan requests that the City consider the Redevelopment Area for tax abatement under Chapter 353, RSMo., Urban Redevelopment Corporation Law ("Chapter 353") and Urban Redevelopnneut Orditmnee, Chapter 28 of the City Code ("Chapter 28")- The 8")_ The Redevelopment Plau will be submitted for consideration of the City Council (the "Council') at its regular meeting on January 25, 2011. At such meeting, it is anticipated that the Council will schedule a public hearing pursuant to Chapter 353 and Chapter 28 and ultimately determine that the Redevelopment Area described in the Plan is blighted. 2.0 GENERAL r1. Introduction to the Redevelopment Plan: This Redevelopment Plan pertains to certain tracts of real property situated in the City consisting of approximately 7.798 acres, and more particularly described on Exhibit B attached hereto (the "Redevelopment Area"). The City, through the City Council, will determine whether as the result of age, obsolescence, inadequate or outmoded design or physical deterioration, the Redevelopment Area has become an econonic and social liability and whether such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes. If such conditions exist, the Redevelopment Area may be found blighted as defiled in Chapter 353 and Chapter 23. A Blight Study, detailing the factors that cause the Redevelopment Area to be blighted, is included in Exhibit C attached hereto. The City Council, as part of this Redevelopment Plan, is being asked to fonually find that the Redevelopment Area is "blighted." B. Specific Request toyFindines and Determinations_ The Corporation respectfully requests that the City grant to it all of the rights, powers and immunities provided by law pursuant to Chapter 353 and Chapter 23, including tax abatement, but NOT including the power of cminent domain. The Corporation further requests that the City Council rind and determine that: (1) The redevelopment called for in the Redevelopment Plan is necessary or advisable to effectuate the purposes of Chapter 353 and Chapter 23. (2) The Redevelopment Plan is consistent with the master plan and/or comprehensive plan of the City. (3) There are or will soon be housing aeconvuodations elsewhere available for all persons who will be displaced by the redevelopment project, and that no undue hardship to such persons will be caused thereby. (4) Public facilities, including but not limited to school, fire, water, sewer and police services, as well as transportation, parks, playgrounds and recreation facilities are adequate or will he adequate to service the area at the time that the redevelopment is ready for use. (5) The proposed changes, if any, in the zoning ordinances or pups, in streets and street levels, and that the proposed street closings or subdivisions are necessary or desirable for the redevelopment mid its protection against blighting influences, and for the City as a whole. 3.0 DEVELOPMENT PLAN A. Legal Description: The proposed 'Redevelopment Area" consists of the property that formerly housed the operations of Thorngate, Ltd, a division of Hatt, Schaffner and Marx, located at 1507 Independence Street in Cape Girardeau, Missouri. The full legal description is as follows: All of Lot L of Thorngate Subdivision, as recorded in Book 25, Page 35 of the deeds records of Cape Girardeau County, Missouri. See Exhibit B. B. 8Incs of Protect: The Redevelopment Project consists of [lie abatement of environmental issues and the refurbishing and reequipping of the former Thorngate, Ltd property located at 1507 Independence Street. The Thorngate property was vacated by'I'horagate in December 2003 and has remained vacant since. Hart, Schaffner and Marx declare([ bankruptcy and has ceased all operations in Cape Girardeau. Design plans are included as Exhibit A. The Developer, after approval of the Redevelopment Plan, will, in good faith, attempt to acquire property within the Redevelopment Area by negotiation within one hundred eighty (180) days following approval of the Redevelopment Plan. The Corporation and the Developer recognize that fee title to the property must pass through the Corporation for the requested tax abatement to occur. No demolition of buildings is being proposed. Work is expected to be completed within six months from the start of construction: C. Property to be demolished: No demolition is being proposed. D. Properly not to be demolished: All buildings with the Redevelopment Arca are intended to be used by the Developer. E. Building Renovation: The Thorngate property consists of approximately 163,909 Sq. feet and was built in sections between 1945 and 1985. A number of improvernenls need to be made, including repair of the roof to stop identified ceiling leaks, removal of an underground storage tank, the removal of stored oil drums and cheekinglreplacement of old light ballasts that possibly contain PCBs. The buildings will be renovated to accommodate manufacturing and warehousing operations of Blair Industries, Inc. F. New Construction: No new construction is being proposed at this'time. O. Open $pageL No open space is being proposed to be set-aside. H. Property t'or public agencies: No properly is being reserved for public agencies. L Zoning Changes: The property in the Redevelopment Area is currently zoned M-1, Light Industrial District. This is adequate for the future uses intended by the Redevelopment Plan. J. Subdivisions: No additional subdivisions are being proposed. K. Street Chanties: None are anticipated. L. Dwelling accommodations: No dwelling accommodations exist within the proposed redevelopment area and [tone are being proposed. M. Housioaand business relocation: No displacement of either businesses or residents will occur. Current acconunodations within the City are sufficient to serve the workers who will be employed within the redevelopment area. N. Proposed Housing: No housing is being proposed. O. Changes Outside the Redevelopment Area: None are anticipated. P. Pinanane: The estimated development cost of the total project is One Million Six Hundred Forty Thousand Dollars ($1,640;000). It is proposed that the fiords will be obtained through a combination of sources, including sharcholderlowner equity and conventional permanent loan financing. Loans have already been committed. Q. Managennent: The directors of Blair Leasing LLC are: Ronald C. Unterreiner. Douglas E. Miller F. Ellen Miller Officers of Blair Packaging, Inc. areas follows: Ronald C. Unterreiner- President Douglas E. Miller Vice President F. Ellen Miller - Secretary Herbert Graetz - Treasurer See Exhibit A for the Certificate of hicorporation. The Board of Directors and officers are expected to be active in or associated with the management of the Redevelopment Project during a period of at least one (1) year from the crate of approval of this Redevelopment Plan. It is anticipated that additional professional firms may be retained to provide specific services required. It is further anticipated that general contractors for each stage of the development will be secured on a negotiated bid basis. Should there be a change ill time persotmul who will be active in or associated with the management of the development within twelve (12) months alter enactment of the Ordinance approving this Redevelopment Plan, the Developer will disclose such new personnel when their identity is known. R. Fmineu Dennahr. No eminent domain is being requested, S. Taxes. (1) Tax abatement under Chapter 353 is sought with respect to the Redevelopment Area, and is essential to the Project. Tax abatement will be specifically used by the Developer, its successors and assigns, as follows: (a) To offset land and building costs, site clean-up and remediation costs; (b) To permit the Developer to effectively cmnpete in the competitive manufacturing marketplace considering the significant pressure from foreign imports; and (c) To offset, in part, the risks relating to private investment in the area. Due to the blighted nature of the property, the area is not as attractive for private investment as other parts of the City. (2) Tax Abatement: Pursuant to Section 353.110.2 of Chapter 353 and upon compliance with the teims and conditions of Section 28-10 of Chapter 28; all real property within the Redevelopment Area, acquired by the Corporation and conveyed to its successors and assigns and used in accordance with the Redevelopment Plan, may be granted an abatement of ad valorem real property taxes for a period of 10 years, During such 10 year period, ad valorem real property taxes will be based solely on the assessed value of the land in the Redevelopment Area, absent improvements, in the year prior to the grant of tax abatement. After the 10 year tax abatement period, the real property in the Redevelopment Area will be subject to assessment and payment of all ad valorem taxes, based on the full true value of the real property. (3) Breach Or W ithdrawal: If any portion of the real property receiving tax abatement is not used, operated, and maintained in accordance with the Redevelopment Plan and any amendments thereto, or in the event that the transferee does not desire the property to continue under the Redevelopment Plan and any amendments thereto, such portion of the real property shalt be assessed for ad valorem taxes upon the full tare value of the real property and may be owned and operated free from any of the conditions, restrictions, or provisions of Chapter 353, Chapter 28 and the ordinance approving the Redevelopment Plan, but will not constitute a withdrawal of other parcels of property from the benefits of Chapter 353. A breach of any covenant or obligation imposed by Chapter 353, or Chapter 28, by any owner will not constitute a breach by any other owner in the Redevelopment Area, and each parcel of property will be treated separately for this purpose. T. Blight Study: Attached hereto as Exhibit C is a comprehensive report prepared by'rhe Southeast Missouri Regional Planning and Economic Development Commission evidencing that the Redevelopment Area meets the requirements of state Jaw as a blighted area under Chapter 353. U. Municipal Assistance Required: The assistance of the City, which is needed by Developer is as follows: (1) Make the findings set forth in this Redevelopment Plan; (2) Enabling this Redevelopment Plan. V. Non -Discrimination: Developer, its successors and assigns, will make all facilities in the Redevelopment Area available to the general public without regard to race, religion, color, sex, national origin, or disability in accordance with all applicable laws. This section shall not be constnied as depriving Developer or any owner of property in the Redevelopment Area of the customary rights of management, the right to sell and to make leases, the right to establish rules and regulations with respect to property and areas open to the public, to close areas to the public, and to charge for such facilities; but Developer will not discriminate in the exercise of such rights on the basis of race, color, religion, sex, national origin, disability or any other trait protected by law. W. Fair Employment: Developer, on behalf of itself and any successors and assigns, acknowledges and states that the language, intent, and purpose regarding fair employment practices as presently required by applicable statute, including City ordinances, apply to the Redevelopment Plan and that it will be bound thereby and comply with the terns and spirit of said statutes. X. Transferabilityof DevelopmentRi@hts: The terms of this Redevelopment Plan shall run with the land included in the Redevelopment Area, however, no development rights will be extended to the Developer or any other entity, except as may be provided in a redevelopment agreement between the City and the Developer or other entity. The terms of such redevelopment agreement may not conflict with the terms of this Redevelopment Plan. ASSERTION OF BLIGHT The Southeast Missouri Regional Planning and Fconomic Development Commission prepared a blight study of the Redevelopment Area; a copy of which is attached as Exhibit B. This study concludes that the Redevelopment Area is blighted in its current condition. rhorugate Re v apatent Corporation Name: o �9-- . LPNt�r r Title:tear-Q L� _ TLorngate Redevelopment Cgrporation SUMMARY OF PERTINENT DATA Redevelopment Location: 1505 Independence Cape Girardeau, Cape Girardeau County, Missouri 63701 Effective Date of Blight Study: December 1, 2010 Developers of Record: Blair Leasing LLC Blair Packaging, Inc. Total Land Area: 7.798 acres Gross Building Area: Thoingate Buildings — 163,909 ft' Zoning M-1 - Light Industrial District Highest and Best Use Redevelopment for manufacturing and warehouse Real Estate Taxes $41,617.41 Blight Present Yes TABLE 1. Blair Leasing LLC CAPE GIRARDEAU, MO. ESTIMATE OF 353 REDEVELOPMENT CORPORATION IMPACT ON LOCAL TAXES Thorngate Manufacturing Facility 1507 Independence ved Tax Lei For: Levy 2010 per $100 ( Total Assm t 2010 Land and Structures Land Estimated Value Taxes 339,680 I 2010 2010 Land I On Taxes Structures Est. Rehab S 2011 Additional Est. Assm't 2012 32% Est. Addn'I Tax • 2012 Structures 100% Exempt First 10 Yrs Est Annual Taxes 2012-2021 Estimated Annual Taxes on Land 0% Exempt 2012-2021 Cape Girarceau Sch001 m 63 54.1567 5753,570 $4,518 S 26,605 $75,000 524,000 S 998 S 27,803 5 4,518 Road7Bddge 50.0000 $753.570 $0 5 - $75,000 524,000 S - S 7 S - S 201 $ - S 33 $0.0300 5753.570 S33 $ 193 $75,000 $24,000 State Cape with City Library Tax 50.6695 5753.570 $728 S 4,317 5751000 524,000 $ 161 $ 4,478 S 726 Library 50.0000 $753,570 so S - $75,000 $24,000 $ $ 5 $0.0957 $753,570 ; SIN S 617 $75,000 524,000 S 23 S 640 S 104 Co. Health Mental Heath $0.0770 5753.570 S84 S 497 $75,000 524,000 S 18 S 515. S 84 $0.0478 5753,570 $52 S 308 .$75,000 $24,000 $ 11 5 320. $ 52. Sr. Citizen Sheltered V7 S I S0.0770 $753,570 $84 S 497 $75,000 1 $24,000 S 18 S 515 5 84 Fire 50.0000 $753,570 $0 S - $75,000 524,000 S - S - S - $0.3690 $753,570 5401 $ 2,380 $75,000 524,000 S 89 $ 2,468 S 401 Surcharge TOTAL $5.5227 5753,570 $6,003 $ 35,614 $75,000. $24,000 S 1,325 $ 36,940 $ 6,003 Blair Leasing LLC Tax Impact Statement Summary 1507 Independence Cape Girardeau, MO 15071ndependence 15071ndependence Levy 100% Exempt 10 0% Exempt 10 Tax Levied 2010 First 10 Yrs Years Land Only Years For: per Est. Taxes Total Tax Abatement Est. Taxes Total Taxes To be Paid $100 2012-2021 Impact 2012-2021 Annual Abatement Annual Tax Payment Cape Girardeau School # 63 S4.1567 S 27,803 S 278.030 S 4,518 $ 45,182 Road/Brid e 50.0000 $ - S - $ - $ - State $0.0300 $ 201 $ 2,007 S 33 $ 326 Ca e with Cit Libra Tax $0.6695 S 4.478 $ 44.781 $ 728 $ 7 277 Libra $0.0000 $ - $ Co. Health 50.0957 S 640 S 6.401. S 104 $ 1 040 Mental Health S0.0770 S 515 $ 5,150 $ 84 $ 837 Sr. Citizen $0.0478 $ 320 S 3.197 $ 52 $ 520 Sheltered W S $0.0770 5 515 $ 5.150 $ 84 S 837 Fire $0.0000 $ $ $ $ Surcharge $0.3690 $ 2,468 $ 24,681 $ 401 $ 4,011 TOTAUYR $5.5227 $ 36,940 $ 6,003 TOTAL 10 YEAR $ 369,398 $ 60,030 EXHIBIT A SITE PLAN AND DEVELOPMENT PLANS CERTIFICATE OF INCORPORATION Mage Cape Girardeau Counly, Mo - For Tax Purposes Only blip:/hvww,cnugisplus.ConllA10('I�PIiCiIRAItI)I'',��U/reporl.nsp?County=MOC:APG(iIR.., 1()I15/2010 PIAT MAP Borrower. WA flie M10. CA301e3 Property Address: 15071nde p ndenw S5 eel Case NO::Thom ale CI 2Ca a 0lrardeau Sale: Mo ZI :83701 ed ttThom ate lTO � oN� n"1 ry 4u1"' Q lh � g 1 n C b ,FQ I V I a1 � SCY 1 9G 0 CZ _ _0 0)1 1 i 41 D uj 'I OFr N VNb'ISiROi ;�` � •�oe " 0 n .+1�FI p `� t ' W, oo N �- ' 'fi.(05 M Sm — ,0s1� N zR ^lA d� N� NOW C) J I O nl ,ZOO, 0 ,0s) �3113N of o'>ob PA.90%217,dacRson,M063755 573449.1444 popp@mMl.nel n nnecl ANI rtotver IA oaT�Address 15071ndeoeMance Street Cape Offm au fen- Mthn! 0,080153.. Cese Na:ThOMQate Stawmo - n�0a701 e a LTD 9 _ Q ty cii»;mN i gag o of uj AN 0 u iA3 p� t i F) � F � r 0 0 X Ob y� !l .._ .... n...ie ein ^fin �1.1I nnmRAn••M11 nnl V.U. buzi I. iau"vII.... rv„a..w 'pvno� awe.•^•�o asp m o.+vmo aao ry Hu •m =� Lim n �x 'aN^w ac am•�+'ee�z.ov n v is i.i m r�aY� �. na✓a m a�EaTIP1��b� ;Y avid P+°'vo NOV-22-2010 16:25 BRADSHM STEELEXOCHRANE Jia o.+a ur.. EFFilled! mber:807078105L2010arnahanof State v' Statement of Change of Registered Agent and/or Registered Office By a Foreign or Domestic For Profit or Nonprofit Corporation or a Limited Liability Company Inswctions This thmt is lobe uscd by tither a for profit or nonprofit corporation or a )ilni!cd liability colnpony to change either or both the MIXbf )ts reglrtcred agent and/or the addre>s of its existing registered agent. 2, There is n S10.00 fee for filing this statement. ), PO Box "toy only be uscd in conjunction with a physical street address. d. Agent and nddr0M muss be in the State of Missouri. g. 'rho corporation nlay not dct ns ill own agcm Charter 9: 1 r0086>r17 i. The name of the business entity Is 6laiLLe" 2. 'rho adJress, inchlding street and number, of its present registered office (befol'c tihenge) is Mr) aa7nt 407W-_e��nlShwaY-AMElonr----- - --� ' Ciylyrmrray J• 1 ho addn--s. inthrddng setae and number, of ns rcgi$arcd rlrmo is horeby chnnged to: _ Mt4lndependenwf20-Bmc-t30A—= ___CSpeAi[ardeatti-DdD-60.iA2�nn .—�•-- AJJNr1 IYO Btu „uy,u,ly n nroA nl cu,rinmandr ,ArAh ylgalml noel nJJn,rrl CInAYnrt/l+p 4. 'rhe name or Its present regi.atered lgern (before change) !s: R M1elrhaal HoylaGtl..._ S. 1'1+o name of the new mgistered Irgenl is: .C.r2�� Ri!Irany r --- signmarc nfy!r�) rn1siveo ugcm muss pNor below: �� `, � i• arrecL mmavur yrlyhaJl+eTccWM �+rmm o•rnm o, dJrfjrvi M (Mv+�rhb rlg+wn,.r/ 6. The Address of viamgisre::d.otl Ne and the uddreay ei the business.ollioo of is re,Qittencd a„eat, is changed, will be idantical. 7. The Ch:igc was duly authonud by the, husincss uniity, named ahovo. !n Affirm, h C;kthcc t,ucis rtn!cd nbo�c are Info and correct: (fns wu!�.Ignt crJ!n thal false stmanents mnJe in this tiling arc soblccr10 the penal ies providedvnJer Section 575.040. RSMcq f• rtalrnruu 711ia Nance and addree9 W r�turo filed docnmem• i`'nmc:.Gttil4Pd-0i11mevC� _-._�-�---..----..------ Addrrss: J113.indenefldenca PQ.6izx7-3O�----.-_—•-- State or Ml6abufi CrlangelRaelgnsnIon of Agent 1 Page(3) City. Sate, anti lip Codo:IIIIIIIIIIII�IIIII�II�IIIIIAIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIII State of Missouri. RolAn Corgi bhr, Secretary of S PIc , CarpVra"ana DIv!ston 1.0 Hor 779 r 600 iv, M-ain SL, Tim, dtTr ,Irrrwr4n Cita•, Mo 611101 - Jia o.+a ur.. EFFilled! mber:807078105L2010arnahanof State v' Statement of Change of Registered Agent and/or Registered Office By a Foreign or Domestic For Profit or Nonprofit Corporation or a Limited Liability Company Inswctions This thmt is lobe uscd by tither a for profit or nonprofit corporation or a )ilni!cd liability colnpony to change either or both the MIXbf )ts reglrtcred agent and/or the addre>s of its existing registered agent. 2, There is n S10.00 fee for filing this statement. ), PO Box "toy only be uscd in conjunction with a physical street address. d. Agent and nddr0M muss be in the State of Missouri. g. 'rho corporation nlay not dct ns ill own agcm Charter 9: 1 r0086>r17 i. The name of the business entity Is 6laiLLe" 2. 'rho adJress, inchlding street and number, of its present registered office (befol'c tihenge) is Mr) aa7nt 407W-_e��nlShwaY-AMElonr----- - --� ' Ciylyrmrray J• 1 ho addn--s. inthrddng setae and number, of ns rcgi$arcd rlrmo is horeby chnnged to: _ Mt4lndependenwf20-Bmc-t30A—= ___CSpeAi[ardeatti-DdD-60.iA2�nn .—�•-- AJJNr1 IYO Btu „uy,u,ly n nroA nl cu,rinmandr ,ArAh ylgalml noel nJJn,rrl CInAYnrt/l+p 4. 'rhe name or Its present regi.atered lgern (before change) !s: R M1elrhaal HoylaGtl..._ S. 1'1+o name of the new mgistered Irgenl is: .C.r2�� Ri!Irany r --- signmarc nfy!r�) rn1siveo ugcm muss pNor below: �� `, � i• arrecL mmavur yrlyhaJl+eTccWM �+rmm o•rnm o, dJrfjrvi M (Mv+�rhb rlg+wn,.r/ 6. The Address of viamgisre::d.otl Ne and the uddreay ei the business.ollioo of is re,Qittencd a„eat, is changed, will be idantical. 7. The Ch:igc was duly authonud by the, husincss uniity, named ahovo. !n Affirm, h C;kthcc t,ucis rtn!cd nbo�c are Info and correct: (fns wu!�.Ignt crJ!n thal false stmanents mnJe in this tiling arc soblccr10 the penal ies providedvnJer Section 575.040. RSMcq f• rtalrnruu 711ia Nance and addree9 W r�turo filed docnmem• i`'nmc:.Gttil4Pd-0i11mevC� _-._�-�---..----..------ Addrrss: J113.indenefldenca PQ.6izx7-3O�----.-_—•-- State or Ml6abufi CrlangelRaelgnsnIon of Agent 1 Page(3) City. Sate, anti lip Codo:IIIIIIIIIIII�IIIII�II�IIIIIAIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIII NOV-22-2010 16:26 BRADSHAW,STEELE,COCHRANE ARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY 7 9 STATE OFMISSOURI 1— HONORABLE MATT BLUNT MAR 2 5 2003 SECRETARY OF STATE STATE OF MISSOURI �jF� VAT P.O. BOX 778 5S8Rf JEFFERSON CITY, MO 65102 ons of the g The unders gned n ted natural Per ity Companyunder h e tcen M ssouri Limited Liabi ity purpose of forming Company Act adopt the following Articles of Organization: n 2T1 Ir. E The name of the limited liability company (which is hereinafter referred to as the "Company") is: glair Leasing, LIC. AIR'S C F The address, including street and number, if any, of the Company's initial registered office in this state Is: 2027 Broadway Cape Girardeau, Missouri 63701 and the name of its initial agent at such address is: R. Michael Howard ART1CLk RE The Latest date of Dissolution of the Company is July 31, 2053. AR 1 LE O.I0 The Company is formed for the following purposes: develop, operate, exploit, sell, (1) To acquire, own hold, improve, of, pledge, mortgage, create convey, assign, lease, exchange, transfer, dispose money upon, alone or security interests in, deal in, and loan or borrow in conjunction with othrs, real and personal property, every kind, haractter,and description or any interest thereiin; andel intangible, of NOV-22-2010 16;25 9RADSHMSTEELEXOCHRANE 573 334 2947 P.004 (2) To engage in any other business lawful and permitted for which a Limited Liability Company maybe organized under the l%assouri Limited Liability Company Act. ARTICLE FIS The name and place of residence of each organizer is as follows: Name Sheet Cihj R. Michael Howard 2557 Wild Horse Trail Cape Girardeau, MO 63701 As'�L��Fm'Ix The management of the limited liability company is vested in one or more managers. MT T( 1' -I Upon the withdrawal of a member, if there is at least one remaining member, the remaining member has the right to continue the business of the Company. Such right can be exercised only by the affirmative unanimous vote of the remaining member, within 90 days after the occurrence of a member's withdrawal, to continue the business of the Company. If not so exercised, the right of the member to continue the business of the Company shall expire. ARTICt E EIGHT For tax purposes, the limited liability company will be operating as a partnership. IN WITNESS WHEREOF, these Articles of Organization have been signed this 24th day of March, 2003. ORGANI R�: J l' L Michael How rd FILED MAR 2 5 2003 SECRETARY OF STATE -page 2- NOV-22-2010 1$:2G BRADSHAW,STEELE,COCHRANE 573 334 2947 P.006 State of Missouri SS County of Cape Girardeau ) I, a Notary Public, do hereby certify that on this 24th day of March, 2003, personally appeared before me, R. Michael Howard, who being by me first duly swom, declared that hers the person who signed the foregoing document as organizer, and that the statements therein contained are true. r \ Notary Public -Page 3- SftNeH �NONS04 uy d MLs5Aur1 C ekardeau CwrG) O'tOmmFEaten Eloto way & =4 FILED PAR 2 5 2003 SECRGT RY eFZ ST ATG NOV-22-2010 16:26 BRADSHAW,STEELEXCCHRANE No. LC0080707 OF MI SS ^ Matt Blunt Secretary of State CERTIFICATE OF ORGANIZATION LIMITED LIABILITY COMPANY WHEREAS, BLAIR LEASING, L.L.C. filed its ARTICLES OF ORGANIZATION with this Office on the 25th day of MARC1i, 2003, and that filing was found to conform to the Missouri Limited Liability Company Act; NOW, THEREFORE, I, MATT BLUNT, Secretary of State of the State of Missouri, by virtue of authority vested in me by law, do certify and declare that on the 25th day of MARCH, 2003, ed the lz thisastate andtentitled1toted anyLiability r rights granted Co Limited in Liability Campanies. IN TESTIMONY WHEREOF, I have set my hand Sand eimgrOf M ssoutthe GREEA SEAL If the he 25th day of MARCH, 2003. A4t ; $lOS.00 Secretary of State f/JS .JJ NOV-22-2010 ]6:26 BRADSHAW,STEELE>GOCHRANE File Number: LCO080707 Date Filed: 08100010 Robin Carnahan Secretary of $tate Statement 01' Change of Registered Agcnt and/or lteglstered Office By a koreign or Domestic For Profit or Nonprofit Corporation or a Limited Liability Compaoy Instn�ctions 1. This form is to be used by e{fhet a for profit or nonprofit corporation or a limited iiabiliry company to change cllher or both the nanro ul' ds reglstcrcd agent andior the address or it3 exi6ling rogisttred ugtni. 2. There i4 n 510.00 rice for thing this shltcmont. ]. Po flux naay only be u?cd in coniunction with a phYsicnl strcel address. o. Avtn! and address must be in the Stale of Mis6oun. S. The corpurodon may nor act try its awn agenr. Charier lF: S.CJXf18i1ZZS11' 1. The nbnac oflhe business entity i4 f01airyeyaing.lL 2. 'the addre84, including sweet and number, of its prebcm rtgistcred oltis:t Otforo change) is I 'f he address, inC1,4inif street and number, of its rcf ijtcmd Otice is hereby changed lo. �r—c n,vion xRp,>pl,pdrol ,rrcW 9. fhc name JI il'i preseN registered bgom (before cimnge) is', R 67ynPl 4{aKtazsL.___-- "- 4. The name of the new registered bg6nt is: A.4orir. signaurce of rVk1lie red agent roust bppcar bolow: �' h ^pmrc'i, reru+m,c r..lyinnlry cvnsutrJ rnrrni tv,,,rmr n. rldy5rur F, ;e„ .. r .gun n. eet. 0. The IddrCSS Of its lCV;slcrCdbad the bathe ndd.Css 00bt bGNllms.CN, t of!5'rW!ytCYeA 5t'ent, bit Ciwngcd, will bc. identi 7. The change %os (fifty nuthorircd by the. husiness enlify named above. ;r. Affirmaiio rt eo�rthe facts 'fitted nMwc me true and correct: ribs wd' ,fined corn that false cutemtnn outdc in fhii filing ore subjectto 4u puwlties provided under Sectioq 575.040. RSMn) ' l �� RnnAltl f: Unitl[II�n Pr .end. :ul; IAnpr4l 0 ,if SppbtcAh, tli�lrnrpn ,..frlre A4nxl ,.,,1 Ti,la Naos Ind address w neurit filed doctirecm Noma: is(Sllfl-ivli..811tmo„at .--•— --- State of Missouri Address: 'ill's Indf`oEndenr'•n-N.Ct.9gX-1 .0p-- — ( I cuanpHneagi1nlo`Gon off Awll t pnplel(13) ` City. Stela. and Llp Cedc: f M G)c [dean dLJJ Ji37A7<1�DG ._� IIIIIIIIIIIIIIIIIIIIIIIIIIIIItIIIIIIIVIII IIIIIIIIIIVIIII�IIIIII State of 1Vlissouri l` flutrin Cornalt6n, scsretary of SP+Ic Ccgwnutone nlvlglun , 1'0 Nm 17H 1 rite W. .grrrrsnn c1q, yU 6410) File Number: LCO080707 Date Filed: 08100010 Robin Carnahan Secretary of $tate Statement 01' Change of Registered Agcnt and/or lteglstered Office By a koreign or Domestic For Profit or Nonprofit Corporation or a Limited Liability Compaoy Instn�ctions 1. This form is to be used by e{fhet a for profit or nonprofit corporation or a limited iiabiliry company to change cllher or both the nanro ul' ds reglstcrcd agent andior the address or it3 exi6ling rogisttred ugtni. 2. There i4 n 510.00 rice for thing this shltcmont. ]. Po flux naay only be u?cd in coniunction with a phYsicnl strcel address. o. Avtn! and address must be in the Stale of Mis6oun. S. The corpurodon may nor act try its awn agenr. Charier lF: S.CJXf18i1ZZS11' 1. The nbnac oflhe business entity i4 f01airyeyaing.lL 2. 'the addre84, including sweet and number, of its prebcm rtgistcred oltis:t Otforo change) is I 'f he address, inC1,4inif street and number, of its rcf ijtcmd Otice is hereby changed lo. �r—c n,vion xRp,>pl,pdrol ,rrcW 9. fhc name JI il'i preseN registered bgom (before cimnge) is', R 67ynPl 4{aKtazsL.___-- "- 4. The name of the new registered bg6nt is: A.4orir. signaurce of rVk1lie red agent roust bppcar bolow: �' h ^pmrc'i, reru+m,c r..lyinnlry cvnsutrJ rnrrni tv,,,rmr n. rldy5rur F, ;e„ .. r .gun n. eet. 0. The IddrCSS Of its lCV;slcrCdbad the bathe ndd.Css 00bt bGNllms.CN, t of!5'rW!ytCYeA 5t'ent, bit Ciwngcd, will bc. identi 7. The change %os (fifty nuthorircd by the. husiness enlify named above. ;r. Affirmaiio rt eo�rthe facts 'fitted nMwc me true and correct: ribs wd' ,fined corn that false cutemtnn outdc in fhii filing ore subjectto 4u puwlties provided under Sectioq 575.040. RSMn) ' l �� RnnAltl f: Unitl[II�n Pr .end. :ul; IAnpr4l 0 ,if SppbtcAh, tli�lrnrpn ,..frlre A4nxl ,.,,1 Ti,la Naos Ind address w neurit filed doctirecm Noma: is(Sllfl-ivli..811tmo„at .--•— --- State of Missouri Address: 'ill's Indf`oEndenr'•n-N.Ct.9gX-1 .0p-- — ( I cuanpHneagi1nlo`Gon off Awll t pnplel(13) ` City. Stela. and Llp Cedc: f M G)c [dean dLJJ Ji37A7<1�DG ._� IIIIIIIIIIIIIIIIIIIIIIIIIIIIItIIIIIIIVIII IIIIIIIIIIVIIII�IIIIII NOV-22-2010 16:26 BRADSHAW,STEELEXOCHRANE State of Missouri Aoblo Carnahan, Secretory of Shite ' 1 corporate", etrirtun , YO Bill))! 1600 N; Mal. 51., Rm.322 Jrtferton Cn,r, Mo 65102 573 334 2947 e.uuu File Number: 00618616 Date Filed; 0 810 51201 0 Robin Carnahan Secretary of State Statement of Change of Registered Agent and/or Registered Office By a Foreign or Domestic For Profit or Nonprofit Corporation or a Limited Liability Company ln,oruckns 1. This form is tube used by either a for profit or nonprofit corporation or a limited liability company to chonge either or both the name of its regfsicrtd Agent And/or the address of its existing registered agent. 2,. There is a 510.00 ret fur filing this stolcmeAL 3. PO Box may only be used in conjunction with a physical sato address. A_ Agent And address must be in the. Stale. of Missouri, 5. The corporation alaynot act ns its own ngc lt. Chancre: nnS7A516 I. The name of the businw cntity is Blatr eaekaaing• I 2. Tho address, including street and number, of its pies tot regisltred off' to (before change) is 4Z7 rJ Ifnnth'nhway 41h Phint Qdo-6U0 AddnJ: ci% V..S,0" Lln 3. The addmas. including Steel and nudibtr, of its registered otlke is hereby thangcd to: .3113Jtutependeace, 20 R x-1300.__.__�ape.6irartlaau-ofl0.63202--1= AIN v rrK) a"r myr nnh. M areJ h a,, ,:b,..:d,.. wah n ylryHk,u:r sr wfdHr.•n) 0q,05wer2u, 4. The name of its present regis,cred ;,gent (befurc change) i5:$.Mir1ant Howard 5. The name of tlrc ncnv regs¢rcd ugcpl i5: _Ctaif)1'iL9JImP�YPr-------._.--- Agent must appear below: ,apeman wµ'n,Mh mu: unW ".Hire" ,, ,hLr/a,m In 11,11 d/rhb lien"r,"e) ti. the Uddress of its regislnrcd otlicc and the address of the business office of ns registered agent, as thangcd, will be idahticnl. The chun$c wns duly Authorized by the busineris emity named obo,,c. In AffirimitigA thereof, the ti,Cts stated above ate INC and torted: 11'be I, s,g Adtlut ds that falx statensents madc in this f:4 g wsubject to the N-6160provided under Section 5)S.04U. R5Mo) iqrrh, boar./ Frfnrwl Nn"re »uc Aare Nulno and AddrCJs Id rewen Bled .lveumelll: Noma .Cietfl•M,.81110aCYPJ Address: 1111 1113 lnnepenAenceF9-aIgA- 39D --- City. Stale, And Zip Code: r1aa r;'rardaau -U0- 1321)2 7306_ State Of Missouri ChangeiReslOnatlon of Agent 1 Pages) IIIlllll II II II Ililllll,lllll I IIIIIIIIIIIIIIIIIINIiI 111 NOV-22-2010 16:26 BRADSHAW,STEELE,COCHRANE Robin Carnahan Secretary of State 2010 ANNUAL REGISTRATION REPORT BUSINT. SS REPORT DUE DY: 0 613 012 01 0 00518$16 BLAIR PACKAGING, INC. Howard, R. Michael 407 N. Kingshlghway, 4th Floor Cape Girardeau, MO 63701 573 334 2947 P.u09 File Number; 201021490143 00518516 [late Filed: 06102!2010 Robin Carnahan Secretary of State Ri:NL•WAL MONTH: March 1 OPT TO CHANGE TTTE CORPORATION'S [✓] REWEWAL MONTH TO PRINCIPAL PLACE OF BUSINESS OR CORPORATEIMADQUARTERS: 314 Madison (I STREET Scott City, MO W180 11 changing tht registered agent and/or rgixtered office address, plewo check the nppropriato lwx(es) and tilt in the necessory informs boa The new registered ager IF CHANGING THE REGISTERED AGENT, AN ORIGINAL WIUT7"E+� CONSENT FROM THE NEW 2 REGISTERED AGENT MUST BE ATTACHED AND FILED WITH THIS REGISTRATION REPORT. ❑ The newrcIt0cmd office addrw.4 Must be a Missouri add rocs. PO Dox nloae 5 net acceprahle. This section is act applicable for Banks. Trusts and Foreign Insoranta OFFICERS NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT AACCEPTABLE). @I1l33,J,IFI.PHEStOY`II srn}„ttu'itinanpr,ows Em Ronald Charles Untorrelner (Required) STREEURT 818 Caribou court CITYISTATFIZIP Cama Glrardaau MO 6$701 V•PRES ................ .......... I'll ............. STREET/RT11-1-1.1 ......... ............ I ... ... .................. I ... .11 ... I CITY/STATFJMP ,Sf,.6'Y F Ellen Miller (Required) Sl REETIRT 500 E. 76th AVenuO CITY/STATrJ71P Denver CO 80220 TREAS...:..................................r.............. STREET/RT I............"...................................................... CITYIST'A I'F7ZIP BOARD OF DIRECTORS NAME AND PHYSICAL ADDRESS IP.O. BOX ALONE NOT 77�� ACCEPTABLE). rsnrcr htsr Ar LEd5J 0�' utn rs-ron aytowl A &W Ronald C UMerrelner (Required) STREETIRT 816 Caribou Court CITY/STATUZIVCrp_eGlrardoau rd063701 NAME F. Ellen Miller STREET/RT $00 E. 76th Avenue CiTYISTATPJ2iP Denver CO $0229 NAME Douglas E Miller STREEVRT 500 E. 761h Avenue CITY/STATFJZIP Danvers C080229 NAME............................ ..1,...11.1.. .... ,.... ... STREET/RT........................................................................... CIT'YISTA'IVIle NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS ARE ATTACHED The undcrai ped undentand9 that f1dz statements made in this report ore PLIPKhaielc for the crone of making a false declaration xtnder Section 575.060 RSMo. Phoiowpy or3tnmped signature not acccpL�blc. Authohized parry or officer sltLehare l Ronald Charles Unterrelnor (Required) Qleare print name and title 4f 1iener: Ronald Charles Untorrelner I President — REGISTRATION REPORT IEE IS WHEN TIES FORM IS ACCEPTED BY THE SECRETARY OF STATE, _ $20,00 If filed on or before 6/30 BY LAW IT WILL BECOME A PUBLIC DOCUbfENT AND ALL _ S35.00 ILLIod on or before 701. INFORMATION PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE _ S50 00 Mcd on or bcfom 601 _ $65.00 If Tiled on or before 9130 &MAIL ADDRESS (OPTIONAL) ADD AN ADDITIONAL 52500 FEE IF CHANGING THE RENEWAL MONTH. REQ TIR2ED INFORMATION MUST BE CONIPLF,TE OR TBE REGISTRATION REPORT WILL BE RRJECTED MAKE CHECK PAYABLE TO DIRECTOR OF REVL:MJE RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secmtwy of State, PA. Box 1366. JCtTcnon Ciry,1N0 65102 EXHIBIT B REDEVELOPMENT PROPERTY LEGAL DESCRIPTIONS ASSESSOR'S INFORMATION 1505 Independence Cape GL•ardeau, DIO 63701 LEGAL DESCRIPTION All of Lot I of the Thorngate Subdivision as shown on the Plat recorded on the IP day of January, 2011 in Plat Book 25 at page35 in the Office of the Recorder of Deeds of Cape Girardeau County at Jackson, Missouri. (LOT -1): PART OF LOT 31 OF HENDERSON'S SUBDIVISION AND PART OF OUT LOTS "F", 10, 27, 40 AND 41 OF SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST IN THE CITY OF CAPE GIRARDEAU IN CAPE GIRARDEAU COUNTY, MISSOURI 7.798 ACRES ( MORE OR LESS), DESCRIBED AS FOLLOWS: COMMENCE at the intersection of the West Right of Way Line of West End Boulevard with the South Right of Way Line of Independence Street (formerly a cotton picker spindle); thence N 83%%d00'00" W along the South Right of Way Line of Independence Street, 438.01 feet for the POINT OF BEGINNING: thence S 07% %d20'00" W, 298.34 feet; thence S 36%%d52'58" E, 61.66 feet; thence S 07%%d20'00" W, 78.38 feet to a point on the centerline of the Missouri Pacific Railroad, now abandoned; thence S 75% %d55140" W along said centerline, 339.96 feet to the Point of Curve of a Curve to the Right having a radius of 2221.11 feet; thence southwesterly along arc of said Curve to the Right and with said centerline, 532.76 feet (Chord = S 82%%d4715711 W, 531.48 feet) to a point in the East Right of Way Line of Minnesota Street; thence N 06%%d09'30" E along said Right of Way Line, 89.75 feet; thence northeasterly along the are of a Curve to the Left having a Radius of 2347.11 feet, 195.53 feet (Chord = N 87%%d59133" E, 195.47 feet); thence N 07%%d00'00" E, 203.47 feet; thence N 83%%d00'00" W, 21.50 feet; thence N 06%%d09'30" E, 199.98 feet; thence S 83%%d00'00" E, 121.80 feet; thence N 07% %d00'00" E, 150.00 feet to a point in the South Right of Way Line of Independence Street; thence N 83%%d00100" E along said South Right of Way Line, 502.82 feet POINT OF BEGINNING. COLLECTOR OF REVENUE DUPLICATE TAX YEAR CAPE GIRARDEAU COUNTY 11116)2010 2010 N1 B, rlon Square S1e.4303 Jackson, MO 63755 REAL ESTATE TAX BILL manmRsuuom211050016002000000 rnzolA4°nf;F I SW CAPE stnlc 3101 O'NNER'9 NAM.. LEHO NG/VFE L QUARTET REAL ESTATE LLC TLIORNGA'rE LTD. PT LOTS 17,18&31 HENDERSON SUED 8 N PT ABANDONED RAIL QUARTET REAL ESTATE LLC CAPE GIRARDEAU 963 5,045.15 REGENCY OFFICE PLAZA STE 100 CAPE WICITY LIBRARY 226.07 DES PLAINES ir. 60018 STATE 580.25 SHELTERED WORKSHOP MENTAL HEALTH 560.25 COUNTY HEALTH 721.17 SENIOR 360.21 SURCHARGE 2,780.67 ASSE SSED VALUE IYVL IAA)AJCF6n LMUR. MFMrS 753.570 COMMERCIAL 5.1537 753,570 SURCHARGE 0.3690 rnxAr.+OUNrs andates the assessment of interest of 2% per part thereof, plus a 7% penalty for all taxes CURRENT TAX AMOUNT $38,836.74 $2.780.67any SURCHARGE AMOUNT 12 midnight December 31 of tax year. ance with State statutes 139.100 and140.100 by mail require "postmark" by United States rvice on or before December 31. TOTAL DUE $41,617.41 Mika chscks papbl0 to: Diane M. Diebold, COL1111Y C0IICCL0( TEAR HERE AND RETURN LOWER PORTION WITH PAYMENT ,.nn. CAPE GIRARDEAU COUNTY DUPLICATE TAXYEAR 10 A*rn,"`.,a`" °'="°�` "nE COLE REAL ESTATE TAX BILL III N2010 _. 2010 2110 0016602000000 3101 31 01 PAY THIS AMOUNT VAIum ON TY"k RATEPER IN cuanENrtax INaRFSF aE�wrEs sr'E n Ls,ns--1 $41,617.41 PRINT MAILING ADDRESS CHANGE OUARTET REAL ESTATE LLC REGENCY OFFICE PLAZA STE 400 DES PLAINES 11-6001(1 THORNGATE LTD. PT LOIS 17, I B 8 31 HENDERSON SURD 8 N PTABANDONED RAILROAD ACRES 9.56 SECTION 006 TWP 030 RANGE 014 MY10000011 AA1211050016002000000000000 X)0004161741 1 EXHIBIT C BLIGHT STUDY Thorngate Ltd. Land and Buildings CAPE GIRARDEAU, MISSOURI 63701 BLIGHT STUDY 1507 Indopeudeocc Street Cape Gir1rd0an, Missouri PREPARED FOR 131,AIR LEASING, LLC Southeast Missouri Regional Planning :uu1 Economic Development Commission P. O. Box 366 Perryvillc, Nlissouri 03775 573-5,17-8357 Noventber23,2010 This study documents evidence of blighted conditions affecting property located at 1507 hldepeudence Street in the City of Cape Girardeau, Nhssouri, locally referred to as the former Thorngate, Ltd., manufacturing plant, A map of the area is attached as Attachment 1. A legal description of the study area is attached as Attachment 2. Photos of the subject property are included as Attachment 3. At the time this studywas completed, information obtained horn the Cape Girardeau County Assessor's office indicated that Lire property was owned by Quartet Real Estate, LLC, located ill Des Plaines, Illinois. The following chart lists the property, along with the ovvnership, parcel number, the current assessed valhre, tax rates anti the 2010 taxes. OWNER Estate, I:LC 2010. I 2010 2010 I 21110 PARCEL. N RIARKF.T n5SF5tiF. TAX RATE Conunereta: $5.1537 surcharge: 0,3690 $ 2,780.67 The currclu market value according to the Cape Girardeau County Assessor is approximately $2,354,906. This is the same amount that the Assessor had estimated when'I'horngate, Ltd., was in operation. however, Thorngate ceased operations in December, 2008, and since that time, the property has been vacant and for sale. A total of $41,617.41 should be realized irom the property from 2010 taxes. Current Land Use The property at 1507 Independence consists of approximately 7.798 acres, whereupon four buildings containing approximately 163,909 stivare feet are located. The buildings purposes, but have been vacant since December, were formerly used for manufacturing 2008. Description of Improvements Pour buildings are linked together at tine site. `file total square footage of those four buildings is approximately 163,909 square feet. According to Cunningham Appraisal Service, the company that completed the property appraisal, the buildings were constructed between 1945 and 1985. All of the buildings on the property are currently vacant and have been since December, 2008. Blight A "blighted area" is detinet) by Section 353.020, RSMo as "that portion of the city within which the legislative authority of such city determhies that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration have become economic and social liabilities, and that such conditions are conducive to ill health, transmission of disease, crude or inability to pay reasonable taxes." These blight factors' and their resulting impacts are gencrallyunderstood to mean: I. Age: This refers to expected economic life in present condition. 2. Obsolescence: Functional obsolescence is present when the property can no longer provide adequate facilities for the property's original propose. specific considerations include adequate building layout, infrastructure, HVAC systems, packing, storage, and work amenities. 3. Inadequate/Outmoded Design: Closely related to obsolescence and lack of functionality, this element of blight relates to the ability of the building's design. to accommodate current manufacturing or residential patterns. 4. Physical Deterioration: A loss of value clue to wasting away of the physical property, lack of maintenance, or the ability to restore the property to usable condition though a reasonable investment in required maintenance. S, Economic Liability: Given the property's location and other attributes, does it generate adequate economic activity and value? 6. Social Liability: Does the property generate negative societal impacts? 7. Ill Health: Pest infestation, the presence of rodcots, inadequate and inefficient plumbing and generally unsanitary conditions and/or environmental prohlems. S. Disease Transmission: fhe actual Fostering and spawningof disease. 9. Crime: Does the property aid or abet criminal activity? 10. Ability to Pay Reasonable Taxes: Does the property generate an income streams adequate to pay property taxes equal to those which could be expected from a bimilar property housing an appropriate use? Ga :adimg Systema A namctical grade from 10 (No Blight) to I (Cmnpictely Blighted) has been assigned to each eleuncat of blight for tine subject properly. The system is illustrated as follows: GRADE AMOUNT OF BLIGHT 10 None 9 Very Minor 8 Minor 7 Some 6 Visible 5 Medium 4 Notable 3 Considerable 2 Substantial I Completely Blighted No sub -surface study was completed as apart of this blight study. Blight Elements Present in Subject Property Grade Age The buildings require substantial investment. They were constructed ti'ont the 1940's through 1985. 2. Obsolescence l'he buildings have been vacated liar two years. Several building ,systems appear wdikely to satisfy modern mauatactming needs, including low ceilings in a portion of the buildings, low weight capacity on second 11001, outdated HVAC and low energy erftcient insulation and windows. The layout of the buildings is not compatible with modern Manufacturing practices and does not support orderly work flow for raw material and manufactured product. Inadequate/ The buildings do not have easily accessible Outmoded parking for service and are unattractive for Design general public use, which limits use for retail or general commercial. The buildings were designed to serve the needs ora clothing Mauutheturer and were not designed to accommodate heavy use or warehousing. The buildings do not have the Footings and heavy load bearing concrete to support moderate to heavy industrial equipment. 4. Physical Winclows have been broken and riced to be 5 Deterioration replaced. The buildings have water damage and the roofs and ceilings need repair. Portions of the buildings are deteriorated and in need of substantial repair or replacement. Peeling paint is evident on much of the exterior. The parking lot is in need of repair. Weeds and litter are prevalent on the property. Due to the above mentioned blight factors; the property has become an economic liability and social liability. An economic liability has resulted because the blighting tactors have contributed to the property remaining vacant for two years, rather than generating the economic activity expected tconr such it large complex of buildings. A social liability has resulted because the blighting factors have resulted in crime and vandalism (i.e., broken windows) and die vacant, unsecured nature of tire property could lead to other negative societal impacts, inclueling contamination and health concerns frOl i ally products, equipment or fixtures left in the building, Accordingly, Stich conditions are conclucive tar I . Irl Ftealth and Disease Transmission because litter deposited on the property could contribute to disease transmission and, inside the building, a number of old lighting ballasts probably contain PCB's, a known carcinogen. Crime because vacant buildings often attract vandalism and ()tiler crime. 3. Inability to Pay Reasonable Taxes because the vacancy and deterioration of the property will ultimately lower the property value and the resulting property tax revenues. Opinion of [alight Evidence was noted that Some blight occurs under all statutory categories. 'file average grade for the blight factors is 3, which indicates that the amount of blight present is "considerable." This qualities as a preponderance of blight as expressed in the statute. In niyjudgment, the subject property, as of November 23, 2010, has it majority of blighting elements incl should be deemed to be blighted under Chapter 353, RSMo. Certification of Blight Study 1, Chluncy D. Buchheit, Executive Director of the Southeast Missouri Regional Planning and Economic Development Commission, do hereby certify that I have made an inspection and a study of the properties located at 1507 Independence Street in Cape Girardeau, Missouri, uncler the blight definitions contained in Chapter 353,020, RSMo. This study was made in an objective manner and in my opinion has been rendered independently and without prejudice. Certified: auney D. Bucl to , Itixecuttve Director November 23, 2010 ATTACHMENT 1 Map --------------- c3s�flAR F , g i gkZiG ea° K k ,49 a E y Yn K Sd ��tay4 t � yz Ail M1 I" 1 9 s I�yy$ t 6 ar �we.au s 9 $yd�j�e��kdg 4R�GY��RR$7 B -fit.., 4y 4f§gggg¢�ai F it i E ea° K k ,49 a E y Yn K Sd t M1 I" 1 I�yy$ t �g ar �we.au s 13 :ay 66 \'` i',Yd Ilk t 1 $yd�j�e��kdg 4R�GY��RR$7 B -fit.., 4y 4f§gggg¢�ai S{ $ ea° K k ,49 a E y Yn K Sd $yd�j�e��kdg 4R�GY��RR$7 B -fit.., 4y 4f§gggg¢�ai ATTACHMENT 2 Legal Description LEGAL DESCRIPTION All of Lot 1 of the Thorngate Subdivision as shown on the Plat recorded on the 13i" day of January, 2011 in Plat Book 25 at,page35 in the Office of the Recorder of Deeds of Cape Girardeau County at Jackson, Missouri. (LOT -1): PART OF LOT 31 OF HENDERSON'S SUBDIVISION AND PART OF OUT LOTS "F", 10, 27, 40 AND 41 OF SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST IN THE CITY OF CAPE GIRARDEAU IN CAPE GIRARDEAU COUNTY, MISSOURI 7.798 ACRES ( MORE OR LESS), DESCRIBED AS FOLLOWS: COMMENCE at the intersection of the West Right of Way Line of West End Boulevard with the South Right of Way Line of Independence Street (formerly a cotton picker spindle); thence N 83%%d00'00" W along the South Right of Way Line of Independence Street, 438.01 feet for the POINT OF BEGINNING: thence S 07% %d20'00" W, 298.34 feet; thence S 36%%d52'58" E, 61.66 feet; thence S 07%%d20'00" W, 78.38 feet to a point on the centerline of the Missouri Pacific Railroad, now abandoned; thence 5 75% %d55'40" W along said centerline, 339.96 feet to the Point of Curve of a Curve to the Right having a radius of 2221.11 feet; thence southwesterly along arc of said Curve to the Right and with said centerline, 532.76 feet (Chord = S 82%%d47157" W, 531.48 feet) to a point in the East Right of Way Line of Minnesota Street; thence N 06%%d09'30" E along said Right of Way Line, 89.75 feet; thence northeasterly along the arc of a Curve to the Left having a Radius of 2347.11 feet, 195.53 feet (Chord = N 87%%d59133" E, 195.47 feet); thence N 07%%d00'00" E, 203.47 feet; thence N 83%%d00'00" W, 21.50 feet; thence N 06%%d09'30" E, 199.98 feet; thence S 83%%d00'00" E, 121.80 feet; thence N 07% %d00'0O" E, 150.00 feet to a point in the South Right of Way Line of Independence Street; thence N 83%%d00'00" E along said South Right of Way Line, 502.82 feet POINT OF BEGINNING. ATTACHMENT 3 Photos & w.:....�(�. - >- 6? . / � � 'Phorngdc l.t(1. Gnvironutemnd Sitc Asscssmcut 1505 In(lepe idence Ave., Ciipe Girardeau, 1"VK? October 27, 2010 Note: Please refer to Appendix 16.1 fora 111,11) of the site with room designations and size. View 10tile south of the niitin entrance; north side. Original hndtling tlntcg to 11)3%,- Viow too tile sontlr ol'tile stain ennanee, Orig), nal buihling dates to 19305 (rigln side of photo) Add-on dales in I480s I left of piwtol. �. S t^✓ 2t iN Mi�V r' ('ince lipit moan drain in aLios"r photo. Storm nmotl dircaed to ttvadrains in north lot and to storm sewer, . r 4 °'d 5 �'. _" _� J J - 4 � Vias b., the r:nl al Ili" saalh>od of[he plop. clI C ldmr 10101, q:n Ra4r�ael cpul, v!nN it, the alul'lImN of the nalpteetll siurigc 11111ldmp, ankh elld I ockol and maecaseible,. kaiva to the notth oI, Otc Ntlol >idc ul Ibe Slot uge building nud ndjaovl I ipton Lino plop - erly. will, of o'llo'iio rhemirnl, hlduslri,J Alkah. ft 911 iF �. i✓'�dYi $ i SII t's��� �� `�"'• Sri �' _ � � . 1 tioulb mall of mainicn.u}ce MIDI), pil)O Nom uudcttinwud fuel oil lack em¢r Iuilding. ' 1,iter,iIvei pq.r, old Min inkier Sy tem icco's .d cl.$ Dui r,In1t_ I— i I mki sytncc. nurll Midi ol'hoildin@ Rua inhibitor Aell cal fol butler ypsb7ms 1_;ugc 2oU1III boiler Inr full prud[iclion- Ken Eftink, Assistant City Manager/ Director of Develonment Services SUBJECT An Ordinance Authorizing the Mayor to enter into a Redevelopment Agreement with Thorngate Redevelopment Corporation and Blair Leasing, LLC. EXECUTIVE SUMMARY Blair Leasing has acquired the Thorngate property at 1515 Independence Street and is seeking 100% real property tax abatement on the buildings for 10 years with the redevelopment of this industrial site under RSMo Chapter 353. The Redevelopment Agreement documents the conditions under which they are eligible for the tax abatement. BACKGROUND/DISCUSSION Pursuant to RSMo 353 and Chapter 28, Urban Redevelopment, of the Cape Girardeau Code, the City Council must consider and approve a Redevelopment Agreement with Thomgate Redevelopment Corporation and Blair Leasing, LLC for the Corporation to be eligible for tax abatement. Staff has worked with Mark Grimm and Mark Spykerman of Gilmore and Bell, to prepare the attached Redevelopment Agreement. The Agreement states that the developer shall purchase the property and shall take action to complete the improvements detailed in the Final Redevelopment Plan to eliminate the conditions that have caused the area to become "blighted". Another key condition of the Agreement is that the Developer will create and maintain not less than 30 new jobs. The Developer must certify to the City every October ls` for the duration of the abatement period that it has at least 30 jobs at the project site. Failure to meet this requirement has a penalty of the Developer making payments in lieu of taxes (PILOT) at the rate of $1,200 for each job less than 30 jobs. Any PILOT will be distributed to each taxing district on a pro rata share. FINANCIAL IMPACT The financial impact on the City, including the Library tax, as shown in the tax impact summary is $4,478 per year or $44,781 for the 10 year period. This is offset by the 30 new jobs created and the significant investment in site, building improvements, equipment and associated economic activity. The calculated impact of other taxing districts as shown in the plan is: SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS The site does contain an underground storage tank and stored oil drums that will be remediated in accordance with EPA and MDNR regulations. This remediation is one of the requirements of the development agreement. The new jobs and investment in the property will have positive social and economic impacts to the community. STAFF RECOMMENDATION The staff recommends approval of the Ordinance that authorizes the Mayor to enter into the Redevelopment Agreement. BOARD OR COMMISSION RECOMMENDATION This project is supported by MAGNET and had received a loan from the Southeast Missouri Regional Planning and Economic Development Commission in Perryville. PUBLIC OUTREACH A public hearing held by the City Council advertised in the Southeast Missourian on February 6, 2011 and held on February 22, 201 L ATTACHMENTS • BILL NO. 1111=20, Ordinance Authorizing the Mayor to enter into a Redevelopment Agreement with Thomgate Redevelopment Corporation and Blair Leasing, LLC • Redevelopment Agreement Annual 10 year total School District $27,803 $278,030 State $201 $2,007 County Health $640 $6,401 Mental Health $515 $5,150 Senior Citizen $320 $3,197 Sheltered Workshop $515 $5,150 SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS The site does contain an underground storage tank and stored oil drums that will be remediated in accordance with EPA and MDNR regulations. This remediation is one of the requirements of the development agreement. The new jobs and investment in the property will have positive social and economic impacts to the community. STAFF RECOMMENDATION The staff recommends approval of the Ordinance that authorizes the Mayor to enter into the Redevelopment Agreement. BOARD OR COMMISSION RECOMMENDATION This project is supported by MAGNET and had received a loan from the Southeast Missouri Regional Planning and Economic Development Commission in Perryville. PUBLIC OUTREACH A public hearing held by the City Council advertised in the Southeast Missourian on February 6, 2011 and held on February 22, 201 L ATTACHMENTS • BILL NO. 1111=20, Ordinance Authorizing the Mayor to enter into a Redevelopment Agreement with Thomgate Redevelopment Corporation and Blair Leasing, LLC • Redevelopment Agreement BILL NO. 11-20 ORDINANCE NO. AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT IN CONNECTION WITH THE THORNGATE REDEVELOPMENT CORPORATION FINAL REDEVELOPMENT PLAN WHEREAS, the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of Missouri, as amended ("Chapter 353"), and the Urban Redevelopment Ordinance, Chapter 28 of the City Code, as amended ("Chapter 28"), allow the City to approve development plans and grants of tax abatement in connection therewith; and WHEREAS, the City Council held a duly noticed public hearing on February 22, 2011, concerning the approval of a development plan submitted pursuant to Chapter 353 and Chapter 28 entitled "The Thorngate Redevelopment Corporation Final Redevelopment Plan" (the "Development Plan"); and WHEREAS, on February 21, 2011, by passage of Ordinance No. , the City Council made all requisite findings required by Chapter 353 and Chapter 28 and approved the Development Plan; and WHEREAS, the City desires to implement the Development Plan, including the grant of tax abatement described therein, by approving a redevelopment agreement (the "Redevelopment Agreement') among the City, the Thomgate Redevelopment Corporation (the "353 Corporation") and Blair Leasing, LLC (the "Developer"). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Council finds and determines that it is necessary and desirable to enter into an agreement with the 353 Corporation and the Developer to implement the Development Plan. The Mayor is hereby authorized and directed to execute, on behalf of the City, the Redevelopment Agreement and the City Clerk is hereby authorized and directed to attest to the Redevelopment Agreement and to affix the seal of the City thereto. The Redevelopment Agreement shall be in substantially the form attached hereto as Exhibit A, which Redevelopment Agreement is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2. The officers, agents and employees of the City are hereby authorized and directed to execute all documents and take such steps as they deem necessary and advisable in order to carry out and perform the purpose of this Ordinance. Article 3. The sections of this Ordinance shall be severable. In the event any section of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections of this Ordinance are valid, unless the court finds the valid sections of this Ordinance are so essentially and inseparably connected with, and so dependent upon, the void sections, that it cannot be presumed that the City Council would have enacted the valid sections without the void ones; or unless the court finds that the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Article 4. This Ordinance shall take effect and be in full force 10 days after its passage by the City Council. PASSED AND APPROVED this day of 2011. Harry E. Rediger, Mayor (Seal) ATTEST: Gayle L. Conrad City Clerk REDEVELOPMENT AGREEMENT (on file in the office of the City Clerk) REDEVELOPMENT AGREEMENT FOR THE THORNGATE REDEVELOPMENT AREA AMONG THE CITY OF CAPE GIRARDEAU, MISSOURI, THE THORNGATE REDEVELOPMENT CORPORATION, AND BLAIR LEASING, LLC Dated: _, 2011 TABLE OF CONTENTS Recitals..........................................................................................................................................................1 ARTICLE I INCORPORATED ITEMS; DEFINITIONS; EXHIBITS 1.1 Items Incorporated into this Agreement; Coordination with Redevelopment Plan ..........................2 1.2 Definitions.......................................................................................................................................2 1.3 Exhibits............................................................................................................................................3 ARTICLE H REDEVELOPMENT PROJECT 2.1 Redevelopment Project.....................................................................................................................3 2.2 Ownership of Property.....................................................................................................................3 2.3 Notice of Acquisition.......................................................................................................................4 2.4 Deadline for Commencement of Construction.................................................................................4 2.5 Site Plan............................................................................................................................................4 2.6 Certificate of Substantial Completion..............................................................................................4 2.7 Removal of Blight............................................................................................................................4 2.8 Insurance..........................................................................................................................................4 2.9 Redevelopment Project Maintenance...............................................................................................5 2.10 Changes............................................................................................................................................5 2.11 City Access to Redevelopment Project............................................................................................5 2.12 Federal Work Authorization Program..............................................................................................5 ARTICLE HI FORCE MAJEURE 3.1 Force Majeure...................................................................................................................................5 3.2 Extensions........................................................................................................................................6 ARTICLE IV TAX ABATEMENT AND PAYMENTS IN LIEU OF TAXES 4.1 Tax Abatement.................................................................................................................................6 4.2 Jobs Requirement; Payments in Lieu of Taxes................................................................................6 ARTICLE V TRANSFER OF THE REDEVELOPMENT AREA 5.1 Right to Transfer the Redevelopment Area......................................................................................7 ARTICLE VI DEFAULT AND REMEDIES 6.1 Default and Remedies..................................................................................................................... 8 ARTICLE VH (i) GENERAL PROVISIONS 7.1 Modifications; Successors and Assigns.............................................................................. 7.2 Payment of City's Costs..................................................................................................... 7.3 Term of Agreement............................................................................................................ 7.4 Representatives Not Personally Liable............................................................................... 7.5 Indemnification and Hold Harmless................................................................................... 7.6 Reserved............................................................................................................................. 7.7 Notices................................................................................................................................ 7.8 Severability......................................................................................................................... 7.9 Headings............................................................................................................................. 7.10 Recording of Agreement.................................................................................................... 7.11 Governing Law; Other Applicable Provisions................................................................... 7.12 Developer's Right of Termination...................................................................................... 7.13 Counterparts....................................................................................................................... Signatures .................................... ..8 ..9 ..9 ..9 ..9 10 10 11 11 11 12 12 12 .....................................................................................13 Exhibit A— Site Pan Exhibit B — Legal Description of the Redevelopment Area Exhibit C — Redevelopment Plan Exhibit D — Form of Certificate of Substantial Completion Exhibit E — Form of Transferee Agreement Exhibit F — Form of Jobs Requirement Certificate REDEVELOPMENT AGREEMENT THIS REDEVELOPMENT AGREEMENT is made and entered into as of this _ day of , 2011, by and among the CITY OF CAPE GIRARDEAU, MISSOURI (the "City"), a Missouri municipal corporation, the THORNGATE REDEVELOPMENT CORPORATION (the "Corporation"), a Missouri urban redevelopment corporation, and BLAIR LEASING, LLC (the "Developer"), a Missouri limited liability company, for the implementation of the Thorngate Redevelopment Corporation Final Redevelopment Plan in accordance with the provisions set forth herein. RECITALS 1. Chapter 353 of the Revised Statutes of Missouri, known as The Urban Redevelopment Corporations Law (the "URC Law"), authorizes the City to approve, by ordinance, redevelopment plans that allow for the redevelopment of blighted areas within the City and the granting of tax abatement to encourage such redevelopment. 2. Chapter 28 of the City of Cape Girardeau, Missouri Municipal Code ("Chapter 28") describes the procedures necessary to implement the provisions of the URC Law within the City. 3. On January 14, 2011, the Corporation submitted a development plan to the City, entitled the "Thorrrgate Redevelopment Corporation Final Redevelopment Plan" (the "Redevelopment Plan"), which detailed the proposed redevelopment of an approximately 7.798 acre site located at 1507 Independence Street in the City (the "Redevelopment Area") for industrial use by the Developer (the "Redevelopment Project'). 4. Attached as Exhibit C to the Redevelopment Plan is a study prepared by the Southeast Missouri Regional Planning and Economic Development Commission detailing the conditions that qualify the Redevelopment Area as a `Blighted Area" under the URC Law (the "Blighting Study"). 5. On February 22, 2011, and upon due notice, the City Council held a public hearing on the Redevelopment Plan, including the grant of tax abatement and the Blighting Study. 6. On March 7, 2011, the City Council passed (a) Ordinance No. , finding the Redevelopment Area to be a `Blighted Area" under the URC Law and approving the Redevelopment Pl<m, and (b) Ordinance No. , authorizing and directing the Mayor to enter into this Agreement. 7. The Corporation intends to acquire property within the Redevelopment Area for the purpose of receiving tax abatement under the URC Law and then transfer such property to the Developer so that the Redevelopment Project may be implemented and operated. 8. The Corporation and the Developer are in good standing in the State of Missouri and have represented that they have the necessary expertise, skill and ability to carry out the commitments contained in this Agreement. NOW, THEREFORE, for and in consideration of the foregoing Recitals (which are incorporated into this Agreement as an integral part hereof) and the promises, covenants and agreements contained herein, the City, the Corporation and the Developer do hereby agree as follows: ARTICLE I INCORPORATED ITEMS; DEFINITIONS; EXIIIBITS 1.1 Items Incorporated into this Agreement; Coordination with Redevelopment Plan. The provisions of (a) the URC Law, (b) Chapter 28, and (c) the Redevelopment Plan are hereby incorporated herein by this reference thereto and made in whole a part of this Agreement. To the extent that any of the provisions of this Agreement conflict with any of the provisions of the Redevelopment Plan, the provisions of this Agreement shall control and govem. 1.2 Definitions. In addition to the terms defined elsewhere in this Agreement, the following capitalized words and terms shall have the following meanings: "Affiliate" means any entity that is controlled by the Developer or is controlled by the same entity or entities that control the Developer. "Agreement" means this Redevelopment Agreement. "Authorizing Ordinance" means Ordinance No. adopted by the City on March 7, 2011, finding the Redevelopment Area to be blighted within the meaning of the URC Law and approving the Redevelopment Plan. "Building Permit" means any and all demolition, grading and/or building permits required by the Municipal Code to construct all or any portion of the Redevelopment Project. "Certificate of Substantial Completion " means the Certificate of Substantial Completion attached hereto as Exhibit D, to be delivered by the Corporation upon the completion of any Building, and upon approval thereof accepted by the City in accordance with Section 2.6 of this Agreement. `Chapter 28" means Chapter 28 of the Municipal Code, as amended. 'Collector" means the Cape Girardeau County, Missouri Collector of Revenue. "Corporation" means the Thorngate Redevelopment Corporation, a Missouri urban redevelopment corporation, and its assigns and successors in interest or title to all or any portion of the Redevelopment Area, subject to the provisions of Section 5.1 of this Agreement. "Developer" means Blair Leasing, LLC, a Missouri limited liability company, and its permitted successors and assigns. "Effective Date" means the effective date of this Agreement, which shall be the date written above on page 1. "Job" means a full-time equivalent job position located within the Redevelopment Area with the Developer or an Affiliate of not less than 35 hours per week, which shall include health insurance benefits offered by the Developer or the Affiliate. "Jobs Requirement Certificate" means a certificate meeting the requirements set forth in Section 4.2 and substantially in the form of Exhibit F attached hereto. "Municipal Code" means the Municipal Code of the City of Cape Girardeau, Missouri, as amended. -2- "PILOTS" mean payments in lieu of taxes to be made by the Developer pursuant to Section 4.2 of this Agreement. "Redevelopment Area" means all of the real property located within and comprising the Redevelopment Area as shown on the Site Plan and as more particularly described on Exhibit B attached hereto, upon which the Redevelopment Project will be constructed pursuant to this Agreement. "Redevelopment Plan" means the Thorngate Redevelopment Corporation Final Redevelopment Plan, approved by the City pursuant to the Authorizing Ordinance, a copy of which Redevelopment Plan is attached hereto as Exhibit C. "Redevelopment Project" shall mean the "Project" described in the Redevelopment Plan, subject to the provisions of this Agreement. "Site Plan" means the preliminary site plan depicting the Redevelopment Project attached hereto as Exhibit A, as the same may be changed or amended in accordance with this Agreement. "URC Law" means The Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of Missouri, as amended. 1.3 Exhibits. The following exhibits are attached to and incorporated into this Agreement: Exhibit A Site Plan Exhibit B Legal Description of the Redevelopment Area Exhibit C Redevelopment Plan Exhibit D Form of Certificate of Substantial Completion Exhibit E Form of Transferee Agreement Exhibit F Form Jobs Certificate Requirement ARTICLE II REDEVELOPMENT PROJECT 2.1 Redevelopment Project. To eliminate the conditions that have caused the Redevelopment Area to become "blighted" within the meaning of the URC Law and Chapter 28, but subject to the terms and conditions of this Agreement, (a) the Corporation shall acquire all real property within the Redevelopment Area and transfer such property to the Developer, subject to the requirements of the Redevelopment Plan and this Agreement, and (b) the Developer shall develop and construct the Redevelopment Project in accordance with the Site Plan, this Agreement and all applicable federal, state and local laws, rules, regulations and ordinances. 2.2 Ownership of Property. The Developer represents that either it or an Affiliate currently owns fee simple title to all parcels included in the Redevelopment Area and will transfer fee title to the Corporation. The Corporation agrees that, promptly upon receiving fee title, it will convey fee title back to the Developer, as required by the URC Law for the purposes of implementing the grant of tax abatement described in Section 4.1. -3- 2.3 Notice of Acquisition. No later than December 31, 2011, the Corporation and the Developer shall provide to the City (1) written notice confirming that the transfers of property described in Section 2.2 have been completed and (2) copies of the recorded instruments evidencing such transfers. 2.4 Deadline for Commencement of Construction. Subject to Section 3.1, if initial construction does not begin by June 30, 2011, then all redevelopment rights granted hereunder, including the right of tax abatement, shall expire and terminate. For the purpose of this Section, "initial construction" means the initiation of the roof repair, environmental remediation activities (including the removal of the underground storage tank and stored oil drums, as described in the Redevelopment Plan), and the upgrade of the fire suppression system. 2.5 Site Plan. The Developer may make changes to the Site Plan as site conditions or other issues of feasibility may dictate or as may be required to meet the reasonable requests of prospective tenants, purchasers or other occupants or as may be necessary or desirable in the sole determination of the Developer to enhance the economic viability of the Redevelopment Project; provided that the Developer shall obtain the City's consent to any changes to the extent required by the Municipal Code. The Corporation shall promptly furnish the City with a current Site Plan in the event of any changes thereto. 2.6 Certificate of Substantial Completion. (a) After substantial completion of construction of the Redevelopment Project in accordance with this Agreement, the Developer shall deliver to the City a Certificate of Substantial Completion in substantially the form attached hereto as Exhibit D. No Certificate of Substantial Completion shall be submitted until the roof repair, the environmental remediation activities (including the removal of the underground storage tank and stored oil drums, as described in the Redevelopment Plan), the upgrade of the fire suppression system and the restoration of utility service are completed. The City shall sign the Certificate of Substantial Completion upon the City's verification that the representations in the certificate are accurate. (b) Subject to the provisions of Article III herein, if the Certificate of Substantial Completion is not delivered by the Developer and signed by the City by April 1, 2011, all redevelopment rights granted hereunder, including the right of tax abatement, shall expire and terminate. 2.7 Removal of Blight. The Corporation and the Developer shall clear blight or rehabilitate to eliminate the physical blight existing in the Redevelopment Area or make adequate provisions satisfactory to the City for the clearance of such blight in accordance with the provisions of this Agreement. This obligation shall be a covenant running with the land and any purchaser of property in the Redevelopment Area from the Corporation, or any of the Corporation's successors in title (including the Developer), who wishes to receive the development rights and tax abatement granted by this Agreement, shall acquire title subject to this obligation insofar as it pertains to the land so acquired. 2.8 Insurance. Not less than ten (10) days prior to commencement of construction of each and any portion of the Redevelopment Project, the Developer and/or its general contractor shall provide the City with a certificate of insurance evidencing a commercial general liability insurance policy with coverages of not less than $2,545,062 for claims arising out of a single accident or occurrence and $381,759 for any one person in a single accident or occurrence, which reflects the current absolute statutory waivers of sovereign immunity in Sections 537.600 and 537.610 of the Revised Statutes of Missouri, as amended. Such policy shall also contain an appropriate endorsement providing contractual liability coverage for this Agreement. The policy shall be adjusted upward annually, to remain at all times not less than the inflation-adjusted sovereign immunity limits as published in the Missouri Register on an annual basis by the Department of Insurance pursuant to Section 537.610 of the Revised Statutes of -4- Missouri, as amended. The policy shall provide that it may not be cancelled, terminated, allowed to lapse or be substantially modified without at least thirty (30) days prior written notice to the City. The City shall be listed as an additional insured on such certificate. Such policy may be part of a blanket policy, shall include a severability of interests clause and the insurance shall be primary with respect to any applicable insurance maintained by the City. The requirements of this Section shall terminate upon the City's acceptance of the Certificate of Substantial Completion. 2.9 Redevelopment Project Maintenance. Upon substantial completion of the Redevelopment Project and so long as this Agreement is in effect, the Developer shall maintain or cause to be maintained the buildings and improvements within the Redevelopment Area that it owns in a good state of repair and in conformity with applicable state and local laws, ordinances, and regulations. 2.10 Changes. The Corporation and the Developer shall promptly notify the City in writing of any changes in the location of the Corporation's or the Developer's principal place of business and of any other material adverse change in fact or circumstance directly affecting the Redevelopment Project. 2.11 City Access to Redevelopment Project. The City may conduct such periodic inspections of the Redevelopment Area and the Redevelopment Project as may be generally provided in the Municipal Code. In addition, the Developer shall allow any authorized representatives of the City access to the Redevelopment Area and the Redevelopment Project from time to time upon reasonable advance notice prior to the completion of the Redevelopment Project for reasonable inspection thereof. The Developer shall also allow the City and its employees, agents and representatives to inspect, upon request, all architectural, engineering, demolition, construction and other contracts and documents pertaining to the construction of the Redevelopment Project as the City determines is reasonable and necessary to verify the Developer's compliance with the terms of this Agreement. 2.12 Federal Work Authorization Program. Simultaneously with the execution of this Agreement, the Developer shall provide the City with an affidavit and documentation meeting the requirements of Section 285.530, RSMo. ARTICLE III FORCE MAJEURE 3.1 Force Majeure. (a) Upon satisfaction of the provisions of paragraph (b) of this Section, the time periods provided for herein shall be extended by the number of days of delay caused by actions or events beyond the control of the Corporation or the Developer, including acts of God, labor disputes, strikes, lockouts, civil disorder, war, acts of terrorism, lack of issuance of any permits and/or legal authorization by any governmental entity necessary for the Developer to proceed with the construction of the Redevelopment Project, shortage or delay in the shipment of material or fuel, governmental action, fire, unusually adverse weather conditions, unusually wet soil conditions, unavoidable casualties, litigation that challenges the designation of the Redevelopment Area as blighted or the grant of tax abatement, or by any other cause which the City Manager reasonably determines may justify the delay. (b) No event under (a) shall be deemed to exist (1) as to any matter that could have been avoided by the exercise of due care on the part of the Corporation or the Developer, (2) as to any matter initiated or unreasonably sustained by the Corporation or the Developer, and (3) unless the Corporation or the Developer provides the City with a written notice within 30 days of the commencement of such claimed event specifying the event of force majeure. -5- 3.2 Extensions. In addition to any extension permitted pursuant to Section 3.1 of this Agreement, the City may, upon request of the Developer and approval by the City Council in its sole discretion, extend times within which development activities are to commence or be completed. ARTICLE IV TAX ABATEMENT AND PAYMENTS IN LIEU OF TAXES 4.1 Tax Abatement. (a) Subject to the provisions of this Agreement, the real property within the Redevelopment Area shall not be subject to assessment or payment of general ad valorem taxes imposed by the City, the State of Missouri, or any political subdivision thereof, for a period of ten (10) years after the date upon which the Corporation acquires title to such property (but only for so long as said property is used in accordance with the Redevelopment Plan), except to such extent and in such amount as may be imposed upon such real property during such period measured solely by the amount of the assessed valuation of land, exclusive of improvements, during the calendar year preceding the calendar year during which the Corporation acquired title to such real property. (b) The tax abatement provided in this Section shall apply to general ad valorem taxes (including commercial surcharges) only and shall not be deemed or construed to exempt the Corporation, the Developer or any successor in title, in whole or in part, from special assessments, fees, charges or other taxes that may be imposed by the City or another governmental unit. 4.2 Jobs Requirement; Payments in Lieu of Taxes. (a) On October 1, 2011 and on each October 1 thereafter during the ten (10) year tax abatement period (each, a "Test Date"), the Developer shall deliver to the City a Jobs Requirement Certificate substantially in the form of Exhibit F attached hereto, which certifies (1) the highest number of Jobs during the 90 -day period ending on the Test Date, and (2) the PILOT payment due, if any, under this Section if the number of Jobs during such period is less than 30 Jobs. Such certificate shall include the Developer's certification that none of the Jobs are occupied by a person that has been hired for the primary purpose of satisfying or inflating the calculation of Jobs required by this Agreement. The Developer shall provide to the City, promptly upon request, any information reasonably required by the City to verify such calculations. (b) For each year that a Test Date occurs, the Developer shall make a PILOT payment of $1,200 for each Job less than 30 Jobs. For example, if a Test Date calculation shows 25 Jobs in the Redevelopment Area, the Developer shall owe a PILOT payment of $6,000 ((30 — 25) * $1,200 ) for the applicable year. (c) PILOT payments shall be paid to the Collector by December 31 of the applicable year. Payments received after December 31 will be subject to late penalties and interest in the same manner as real property taxes. The City shall direct the Collector to pay any PILOTS received to the taxing districts that levy ad valorem real property taxes in the Redevelopment Area, pro rata to each taxing district's tax levy. M ARTICLE V ; TRANSFER OF THE REDEVELOPMENT AREA -- 5.1 Right to Transfer the Redevelopment Area. (a) Transfer. Subject to the provisions of Section 5.1(b) below, any party may voluntarily sell, lease, assign, transfer, convey and/or otherwise dispose of (hereinafter collectively referred to as a "Transfer") its interest in the Redevelopment Area or any portion thereof to any party without the City's prior written consent, if the transferor provides written notice to the City within thirty (30) days following such Transfer. Upon a Transfer, unless otherwise expressly elected by the transferor, all of the transferor's rights and obligations hereunder with respect to the subject property, including, without limitation, those concerning construction, maintenance, use, tax abatement and the payment of PILOTS, shall transfer to such transferee, and the transferor shall be released from any and all further obligations under this Agreement with respect to the subject property. (b) Transfer to Third Party Prior to Completion of Construction. If the proposed Transfer (1) is to a party other than the Corporation, Developer or an Affiliate, and (2) occurs before the City's acceptance of a Certificate of Substantial Completion, then such Transfer shall be subject to the requirements of Section 5.1(c) and to the City's prior written consent (which consent shall not be unreasonably withheld or delayed upon a reasonable demonstration that the proposed transferee is sufficiently experienced and financially capable to undertake and complete the Redevelopment Project). In the event of any Transfer under this Subsection, all rights and obligations of the transferor hereunder with respect to the subject property, including, without limitation, those concerning construction, maintenance, use, tax abatement and the payment of PILOTS, shall transfer to the transferee, and the transferor shall be released from any and all further obligations under this Agreement with respect to the subject property. (c) Transferee Agreement. For all Transfers under Subsection 5.1(b) above, the transferor, shall require the proposed transferee to execute a transferee agreement with the City in substantial compliance with the form attached as Exhibit E. No such Transfer shall occur without the prior execution of a transferee agreement with the City. The parties agree that the intention of each transferee agreement is to protect the transferor and the City by ensuring that transferees of property within the Redevelopment Area receive actual notice of the rights, duties and obligations contained in this Agreement prior to taking ownership, and nothing contained in a transferee agreement that is an accordance with Exhibit E shall be deemed to impose any rights, duties or obligations that are not imposed pursuant to this Agreement. (d) Financing. Notwithstanding anything herein to the contrary, the City hereby approves, and no prior consent shall be required in connection with, the right of a party to encumber or collaterally assign its interest in the Redevelopment Area or any portion thereof or its rights and interests in this Agreement to secure loans, advances or extensions of credit to finance or from time to time refinance all or any part of the Redevelopment Project costs, or the right of the holder of any such encumbrance or transferee of any such collateral assignment (or trustee or agent on its behalf) to transfer such interest by foreclosure or transfer in lieu of foreclosure under such encumbrance or collateral assignment; provided that all entities lending credit to such party that will obtain a secured interest in the party's interest in such portion of the Redevelopment Area and Redevelopment Project, through a mortgage, deed of trust or other security interest, will subordinate their rights and interests under such mortgage, deed of trust or other security interest to the payment of the PILOTS in the same manner as if such PILOTS were real taxes. -7- ARTICLE VI DEFAULT AND REMEDIES 6.1 Default and Remedies. (a) Event of Default. The occurrence and continuance of the following shall constitute an "Event of Default": (1) the Developer fails to make or cause the punctual payment of the PILOTS on the due date; or (2) the Corporation or the Developer fails to timely perform, in all material respects, any obligation or covenant of the Corporation or the Developer under this Agreement, and such failure is not cured to the City's reasonable satisfaction within thirty (30) days after the City gives written notice thereof to the Corporation or the Developer, as applicable, or if it cannot reasonably be cured within thirty (30) days, the Corporation or the Developer, as applicable, is not diligently proceeding to cure same. (b) Remedies. The City shall have the following remedies upon the occurrence of an Event of Default: (1) If the default is under (a)(1) above, the City may bring an action for specific performance to enforce such payments and/or may terminate this Agreement. In the event of litigation pertaining to the enforcement of such payments, the Developer shall pay all costs of litigation, including reasonable attorneys' fees. In addition, any amounts due hereunder that are not paid when due shall bear interest at the interest rate of 18% per annum from the date such payment was first due. (2) If the default is under (a)(2) above, the City's sole remedy shall be to terminate this Agreement. (c) Results of Termination. Upon the termination or expiration of this Agreement pursuant to this Section, a declaration of abandonment shall be filed with the Recorder of Deeds of Cape Girardeau County, and the real property within the Redevelopment Area with respect to which this Agreement has been terminated shall from that date be subject to assessment and payment of all ad valorem taxes based on the true full value of such real property. ARTICLE VII GENERAL PROVISIONS 7.1 Modifications; Successors and Assigns. The terms, conditions and provisions of this Agreement and of the Redevelopment Plan shall not be modified or amended except by mutual agreement in writing among the City, the Corporation and the Developer (provided that if the Corporation has already transferred property to the Developer pursuant to Section 2.2, no agreement of the Corporation is necessary). This Agreement shall be binding upon and inure to the benefit of the City, the Corporation and the Developer and their respective assigns and successors in interest or title to all or any portion of the Redevelopment Area; provided, however, the Corporation and the Developer may not assign its rights under this Agreement except in accordance with the provisions of Section 5.1. H 7.2 Payment of City's Costs. The Corporation has heretofore paid an application fee of $500 to the City for the consideration of the Redevelopment Plan. Concurrently with the execution of this Agreement, the Developer will pay to the City the sum of $ for payment of all costs incurred by the City in the review of the Redevelopment Plan and the negotiation of this Agreement, including but not limited to professional service costs, planning costs, legal costs, other consultant costs and administrative costs. Within ninety (90) days after the execution of this Agreement, the City shall provide the Developer with a detailed accounting of the use of such deposited funds. To the extent any portion of such funds exceeds the professional service costs, planning costs, legal costs, other consultant costs and administrative costs incurred or charged by the City related to the Redevelopment Plan and this Agreement, such excess funds shall be returned to the Developer. 7.3 Term of Agreement. Unless otherwise terminated pursuant to Section 6.1, this Agreement shall terminate when no portion of the real property located within the Redevelopment Area is subject to abatement of general ad valorem taxes pursuant to Section 4.1. The rights and privileges given to the Corporation and the Developer by this Agreement and the duties and obligations imposed on the Corporation and the Developer shall apply only to the Redevelopment Project. Notwithstanding anything herein to the contrary, any liability of the Corporation and the Developer to the City accruing prior to the termination of this Agreement and remaining unsatisfied at the time of such termination shall continue and remain actionable beyond such date of termination. 7.4 Representatives Not Personally Liable. No elected or appointed official, agent, employee or representative of the City shall be personally liable to the Corporation in the event of any default or breach by any party under this Agreement, or for any amount which may become due to any party or on any obligations under the terms of this Agreement. No officer, director, manager, member, agent, employee or representative of the Corporation, the Developer, an Affiliate, or any successors and assigns thereof, shall be personally liable to the City in the event of any default or breach by any party under this Agreement or for any amount which may become due to any party or on any obligations under the terms of this Agreement. 7.5 Indemnification and Hold Harmless. The indemnification and covenants contained in this Section 7.5 shall survive expiration or earlier termination of this Agreement. (a) Notwithstanding anything herein to the contrary, the City shall not be liable to the Corporation or the Developer for damages or otherwise in the event that all or any part of the URC Law, Chapter 28, the Authorizing Ordinance and/or any other ordinance of the City adopted in connection with this Agreement or the Redevelopment Plan or affecting the proposed Redevelopment Project is declared invalid or unconstitutional in whole or in part by the final (as to which all rights of appeal have expired or have been exhausted) judgment of any court of competent jurisdiction. (b) The Developer hereby agrees that, anything to the contrary herein notwithstanding, it will defend, indemnify and hold harmless the City, its governing body members, officers, agents, servants and employees against any and all claims, demands, actions, causes of action, loss, damage, injury, liability and/or expense (including attorneys' fees and court costs) resulting from, arising out of, or in any way connected with (1) an Event of Default, (2) the negligence or intentional misconduct of the Corporation, its employees, agents, contractors, or subcontractors, or (3) the presence of hazardous wastes, hazardous materials or other environmental contaminants on any property within the Redevelopment Area first occurring during the period of ownership of such property by the Corporation and not caused by any action by the City, its employees, contractors or subcontractors. If the validity or construction of the Authorizing Ordinance and/or any other ordinance of the City adopted in connection with this 61 Agreement or the Redevelopment Plan or affecting the proposed Redevelopment Project is contested in court, and provided that the Developer and the City reasonably agree upon the appropriate response to such contest, the Developer shall defend, hold harmless and indemnify the City from and against all claims, demands and/or liabilities of any kind whatsoever including, without limitation, any claim for attorneys' fees and expenses and court costs, and the Developer shall pay any monetary judgment and all court costs rendered against the City, if any. Notwithstanding the foregoing terms of this Section 7.5(b), the Developer is not obligated to defend, hold harmless or indemnify the City with respect to any matter or expense resulting from or arising out of the negligence or willful misconduct of the City and/or its elected and/or appointed officers, governing body, members, servants, employees, agents, contractors or subcontractors. (c) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damage or injury to the persons or property of the Corporation, the Developer or their officers, agents, servants or employees or any other person who may be about the Redevelopment Area, or to the construction of the Redevelopment Project, except for matters arising out of the willful misconduct or negligence of the City or its governing body members, officers, agents, servants, employees, contractors or subcontractors. 7.6 Reserved. 7.7 Notices. Whenever notice or other communication is called for herein to be given or is otherwise given pursuant hereto, it shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, addressed as follows: (a) If to the City: City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri 63702 Facsimile: (573) 339-6302 Attention: City Manager with a copy to: City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri 63702 Facsimile: (573) 339-6302 Attention: Eric Cunningham, Esq. and Gilmore & Bell, P.C. One Metropolitan Square 211 N. Broadway, Suite 2350 St. Louis, Missouri 63102 Facsimile: (314) 436-1166 Attention: Mark Grimm, Esq. (b) If to the Corporation: -10- Thorngate Redevelopment Corporation c/o Blair Leasing, LLC 116 E. Missouri Boulevard Scott City, Missouri 63780 Facsimile: (573) 264-3730 Attention: Ronn Unterreiner with a copy to: Bradshaw, Steele Cochrane & Berens, L.C. 3113 Independence Street Cape Girardeau, Missouri 63701 Facsimile: (573) 334-2947 Attention: Craig Billmeyer, Esq. (c) If to the Corporation: Thorngate Redevelopment Corporation c/o Blair Leasing, LLC 116 E. Missouri Boulevard Scott City, Missouri 63780 Facsimile: (573) 264-3730 Attention: Rona Unterreiner with a copy to: Bradshaw, Steele Cochrane & Berens, L.C. 3113 Independence Street Cape Girardeau, Missouri 63701 Facsimile: (573) 334-2947 Attention: Craig Billmeyer, Esq. All said notices by mail shall be deemed given on the day of deposit in the mail. A change of designated officer or address may be made by a party by providing written notice of such request to the other party. 7.8 Severability. The provisions of this Agreement shall be deemed severable. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement shall remain valid unless the court finds that the valid provisions are so essentially and inseparably connected with and so dependent upon the invalid provision that it cannot be presumed that the parties hereto would have agreed to the valid provisions of this Agreement, or unless the Court finds the valid provisions, standing alone, are incomplete and incapable of being executed in accordance with the contracting parries' intent. 7.9 Headings. The headings and captions of this Agreement are for convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or any provision hereof. 7.10 Recording of Agreement. The Developer shall, at its sole expense, record this Agreement in the real property records of Cape Girardeau County, Missouri. The rights and obligations set forth herein shall be a covenant running with the Redevelopment Area throughout the term of this -11- Agreement. No Building Permit shall be issued for any structure in the Redevelopment Area until proof of such recording has been provided to the City. 7.11 Governing Law; Other Applicable Provisions. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Missouri. The terms of this Agreement do not usurp or limit the City's or any other governmental entity's exercise of administrative and/or legislative discretion as to review and approval of land uses, infrastructure improvements, site plan, architectural elements and related matters. 7.12 Developer's Right of Termination. At any time prior to commencement of construction of the Redevelopment Project, as provided in Section 2.4, the Developer may, by giving written notice to the City and the Corporation, abandon the Redevelopment Project and terminate this Agreement if the Developer determines in its sole discretion that the Redevelopment Project is no longer economically feasible. Upon termination of this Agreement, the parties shall have no further rights or obligations hereunder except as may expressly survive termination. 7.13 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. [Remainder of page intentionally left blank.] -12- IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: City Clerk STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU CITY: CITY OF CAPE GIRARDEAU, MISSOURI By: Harry Rediger Mayor ACKNOWLEDGMENT ) SS. On this day of March, 2011, before me appeared HARRY REDIGER, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the CITY OF CAPE GH ARDEAU, MISSOURI, an incorporated political subdivision of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said city, and said instrument was signed and sealed in behalf of said City by authority of its City Council, and said HARRY REDIGER acknowledged said instrument to be the free act and deed of said city. Subscribed and sworn to before me this My Commission Expires: day of March, 2011. Name: Notary Public -13- CORPORATION: THORNGATE REDEVELOPMENT CORPORATION By: Name: Title: ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS. COUNTY OF ) On this day of March, 2011, before me appeared to me personally known, who, being by me duly sworn, did say that he is the of the THORNGATE REDEVELOPMENT CORPORATION, an urban redevelopment corporation organized under the laws of the State of Missouri, and said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. Subscribed and sworn to before me this day of March, 2011. My Commission Expires: Name: Notary Public -14- DEVELOPER: BLAIR LEASING, LLC By: Name: Title: ACKNOWLEDGEMENT STATE OF MISSOURI ) SS. COUN"T"Y OF On this day of March, 2011, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the of the BLAIR LEASING, LLC, a limited liability company organized under the laws of the State of Missouri, and said instrument was signed in behalf of said company by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said company. Subscribed and sworn to before me this day of March, 2011. My Commission Expires: Notary Public -15- 1 *.q :7 u SITE PLAN A-1 ' PLAT',1W SQUOT WA FIBNn' C+90165 or Addr •16071nd'p3 d Sbz f Ca N0..7Mm�M Ort.F Glard2a $fSlCt1L YIX 69761 x i 7 n) J � hggi y qq\ � � C � 3 Y � av ti - VNVIStf10l !, n o ' `� nt•'` NPS o N� _ ,` I Q n0 u n v an a CCVV L 1 ` n M W n 55i y west NS _+l84 y a 30 De osr OP e, 3nN3Ab � � m P.O. Box 217, Jadw, MO 63755 5734134444..Pg0vtell.n V A-2 FLOORFtAN Ba carer: NlA Fila la: GCe010I PfOpeMPfidlME 1597 IrdaMdHM1,1221 Ca38 P{aTnom3 IB �!C^L�GksM u 51 159 Siett71G Z'p &1761 .e tler o 6'.9 LiO mz-rm» a $� m 4 i� R � � np 1, L A e N o M >� rl 0 o F A �1 x 6i yp x n PO.a. 217, J..h.p ,G1O 83755 5733435:i 41 pOPQVIIMAel A-3 IR �e X 93Fg89"IN � 6r•4E€ 43 6�4f�Efi4i� A-4 II f � t t i k t� ?eaaR�� � 111111 9@@@ � fJH� a ,[JAI y' 33 {dNj � S8 i Oiky � i; O ` I IR �e X 93Fg89"IN � 6r•4E€ 43 6�4f�Efi4i� A-4 LEGAL DESCRIPTION OF THE REDEVELOPMENT AREA All of Lot 1 0£ the Thorngate Subdivision as shown on the Plat recorded on the 13`s day of January, 2011 in Plat Book 25 at page 35 in the Office of the Recorder of Deeds of Cape Girardeau County at Jackson, Missouri. Im EXHIBIT C REDEVELOPMENT PLAN [On File in the Office of the City Clerk] C-1 FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF SUBSTANTIAL COMPLETION The undersigned, Blair Leasing, LLC, a Missouri limited liability company (the "Developer"), pursuant to that Redevelopment Agreement dated as of 1 2011, among the City of Cape Girardeau, Missouri (the "City"), the Thorngate Redevelopment Corporation and the Developer (the "Agreement"), hereby certifies to the City as follows: 1. The roof repair, environmental remediation activities (including the removal of the underground storage tank and stored oil drums, as described in the Redevelopment Plan), the upgrade of the fire suppression system and restoration of the electric, gas and water service have been completed pursuant to the terms of the Agreement. 2. This Certificate of Substantial Completion is being delivered by the Developer to the City in accordance with the Agreement to evidence the Developer's satisfaction of all obligations and covenants with respect to the Redevelopment Project. 3. The City's acceptance (below) or the City's failure to object in writing to this Certificate within 15 days of the date of delivery of this Certificate to the City (which written objection, if any, must be delivered to the Developer prior to the end of such 15 -day period) shall evidence the satisfaction of Developer's construction obligations and covenants pursuant to the Agreement with respect to the Redevelopment Project. The Developer may record this Certificate in the office of the Cape Girardeau County Recorder. This Certificate is given without prejudice to any rights against third parties which exist as of the date hereof or which may subsequently come into being. Terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. IN WITNESS WHEREOF, the undersigned has hereunto set his/her hand this day of , 20 BLAIR LEASING, LLC M D-1 ACCEPTED: CITY OF CAPE GIRARDEAU, MISSOURI (Insert Notary Fonn(s) and Legal Description) D-2 EXHMIT E FORM OF TRANSFEREE AGREEMENT (Name of Transferee) This TRANSFEREE AGREEMENT ("Transferee Agreement") is entered into this _ day of ,20 by and between the CITY OF CAPE GIRARDEAU, MISSOURI (the "City") and a corporation ("Transferee"). RECITALS A. The property to be purchased by Transferee as legally described in Exhibit A attached hereto (the "Property") is part of the Redevelopment Area under the Thorngate Redevelopment Corporation Final Redevelopment Plan (the "Redevelopment Plan") approved by the City pursuant to Ordinance No. adopted by the City Council on March 7, 2011 (the "353 Ordinance"). B. The Property is subject to that certain Redevelopment Agreement for the Thotngate Redevelopment Area among the City, the Thorngate Redevelopment Corporation (the "Corporation"), and Blair Leasing, LLC (the "Developer") dated 2011, and recorded in the Cape Girardeau County Recorder of Deeds Office on 2011, as Document No. (the "Redevelopment Agreement"). C. The Developer is the successor in interest to Corporation with respect to the real property within the Redevelopment Area. D. Sections 5.1(c) and 7.1 of the Redevelopment Agreement require as a condition precedent to certain transfers of property within the boundaries of the Redevelopment Area (as defined in the Redevelopment Agreement) that the proposed transferee enter into and deliver to the City this Transferee Agreement, obligating the Transferee to comply with the requirements of the Redevelopment Plan and the obligations of the Redevelopment Agreement relating to the Property. E. The parties desire to enter into this Transferee Agreement in order to satisfy the conditions precedent set forth in Sections 5.1(c) and 7.1 of the Redevelopment Agreement with respect to the Property. NOW, THEREFORE, for and in consideration of the promises and the covenants entered herein, City and Transferee agree as follows: 1. The Transferee has entered into a purchase contract with the Developer, or an authorized successor and assign, pursuant to which the Transferee will acquire the Property. 2. The Transferee acknowledges that it has been provided with and/or has reviewed the 353 Ordinance and the Redevelopment Agreement. 3. The Transferee acknowledges and agrees that its acquisition of the Property and the transfer of the Property to the Transferee is subject in all respects to the Redevelopment Agreement and the 353 Ordinance, and the rights of the City pursuant to the Redevelopment Agreement, and the URC Law (as defined in the Redevelopment Agreement). 4. The Transferee acknowledges that in the event of the sale, lease, sublease, assignment, or other voluntary or involuntary disposition of any or all of the Property, the obligations of the E-1 Redevelopment Agreement shall continue and shall inure to and be binding upon the heirs, executors, administrators, successors and assigns of the respective subsequent transferees as if they were in every case specifically named and shall be construed as a covenant running with the land and enforceable as if such purchaser, tenant, transferee or other possessor thereof were originally a party to and bound by the Redevelopment Agreement. The Transferee assumes the duty to notify any purchaser, tenant, transferee or other possessor of the property of its rights, duties and obligations under the Redevelopment Agreement. 5. Transferee acknowledges that its purchase and any subsequent sale of the Property will be subject to any and all rights of the City or the Developer, as are set forth in the Redevelopment Agreement, the 353 Ordinance and the URC Law with respect to such purchaser or transferee of the Property, whether or not specifically enumerated herein. 6. The parties agree that the intention of this Transferee Agreement is to ensure that Transferee has actual notice of the rights, duties and obligations contained in the Redevelopment Agreement prior to taking ownership of the Property, and nothing contained in this Transferee Agreement shall be deemed to impose any rights, duties or obligations that are not imposed pursuant to the Redevelopment Agreement. This Transferee Agreement shall be governed by the laws of the State of Missouri. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year. first above written. ATTEST: City Clerk E-2 CITY OF CAPE GIRARDEAU, MISSOURI By:_ Mayor [TRANSFEREE], By: _ [Name] [Title] EXHIBIT A TO TRANSFER AGREEMENT LEGAL DESCRIPTION OF PROPERTY A-1 FORM OF JOBS REQUIREMENT CERTIFICATE This certificate is to be filed by Blair Leasing, LLC (the "Developer") pursuant to Section 4.2 of that Redevelopment Agreement dated as of _ 2011, among the City of Cape Girardeau, Missouri, the Thomgate Redevelopment Corporation and the Developer, as may be amended from time to time (the "Agreement'). Pursuant to the Agreement, this certificate needs to be filed annually on or before October 1 of each year during the term of the Redevelopment Agreement, beginning October 1, 2011. Capitalized terms used in this certificate have the same meaning as set forth in the Agreement. Test Date: October 1, 20_ Name of Developer or Affiliate employing persons Address (Street, City, State, Zip Code): in Redevelopment Area: Federal Employer I.D. Number (FEIN): Missouri State Tax I.D. Number: Highest number of Jobs during the 90 day period PILOT Payment due (Number of Jobs less than 30 ending on Test Date: multiplied by $1,200): The undersigned, duly authorized representative of Blair Leasing, LLC, hereby states and certifies that the information set forth in this report is true and correct and that no person has been hired for the primary purpose of satisfying or inflating the calculation of Jobs required by the Agreement. Authorized Signature Date Contact Name Phone Number Please return form to: City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri 63702 Facsimile: (573) 339-6302 Attention: Ken Eftink F-1 Agenda: February 22, 2011 Staff: Ken Eftink, Assistant City Manager/ Development Services Director .SUBJECT Ordinance approving the record plat of Route K North Second Subdivision EXECUTIVE SUMMARY The owner of the property located at 3333 and 3363 William Street has submitted a record plat to subdivide three (3) lots into two (2) lots. Acceptable plats have been submitted. BACKGROUND/DISCUSSION A record plat has been submitted for Route K North Second Subdivision. This proposed two (2) lot subdivision is located north of William Street, west of St. Francis Drive, and south of Gordonville Road. The developer plans to demolish the existing structure on Lot 2 and construct a new building. The proposed structure encroaches thirteen (13) feet onto the required setback along Gordonville Road. On November 4, 2010, the Zoning Board of Adjustment granted a variance so that the developer could build within the setback. As a result of the structure encroaching into the setback, the transformer box and grease trap for the new building will be within ten (10) feet of the street right-of-way. So, instead of the subdivision plat showing a ten (10) foot utility easement at that location, it is showing a four (4) foot easement and the developer has submitted a letter requesting a variance for the easement requirement at that location. The developer is also requesting a variance for the easement requirement along the western boundary of the subdivision. STAFF RECOMMENDATION Acceptable plats have been submitted and staff recommends approval of the subdivision with the requested variance. BOARD OR COMMISSION RECOMMENDATION The Planning and "Zoning Commission unanimously recommended approval of Route K North Second Subdivision and the requested variances at their meeting on February 9, 2011. ATTACHMENTS • BILL NO. 1 1-22, Ordinance approving record plat • Aerial Map • Letter Requesting a Variance and Subdivision Plat • Subdivision Application BILL NO. 11-22 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF ROUTE K NORTH SECOND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Route K North Second Subdivision, being a re -subdivision of Route K North Subdivision a part of United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated February 2, 2011, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat 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 DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Route K North Second Subdivision Al fiiil� rFr f DRURY SOUTHWEST, INC. yr_ _ 101 S. FARRAR DRIVE P.O. BOX 1214 CAPE GIRARDEAU, MO 63702-1214 I (573) 3353134 3 FAX (573) 335-5125 February 1, 2011 City of Cape Girardeau Planning & Zoning Division 401 Independence Cape Girardeau, Missouri 63701 Attention: Mr. Richard Reinhardt Re: Route K North 2"d Subdivision Variance Request Dear Richard: Attached you will find the above reference Plat for review by the City's Planning and Zoning Commission. The Subdivision Plat is in compliance with all City requirements except we are asking that the City grant a Variance for the following items: a.) No Utility Easement along the westerly lines of Lot 1 and Lot 2. b.) A reduction in width of the Utility Easement running East to West along Gordonville Road from 10' to 4' in the North Easterly comer of Lot 2. Thank you for working with us on this project. If you have any questions please do not hesitate in giving me a call. Sincerely, Larry W ch V ice -President Real Estate & Leasing Enclosure LW/cs t11 R r` Attached you will find the above reference Plat for review by the City's Planning and Zoning Commission. The Subdivision Plat is in compliance with all City requirements except we are asking that the City grant a Variance for the following items: a.) No Utility Easement along the westerly lines of Lot 1 and Lot 2. b.) A reduction in width of the Utility Easement running East to West along Gordonville Road from 10' to 4' in the North Easterly comer of Lot 2. Thank you for working with us on this project. If you have any questions please do not hesitate in giving me a call. Sincerely, Larry W ch V ice -President Real Estate & Leasing Enclosure LW/cs $DN NOTES: +y15 ,•Dx l(• CMI] V .OufL LIaP 5YlClrillww ♦p aL[wC. Ix ,Al eDTxxP, +t - OKE ee. rIE µ[Is 6 BEUIx41 - I.., AVlx A.. ir+li( To....... ulsEOwl tnLN1v{Trz IT. VEIL- 1-1 x101+ MW Lt � uE 11(1 vVtuM0 01•(x41Mi YOM Allx0'.1 •uNxIK3Et a(D w .1 .o- 01Kxuas s+O•x •f•Y ra¢xl+Oi[s wKv u•u r - A. IMI. CIA$, VI IT iLf C, rxVun m. x16xv., [ w[vCIK 1131x10! ieMI[E 1w /[V1 n.1.. roi�o�lxli wviwKu . TRIP. u1x1 Wn61 REAR il¢ - x001 A,. PMA,,/ lOT Dl SUR REFERENCES "CARD o,., s.-.r1<nW�a. CARE.".rco. AR OR, s . ( ,,lA, P.... n m[ CETERA, YUMMIT DEC. MO COC -MTS .4 WtED w 1K .Dat CURRENTONN9MkS`: 1, 1PT[+AORTA :onnumx .10 uKWsllcxT4. nc; . Ow +m . •.CE V[ ADA.A ] - ROUTE .... suaonlslox IxvV T.1-1 T1. 1.1.. DOR I a[ - "PC [¢ A RECORD PLAT OF A MINOR SU BOIVISION ROUTE K NORTH SECOND SUBDIVISION A RESUBDIVISION OF ROUTE K NORTH SUBDIVISION A PART OF UNITED STATES PRIVATE SURVEY NO. 2102 TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDVN. CITY AND COUNTY OF CAPE GIRARDEAU. 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I I T— T- - — —Y)E: — — i�T--T-- -W----V— LAT SEE UTILITY CALLOUT DETAIL THIS SHEET 1 F/F 448.00 —W_ OFIV---aHV----—OHV— =— 37 POL'ENE_�gc ` to J I , 1 � I .�w �' 15 11 2A `I { IZ GRASS OI CO {� WI l I I I VI I 1� U I }, { LL— I Q I u I CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: } K �)OJLieQQ,)Q S06 )Q1V/.Sl6,JIndex# Project Location: Attach surveyor's legal description on CD in State Plane Coordinates This application is for: ❑ Single-family residential ❑ Multi -family ❑ Non-residential ❑ Preliminary Subdivision Plat P Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Mufti Family Residential Commercialllndustrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline Is 3 weeks before the Planning & Zoning Commission meeting held the 2nd Wednesday of each month (except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 1 week before the Planning & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact): PROFESSIONAL SURVEYOR/ENGINEER: Name: i` eAD/( Firm: L,JR Address: zlztr� rim OWNER (tf Different): Name: Firm: Address: t E-mail: DEVELOPER Name: SI-N�y"ry� Firm: Address: Fax: Phone: Fax: Phone: Fax: E-mail: E-mail: 1, the undersigned, do hereby state that 1 have read and fully understand the provisions of this application and further, by my signature, I hereby agree to maintain compliance with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivision of land and, that it is my responsibility to make certain that all deadlines are met so tha to at act) y the City Council is not unnecessarily delayed. Signature of Applicant: U Date: Agenda: March 7, 2011 Staff: W. Eric Cunningham, City Attorney SUBJECT Amending the proposed Ordinance to call an election on the imposition of an Economic Development Sales Tax instead of the extension of the Capital Improvements Sales Tax. EXECUTIVE SUMMARY The City Council needs to amend Bill No. 11-24 calling an election for a one-quarter percent sales tax from a Capital Improvement Sales Tax to an Economic Development Sales Tax. This change will avoid the problem of having two capital improvement sales tax elections occur too close together. BACKGROUND/DISCUSSION The City Council is presently considering ordinances setting the date for elections to authorize the issuance of revenue bonds for a new wastewater treatment facility and improvements to the sanitary sewer collection system and to extend a capital improvements sales tax of one-quarter of one percent for the same purposes. These ordinances are integral parts of a financing plan that will be used to plan, design and construct a wastewater treatment facility and to make improvements to the sanitary sewer collection system. You have previously authorized similar ordinances setting elections for Tuesday, April 5, 2011. These ordinances would set elections for the same purposes on Tuesday, June 7, 2011. These elections will only be held if the voters do not approve the bond authorization or sales tax extension at the April 5 election. We are required to pass these ordinances at this time because of legal timing requirements to get items on the June 7, 2011 ballot. It has been found, however, that the Capital Improvement Sales Tax authorized by Section 94.577, RSMo, contains a restriction which would not allow that tax to be resubmitted to the voters sooner than twelve months from the date of the last proposal. Thus, a different type of sales tax must be used for the June election. The Economic Development Sales Tax authorized by Section 67.1305, RSMo, is a very appropriate substitute. In fact one of the items mentioned in the list of purposes for that economic development sales tax is "improvement of water and wastewater capacity". An Ordinance making this change has been prepared and is attached to this report. That being the case, after the second and third readings of the current Ordinance, the Council will simply need to make a motion to amend Bill No. 11-24, to read as is set out in the attached amended Ordinance, and then approve the Ordinance as amended. STAFF RECOMMENDATION Staff recommends that the City Council make a motion to amend Bill No. 11-24 to read as is set out in the attached amended Ordinance, and then approve the Ordinance as amended. ATTACHMENTS • BILL NO. 11-24, Original Ordinance calling election —sales tax for capital improvements • BILL NO. 11-24, Amended Ordinance calling election - sales tax for economic development purposes. BILL NO. 11-24 ORDINANCE NO. AN ORDINANCE CALLING FOR AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI ON THE QUESTION OF WHETHER TO IMPOSE A ONE-QUARTER OF ONE PERCENT ECONOMIC DEVELOPMENT SALES TAX FOR ECONOMIC DEVELOPMENT PURPOSES. WIIEREAS, the City Council of the City of Cape Girardeau, Missouri (the "City") desires to impose a sales tax of one-quarter of one percent pursuant to Section 67.1305 et seg. of the Revised Statutes of Missouri, as amended, for economic development purposes, including but not limited to the improvement of wastewater treatment capacity; and WIIEREAS, the City Council desires to place a proposition on the June 7, 2011, ballot to authorize the imposition of such sales tax for such purposes; and WIIEREAS, the approval of the proposition will authorize the economic development sales tax to become effective on April 1, 2017, which is after the City's one-quarter of one percent capital improvement sales tax is presently set to expire, unless an earlier effective date is otherwise required by law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CI'T'Y OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. There is hereby imposed a sales tax in the amount of one-quarter of one percent on all retail sales made in the City which are subject to taxation under the provisions of Sections 144.010 to 144525, inclusive, of the Revised Statutes of Missouri, as amended, for economic development purposes. Section 2. The imposition of said sales tax shall become effective on April 1, 2017 or on such earlier date as may be required by law, upon approval thereof by a majority of the votes cast on the proposition by the qualified voters of the City voting thereon. Section 3. An election is hereby ordered to be held in the City on Tuesday, June 7, 2011, on the following proposition: PROPOSITION I Shall the City of Cape Girardeau, Missouri, impose a sales tax of one-quarter of one percent (1/4 of 1%) for economic development purposes, including but not limited to paying a portion of the costs of constructing a new wastewater treatment plant to increase the wastewater treatment capacity, such sales tax to terminate automatically on December 31, 2037? Section 4. The form of the Notice of Election for said election, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. Section 5. The City Clerk is hereby authorized and directed to notify the Clerk of the County Commission of Cape Girardeau County, Missouri of the adoption of this Ordinance no later than 5:00 p.m. on March 29, 2011, and to include in said notification all of the terms and provisions required by Chapter 115 of the Revised Statutes of Missouri, as amended. Section 6. Upon passage of said proposition (but in no event later than 10 days after the election), the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States certified or registered mail (1) a certified copy of this Ordinance, (2) a copy of the abstract of the votes cast on the proposition at said election and (3) a map clearly showing the boundaries of the City. Section 7. If any clause, word, paragraph, section or other part or portion of this Ordinance is held to be invalid, illegal or unconstitutional for any reason, the City Council hereby declares it would nevertheless have enacted the remaining portions thereof and such remaining portions shall remain in full force and effect. Section 8. This Ordinance shall take effect 10 days from and after its final passage. PASSED by the City Council of the City of Cape Girardeau, Missouri, this _ day of March, 2011. (SEAL) ATTEST: Gayle L. Conrad, City Clerk -2- Harry E. Rediger, Mayor EXHIBIT A NOTICE OF ELECTION CITY OF CAPE GIRARDEAU, MISSOURI Notice is hereby given to the qualified voters of the City of Cape Girardeau, Missouri, that the City Council of the City has called an election to be held in the City on June 7, 2011, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT CITY OF CAPE GIRARDEAU, MISSOURI TUESDAY, JUNE 7, 2011 PROPOSITION I Shall the City of Cape Girardeau, Missouri, impose a sales tax of one-quarter of one percent (1/4 of 1%) for economic development purposes, including but not limited to paying a portion of the costs of constructing a new wastewater treatment plant to increase the wastewater treatment capacity, such sales tax to terminate automatically on December 31, 2037? YES ❑ NO ❑ INSTRUCTIONS TO VOTERS: If you are in favor of the proposition, place an X in the box opposite "YES." If you are opposed to the proposition, place an X in the box opposite "NO." The approval of the proposition will authorize the imposition of a one-quarter of one percent (1/4 of 1%) sales tax, which is being collected in addition to the other sales taxes provided for by law on all receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Cape Girardeau, Missouri that are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended. The election will be held at the following polling places in the City: PRECINCT POLLING PLACE DATED: .2011. A-1 Clerk of the County Commission of Cape Girardeau County, Missouri Ordinances setting the date for elections to authorize the issuance of revenue bonds for a new wastewater treatment facility and improvements to the sanitary sewer collection system and to extend a capital improvements sales tax of one-quarter of one percent for the same purposes. EXECUTIVE SUMMARY These ordinances are integral parts of a financing plan that will be used to plan, design and construct a wastewater treatment facility and to make improvements to the sanitary sewer collection system. You have previously authorized similar ordinances setting elections for Tuesday, April 5, 2011. These ordinances would set elections for the same issues on Tuesday, June 7, 2011. These elections will only be held if the voters do not approve the bond authorization or sales tax extension at the April 5 election. We are required to pass these ordinances at this time because of legal timing requirements to get items on the June 7, 2010 ballot. The bond ordinance will ask voters to authorize the issuance of $72 million of sewer revenue bonds. Bonds will only be issued to produce net proceeds of $70 million. The additional authorization will be used to pay issuance costs, underwriting fees, and any original issue discounts that may be needed to sell the bonds. The sales tax extension ordinance will ask voters to extend the expiration date of a current capital improvement sales tax from March 31, 2017 to December 31, 2037. The existing '/% Capital Improvement Sales Tax that will be asked to be extended was approved by voters in 1997 for water system improvements. After March 31, 2017 this tax, if extended, will be used to make payments on any bonds issued to construct a new wastewater treatment facility. With this sales tax extension user charge increases will be kept to a minimum. BACKGROUND/DISCUSSION The proposed wastewater treatment facility is estimated to cost $66 million. Additionally, improvements are required to be made to the sanitary sewer collection system as part of the operating permit issued by Missouri DNR for the treatment facility. Costs for these improvements have not been finalized, but will not exceed $10 million. This funding will serve as an initial investment for completing the highest priorities that will be identified by the Inflow & Infiltration Investigation that will be completed by September 2011. The maximum amount that will be financed to complete the total project is $70 million. STAFF RECOMMFNDATION Staff recommends that the City Council approve the ordinances setting the elections for Tuesday, June 7, 2011. ATTACHMENTS BILL NO. 11-23, Ordinance calling election on bonds BILL NO. 111124, Ordinance calling election on tax extension BILL NO. 11-23 ORDINANCE NO. AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF ISSUING SEWERAGE SYSTEM REVENUE BONDS. BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. The City Council of the City of Cape Girardeau, Missouri (the "City") finds it necessary and hereby declares its intent to borrow up to $72,000,000 for the purpose of acquiring, constructing, extending and improving the sewerage system of the City, including but not limited to constructing a new wastewater treatment plant and other improvements necessary for compliance with the requirements of the Missouri Department of Natural Resources (the "Project"), and to evidence such borrowing by the issuance of sewerage system revenue bonds of the City (the "Bonds") in an amount not to exceed $72,000,000. Section 2. An election is hereby ordered to be held in the City on Tuesday, June 7, 2011, on the following proposition: PROPOSITION Shall the City of Cape Girardeau, Missouri, issue its sewerage system revenue bonds in the amount of $72,000,000 for the purpose of acquiring, constructing, extending and improving the sewerage system of the City, including but not limited to constructing a new wastewater treatment plant and other improvements necessary for compliance with the requirements of the Missouri Department of Natural Resources? The authorization of the bonds will authorize the City Council to fix, establish, maintain and collect rates and charges for the services provided by said system as will produce income and revenues sufficient to provide funds to pay the costs of operation and maintenance of the system and the principal of and interest on the bonds as they become due and to provide for the establishment of reasonable reserves therefor, any provision of the City's charter to the contrary notwithstanding. Section 3. The form of the Notice of Bond Election for said election, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. Section 4. The City Clerk is hereby authorized and directed to notify the Clerk of the County Commission of Cape Girardeau County, Missouri, of the adoption of this Ordinance no later than 5:00 p.m. on March 29, 2011, and to include in said notification all of the terms and provisions required by Chapter 115 of the Revised Statutes of Missouri, as amended. Section 5. The Mayor, the City Clerk and other officers and representatives of the City are hereby authorized and directed to take such other action as may be necessary to carry out the purpose and intent of this Ordinance. Section 6. If any clause, word, paragraph, section or other part or portion of this Ordinance is held to be invalid, illegal or unconstitutional for any reason, the City Council hereby declares it would nevertheless have enacted the remaining portions thereof and such remaining portions shall remain in full force and effect. Section 7. This Ordinance shall take effect 10 days from and after its final passage. PASSED by the City Council of the City of Cape Girardeau, Missouri, this day of March, 2011. Harry E. Rediger, Mayor (SEAL) Gayle L. Conrad, City Clerk EXHIBIT A NOTICE OF BOND ELECTION Notice is hereby given to the qualified voters of the City of Cape Girardeau, Missouri, that the City Council of the City has called an election to be held in the City on Tuesday, June 7, 2011, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT BOND ELECTION CITY OF CAPE GIRARDEAU, MISSOURI TUESDAY, JUNE 7, 2011 PROPOSITION Shall the City of Cape Girardeau, Missouri, issue its sewerage system revenue bonds in the amount of $72,000,000 for the purpose of acquiring, constructing, extending and improving the sewerage system of the City, including but not limited to constructing a new wastewater treatment plant and other improvements necessary for compliance with the requirements of the Missouri Department of Natural Resources? The authorization of the bonds will authorize the City Council to fix, establish, maintain and collect rates and charges for the services provided by said system as will produce income and revenues sufficient to provide funds to pay the costs of operation and maintenance of the system and the principal of and interest on the bonds as they become due and to provide for the establishment of reasonable reserves therefor, any provision of the City's charter to the contrary notwithstanding. YES ❑ NO ❑ INSTRUCTIONS TO VOTERS: If you are in favor of the proposition, place an X in the box opposite "YES." If you are opposed to the proposition, place an X in the box opposite "NO." The election will be held at the following polling places in the City: PRECINCT POLLING PLACE DATED: 2011. Clerk of the County Commission of Cape Girardeau County, Missouri BILL NO. 11-24 ORDINANCE NO. AN ORDINANCE CALLING FOR AN ELECTION IN THE CITY OF CAPE GHURDEAU, MISSOURI ON THE QUESTION OF WHETHER TO EXTEND THE PRESENT ONE-QUARTER OF ONE PERCENT CAPITAL IMPROVEMENT SALES TAX FOR THE PURPOSE OF FUNDING CAPITAL IMPROVEMENTS. WHEREAS, the City Council of the City of Cape Girardeau, Missouri (the "City") currently impose a sales tax of one-half of one percent pursuant to Section 94.577 et seq. of the Revised Statutes of Missouri, as amended, for the purpose of funding capital improvements for the City, including but not limited to the expansion of the waterworks system and related improvements thereto, and the retirement of debt under previously authorized bonded indebtedness for such purposes; and WHEREAS, the City's one-quarter of one percent capital improvement sales tax is presently set to expire on March 31, 2017; and WHEREAS, the City Council desires to place a proposition on the June 7, 2011, ballot to extend the imposition of such sales tax for the purpose of funding capital improvements for the City and the operation of maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system and the retirement of authorized bonded indebtedness for such purposes; and WHEREAS, the approval of the proposition will authorize the extension of the existing sales tax beyond March 31, 2017, but will not result in any increase in the amount of the tax. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. There is hereby extended the imposition of the existing sales tax in the amount of one- quarter of one percent on all retail sales made in the City which are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended, for the purpose of funding any municipal capital improvement. Section 2. The extension of the imposition of said sales tax shall become effective as provided by law upon approval thereof by a majority of the votes cast on the proposition by the qualified voters of the City voting thereon. Section 3. An election is hereby ordered to be held in the City on Tuesday, June 7, 2011, on the following proposition: PROPOSITION Shall the City of Cape Girardeau, Missouri, extend the imposition of the City's existing sales tax of one-quarter of one percent (1/4 of 1%) for the purpose of funding capital improvements and the operation and maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system necessary for compliance with the requirements of the Missouri Department of Natural Resources and the retirement of authorized bonded indebtedness for such purposes, such sales tax to terminate automatically on December 31, 2037? Section 4. The form of the Notice of Election for said election, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. Section 5. The City Clerk is hereby authorized and directed to notify the Clerk of the County Commission of Cape Girardeau County, Missouri of the adoption of this Ordinance no later than 5:00 p.m. on March 29, 2011, and to include in said notification all of the terms and provisions required by Chapter 115 of the Revised Statutes of Missouri, as amended. Section 6. Upon passage of said proposition, the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States certified or registered mail (1) a certified copy of this Ordinance, (2) a copy of the abstract of the votes cast on the proposition at said election and (3) a map clearly showing the boundaries of the City. Section 7. If any clause, word, paragraph, section or other part or portion of this Ordinance is held to be invalid, illegal or unconstitutional for any reason, the City Council hereby declares it would nevertheless have enacted the remaining portions thereof and such remaining portions shall remain in full force and effect. Section 8. This Ordinance shall take effect 10 days from and after its final passage. PASSED by the City Council of the City of Cape Girardeau, Missouri, this _ day of March, 2011. (SEAL) Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk EXHIBIT A NOTICE OF ELECTION CITY OF CAPE GIRARDEAU, MISSOURI Notice is hereby given to the qualified voters of the City of Cape Girardeau, Missouri, that the City Council of the City has called an election to be held in the City on June 7, 2011, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT CITY OF CAPE GIRARDEAU, MISSOURI TUESDAY, JUNE 7, 2011 PROPOSITION Shall the City of Cape Girardeau, Missouri, extend the imposition of the City's existing sales tax of one-quarter of one percent (1/4 of 1%) for the purpose of funding capital improvements and the operation and maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system necessary for compliance with the requirements of the Missouri Department of Natural Resources and the retirement of authorized bonded indebtedness for such purposes, such sales tax to terminate automatically on December 31, 2037? YES ❑ NO ❑ INS'T'RUCTIONS TO VOTERS: If you are in favor of the proposition, place an X in the box opposite "YES." If you are opposed to the proposition, place an X in the box opposite "NO." The approval of the proposition will authorize the extension of the imposition of the City's existing one-quarter of one percent (1/4 of 1%) sales tax, which is being collected in addition to the other sales taxes provided for by law on all receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Cape Girardeau, Missouri that are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended. The election will be held at the following polling places in the City: PRECINCT DATED: 2011. POLLING PLACE Clerk of the County Commission of Cape Girardeau County, Missouri SUBJECT Ordinance authorizing the prepayment of $1,960,000 principal amount of the City's Certificates of Participation (City of Cape Girardeau, Missouri, Airport Facilities Project), Series 2001A and the appropriation of funds and provision of notice in connection therewith. EXECUTIVE SUMMARY The attached ordinance authorizes the City Manager to call the referenced Certificates on any date after March 31, 2011. It also appropriates money in the City's budget to prepay the Certificates. Prepaying the current outstanding Certificates would allow the Airport manufacturing facility to be used for purposes other than manufacturing (a requirement of the current Certificates) and make it easier to market that building. The Certificates will only be called after an alternative funding source has been identified. BACKGROUND/DISCUSSION Staff is currently investigating the issuance of new debt with taxable rates and various other internal financing options. New debt will not be able to be issued until the current lease with CPAC is terminated and they have vacated the building. The current outstanding Certificates of Participation will only be called after an alternative funding source has been identified. FINANCIAL IMPACT The financial impact will depend upon which financing option is chosen. At minimum, we should receive additional revenue from the building. STAFF RECOMMENDATION Staff recommends that the City Council approve the attached ordinance. ATTACHMENTS 0 BILL NO. 1 11 1^25, Ordinance authorizing prepayment of certificates of participation BILL NO. 11-25 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE PREPAYMENT OF $1,960,000 PRINCIPAL AMOUNT OF THE CITY'S CERTIFICATES OF PARTICIPATION (CITY OF CAPE GIRARDEAU, MISSOURI, AIRPORT FACILITIES PROJECT), SERIES 2001A, AND THE APPROPRIATION OF FUNDS AND THE PROVISION OF NOTICE IN CONNECTION THEREWITH WHEREAS, the City of Cape Girardeau, Missouri (the "City") entered into a lease purchase transaction with UMB Bank, N.A., as trustee (the "Trustee"), and pursuant to a Declaration and Indenture of Trust dated as of September 1, 2001 (the "Indenture"), the Trustee delivered $2,665,000 principal amount of Certificates of Participation (City of Cape Girardeau, Missouri, Airport Facilities Project) Series 2001A (the "Series 2001A Certificates") for the purpose of acquiring and constructing an aircraft manufacturing facility and acquiring and installing certain equipment for such facility; and WHEREAS, the City now desires to prepay all of the Series 2001A Certificates scheduled to mature on April I, 2017 and thereafter, outstanding in the principal amount of $1,960,000 (collectively referred to herein as the "Prepaid Certificates"). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. Prepayment of Prepaid Certificates. The Prepaid Certificates are hereby called for prepayment prior to maturity on April I, 2011. The Prepaid Certificates shall be prepaid at the principal corporate trust office of the Trustee, by the payment on the prepayment date of the principal thereof, together with any prepayment premium and accrued interest thereon to the prepayment date. The City Manager is authorized to cause notice of the call for prepayment of the Prepaid Certificates to be given in the manner provided in the Indenture, and any actions already taken by the City Manager to provide the requisite notice for the prepayment of the Prepaid Certificates are hereby ratified. The officers of the City and the Trustee are hereby authorized and directed to take such other action as may be necessary in order to effect the prepayment of such Prepaid Certificates as herein provided. Article 2. Appropriation of Money. The City Council hereby irrevocably budgets and appropriates money from the City's Debt Service Fund in an amount not to exceed $2,000,000 to prepay the Prepaid Certificates on the designated prepayment date. Article 3. Further Authority. The officers, agents and employees of the City, including the Mayor, the City Manager, the Finance Director and the City Clerk, are authorized and directed to execute all documents and take such actions as they may deem necessary or advisable to carry out and perform the purposes of this Ordinance, and to carry out, comply with and perform the duties of the City, to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. Article 4. Severability. If any section or other part of this Ordinance, whether large or small, is for any reason held invalid, the invalidity thereof shall not affect the validity of the other provisions of this Ordinance. Article 5. Effective Date. This Ordinance shall take effect 10 days from and after its final passage. PASSED AND APPROVED THIS DAY OF , 20 (SEAL) ATTEST: Gayle L. Conrad, City Clerk -2- Harry E. Rediger, Mayor Agenda: March2011 Staff: Ken Eftink, Assistant City Manager/ AGENDA RPOR Director of Development ServicesGirardeauCouncil An Ordinance adopting revisions to Chapter 30, Zoning Ordinance. EXECUTIVE SUMMARY Several amendments are proposed to the Zoning Ordinance. These were presented at the February 22 City Council meeting, and the first reading of an ordinance adopting these amendments was approved. See Agenda Report 11-034 attached BACKGROUND/DIS CUSSION One of the revisions related to the Central Business District regulations was to allow for residential uses. Residential uses were allowed in the previous C-3 District. The CBD district covers a large area of the downtown area. Attached is a map showing the CBD district. Another amendment established the Downtown Commercial Corridor (DCC) Overlay District which is designed to protect the commercial integrity of the commercial corridors in the downtown area. With the amendment made by the City Council at the last meeting, residential uses will be allowed in the DCC Overlay District on upper levels of buildings and in the rear portion of the street level. With a special use permit, residential uses will be allowed on the first floor street frontage in new construction and redevelopment projects in the DCC Overlay District. Any existing single family residences are legal, non -conforming uses. The Development Code Committee of the Planning and Zoning Commission has reviewed all of the proposed revisions to the Zoning Ordinance. Additionally, Marla Mills and Steve Hoffman, representing Old Town Cape, were involved with the development of the Downtown Commercial Corridor Overlay District. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The revisions to the Central Business District should promote a dynamic mix of commercial and residential uses in the downtown area. STAFF RECOMMENDATION The staff recommends that the City Council approve the second and third readings of the attached Ordinance which makes revisions to Chapter 30, the Zoning Ordinance. PUBLIC OUTREACH The Planning and Zoning Commission held a Public Hearing on the proposed revisions at their meeting on January 12, 2011. The City Council held a Public Hearing on the proposed revisions at their February 7th, 2011 meeting. No one spoke at either Public Hearing. The first reading of the proposed ordinance was approved at the February 22 City Council meeting. ATTACHMENTS • Zoning Code - Amendments Summary • Zoning Code -Amendments with strikes/highlights • BILL NO. 11-26, Ordinance adopting revisions to Chapter 30, Zoning Ordinance • Map showing Commercial Business District downtown • May showing the proposed boundaries of the Downtown Commercial Corridor (DCC) Overlay District. Agenda: February 22, 2011 I AGENDA REPORT Staff: Ken Eftink, Assistant City Manager/ � � Cuncil Director of Development Services ' SUBJECT An Ordinance adopting revisions to Chapter 30, Zoning Ordinance. EXECUTIVE SUMMARY Several amendments are proposed to the Zoning Ordinance. Some of these revisions involve changing references to the newly adopted Development Code sections, others are minor corrections that were discovered after the adoption of the new Zoning Ordinance last March, and some are fairly substantive revisions. BACKGROUND/DISCUSSION The primary revisions being proposed for the Zoning Ordinance are: Change references to Development Code sections that are now adopted. Revise the Central Business District regulations to allow for residential uses. Residential uses were allowed in the previous C-3 District. The CBD district covers a large area of the downtown area. Attached is a map showing the CBD district. Currently, the only residential uses allowed in the CBD district are on upper levels of buildings or, with a special use permit, in the rear portion of the street level. Therefore, any existing single family residences are legal, non -conforming uses. Additionally, no new residential uses, such as townhouses or apartment buildings, would be allowed in the CBD district. In order to encourage residential uses in the core downtown area, residential uses should be restored as a use by right in the CBD district. In order to preserve commercial corridors in the CBD district, such as Main Street, Spanish Street, Broadway and Sprigg Street, residential uses should not be allowed on the street level storefront of commercial buildings. In order to accomplish this goal, it is proposed that an overlay district for downtown commercial corridors (DCC) be established which restricts residential use to upper floors and the rear of the street level. A map showing the proposed Downtown Commercial Corridor (DCC) overlay district is attached. The map has been updated from the Council meeting of February 7`h. Add billboards as a Special Use in the C-2, M-1, and M-2 zoning districts. Billboards were left out of the Zoning Ordinance as a use, which appears to be inadvertent. Revise the Planned Development (PD) district: 1. Clarify that the PD district is designed for new developments, not to permit uses not allowed in other zoning districts 2. Set standards for billboards and telecommunication towers to be located in a PD district. 3. Clarify that variances to Development Code standards can be approved with the Final Development Plan and not have to be approved by the Board of Adjustment. Revise the standard for telecommunication tower locations so that towers must be set back from any structure a distance equal to 1.5 times the height of the tower. • Other minor changes. The Development Code Committee of the Planning and Zoning Commission has reviewed these proposed revisions. Additionally, Marla Mills and Steve Hoffman, representing Old Town Cape, were involved with the development of the Downtown Commercial Corridor Overlay District. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS The revisions to the Central Business District should promote a dynamic mix of commercial and residential uses in the downtown area. STAFF RECOMMENDATION The staff recommends that the City Council approve the first reading of the attached Ordinance which makes revisions to Chapter 30, the Zoning Ordinance. There was good discussion the night of the public hearing regarding Section 30-355 and residential uses on the first floor. An amendment has been drafted that is included in the attached Ordinance. The added words are underlined and the deleted words are struck through. Sec..30-355. - DCC, downtown. commercial corridor overlay district. (a) Purpose. (b) This overlay district is designed to preserve the commercial integrity of major corridors in the downtown area. While this district permits residential uses on upper floors of buildings, or in the rear areas of the street level of buildings w#-the-appreval-�lawsu —permit, commercial and retail uses on the street level storefronts promote the commercial integrity of these major corridors. Permitted uses. (1) Residential uses, on upper floors and rear of the street level of buildings only. (c) Special; uses. (1) None. PUBLIC OUTREACH The Planning and Zoning Commission held a Public Hearing on the proposed revisions at their meeting on January 12, 2011. The City Council held a Public Hearing on the proposed revisions at their February 7th, 2011 meeting. No one spoke at either Public Hearing. ATTACHMENTS • Zoning Code - Amendments Summary • Zoning Code - Amendments with strikesihighlights • BILL NO. 111126, Ordinance adopting revisions to Chapter 30, Zoning Ordinance • Map showing Commercial Business District downtown • Map showing the proposed boundaries of the Downtown Commercial Corridor (DCC; Overlay District. Chapter 30. Zoning Proposed Amendments Summary 02/22/11 Section # Description Page # 30-105 Definitions (93) Add definition of subdivision............................................................................ 9-10 30-202 Planning and Zoning Commission (a) Delete definition of subdivision and street............................................................11 (n) section # reference.................................................................................................13 (o) section # reference.................................................................................................14 Article 3. District Regulations 30-300 General (a) Corrected number of zoning districts....................................................................22 (a) Added DCC Downtown Commercial Corridor Overlay District ..........................22 (b)(4) reference to new Development Code.....................................................................23 30-321 RE, rural estate residential district (e) reference to new Development Code.....................................................................29 30-322 R-1, single-family suburban residential district (f) reference to new Development Code.....................................................................29 30-323 R-2, single-family urban residential district (f) reference to new Development Code.....................................................................31 30-324 R-3, high density single-family residential district (e)(5)(c)(1) No side yard requirements for duplexes and townhouses.....................................35 (f)(3) reference to new Development Code, AG -1 bufferyard........................................35 (g) reference to new Development Code............................................................... 35-36 30-325 R-4, medium density multifamily residential district, (f) reference to new Development Code, AG -1 bufferyard........................................38 (g) reference to new Development Code, parking......................................................38 30-326 R-5, high density multifamily residential district (f)(3) reference to new Development Code, AG -1 bufferyard........................................40 (g) reference to new Development Code, parking......................................................40 30-327 RUMD, residential urban mixed density district (d)(3) Add bars, with SUP...............................................................................................42 (g)(3) reference to new Development Code, AG -1 bufferyard........................................43 (h) reference to new Development Code, parking......................................................43 30-328 RMH, residential manufactured home district (i) reference to new Development Code, parking......................................................46 30-331 NC, neighborhood commercial district (g)(3) reference to new Development Code, AG-1 bufferyard........................................49 (h) reference to new Development Code, parking......................................................49 30-332 CBD, central business district , l (b)(4) residential uses permitted......................................................................................50 (d)(7) remove SUP requirement for residential use.........................................................50 (e)(1) delete, reference to residential use........................................................................51 (g)(3) reference to new Development Code, AG-1 bufferyard........................................52 (h) reference to new Development Code, parking......................................................52 30-333 C-1, general commercial district (g)(3) reference to new Development Code, AG-1 bufferyard........................................55 (h) reference to new Development Code, parking......................................................55 30-334 C-2, highway commercial district (d)(7) billboards permitted by SUP, previously omitted in error.....................................56 (g)(3) reference to new Development Code, AG-1 bufferyard........................................57 (h) reference to new Development Code, parking......................................................57 30-335 M-1, light manufacturing/industrial district (d)(6) billboards permitted by SUP, previously omitted in error.....................................59 (g)(3) reference to new Development Code, AG-1 bufferyard........................................60 (h) reference to new Development Code, parking......................................................60 30-336 M-2, heavy manufacturing/industrial district (d)(6) billboards permitted by SUP, previously omitted in error.....................................62 (g)(3) reference to new Development Code, AG-1 bufferyard........................................63 (h) reference to new Development Code, parking......................................................63 30-341 PD, planned development district (b) general standards of PD.........................................................................................64 (m) land uses allowed in PD, billboards and telecommunication towers.....................67 30-342 A-1, airport district — (f)(3) -- - reference to new Development Code, AG=1-bufferyard.— .........................: - (I)(1) reference to new Development Code.....................................................................76 30-353 CX, adult entertainment overlay district (b)(4) reference to new Development Code, AG-1 bufferyard.......................................93 30-355 Added DCC Downtown Commercial Corridor Overlay District ..........................96 30-403 Accessory structures and uses (b) reference to new Development Code, AG -1 bufferyard........................................98 30-404 Telecommunication towers; standards (a)(4) tower setbacks........................................................................................................99 Article 5. Other regulations - deleted, included in new Development Code ......................107 TO TABLE OF CONTENTS: Add Sec. 30-355 DCC, downtown commercial corridor overlay district Delete ARTICLE 5. Other Regulations ARTICLE 1. GENERAL PROVISIONS Sec. 30-101. -Authority. This chapter is adopted under the authority granted by RSMo §§ 89.010-89.491. In enacting this chapter for the zoning and development of land, the city is exercising its constitutional home rule power pursuant to Article VI, Section 19(a) of the Constitution of the State of Missouri, including, but not limited to, the authority granted in article II of the Charter of the City of Cape Girardeau; and all other powers derived from the Constitution and the laws of the State of Missouri, including those powers explicitly granted by and necessarily implied by RSMo Chapter 89. (Ord. No. 4109, an. Z 3-1-10) ISec. 30-102. - Title. This chapter shall be the official zoning code of the City of Cape Girardeau, Missouri; and shall be known, cited and referenced as the "Zoning Code of the City of Cape Girardeau, Missouri". (Ord. No. 4109, an. Z 3-1.10) ISec. 30-103. - Purpose. This chapter is adopted in order to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residential or other purposes by dividing the City of Cape Girardeau into residential, commercial, industrial, and other districts, each with their own regulations and restrictions with respect to the use and development of land with the city; to regulate and restrict the height, number of stories, size, bulk of buildings and other structures; to restrict the percentage of a lot that may be occupied by buildings or structures; to require setbacks from highways and streets; to specify the size of yards and open space and the spacing of buildings and structures; to regulate the density of population; to conserve and protect the value and economic use of property within the city; to preserve buildings and structures and features thereof, that have historical significance; and to prevent or ameliorate traffic congestion. (Ord. No. 4109, art. Z 3-1-10) Sec. 30.104. - Interpretation. Page 1 of 129 1-20-11 The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety and general welfare of the city and shall be construed in favor of the city and shall not be deemed a limitation of any power granted by RSMo Chapter 89. (Ord. No. 4109, art. $ 3.1-10) Sec. 30-105. - Definitions. Words or phrases in this chapter shall be interpreted so as to give them the same meaning as they have in common usage. However, for the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Accessory structure. A detached subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use, and which is greater than one hundred fifty (150) square feet in size. (2) Accessory use. A subordinate use which is incidental to and customary in connection with the principal building or use, and is located on the same lot with such principal building or use. {.+Ukt� St ultw t '' rdnnpx! I Agricultural use. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Alley. A thoroughfare which affords only a secondary means of access to abutting property. Alteration. Any act or process that changes one (1) or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure. Animal feeding operation (AFC). Animal feeding operations (AFO) as defined by Environmental Protection Agency Regulations; includes agricultural operations where animals are kept and raised in confined situations. AFO congregate animals, feed, manure and urine, dead animals, and production operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. Antenna. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. The term shall exclude any receive -only home television antenna. Page 2 of 129 1-20-11 Bed and breakfast. An owner -occupied dwelling or portion thereof, which contains guest rooms where short-term lodging, with or without meals, is provided for compensation. Bedroom. A sleeping room as defined in section 7-361 of the City Code. Board of adjustment The board established pursuant to section 30-204 of this chapter. Bufferyard. A landscaped area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another, and to block out noise, lights or other nuisances. (12) (13) (14) Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property. Building coverage. The horizontal area measured within the exterior walls of the ground floor of all principal and accessory buildings on a lot divided by the gross area of the lot. Building, height. The vertical distance from the average grade to the highest point of the coping of a flat roof or to the deckline of a mansard roof or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, excluding elevator shafts and equipment. - U, bJIrF --- I:JI wf U YAlI1L�ni/ Canopies. An independent, ground -supported, roofed structure with totally open sides. Carport. A roofed structure providing space for the parking of vehicles which is open on not less than two (2) sides. Certificate of appropriateness. A certificate issued by the Cape Girardeau Historic Preservation Commission authorizing an alteration, construction, removal or demolition affecting a defined feature described and delimited in the designation of a historic site or district. Cluster subdivision. A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features. Page 3 of 129 1-20-11 21. ¢Aw, f&a. L& 24 dkGbli L& W CV Sfu Q* Dpd . w (19) Concentrated animal feeding operations (CAFO). Concentrated animal feeding operations (CAFO) as defined by Environmental Protection Agency Regulations. (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) Construction. The act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property. Conversion. The alterafion or adaptive reuse of a structure to accommodate uses for which it was not originally designed or constructed. Examples include, but are not limited to, converting a warehouse into a restaurant, or converting an office building into residential apartments. Council. The city council of the City of Cape Girardeau, Missouri. Day care, commercial. The care for compensation of individuals on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the individual's own dwelling unit. Day care, home. A dwelling, occupied as a permanent residence, in which care is given for compensation to individuals unrelated to the residents of the home. Demolition. As it pertains to a landmark or historic district means any act or process which affirmatively destroys, in part or in whole, a landmark or a structure within a historic district, or which affirmatively threatens to destroy a landmark or a structure within a historic district. Density. The number of dwelling units per acre. Designation, historic. The identification and registration of properties that meet the criteria established by the city or the state for the preservation of significant historic and prehistoric resources within the city. District. A section of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform. Dock. The location in the City of Cape Girardeau authorized under RSMo § 313.800 et seq., where an excursion gambling boat moors for the purpose of embarking passengers for and disembarking passengers from a gambling excursion; or where an excursion gambling boat is continuously docked; or where a floating facility for gambling purposes is more or less continuously moored; or where pleasure or fishing boats are moored for any period of time. Drive-thru restaurants. A restaurant where the facilities or services are designed to permit food or beverages to be consumed on the premises outside of the building or in automobiles parked on the premises. Duplexes. See "Dwelling, two-family." Page 4 of 129 (33) (34) (35) (36) (37) (38) 1-20-11 Dwelling. Any building or portion thereof which is designed and used exclusively for residential purposes. Dwelling, multifamily. A building having accommodations for and occupied exclusively by more than two (2) families with no more than two (2) unrelated persons per bedroom. Dwelling, single-family. A building having accommodations for and occupied exclusively by one (1) family. Dwelling, two-family. A building having accommodations for and occupied by two (2) families. Exterior architectural appearance. The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material, and the type, design and character of all windows, doors, light fixtures, and signs. Excursion gambling boat or floating gambling facility. A boat, ferry, barge, or similar structure licensed by the Missouri Gaming Commission on which gambling games are allowed. Family. a. b. c. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or Three (3) or fewer unrelated persons living as a single housekeeping unit; or Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, living as a single housekeeping unit. Domestic servants, employed on the premises, may be housed on the premises without being counted as part of the family. The term family shall not be construed to mean a fraternity, sorority, club or institutional group. (39) Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. (40) Floor area ratio (FAR). The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are located. I>,alit AXQ (41) (42) (43) Frontage. The lot line that abuts a street right-of-way. The frontage of a lot abutting more than one (1) street shall be calculated separately for each street. Gambling excursion. The time during which gambling games may be operated on an excursion gambling boat or floating facility whether docked or during a cruise. Garage, private. An accessory building or portion of a main building, or part thereof, designed or used for the storage of vehicles owned and used by the occupants of the building. Page 5 of 129 1-20-11 (44) Historic district. An area designated as a "historic district" by ordinance of the city council pursuant to section 30-352 of this chapter. (45) (46) (47) (48) (49) (50) (51) Home occupation. Any activity, whether or not for financial gain, conducted in or directed from a residential dwelling unit by one (1) or more family members residing within that dwelling unit. Hotel. Any structure, or building, under one (1) management, which contains a room or rooms furnished for the accommodation or lodging of guests, with or without meals being provided, and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests. Infill development. New construction on vacant or underutilized parcels of land, or clearance and redevelopment to replace dilapidated or deteriorated structures. Kennel. An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business, or by a not-for-profit organization. Landmark, local. A property or structure designated as a "landmark" by ordinance of the city council, pursuant to section 30-352 of this chapter. Loading space. A space on the lot accessible to an alley or street, not less than ten (10) feet in width, twenty (20) feet in depth and ten (10) feet in height. Lot. a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including the open spaces and parking spaces required by this chapter, and having its principal frontage upon a public or private street. :~ i ra,u i i P.prer- LA i lar i i t� WO'LW i " i 11—ti i +.ir r xa I ut 1 i i I (52) (53) (54) (55) (56) Lot, comer. A lot abutting upon two (2) or more streets at their intersection. Lot, depth of. The mean horizontal distance between the front and rear lot lines. Lot, interior. A lot other than a corner lot. Lot of record. A lot which is a part of a subdivision, the map of which was recorded in the office of the county recorder; or a parcel of land, the deed to which was recorded in the office of the county recorder, prior to the original adoption of this ordinance on December 20, 1967. Manufactured business unit (mobile business unit). A factory -built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, Page 6 of 129 (57) (58) (59) (60) (61) (62) (63) 1-20-11 when erected on-site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used for commercial, educational, or industrial purposes with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured unit placed thereon may be moved from time to time at the convenience of the owner. Manufactured business units (mobile business units) are those factory -built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Acts, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the Missouri Public Service Commission. The term "manufactured business unit" shall also include units defined as above if such units are in two (2) or more separately towable components designed to be joined into one (1) integral unit capable of being again separated into components capable of repeated towing and includes two (2) or more manufactured business units joined into a single business unit which are kept on separate chassis for repeated towing. Manufactured home (mobile home). A factory built structure or structures which, in traveling mode, is eight (8) body feet or more in width or forty (40) body feet in length, or, when erected on-site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner. Manufactured homes (mobile homes) are those factory -built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the Missouri Public Service Commission. The term "manufactured home" shall also include units defined as above if such units are in two (2) or more separately towable components designed to be joined into one (1) integral unit capable of being again separated into the components capable of repeated towing and includes two (2) or more manufactured home units joined into a single residential unit which are kept on separate chassis for repeated towing. Manufactured home (mobile home) park. A parcel of land which has been developed for the placement of more than one (1) manufactured home (mobile home). Microbmwery. A business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less (one (1) barrel of beer yields two (2) common fifteen and one-half (15'/:) gallon kegs). Nonconforming use. Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto, which does not conform after the passage of this chapter or amendment thereto with the use regulations of the district in which it is situated. Nursing home, senior citizen housing or retirement home. A home for the aged or infirm in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Office. A place where business or services for others is transacted, and not a place where goods, wares, or merchandise are commonly created, exchanged or sold. Page 7 of 129 (64) (65) (66) (67) (68) (69) (70) (71) (72) (73) (74) (75) (76) (77) 1-20-11 Open space. Any space on a lot that is unobstructed to the sky except for the ordinary projection of j cornices and eaves. Open space shall not include areas covered by structures, decks, porches, parking areas, driveways, internal streets and other forms of impervious surface other than sidewalks and trails. Open space may include up to one-half (Y) of the open space requirement [which] may be in water, floodplain and stormwater detention facilities. Owner of record. The person, corporation or other legal entity listed as owner on the records of the county recorder of deeds. Parking lot. An open surfaced area used exclusively for the temporary storage of motor vehicles. Permitted uses. A use specifically listed as being allowed in a particular zoning classification, or a substantially similar use as determined by the City Manager. Porch. A roofed structure attached to a building and open on two (2) or more sides. A screened -in porch shall not be considered open. Pub, brewery. A bar, tavem, pub, or restaurant -bar wherein beer is brewed on the premises in a microbrewery for sale either on or off the premises. Rehabilitation. Returning structure to a state of usefulness by replacement and alteration designed to encourage its continued usage while preserving exterior features of significant value. Examples include reconstruction of a porch, or removal and replacement of windows and doors. Renovation. Refurbishing a structure so it conforms to minimum standards of sanitation, fire, and life safety, while preserving exterior features of significant value. Repair. Any change that is not construction, removal or alteration. Restaumat. A place of business where prepared food and beverage are sold for consumption within the building or away from the premises. Residential treatment facilities. A facility used for the purpose of providing twenty -four -hour -a -day, residential living accommodations for the purpose of providing assistance for substance abuse, physical abuse, and other life controlling problems. Screening. A device or material used to conceal one (1) element of a development from other elements or from adjacent or contiguous development. Screening may include one (1) or a combination of the following materials of sufficient mass to be opaque or that shall become opaque after twelve (12) months and which shall be maintained in an opaque condition: walls, berms, fences, or plantings. Senior citizen. An individual over the age of sixty (60) years. Significant properties. Are generally those which meet the Secretary of the Interior's standards for evaluating structures within registered historic districts. A structure contributing to the historic significance of a site or district is one that by location, design, setting, materials, workmanship, feeling, and association adds to the site's or district's sense of time and place and historical development. A structure not contributing to the historic significance of a site or district is one that detracts from the site's or district's sense of time and place and historical development; or one where the integrity of the original design or individual architectural features or spaces have been irretrievably lost; or one where physical deterioration or structural damage has made it not reasonably feasible to rehabilitate the building. Ordinarily, structures that have been built within the past fifty (50) years will not be considered unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the district are considered to be less than fifty (50) years old. Page 8 of 129 (78) (79) (80) (83) (84) (85) (86) (87) (88) (89) (90) (91) (82) (93) 1-20-11 Site, historic. Any area or location occupied as a residence or utilized by humans for a sufficient length of time to construct features, or deposit a number of artifacts, or any place with evidence of past human activity. Sites include, but are not limited to, occupation, location, work areas, evidence of farming or hunting and gathering, burial remains, artifacts, and structures of all types. Site plan. A drawing illustrafing a proposed development and prepared in accordance with the specifications outlined in chapter 25. Special uses. A use of land authorized by permission granted pursuant to the procedure set out in section 30-401 or a use not permitted in a particular zoning district unless certain conditions are met. Stop work order. An order issued by the City Manager directing an owner, occupant, contractor or subcontractor to halt an action for which a certificate of appropriateness is required, and notifying the owner, occupant, contractor or subcontractor of the application process for a certificate of appropriateness. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty (60) percent of the floor area is finished off for use. Street. All property dedicated for public or private street, highway, freeway or roadway purposes or subject to public or private easement therefore Street, arterial. A street or road of considerable continuity which serves or is intended to serve as principal trafficway between separate areas or districts and which is the main means of access to the collector street system, highways, and expressways. Street, collector. Streets, which in addition to servicing abutting properties, intercept local streets, connect with community facilities and carry neighborhood traffic to the arterial street systems. Street, line. A dividing line between a lot, tract, or parcel of land and contiguous street. Street, local. A street designated to provide access to abutting property from collector and arterial streets. Street, private. A street which is privately owned and affords a primary means of access to abutting property. Street, public. A street dedicated to the public or held in fee simple title by the city which affords a primary means of access to abutting property. Street, width. The horizontal distance between the outside edges of a street's pavement, including any curbing and guttering, measured at right angles to the street's centerline. Structural alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. Structure. Anything constructed or erected, the use of which requires permanent location on or in the ground or attached to something having permanent location on the ground, including, but without limiting the generality of the foregoing: buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers and swimming pools. Page 9 of 129 (94) (95) (96) (97) (9e) (99) (100) (101) (102) Supdi rs o d'. i i r a �f two (2) or more lots, or other divisions of Telecommunication tower. A structure that is designed and constructed for the support of one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio, television and transmission towers, microwave towers, common -carder towers, cellular telephone towers, alternative tower structures, and the like, either constructed from the ground or located on top of a building. The term shall exclude any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally -licensed amateur radio station operator or is used exclusively for receive only antennas. The height of the tower is defined as the distance measured from the lowest point of the base of the tower structure to the highest point on the tower, including the base pad when constructed from the ground and any antennas. The term excludes supervisory control and data acquisition (SCADA) antennas installed and operated by units of government. Townhouse. A dwelling unit having accommodations for one (1) family which is connected to two (2) or more other units by a common wall. Transitional housing. A shelter which provides only lodging, or lodging and meals, for no longer than thirty (30) days at any one (1) time for residents, with the goal of assisting the individuals to be able to live independently. Vehicle fueling station. Any premises used for the sale at retail of vehicle fuels or oils, but not including vehicle servicing, lubricating or repairs. Vehicle service station. Any premises used for the equipping, lubricating, servicing or repairing of motor vehicles, including the installation of parts and accessories; the rebuilding, replacing and the installing of motors, transmissions, drive trains, exhaust systems, upholstery, brakes, radiators, but not including the dismantling or extended storage of wrecked vehicles, nor tire recapping, nor auto painting or body work, nor the open storage of rental vehicles or trailers. Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, front. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies, or open porches. Yard, rear. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or open porches. On comer lots the front line of the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. Yard, side. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line. Page 10 of 129 1-20-11 (Ord. No. 4109, art. 2, 3.1-10) ARTICLE 2. ADMINISTRATION, ENFORCEMENT AND REVIEW Sec. 30-201. - Administration; City Manager. Unless otherwise specifically stated, the City Manager shall be considered the administrator of this zoning ordinance, and all regulations contained herein. (Ord. No. 4109, art. 2,34-10) ISec. 30-202. - Planning and zoning commission. (a) (b) (c) [Terms defined.] For the purpose of this section the following terms mean or include: Commission means the planning and zoning commission. Council means the chief legislative body of the City of Cape Girardeau. Creation of commission. There is hereby created a planning and zoning commission which shall hereby be referenced to as "the commission". Composition, appointments, terms and qualification of commission. The commission shall consist of nine (9) citizen members appointed and approved by the city council. Except as otherwise provided in section 2-98, members of the planning and zoning commission shall serve for terms of four (4) years, beginning on the second day of November. All members' terms shall be staggered so that two (2) members' terms expire each year, but every fourth year three (3) members' terns shall expire. Page 11 of 129 (d) (e) (f) (g) (h) 0) (k) 1-20-11 Removal. The council may remove any citizen member for cause stated in writing and after public hearing. Functions of commission. The commission shall have and perform all of the functions of the zoning commission provided for in RSMo §§ 89.010 to 89.250. Procedure: officers, rules, records, employees; expenditures. The commission shall elect officers annually during the month of January, and from time to time provide such rules and regulations, not inconsistent with the ordinances of the city or the laws of the state, for its own organization and procedure as it may deem proper, provided, however, its chairman shall be elected from the appointed citizen members. The commission shall hold regular meetings and special meetings as they provide by rule, and shall keep a record of its proceedings. These records shall be public records. The commission shall appoint the employees and staff necessary for its work and may contract with city planners and other professional persons for the services that it requires. The expenditures of the commission shall be within the amounts appropriated for the purpose of the city council. Powers and duties. The commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the commission within a reasonable time, all available information it requires for its work. The commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the commission shall have the power necessary to enable it to perform its functions and promote municipal planning. City plans, contents, zoning plan. The commission shall make and adopt a city plan for the physical development of the city. The city plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendation for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas. The commission may also prepare a zoning plan for the regulations of the height, area, bulk, location and use of private, nonprofit and public structures and premises, and of population density, but the adoption, enforcement and administration of the zoning plan shall conform to the provisions of RSMo §§ 89.010 to 89.250, as amended. Plan; how prepared,, purposes. In the preparation of the city plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the city which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development. Adoption of plan; procedure. The commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole city plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof the commission shall hold at least one (1) public hearing thereon. Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the municipality. The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the planning and zoning commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the commission and filed in the office of the commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the council and the municipal clerk, and a copy shall be available in the office of the county recorder of deeds and shall be available at the municipal clerk's office for public inspection during normal office hours. Commission to approve improvements; commission disapproval, how overruled. Whenever the commission adopts the plan of the city or any part thereof, no street or other public facilities, or no public utility, whether Page 12 of 129 (m) (n) 1-20-11 publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the city until the location, extent and character thereof has been submitted to and approved by the cmmission. In case of disapproval the commission shall communicate its reasons to the council, and the council, by vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval and, upon the overruling, the council or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the council, then the submission to the commission shall be by the board having jurisdiction, and the commission's disapproval may be overruled by that board by a vote of not less than two-thirds (2/3) of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the commission to act within sixty (60) days after the date of official submission to it shall be deemed approval. Commission to make recommendations to council on plats; when. When the commission adopts a city plan which includes at least a major street plan or progresses in its city planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the county recorder, no plat of a subdivision of land lying within the city shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the commission to the city council and the council has approved the plat as provided by law. Regulations governing subdivision of land, contents, public hearings. The commission shall recommend and the council may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the city; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the city plan or official map of the city; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic. The regulation may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities, and compliance with all of these requirements is a condition precedent to the approval of the plat. The regulations or practice of the council may provide for the tentative approval of the plat previous to the improvements and installation; but any tentative approval shall not be entered on the plat. The regulations may provide that, in lieu of the completion of the work and installations previous to the final approval of a plat, the council may accept a bond in an amount and with surety and conditions satisfactory to it, providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the council and expressly in the bond; and the council may enforce the bond by all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the council is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the city plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest. Before adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the council. Upon complying with the provisions of section 30-202(m). (1) Commission to approve plats; when. Within sixty (60) days after the submission of a plat to the commission, the commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the commission, except that the commission, with the consent of the applicant for the approval, may extend the sixty-day period. The ground of disapproval of any plat by the commission shall be made a matter of record. (2) Commission approval of plats; effects. The approval of a plat by the commission does not constitute or effect an acceptance by the city or public of the dedication to public use of any street or other ground shown upon the plat. Page 13 of 129 M (p) (3) (4) (5) 1-20-11 Approval of plats required for recording. No county recorder shall receive for filing or recording any subdivision plat required to be approved by city council or commission unless the plat has endorsed upon it the approval of the city council under the hand of the clerk and the seal of the city, or by the secretary of the commission. Use of unapproved plat in sale of land; penalty, vacation or injunction of transfer. No owner, or agent of the owner, of any land located within the platting jurisdiction of the city, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the council or commission and recorded in the office of the county recorder. Any person violating the provisions of this section shall forfeit and pay to the city a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The city may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action. Public improvements; how approved after adoption of major street plan. Upon adoption of a major street plan and subdivision regulations, the city shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the city unless the street has received the legal status of a public street prior to the adoption of a city plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the council or commission or on a street plan made by and adopted by the commission. The council may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the commission for its approval and approved by the commission or, if disapproved by the commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the council. No building permitted on streets not conforming to majorstreet plan. After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of section 30-202(n). Establishment of building lines; board of adjustment. Whenever a plan for major streets has been adopted, the council, upon recommendation of the commission, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the council is authorized to prohibit any new building being located within the proposed site or right-of-way when the centerline of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the commission and adopted by the council. The regulations of this section shall not be adopted, changed, or amended until a public hearing has been held thereon as provided in section 30-2020). (Ord. No. 4109, art. 2, 3-1-10) Sec. 30-203. - Historic preservation commission. (a) (b) Composition. The Cape Girardeau Historic Preservation Commission shall consist of nine (9) members, plus ex -officio members, all of whom shall be appointed by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the Historic Preservation Commission shall include professional members representing such disciplines as architecture, law, real estate, history or any other field related to historic preservation. Page 14 of 129 (c) (d) 1-20-11 Town crier. There is hereby established a permanent commission for the position of town crier for the City of Cape Girardeau, Missouri, to announce events and to maintain the historical and cultural heritage of the city. The town crier is hereby made a nonvoting ex -officio member of the historic preservation commission. Terms. Except as otherwise provided in section 2-98, the terms of office of the appointed members of the historic preservation commission shall be for three (3) years, beginning on the seventeenth day of April. All members' terms shall be staggered so that three (3) members' terms shall expire each year. Vacancies shall be filled within sixty (60) days. A member may be appointed to a shorter term, however, if necessary to accomplish the requirements of this paragraph. Officers, duties. The historic preservation commission shall meet annually during the month of May to elect officers. All officers of the historic preservation commission shall be eligible for reelection. The chairman shall preside over meetings. In the absence of the chairman, the vice-chairman shall perform the duties of the chairman. If both are absent, a temporary chairman shall be elected by those present. The officers shall assure that the following duties of the historic preservation commission are performed: (1) Preparation of minutes of each historic preservation commission meeting and hearing. (f) Publication and distribution of copies of the minutes, reports and decisions of the historic preservation commission to the members of the historic preservation commission. Provision of notice as required herein or by law for all public hearings conducted by the historic preservation commission. Notification to the city clerk of vacancies on the historic preservation commission and expiring terms of members. Preparation and submission to the city council of a complete record and votes of the proceedings before the historic preservation commission on any matter requiring city council consideration. Meetings. Meetings shall be held at regularly scheduled times to be established by resolution of the historic preservation commission, but not less than monthly, at the beginning of each calendar year, or at any time upon the call of the chairman: (1) No member of the historic preservation commission shall vote on any matter which may materially or apparently affect the property, income or business interest of that member. (2) The historic preservation commission shall keep minutes of Its proceedings, showing the vote, indicating such fact, and shall be fled in the office of the historic preservation commission and shall be a public record. Powers and duties. The historic preservation commission shall have the following powers and duties: (1) To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs and by recommending the update of the preservation program. (2) To initiate and recommend property and/or properties for proposed designations as landmark and/or historic districts and to review and comment on proposed designations. (3) (4) (5) To review applications for construction, alteration, or reconstruction for landmarks, or structures within a historic district. To review proposed changes in buildings, structures, street furniture, city parks, civic areas, public facilities or environmental features of a landmark or within a historic district. Page 15 of 129 M (h) (6) (7) (8) (9) (10) (12) 1-20-11 To review applications for demolition permits, proposed zoning amendments or applications for zoning variances, for a landmark or within a historic district. May review applications for special use permits, proposed zoning amendments, or applications for zoning variances, for a landmark or within a historic district, and to make recommendations concerning such requests to the planning and zoning commission or board of adjustment as indicated by the nature of the request. To initiate from time to time a comprehensive review of the provisions of this article or any part thereof. To disseminate to owners or occupants of landmarks or within historic districts, or to the general public information concerning the preservation of landmarks or historic districts. The historic preservation commission may support the nomination to the national register of historic places, local landmarks, and districts which the commission members believe meet the standards herein set forth and have contributed to the history, architecture and culture of the city. To initiate, develop and supervise surveys, to identify historically and architecturally significant properties, structures, and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, state or city. The historic preservation commission may recommend the city apply for, receive, or expend any federal, state or private grant, grant-in-aid, or bequest, in furtherance of the general purpose of this article. To recommend grants, tax incentives, and benefits to encourage redevelopment of historically significant structures. Surveys and research. The historic preservation commission shall establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Secretary of the Interior's "Standards and Guidelines for Historic Preservation". The survey will be compatible with Missouri's statewide historical preservation comprehensive planning process. In establishing the foregoing information, the historic preservation commission shall place particular emphasis upon evaluating and incorporating the findings of studies and surveys already completed. Review of public improvement projects. Public improvements by the city or any of its departments or agencies may be reviewed by the historic preservation commission in the following manner: (1) The historic preservation commission may review and comment upon any capital improvement project proposed by the city or any of its agencies or departments within any historic district, on the site of or within one hundred eighty-five (185) feet of any landmark, or within one hundred eighty-five (185) feet of any historic district. The historic preservation commission shall have thirty (30) days to complete its review and report to the City Manager. The division of planning services, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the historic preservation commission shall complete its review and report. The report by the historic preservation commission shall include any recommendations for changes to the preliminary design that will lessen or alleviate any adverse effect of the proposed project upon the historic or architectural character of the landmark or historic district. The commission's report along with responses shall be presented with the public improvement plans to the council for approval. (2) The historic preservation commission may review and make recommendations upon any acquisition by the City or any of its agencies or depailrnenls or any designated landmark or of any building within a historic district. The city council or the division of planning services may, at the earliest possible date that will not interfere with acquisition negotiations, send the historic preservation commission information concerning the location, size, current use, and proposed use of the land or building to be acquired, and specify the date by which the historic preservation commission shall report to the city council. Page 16 of 129 (Ord. No. 4109, art. 2, 3-1-10) Sec. 30-204. - Board of adjustment; created; composition, term, removal of members; rules, quorums, officers, meetings, records; appeals; powers. (a) (b) (c) (d) A board of adjustment is hereby created. The board shall consist of five (5) members, who shall be freeholders, appointed by the mayor and approved by the city council. Except as otherwise provided in section 2-98, members of the board of adjustment shall serve terms of five (5) years, beginning on the seventh day of March. All members'terms shall be staggered so that one (1) member's term shall expire each year. Three (3) alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. Except as otherwise provided in section 2-98, these alternate members shall be appointed for a term of five (5) years each, beginning on the fifth day of September. All alternate members' terms shall begin and end on the same date. Any regular or alternate members shall be removable for cause by the mayor and city council upon written charges and after public hearing. The board of adjustment shall adopt rules for the conduct of business, and keep a public record of all findings and decisions. The board of adjustment shall meet annually in the month of April to elect officers. Meetings of the board shall also be held at the call of the chairman and at such other times as the board may determine. Each session of the Board of Adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of such meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by fling with the building official and with the board of adjustment a notice of appeal specifying the grounds thereof. A fee of fifty dollars ($50.00) shall accompany all notices of appeal. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. The board of adjustment shall have the following powers: (1) (2) (3) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building official in the enforcement of this chapter and may affirm or reverse, in whole or part, such decision of the enforcement officer. To hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of this chapter. the board of adjustment must determine that the alleged hardship has not been created by any person presently having an interest in the property, and the particular circumstances involved would result in an undue hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The board of adjustment may impose conditions in the granting of the variances to insure compliance and to protect adjacent property. To hold a public hearing on, and decide the following exceptions to or variations of this article: a. To permit the extension of the district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this article. b. Page 17 of 129 (e) M (g) C. 9 e. 1-20-11 Interpret the provisions of this article in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map, where the street layout on the ground varies from the street layout as shown on this map. Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition, when related to the yard regulations of this article, would prevent a reasonable or sensible arrangement of buildings on a lot. Vary the parking regulations by not more than fifty (50) percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by the City Code, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the city. Vary the requirement for off-street parking space in the front yard of any R district, or any other district when the properly is used for residential purposes, to allow a driveway providing access to a residential space other than a garage, carport or other parking area behind the front yard, but only within secondary front yards required on corner lots, and for the purpose of providing access for handicapped residents. In granting such a variance, the board of adjustment may also stipulate that the drive may be used for access only and that no long term (four (4) hours or more) parking of vehicles be permitted. Decision of the board in respect to the above shall be subject to appeal to the circuit court of the county within thirty (30) days after the filing of the decision in the office of the board. In the event that any application is denied by the board, a reapplication for the purposes of further review of the same application shall not be accepted by the board until six (6) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the building official that substantial new evidence not available during the review of the original application will be presented. Any variance granted by the board of adjustment shall be valid for a period no greater than one hundred eight (180) days from the date upon which the variance is granted, unless within such period: (1) A building permit is obtained and the construction, or the alteration, of the structure is commenced and pursued diligently toward completion. (2) A certificate of occupancy is obtained and a use or occupancy commenced. The board may grant extensions not exceeding one hundred eight (180) days, upon written application, without notice or public hearing. (Ord. No. 4109, art. Z 3-1-10) Sec. 30-205. - Enforcement. (a) Violation; penalty. (1) Except as otherwise provided in this section, any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment in the city jail for not more than three (3) months, or by both such fine and imprisonment. Each day any violation of this chapter shall continue shall constitute a separate offense. (2) Page 18 of 129 (b) (3) 1-20-11 The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues; but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment, at the discretion of the court. Any such person, having been served with an order to remove any such violation, failing to comply with such order within ten (10) days after such notice or continuing to violate any provision of the regulations made under authority of this chapter in the respect named in such order, shall be subject to a civil penalty of two hundred fifty dollars ($250.00). Each day such violation shall continue as provided by this chapter shall constitute a separate offense. In addition to the above procedure, the city attorney is also authorized to institute any appropriate action or proceeding to prevent violations of the zoning code, to restrain, correct, or abate such violations, to prevent the occupancy of buildings, structures, or lands, or to prevent any illegal act, conduct, business, or use in or about such premises. An appropriate action or proceeding shall include, but shall not be limited to, injunctive relief and any other appropriate action at law or in equity. Enforcement; application and permits. It shall be the duty of the person designated as building official to administer and enforce the regulations contained herein. (1) It shall be unlawful to commence or to proceed with erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising, or moving of any building or structure, or any portion thereof, without first having applied in writing to the building official for a building permit to do so and a building permit has been granted therefor. (2) (3) (4) (5) (6) Every application for a building permit shall be in writing and delivered to the building official and shall be accompanied by a detailed set of plans for structures in the C and M districts in duplicate, showing the size of the proposed building or structure, its location on the lot, the basic materials of which it is to be constructed, and the details and type of construction to be used. On the issuance of a permit, one (1) set of such plans shall be retained by the building official as a permanent record and one (1) set shall be returned to the applicant. In cases of any building or structure to be located in an R district, the building official may at his own discretion permit the substitution of a written statement covering the essential information required in place of such plans. Blank forms shall be provided by the building official for the use of those applying for permits as provided in this chapter. Any permits issued by the building official shall be on standard forms for such purpose and furnished by the city. A careful record of all such applications, plans, and permits shall be kept in the office of the building official. Any building permit, under which no construction work has been commenced within six (6) months after the date of issue of such permit or under which the proposed construction has not been completed within two (2) years of the date of issue, shall expire by limitation. Subsequent to the effective date of the ordinance from which this article derives, no change in the use of occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the building official. Every certificate of occupancy shall state that the new occupancy complies with all applicable provisions of the zoning ordinance, subdivision regulations, development code, and building codes of the city. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made Page 19 of 129 1-20-11 and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30-206. - Amendments. (a) The city council may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the boundaries or zoning designation of districts herein established, under the procedures herein provided. (b) (c) (e) IfH (g) (h) Applications for district changes shall be filed in writing with the city clerk, who shall place the application before the city council after determining that it is in proper form as provided herein. All applications, except those proposed by the city council or the planning and zoning commission, shall be accompanied by the actual cost of publication to be returned to the applicant only if such publication is not made. A copy of the application shall remain on file with the city clerk for public inspection until final action thereon. The city council may provide forms for applications and may require applicants to provide plats and other documents or other information it may determine to be of value in acting upon the application. The city council may request the opinions and recommendations of city boards and officers upon applications. Upon receipt of an application in proper form, the city council shall refer it to the planning and zoning commission. The city council may by resolution delegate the duty of such receipt and referral to the city manager. The planning and zoning commission shall return the application to the city council with its recommendations relating thereto and showing the number of votes for and against its action, and may include a summary of the reasons expressed for and in opposition thereto. The city council may set a date by which the recommendation shall be returned, no less than twenty (20) days from the date of such setting, and the city council may proceed without receipt of such recommendation in the absence of receipt by such date. The city council may reject an application without referring it to the planning and zoning commission and without publishing a notice of hearing if the application is made within two (2) years of the city council's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract. If the planning and zoning commission recommends approval of an application in whole or in part, the city manager shall, without delay, set a public hearing as provided in section 30-206(h) at the earliest possible regular council meeting. The city council may reschedule any hearing set by the city manager. If the planning and zoning commission recommends rejection of an application in full, the city council may set a public hearing as provided in section 30-206(h) upon its own motion, or the city council may by motion file such recommendation of rejection, and the application shall thereupon be deemed rejected unless, within ten (10) days from such fling, the applicant files a written request with the city clerk for a public hearing under section 30-206(h), or makes an oral request therefore at a regular or special meeting of the city council, whereupon the city council shall set such a public hearing. If the city council fails to approve an application in whole or in part within thirty-five (35) days after the public hearing, such application shall be deemed to have been rejected in full, unless the city council shall have expressly extended such time period prior to the expiration thereof. The city council may by ordinance, on its own motion or on application, amend, supplement, change, modify or repeal the regulations or restrictions of districts herein established, following referral thereof to the planning and zoning commission as provided in section 30-206(h). No amendment, supplement, or change of the regulations or restrictions or boundaries of districts shall become effective until after the city council has held a public hearing in relation thereto, at which parties in Page 20 of 129 1-20-11 interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. The city council may provide for the posting of notices of the hearing on the tract and for other means of notifying the public or interested persons of the proceedings. In the case of a protest against any amendment, supplement, change, modification, or repeal of a regulation, restriction, or boundary of a district, duly signed and acknowledged by the owners of thirty (30) percent or more, either of the areas of the land, exclusive of streets and alleys, included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the city council. 0) In its action upon an application for change in district boundaries, the city council may grant a special use permit, if allowed in the appropriate district, rather than the requested change in district boundaries. (Ord. No. 4109, art. 2,34-10) ARTICLE 3. DISTRICT REGULATIONS Sec. 30-300. - General. Sac. 30-310. -AG. Aaricultural District. Sec. 30-311. -AG-1. exclusive aariwltuml district Sec. 30-320. - Residential districts. Sec 30-321 - RE rural estate residential disMcl Sec. 30-322. - R-1. single-family suburban residenlial district Sec. 30-323. - R-2. single-family urban residential district Sec 30-324 - R-3 high density single-family residential district Sec 30-325 - R-0 medium density multifamily residential district Sec 30-328 - R-5 high density multifamily residential district Sec 30-327 - RUMD residential urban mixed density district Sec. 30-328. - RMH. residential manufactured home district Sec. 30-330. - Commercial and manufaclunng/industrial districts Sec. 30-331. - NC. neighborhood commercial district Sec. 30-332. - CBD central business district Sec. 30-333. - C-1 general commercial district Sec. 30-334. - C-2. hi-ghway commercial disMct Sec. 30.335. - M-1. light manufacturingrindustnal district Sec. 30-336. - M-2. heavy ma nufactunnarmtlustrial dismct Sec. 30-340. - Other distncts Sec. 30-341. - PD. Planned development distnct Sec. 30-342. - A-1. airport district. Sec. 30-350. - Oveday districts. Sec. 30-351. - NCON. neighborhood conservation ovedav district Sec. 30-352. - H. historic overlay district. Sec. 30-353. - Cx. adult entertainment ovedav district. Sec. 30-354. - IO, increased occupancy overlay district Sec 36-355 — DCG downtown commercyaf corr"idoP•e've'rlay. distinct, ISec. 30-300. - General. Page 21 of 129 1-20-11 (a) District and boundaries thereof. In order to classify, regulate, and restrict the location of trades, residences, and the locations of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the uses of the lot areas, and to regulate and determine the areas of yards, and other open spaces within and surrounding such buildings, the city is hereby divided into districts of which there shall be twenty-three (23) in number, known as: AG - Agricultural District AG1 - Exclusive Agricultural District RE - Rural Estate Single -Family District R1 - Single -Family Suburban Residential District R2 - Single -Family Urban Residential District R3 - High Density Single -Family Residential District R4 - Medium Density Multifamily Residential District R5 - High Density Multifamily Residential District RUMD - Residential Urban Mixed Density District RMH - Manufactured Home District NC - Neighborhood Commercial District CBD - Central Business District C1 - General Commercial District C2 - Highway Commercial District PD - Planned Development District Al - Airport District M1 - Light Manufacturing/Industrial District M2 - Heavy Manufacturing/Industrial District NCON - Neighborhood Conservation Overlay District H - Local Historic Overlay District CX - Adult Entertainment Overlay District 10 -Increased Occupancy Overlay District DC ,DowntowOd(rirtle{mAWmid 7r O AfroipISt9 0 (1) Page 22 of 129 (b) (2) (3) (4) 1-20-11 Unless otherwise indicated by the city ordinances, the boundaries of the districts shall follow property lines, and shall not include streets and alleys. Those districts and their boundaries are shown upon the city's zoning district map as that map may, from time to time, be amended. The district map and all the notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which district map is properly attested and is on file with the city clerk. Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district into which such street, alley, or other public way is incorporated shall automatically include such vacated property, and all areas included in the vacation shall then and hence forth be subject to all appropriate regulations of the extended districts. Concurrently with the annexation of any land, the city shall hold a public hearing to zone the land with an appropriate designation and in conformance with the reasonable use of the property. Noticing and hearing procedures shall be in conformance with section 30-206(h). Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this chapter, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale appearing on the map. Scope of restrictiveness. Except as hereinafter provided, no building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. (1) (2) (3) (4) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. The yard regulations required by this article are minimum regulations for each and every building existing at the effective date of this chapter and for any building hereafter erected or structurally altered. Unless otherwise allowed by this chapter, no land required for yards or other open spaces around an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one (1) building. No land shall be included in the determination of the minimum area of a lot which has been taken from an adjoining lot in such a manner that such adjoining lot thereby fails to meet the minimum lot area requirements for the district in which it lies. No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of this chapter contained in Chapter 25 of the City Code. (Ord. No. 4109, art. 2, 3.1.10) Sec. 30-310. - AG, Agricultural District. (a) (b) Purpose. The purpose of the AG (agricultural) district is to preserve, in agricultural uses, lands suited to future urban development pending proper timing and economical provision of public utilities and community facilities to ensure compact and orderly land use development. This district is intended for land of ten (10) acres or more. The subdivision of land for the purpose of converting agricultural or other undeveloped land to residential use, is not permitted in the AG district. Permitted uses. Page 23 of 129 (c) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 1-20-11 Farming, pastureland and agriculture, except commercial feedlots, stockyards and confinement operations. Orchards. Keeping or raising of large or small animals or poultry, including structures for storage and processing, and including accessory structures where animals are kept, shall be two hundred (200) feet from the property line. Commercial slaughtering business is not allowed. Single-family detached dwellings, not to exceed four (4) dwellings per farm. Police and fire stations. Bed and breakfasts. Golf courses and driving ranges; this shall not include separate miniature golf courses and other similar activities operated as a business. Nurseries and greenhouses; for growing, propagation or sale of plants, turf, trees and shrubs. Veterinarian facilities, provided that all buildings, structures, pens or open kennels shall be located at least two hundred (200) feet from any lot line. Riding stables, provided that any building for keeping of animals shall be located at least two hundred (200) feet from any lot line. Wineries. Public parks, playgrounds and recreational facilities. Dog kennels, commercial or noncommercial; provided any commercial open pens, runs, cages, or kennels shall be located at least two hundred (200) feet from any lot line. Permitted uses (accessory). (1) Private garages, carports and accessory buildings. Agricultural accessory structures, provided that any building for the keeping of animals shall be located at least two hundred (200) feet from any lot line. Agricultural product storage. Roadside stands for sale of agricultural products. Home occupations, as permitted in section 30-405, supplemental regulations, but not including typical farming operations. Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-405, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Page 24 of 129 Special uses. (1) Commercial day care facilities. (2) Manufactured home, for the purpose of agricultural related residence. (f) 1-20-11 Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. Cemeteries on a minimum of ten (10) acres of land. 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. Height, area, bulk and setback regulations. (1) Maximum Height: Forty (40) feet. (2) Minimum District Size: Ten (10) acres. Maximum Density., One (1) unit per five (5) acres. Minimum Lot Width: Two hundred (200) feet at building setback line. Minimum LotArea: Five (5) acres for each single-family detached dwelling; no subdivision is required for such lots. Minimum Yard Requirements: a. Front yard., Sixty (60) feet. b. C. Rear yard: Fifty (50) feet. Side yard: Fifty (50) feet. Prohibited uses. (1) Single-family subdivision. (Ord. No. 4109, art Z 3-1-10) Sec. 30-311. - AG -1, exclusive agricultural district. (a) Purpose. The purpose of the AGA district is to provide for agricultural activities, and to provide for untimely scattering of more dense urban uses, which should be confined to areas planned for efficient extension of public services. The district is established to preserve, in agricultural uses, lands suited for future urban development pending proper timing and economical provision of public utilities and community facilities to ensure compact and orderly land use development. The subdivision of land for the purpose of converting agricultural or other undeveloped land to residential use, where the opening of new streets or roadways is contemplated to accomplish this purpose, is not permitted in an AGA district. The subdivision of land for a purpose that relates to a use provided for in the AGA district may be allowed. Change of zoning from AGA to Page 25 of 129 (b) 1-20-11 any other zoning district shall be accompanied by a site plan for development and be subject to provisions of the Code of Ordinances of the City of Cape Girardeau. Permitted uses. (1) Farming, pastureland and agriculture, except animal feeding operations (AFO) and concentrated animal feeding operations, (CAFO), feedlots, stockyards and confinement operations. (2) Orchards. (3) Keeping or raising of large or small animals or poultry, including structures for storage and processing, and including accessory structures where animals are kept. High volume wholesale commercial slaughtering business is not allowed. (4) (c) Single-family detached dwellings, not to exceed four (4) dwellings per farm, which includes manufactured homes. Police and fire stations. Bed and breakfasts. Golf courses and driving ranges; this shall not include separate miniature golf courses and other similar activities operated as a business. Nurseries and greenhouses; for growing, propagation or sale of plants, turf, trees and shrubs. Veterinarian facilities. Riding stables. Wineries. Public parks, playgrounds and recreational facilities. Dog kennels, commercial or noncommercial; provided any commercial open pens, runs, cages, or kennels shall be located at least two hundred (200) feet from any lot line. Permitted uses (accessory). (1) Private garages, carports and accessory buildings. Agricultural accessory structures, provided that any building for the keeping of animals shall be located at least two hundred (200) feet from any lot line. Agricultural product storage. Roadside stands for sale of agricultural products. Home occupations, so long as they do not create nuisance, hazardous or dangerous conditions on the property, to adjoining landowners, or impact public health and welfare. 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. Page 26 of 129 (e) 1-20-11 Solar energy systems, as permitted in section 30-410, supplemental regulations. Timber harvest. Hunting pursuant to Missouri Department of Conservation guidelines. Special uses. (1) Commercial day care facilities. (2) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (3) (4) Cemeteries on a minimum of ten (10) acres of land. 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. Height, area, bulk and setback regulations. (1) Maximum Height: Forty (40) feet. (2) Minimum District Size: Twenty-five (25) acres. Maximum Density: One (1) unit per five (5) acres. Minimum Lot Width: Two hundred (200) feet at building setback line. Minimum Lot Area: Ten (10) acres for each single-family detached dwelling; no subdivision is required for such lots. Minimum Yard Requirements: None Prohibited uses. (1) Single-family subdivision. (Ord. No. 4109, art. 2, 3.1-10) ISec. 30-320. - Residential districts. Cape Girardeau's residential (R) zoning districts are primarily to create, maintain, and promote a variety of housing opportunities for city residents and to maintain the desired physical character of existing and developed neighborhoods. The R district standards provide development flexibility, while at the same time helping to ensure that new developments achieve continuity with existing structures and compatibility with existing neighborhoods. In addition, the regulations offer certainty for property owners, developers and neighbors about the limits of allowed uses in each district. (Ord No. 4109, art. Z 3-1-10) Page 27 of 129 1-20-11 ISec. 30321. - RE, rural estate residential district. (a) Purpose. This district is intended to promote and preserve "estate" single-family residential development, which is defined as being larger lot sizes with a minimum one and one-half (1 %.) acres per lot. (b) Permitted uses. (1) Single-family detached dwelling with only one (1) dwelling per lot. (2) Hobby farms; with cattle and horse(s) or other farm related animals, allowed on a five (5) acre lot, with one (1) allowed animal per every acre of grazing. Cluster subdivisions, as permitted in chapter 25 of the City Code. Public parks, playgrounds, and recreational facilities. Police and fire stations. 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. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices operated by a neighborhood or community organization or a property owners association. Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Permitted uses (accessory). (1) 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. (2) Private garages, carports and accessory buildings, as permitted in section 30-403, supplemental regulations. Guest house, as permitted in section 30-412, supplemental regulations. In home elderly care, with a maximum of three (3) persons, as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Solar energy systems, as permitted in section 40-410, supplemental regulations. 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) Cemeteries, on a minimum of ten (10) acres of land. (3) Page 28 of 129 (e) (f) (4) 1-20-11 Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. 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. Parking Requirements. Off-street parkiaspaces shall be provided in accordance with the requirements for specific uses set forth in section g= No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. Height, area, bulk, and setback regulations. (1) Maximum Height., Two and one-half (2'h) stories not to exceed thirty-five (35) feet. Minimum Lot Area: One and one-half (1'f) acre lots. Maximum Density: One (1) unit per one and one-half (1 %) acres. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Two hundred (200) feet. Minimum Yard Requirements: a. Front yard. Fifty (50) feet. b. Rear yard., Fifty (50) feet. C. Side yard: Twenty-five (25) feet. (Ord. No. 4109, art. Z 3-1-10) ISec. 30-322. - R-1, single-family suburban residential district. (a) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four (4) units per acre. It is designed to provide for quality single-family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single-family residential character of the district. (b) Permitted uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) (3) (4) (5) Cluster subdivisions, as permitted in chapter 25 of the City Code. Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Page 29 of 129 (c) (6) (7) (8) (9) 1-20-11 Police and fire stations. 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. 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. 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. 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 Such home shall not be located closer than three hundred seventy (370) feet to any other such home. 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, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings as permitted in section 30-403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. 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. Solar energy systems, as permitted in section 30-410, supplemental regulations. 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. Cemeteries, on a minimum of ten (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. 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. Height, area, bulk and setback regulations. Page 30 of 129 (f) 1-20-11 Maximum Height: Two and one-half (2Y:) stories not to exceed thirty-five (35) feet. Minimum Lot Area: Ten thousand (10,000) square feet. Maximum Density: Four (4) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Eighty (80) feet. Minimum Yard Requirements: a. Front yard., Thirty (30) feet. b. C. Rear yard: Twenty-five (25) feet. Side yard., Six (6) feet. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. Z 3-1.10) 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 uses. 0) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Police and fire stations. 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. Page 31 of 129 (c) (7) (8) (9) 1-20-11 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. 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. :1A The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and Such home shall not be located closer than three hundred seventy (370) feet to any other such home. 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, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings as permitted in section 30-403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30408, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. 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. Cemeteries, on a minimum often (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. 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. Height, area, bulk and setback regulations. (1) Maximum Height: Two and one-half (2'/2) stories not to exceed thirty-five (35) feet. (2) Minimum Lot Area: Eight thousand (8,000) square feet. Page 32 of 129 (f) 1-20-11 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. Minimum Lot Width: Sixty (60) feet. Minimum Yard Requirements: a. L7111 C. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard. Five (5) feet. Parking requirements. Off-streetarkin spaces shall be provided in accordance with the requirements for specific uses set forth in section : No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3.1-10) ISec. 30-324. - R-3, high density single-family residential district. (a) (b) Purpose. This district is intended to accommodate single-family, two-family and townhouse residential developments at maximum densities of up to nine (9) units per acre. This district will serve as a transition between lower density and higher density residential districts. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the residential character of this district. Permitted uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot. (2) Duplexes, two-family dwelling units. (3) Townhouses. (4) (9) Cluster subdivisions, as permitted in chapter 25 of the City Code. Public parks, playgrounds, and recreational facilities. Police and fire stations. 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. 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. Page 33 of 129 (c) (10) 1-20-11 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. 171 The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and Such home shall not be located closer than three hundred seventy (370) feet to any other such home. 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, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings, as permitted in section 30-403, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than (4) unrelated children in a twenty-four (24) hour period as permitted in section 30.408, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Home day cares, with five (5) or more unrelated children, as permitted in section 30-408, supplemental regulations. (2) Bed and breakfasts. (e) Cemeteries, on a minimum of ten (10) acres of land. Transitional housing. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. 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. Height, area, bulk and setback requirements. (1) Maximum Height: a. When side yards are less than fifteen (15) feet in width, two and one-half (2'/2) stories not to exceed thirty-five (35) feet. 1.1 Page 34 of 129 (f) (2) 1-20-11 When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed forty-five (45) feet. Minimum Lot Area: a. (4) Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit. Single-family, five thousand (5,000) square feet. Maximum Density: Nine (9) units per one (1) acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25 of the City Code. Minimum Lot Width: a. Townhouses and duplexes: Twenty (20) feet. AM other uses: Thirty (30) feet. Minimum Yard Requirements: a. Front yard., 1. b. c. 2. Each townhouse: Ten (10) feet. All other uses: Twenty (20) feet. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty (20) feet. Side yard., 1. Townhouses and duplexes: None Nxsx ,4a`. 2. All other uses: Three (3) feet. Open space, landscaping and bufferyard requirements. For any nonresidential uses: (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and buffer yards. Landscaping, shall be provided as required in chapter 25 of the City Code. A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, or R- 2 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Page 35 of 129 1-20-11 Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section WAS No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2,34-10) ISec. 30-325. - R-4, medium density multifamily residential district. (a) Purpose. This district is intended to accommodate multifamily residential developments at maximum densities of up to eighteen (18) units per acre. New single-family detached dwellings are not permitted in order to ensure that vacant land set aside for multifamily development is not preempted by less intensive development. Certain other structures and uses necessary to serve governmental, educational, institutional, commercial and recreational uses are allowed. (b) Permitted uses. (1) Multifamily dwellings. (2) Townhouses. (3) Cluster subdivisions, as permitted in chapter 25 of the City Code. (d) Nursing homes, senior citizen housing and retirement homes. 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. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary, middle and secondary schools, or development centers for elementary, middle and secondary school age children with handicaps or development disabilities, on a minimum of five (5) acres. Commercial day care. Permitted uses (accessory). (1) Private garages, carports and accessory buildings, as permitted in section 30-403, supplemental regulations. (2) (3) Home occupations, as permitted in section 30-405, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Bed and breakfasts. Page 36 of 129 (g) 1-20-11 Front yard., Twenty-five (25) feet. Rear yard., Twenty (20) percent of the lot depth or ten (10) feet, whichever is greater. No more than twenty-five (25) feet shall be required. Side yard: None, except where located adjacent to residential uses, then ten (10) feet. Maximum Building Coverage, including accessory buildings: Thirty-five (35) percent of the lot. Open space, landscaping and bufferyard requirements. (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, W, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Sec. 30-332. - CBD, central business district. (a) Purpose. The central business district [CBD] provides for the development of high density, compact, pedestrian oriented shopping, office, service, entertainment and residential districts. The districts are intended to be mixed-use districts that accommodate a variety of uses. It is intended specifically for the older downtown areas including: Broadway, Riverfront and Good Hope/Haarig areas of the City of Cape Girardeau. It is intended to allow flexible setbacks, smaller lot sizes, and increased lot coverage to encourage dense development in the urban core of the community. This district is designed to protect the small community appeal, integrity, character, and charm within the central business district by encouraging redevelopment that focuses on architecturally appropriate design standards typical of the city's early development history. These areas may also be experiencing or be in need of rehabilitation or redevelopment. This district is intended to accommodate the transition that must occur if these areas are to continue to contribute to the vitality of the city. The regulations of the central business district are intended to allow greater flexibility for tracts of land in the central business district than is permitted by other district regulations, where the planned development of such tracts would better reflect the character of the site and enhance the appearance and economic vitality of the downtown area. (b) Permitted uses. (1) Any business that provides, displays, advertises and sells goods, supplies or services to the general public, as long as all activities associated with said business are contained entirely indoors as stated in the standards set forth in section 30-332(e)(2). (2) General retail and office, including banks and financial institutions. (3) Any governmental building, including police and fire stations. Page 49 of 129 (c) (d) (e) 1-20-11 (4) Residential uses (5) Hotels. (6) Medical facilities. (7) Health and fitness centers. (a) Public parks, playgrounds and recreational facilities. (9) Private institutions of higher education. (10) Nursing homes, senior citizen housing or retirement homes. (11) Commercial day cares. (12) Microbrewery. (13) Bed and breakfasts. (14) Restaurants, bars. Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages, and dumpster storage facilities as permitted in section 30-403, supplemental regulations. (2) Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Helicopter landing pad, heliport or other landing areas in relationship with medical facilities. (2) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (3) Marina or dock. (4) The allowance of additional height, not to exceed sixty (60) feet or five (5) stories. (5) Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental regulations. (6) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. hx` k (7) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Page 50 of 129 1-20-11 Standards Except as-otheFvrise-authorized herein resideirtia�uses-are-not permitted or>-gFound-floors of-eommerciaouildings-only-orFupper Poor&. First -floorsshauld-be used foF retaih commercial AWA42Fuses (1) All activities and permitted uses except the following shall be conducted entirely within a closed building. a. Off-street parking and loading facilities. b. Banks and financial institutions including automatic teller machines and drive-thru facilities with a maximum of two (2) teller stations or lanes. Outdoor eating and drinking facilities. Public parks, playgrounds and recreational facilities. Outdoor live or amplified music provided that they are in compliance with the city's nuisance ordinance. Alteration of existing buildings: a. b. (3) Original window openings on public facing elevations should be maintained or retained. Original upper story design details and features shall not be removed or obscured. New construction shall be compatible with the existing buildings in scale, height, materials, massing and rhythm and proportion of openings. Storefronts shall maintain traditional size, shape, spacing, patterns and alignment of openings of storefronts. The primary entrance for commercial buildings shall be oriented toward the street. Building setbacks: a. b. (7) Height: a. b. (8) (9) Residential., Should be aligned by a uniform distance from sidewalks. Commercial. Maintain alignment of facades along sidewalks. The height of additions or new construction should be within a similar range of the buildings in the surrounding blocks. Corner buildings or buildings on the ends should be similar in height to buildings on adjoining comers. Materials that are comparable in quality, color, texture, finish and dimension to existing materials and buildings within the district should be used. Consistent rooflines should be maintained with adjacent buildings. Page 51 of 129 (0 (g) 1-20-11 Height, area, bulk and setback requirements. (1) Maximum Height: Three (3) stories not to exceed forty (40) feet. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density: None. Minimum Yard Requirements: a. Front yard: None, except fifteen (15) feet when across from a residential zoning district. a C. Rear yard: None, except fifteen (15) feet when adjacent to a residential zoning district. Side yard. None, except fifteen (15) feet when adjacent to a residential zoning district. (6) Maximum Building Coverage, including accessory buildings: One hundred (100) percent of the lot. Open space, landscaping and bufferyard requirements. (1) Open space requirements: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG; ,%i, ,=:a;, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. (h) Parking regulations. Off-street parking and loading s aces shall be provided in accordance with the requirements for specific use set forth in section 2fI2. (Ord. No. 4109, art. Z 3.1-10) ISec. 30-333. - C-1, general commercial district. (a) Purpose. The general commercial district [C-1] is to provide for the development of commercial enterprise that may be oriented toward the use of automobiles, in practice or in design. These uses should be destination retail and commercial spaces that provide essential retail and service businesses to the community and region, and that provide a diversified economy for the greater Cape Girardeau area. The height of buildings and uses should not adversely affect the adjacent neighborhood. (b) Permitted uses. (1) Offices: administrative, business, finance and professional. (2) Retail, not including vehicle sales. (3) Page 52 of 129 1-20-11 Restaurants and bars, including drive-thru. (4) Health and fitness centers. (5) Public parks, playgrounds and recreational facilities. (6) Funeral homes and mortuaries. (7) Medical facilities. (6) Police and fire stations. (9) Private institutions of higher education. (10) Nursing homes, senior citizen housing, and retirement homes. (11) Commercial day cares. (12) Banks and financial institutions, including drive-thru. (13) Residential treatment facilities. (c) Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30- 403, supplemental regulations. (2) Helicopter landing pad, heliport or other landing area in relationship with medical facilities. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Vehicle washing businesses, including automatic, coin-operated, and moving -line facilities. (2) Vehicle fueling stations, including service and repair. (3) Hotels. (4) The allowance of additional height, not to exceed a total height of sixty (60) feet, as long as the additional height does not adversely affect the surrounding neighborhood. (5) Mini warehouse or self -storage units. (6) Transitional housing. (7) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (6) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (9) 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. Page 53 of 129 (e) (f) (g) 1-20-11 Standards. (1) All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property. (2) The seasonal display of nursery stock and accessory landscaping decorations, seasonal decorations and decorative items shall be allowed, in accordance with the following provisions: (3) a. Daily displays shall be set up only during normal business hours, except that overnight displays shall be allowed for seasonal merchandise. b. Long term storage of such products shall be prohibited. C. Displays shall not alter the structure of the building. d. Displays shall not be located within ten (10) feet of the primary entrance or exit. e. Displays shall be located wholly on privately owned property, with the owner's permission. Displays shall not impede pedestrian or vehicular access to the building or site. 9. Displays shall be well -kept and orderly. Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear or side of the building and screened as required in chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) Maximum Height: Three (3) stories not to exceed forty (40) feet. (2) Minimum Lot Area: None. (6) Minimum Lot Width: None. Maximum Density: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. IM C. Rear yard: Twenty-five (25) feet. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than five (5) feet on the side of the lot abutting the residential district. Side yards for dwellings shall be not less than five (5) feet. Maximum Building Coverage, including accessory buildings: Fifty (50) percent of the lot. Open space, landscaping and bufferyard requirements. Page 54 of 129 1-20-11 Open space: No minimum percentage required. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, . RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section IMM ford. No. nos, an z, 3-1-10t ISec. 30-334. - C-2, highway commercial district. (a) Purpose. The highway commercial district [C-2] is established to provide primarily for automobile -dependent uses in areas which are not amenable to easy pedestrian access and a comfortable pedestrian environment. This district is intended for commercial uses which depend upon high visibility, general high traffic volumes, or cater to the traveling public. It is expected that the highway commercial district will not only serve the City of Cape Girardeau, but interstate and intrastate travelers as well. These characteristics dictate that these districts be located along or at the intersections of arterial classification streets or along frontage roads adjacent to an interstate highway or other limited access roads. Because of the scale and access requirements of the uses in this category, they are generally associated with, or located along major transportation routes. (b) Permitted uses. (1) Vehicle fueling station, including service and repair. (2) Restaurants and bars, including drive-thru. (3) Hotels. (4) Public parks, playgrounds and recreational facilities. Office, administrative, business, finance and professional. Retail, including vehicle sales. Health and fitness centers. Funeral homes and moratoriums. Medical facilities. Police and fire stations. Private institutions of higher education; Page 55 of 129 1-20-11 Nursing homes, senior citizen housing or retirement homes. (13) Commercial day cares. (14) Microbrewery. (15) Miniwarehouse or self -storage units. (16) Theaters, (17) Warehouses. (18) Banks and financial institutions, including drive-thru. (19) Veterinary clinics, animal hospitals and kennels. (20) Residential treatment facilities. (21) Transitional housing. Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30- 403, supplemental regulations. (2) Helicopter landing pad, heliport or other landing area in relationship with medical facilities. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (4) Outdoor storage of materials that are for sale. (d) Special uses. (1) Automobile washing businesses, including automatic, coin-operated, moving -line facilities. (2) The allowance of additional height, not to exceed a total of one hundred (100) feet, as long as additional height does not adversely affect surrounding neighborhood. (3) Campground facilities and travel trailer parks. (4) Commercial amusement park. (5) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (6) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (7) Billboardsaspermitted in S'dction 25-401, (e) 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. (e) Height, area, bulk and setback requirements. Page 56 of 129 (1) (g) (h) (1) 1-20-11 Maximum Height: Five (5) stories not to exceed sixty (60) feet. Buildings can exceed the maximum height and stories in the C-2 district upon a special use permit being granted. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density., None. Minimum Yard Requirements: a. Front yard., Twenty-five (25) feet. Rear yard: None, except twenty-five (25) feet when abutting a residential district. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than twenty-five (25) feet on the side of the lot abutting the residential district. Maximum Building Coverage, including accessory buildings: Eighty (80) percent of the lot. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) All off-street parking lots and vehicular use areas shall be screened from all residential uses in accordance with chapter 25 of the City Code. (3) (4) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear or side of the building and properly screened, as required in chapter 25 of the City Code. Lighting shall be designed to reflect away from any adjacent residential area, in accordance with chapter 25 of the City Code. Open space, landscaping and bufferyard requirements. (1) Open space: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning district. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with specific uses set forth in section 25-202. (Ord. No. 4109, art $ 3-1-10) Page 57 of 129 ISec. 30-335. - M-1, light manufacturinglindustrial district. (a) (b) 1-20-11 Purpose. This district is intended primarily for uses engaged in light manufacturing, assembly, fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all activities within a building with no external impact or effect. This district is intended to serve as a transition between more intense industrial development and commercial, office, or multifamily residential development. Permitted uses. (1) Light manufacturing facilities. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating, plumbing and binding establishments. Health and fitness centers. Cemeteries. Commercial day cares. Funeral homes and mortuaries. Government buildings and uses, including police and fire stations, Heavy machinery and equipment sales, rental and service. Offices, administrative, business, finance and professional. (10) Public and private parks, playgrounds, and golf courses, including miniature golf courses and driving ranges. Public service and public utility uses as follows a. Wireless facilities. b. Water reservoirs, water standpipes, and elevated and ground -level water storage tanks. Industrial schools and business schools. Miniwarehouse or self -storage units. Residential treatment facilities. Television and radio studios including any transmitting facilities. Veterinary clinics, animal hospitals, and kennels. Warehouses, storage and distribution centers. (18) Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Page 58 of 129 (19) (20) (21) (22) (23) (c) (d) 1-20-11 Recycling centers. Marina or dock. Transitional housing. Restaurants and bars. Retail, including vehicle sales. Permitted uses (accessory). (1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. (2) (3) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30- 403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents. (2) Single -wide or double -wide, manufactured home or manufactured business unit for office purposes only. (e) Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. p �., r.s Billboartls, as permitted in Section 25-401 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. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) All storage shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or adjoining property. Any outdoor storage shall be at least one hundred (100) feet from any residential zoning district or use. (3) (4) No building shall be used for residential purposes, except for a night watchman or a caretaker employed on the premises. Page 59 of 129 (f) (9) (5) 1-20-11 Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and electrical equipment, and dumpsters shall be located in the rear or side yard of the building. Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) Maximum Height: Forty (40) feet excluding silos, smoke stacks, and dust collection systems. (2) Minimum Lot Area: None. (3) (4) Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard., Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district there shall be a side yard of not less than ten (10) feet on the side of the lot abutting the residential district. Maximum Building Coverage: None. Open space, landscaping and bufreryard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG fi 1 RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. (h) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 2:2Q2. (Ord. No. 4109, art. 2, 3.1-10) ISec. 30-336. - M-2, heavy manufacturing/industrial district. (a) Purpose. This district is intended for heavy industrial uses and many other uses which are not otherwise provided for in the other industrial district. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts, whenever possible. Good accessibility should be provided to major rail, air facilities and highways. (b) Permitted uses. (1) Page 60 of 129 1-20-11 Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except: facilities producing or processing explosives or flammable gases or liquids; animal slaughtering, meat packing, or rendering; sulphur plants, rubber reclamation plants, steel mills, foundries or smelters. Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments. Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, and any business and sales offices accessory thereto. Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state fire codes. Central mixing plants for cement, asphalt, or paving material. The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, however, any bulk storage of extraction material or overburden, any processing or extraction machinery, and the open face of any cut, shall be at least twenty-five (25) feet from the property line. Heavy machinery and equipment sales, rental and service. Junk yards, scrap and salvage yards. Manufacturing and production of paving, roofing and other construction material, using asphalt or petroleum based coatings or preserving materials. Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals. Recycling center. Vehicle fueling stations, induding service, repair, body and fender repair, and paint shops. Wastewater and water treatment facilities. Terminals for trucks, buses, rail and watercraft. Marina or dock. Permitted uses (accessory). (1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30- 403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Page 61 of 129 (e) (f) 1-20-11 Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. Jails, prisons or detention facilities. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Bi4OM��`` "IA C601d. 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. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) No junk yard, scrap, or salvage yard shall be located within five hundred (500) feet of any residential use. (3) Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) Maximum Height., Forty (40) feet, excluding silos, smoke stacks, and dust collection systems. (2) (3) (4) Minimum Lot Area: None. Minimum Lot Width: None. Minimum Yard Requirements: a. D C. Front yard: Twenty-five (25) feet. Rearyard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district or use there shall be a side yard of not less than twenty (20) feet on the side of the lot abutting the residential district or use. Maximum Building Coverage: None. Open space, landscaping and buNeryard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) Page 62 of 129 (h) (3) 1-20-11 Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, M, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loadin s aces shall be provided in accordance with the requirements for specific uses set forth in section SM12. (Ord. No. 4109, art. 2,3-1-10) Sec. 30-340. - Other districts. 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) (3) (4) Allow for a diversity of uses permitted and variation in uses, structures, open space and height of structures. Promote the creation of open space areas and the preservation of natural features of a development site. 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. (u1 General 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 Page 63 of 129 (c) (d) 1-20-11 on the public health, safety or welfare. It shall be the responsibility of the applicant for a planned development district to demrnstrate that the above factors are avoided or mitigated to a level that is acceptable to the city. Pinned development districts are to be used solely fo neGv dWIblome5t o aha ;�arfd 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 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;;, xr Minimum district size. The minimum site size for a planned development (PD) district shall be three (3) acres. 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: (f ) 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 City Manager, and such other city staff as the director may desire. The City Manager shall coordinate sketch plan review of the proposed planned development. Upon completion of the sketch plan review, the City Manager 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. (0 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; Overall maximum density of residential uses and intensity of nonresidential uses; General location of vehicular and pedestrian circulation systems; General location and extent of public and private open space, General location of residential and nonresidential land uses; and Phasing of development. Application torpreliminary 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 Page 64 of 129 1-20-11 of a preliminary development plan shall be submitted to the City Manager. 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 City Manager 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. The legal description of the subject property. The names and addresses of all adjacent property owners. The zoning district classification and present use of the subject property. 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. (8) (9) Topography at contours not more than five (5) feet; Slopes of fifteen (15) percent or more; Property boundary lines and dimensions, available utilities and dimensions, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property; Watercourse, drainage ways, sinkholes, groundwater recharge areas, ponds, lakes and bodies of water; A generalized description of vegetation and tree cover; Marshes and floodplains, including the delineation of the 100 -year floodplain, where applicable; Drainage patterns; Other physical features that may affect the development of the property. 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. 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. 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. Page 65 of 129 (10) (12) 1-20-11 A general land use plan with a description of the type, location, and nature of land use within each area of the development; 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; A generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, management of stormwater runoff and similar essential services; A generalized landscape plan for the development, including the buffer and perimeter areas; A delineation and description of the minimum open space area, including the buffer and perimeter areas; A description of screening and benning adjacent to existing residential areas; and 9• A sign plan that coordinates the size, location, and illumination of proposed signage within the development. A tabulation of the following information: a. b. C. d. The approximate total number of dwelling units proposed, by type of structure and approximate number of bedrooms for multifamily units; The approximate total square feet of building floor area proposed for each general type of nonresidential uses; 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 The proposed number of off-street parking and loading spaces for each proposed type of land use. 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. 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 Page 66 of 129 6) (k) 1-20-11 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. 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. 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 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. 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 City Manager 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. (I) Effect of preliminary 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 (n) 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 Develoment 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. Density. (1) For nonresidential development, the intensity of development may be regulated: a. A C. By specifying a floor area ratio (FAR) or ratios; By specifying maximum square footage or gross leasable area; Page 67 of 129 d. 1-20-11 By specifying setbacks, height and bulk restrictions; or 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 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 facilifies 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 ('/) 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) Page 68 of 129 1-20-11 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 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. Application. Upon approval of the preliminary development plan, the applicant shall submit an application for final development plan approval to the City Manager. 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. A legal description of the property for which final development plan approval is sought. The date on which preliminary development plan approval was granted. A preliminary plat of subdivision that includes a survey certified by a registered land surveyor. 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. 3. The total square feet of building floor area proposed for each general type of nonresidential use; 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 The proposed number of off-street parking and loading spaces for each proposed type of land use. 9- 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. Page 69 of 129 (2) (3) k. M. 1-20-11 Copies of any restrictive covenants that are to be recorded with respect to property included in the final development plan. Utility plans, indicating placement and sizes of all public utilities, as appropriate. 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. Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the planned development, and proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or private common open space or service facility. 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. Substantial conformity defined. A final development plan shall be deemed not to be in substantial 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. Significantly alters the arrangement of land uses within the planned development. 9• 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. 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 Page 70 of 129 (u) (v) (w) (x) (Y) (4) 1-20-11 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. 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. 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. Notice and recording of renal 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. Building and other permits. 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. Adjustments to plan during development. During the construction of a planned development, the City Manager 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). 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. 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) Sec. 30-342. - A-1, airport district. (a) Purpose. The purpose of this district is intended to regulate development of land surrounding the Cape Girardeau Regional Airport. To promote compatible land uses with the airport and associated uses of surrounding land, along with protecting the airport from incompatible development. Page 71 of 129 (b) 1-20-11 Permitted uses. (1) Public airport owned and/or operated by a general or special purpose unit of government, to include all air -side support facilities necessary for operation. (2) (d) (e) General commercial aviation, air charter service, aircraft maintenance, pilot training, and scheduled air passenger and freight services. Automobile and aircraft parking and storage. Aircraft and aircraft parts repair, reconstruction, construction or maintenance. Offices and office buildings. Warehousing. Permitted uses (accessory). (1) Motor fuel filling, dispensing and storage for vehicles and aircraft. (2) Agricultural use, limited to row crop production and excluding the raising of trees or animals, subject to applicable F.A.A. regulations. Public parks, playgrounds and recreational facilities. Hotels. Food service, including restaurants and food dispensing. (6) Advertising signs, limited to on -premises signs advertising the name and services of a business located in this district. (7) (8) Billboards, but only in conformance with section 30-502 of this chapter. Any sign erected and maintained pursuant to and in the discharge of a governmental function or required by law, ordinance or governmental regulation. In addition, any sign referred to in subsections (6), (7), and (8) herein must also comply with the rules and regulations of the Cape Girardeau Regional Airport, any applicable state or federal law, and receive prior written approval from the airport manager. Special uses. (1) General retail sales. (2) Any use permitted in the (M-1) light industrial and (M-2) heavy industrial districts. (3) 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. Height, area, bulk and setback requirements. (1) Maximum Height: Two (2) stories not to exceed thirty (30) feet. Page 72 of 129 (f) (9) (2) (3) (4) (5) 1-20-11 Minimum Lot Area: None. Minimum Lot Width: None. Minimum Yard Requirements: a. Front, Rear and Side Yard: Twenty-five (25) feet for front and rear, ten (10) feet for side yard. Front, rear and side yard requirements do not apply to structures constructed on or immediately adjacent to any runway or aircraft apron at the Cape Girardeau Regional Airport. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) Open space: None. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Height regulations; definitions. As used in this section, the words and phrases set out below shall have the following meanings, unless the context requires otherwise: (1) Airport., Cape Girardeau Regional Airport. Airport elevation: The highest point of an airport's usable landing area measured in feet from sea level. Approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 30-342(i). In the airspace plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. Approach, transitional, horizontal, and conical zones: These zones are set forth in section 30- 342(h). Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet. Hazard to air navigation: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Height: For the purpose of determining the height limits in all zones set forth in this section and shown on the airspace plan, the datum shall be mean sea level elevation unless otherwise specified. Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in the airspace plan coincides with the perimeter of the horizontal zone. Page 73 of 129 (10) 1-20-11 Nonconforming use: Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section, or any amendment thereto. Nonprecision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight -in nonprecision instrument approach procedure has been approved or planned. (I i) Obstruction: Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in section 30-342(i). (12) Person: An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or similar representative of any of them. (13) Precision instrument runway., A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. (14) Primary surface: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface is set forth in section 30-342(h). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (15) Runway: A defined area of an airport prepared for landing and take -off of aircraft along its length. (16) Structure: An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines. (17) Transitional surfaces: These surfaces extend outward at ninety -degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces; also, transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extended a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety -degree angles to the extended runway centerline. Tree: Any object of natural growth. (19) Utility runway: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less. (20) Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures. (h) Airport zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Cape Girardeau Regional Airport. Such zones are shown in the most recent approved airport layout plan which is incorporated into this article and made a part hereof as though fully set out herein. An area located in no more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (1) Runway 20 visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward Page 74 of 129 (2) (3) (4) (5) (6) (7) 1-20-11 uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway. Runway 02 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway. Precision instrument runway 10 approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway. Runway 28 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway. Transitional zones. The transitional zones are the areas beneath the transitional surfaces. Horizontal zone. The horizontal zone is established by swinging arcs of five thousand (5,000) feet radii for all runways designated as utility or visual, and ten thousand (10,000) feet radii for all others measured from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing a line tangent to these arcs. The horizontal zone does not include the approach and transitional zones. Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limit herein established for such zone. Such applicable height limits are hereby established for each of the zones in question as follows: (1) Runway 20 visual approach zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline. (2) Runway 02 nonprecision instrument approach zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline. (3) (4) (5) Precision instrument runway 10 approach zone. Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerline. Runway 28 nonprecision instrument approach zone. Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. Traditional zones. Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of Page 75 of 129 (k) 1-20-11 one hundred fifty (150) feet above the airport elevation which is three hundred forty-two (342) feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to the extended runway centerline. Horizontal zone. Established at one hundred fifty (150) feet above the airport elevation or at a height of four hundred ninety-two (492) feet above mean sea level. Reserved.] Conical zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation. Reserved.] Excepted height limitations. Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure to a height of thirty (30) feet, or growth of any tree to a height of fifty (50) feet, above the surface of the land. Use restrictions. Notwithstanding any other provision of this article, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigation signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of the aircraft intending to use the airport. Nonconforming uses. (1) Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance from which this article derives, or otherwise interfere with the continuance of such nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance from which this article derives. (2) Permits. (1) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Cape Girardeau Regional Airport. Future uses. Except as specifically provided in subsections (a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted by the building official. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with Page 76 of 129 (2) (3) (4) (5) (m) 1-20-11 the provisions of this article shall be granted unless a variance has been approved in accordance with section 30-204. a. » In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. C. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article except as set forth in section 30 464(8) 30-342, (i): (10). Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this article or any amendments thereto, or than it is when the application for the permit is made. Except as indicated, all applications for such a permit shall be granted. Nonconforming uses abandoned or destroyed. Whenever the building official determines that a nonconforming tree or structure has been abandoned or more than eighty (80) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duty found that a literal application or enforcement of the regulations will result in unnecessary hardship, and that the relief granted will not be contrary to the public interest, and will not create a hazard to air navigation facilities and the safe, efficient use of navigable airspace. In addition, such variances shall only be allowed where it is duly found that the relief granted will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the Board of Adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny said application. Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of adjustment, this condition may be modified to require the owner to permit the Cape Girardeau Regional Airport at its own expense, to install, operate and maintain the necessary markings and lights. Page 77 of 129 (n) 1-20-11 Enforcement. It shall be the duty of the building official to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the building official upon a form published for that purpose. Applications required by this article to be submitted to the building official shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the building official. Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. No. 4109, art. Z 3.1-10) Sec. 30-350. - Overlay districts. Sec. 30-351. - NCON, neighborhood conservation overlay district. (a) Purpose. The neighborhood conservation overlay district [NCON] is intended to provide a mechanism to initiate and implement revitalization or conservation of older areas or neighborhoods possessing distinct features, identity or character worthy of retention and enhancement. A neighborhood conservation district (NCON) takes effect through petition of the property owners of an identified neighborhood. This overlay district will provide additional guidelines that will facilitate maintenance and protection of the neighborhood character and the development of vacant land or under -used lots. This overlay district is not intended to take the place of a local historic district, but to provide an additional method for property owners to preserve neighborhoods. The NCON overlay district is intended to: Maintain neighborhood character and integrity by focusing special attention on the maintenance of the physical environment in order to stabilize and enhance property values. Promote the efficient use of urban land, including the encouragement of infill development of vacant and underutilized parcels that is compatible with the area. Encourage and support the rehabilitation and renovation of existing structures. Foster the harmonious, orderly and efficient growth, development and redevelopment of the neighborhood in a manner that accommodates desirable change. General provisions. if ) A neighborhood conservation overlay district may be enacted in conjunction with any underlying zoning district or districts within the city in accordance with the provisions of this section. All regulations of the underlying zoning district shall apply to property within the neighborhood conservation overlay district. (2) (3) The neighborhood conservation overlay district shall be identified on the official zoning map by the suffix (NCON). An application for designation as a neighborhood conservation overlay district may be initiated by: a. Page 78 of 129 (c) (4) a C. 1-20-11 A petition duly signed and acknowledged by the owners of fifty-one (51) percent or more of the areas of land within the boundaries of the proposed overlay district, provided that it includes at least fifty-one (51) percent of the owners of record of the subject properties; and A statement documenting the conditions justifying neighborhood conservation designation and setting forth the purposes of such a designation; and The general design guidelines that are proposed to govern the development or redevelopment of properties within the overlay district. The designation ordinance shall identify the overlay district boundaries, which shall be compact, contiguous, uniform, and shall follow streets and alleys, rivers and creeks, railroads, property lines and city boundary lines. The designation ordinance shall include regulations and guidelines which apply to new construction as well as to additions, alterations, rehabilitation, conservation and renovation of existing structures. Designation criteria. When determining a district's potential for neighborhood conservation designation, the planning and zoning commission and city council shall ensure that one (1) or more of the following criteria are satisfied: (1) The area contains similar land uses and densities, displays unifying elements and possesses cohesive physical, social or economic relationships; (Z) There is evidence of structural deterioration, encroachment of incompatible land uses, or erection of incompatible structures which are contributing to the changing of the area; The area exhibits revitalization potential, but coordinated action or treatment is needed; There is evidence that neighborhood conservation designation would be appropriate and effective method for conserving and revitalizing the area; District property owners or residents desire and support neighborhood conservation efforts; or District designation conforms to city plans and policies. Procedure for review and approval of development plans. (1) Prior to undertaking any work regulated by the adopted design guidelines and the issuance of any building permit or other permit for such work in a neighborhood conservation overlay district, the owner shall submit a site development plan for review and approval by the City Manager. Four (4) copies of the plan shall be submitted, which unless otherwise required by the director, shall include the following: a. The legal description of the property to be developed; The boundaries and dimensions of the lot or property to be developed; The location of all building setback lines along adjacent streets and lots; The location and designation of all easements on the lot or property to be developed; The location of all existing structures on, and adjacent to, the lot or property to be developed; Page 79 of 129 (e) (2) (3) (4) (5) 9• 1-20-11 The location and dimensions of all existing and proposed driveways, parking areas, walls, fences, retaining walls, walkways, landscaping, screening, lighting, signage, and service and mechanical areas on the lot to be developed; The location and dimension of all new structures and additions including entrance doors, windows, porches, balconies, carports and garages; A building elevation drawing or photograph, and a list, description and samples of materials to be used; and Any other information deemed necessary to show compliance with this section and with regulations and standards of the applicable neighborhood conservation overlay district designation. Depending upon the nature of the proposed project, additional information may be required to be included on the site development plan. Upon receiving the site development plan, the director shall notify any officially recognized neighborhood association within said district in writing. The director shall review the site development plan for compliance with section 30-351(d)(1), and the regulations and standards of the designation ordinance within two (2) weeks of receipt. A decision to disapprove the development plan shall be made in writing and shall state the specific reasons for disapproval. If the director disapproves the development plan, the owner may revise the plan to reflect the director's comments, or may, within ten (10) days file an appeal with the city council in accordance with this chapter. Minimum size of an area to be considered for district designation is ten (10) contiguous parcels, unless otherwise determined to be a cohesive neighborhood by the director of developmental services. General design guidelines. The general guidelines set out below shall be the minimum considerations for a neighborhood conservation overlay district. Any individual neighborhood conservation overlay district proposed may set out additional design guidelines specific to the identified neighborhood. These guidelines apply to new construction, additions, alterations, rehabilitations and renovation of existing structures to preserve the character of the identified neighborhood. The intent is to preserve the character of the district, while not imposing over -reaching restrictions. All work should be compatible with character of the neighborhood district including the following: (1) Site Elements: a. (2) Building orientation and separation. b. Area, bulk and density restrictions including floor area, lot size and width, building sets backs, lot coverage, height limits and other related provisions. C. Walls, fences, retaining walls and walkways. d. Landscaping and screening. e. Lighting and signage. Size and placement of accessory structures, including carport and garages. Building Elements: Page 80 of 129 1-20-11 Architectural detail and scale. Height, number of stories and vertical and horizontal alignments. Roof type, pitch and materials. Exterior wall materials, texture and color. Foundations height and materials. Window and door type, proportion and arrangement. 9 - Porches, decks and awnings. (Ord. No. 4109, art. 2, 3.1.10) Sec. 30-352. - H, historic overlay district. (a) Purpose. The purpose of this district is to identify and provide an avenue to designate local historic landmarks, and local historic districts. It is intended to help protect, preserve and enhance places, districts, sites, buildings and other features having a special historical, architectural, cultural or aesthetic value. The historic overlay (H) district is further intended to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Stimulate revitalization and preservation of the residential, civic and business areas; Promote economic progress through heritage tourism; Provide for and encourage the designation, protection, preservation, rehabilitation and restoration of historic districts and properties; Facilitate the city's efforts to participate in federal or state historic preservation programs; Protect, enhance and perpetuate such buildings, structures or land improvements and landmarks which represent or reflect elements of the city's cultural, social, economic, political and architectural history; Safeguard the city's historic, aesthetic and cultural heritage as reflected in such buildings, sites, structures or land improvements and landmarks, Provide a mechanism to identify and preserve the distinctive archaeological, historical and architectural characteristics of the city which represent elements of the city's cultural, social, economic, political and architectural history; Foster civic pride in the beauty and noble accomplishments of the past, as represented in the city landmarks and historic districts; Conserve and improve the value of property or areas designated as landmarks or within historic districts; Page 81 of 129 1-20-11 Protect and enhance the attractiveness of the city to home buyers, tourists, visitors and shoppers; and thereby supporting and promoting business, commerce, industry and providing economic benefit to the city; Foster and encourage preservation, restoration and rehabilitation of structures, areas, and neighborhoods; Provide economic development by preserving and enhancing the environmental quality and property values of neighborhoods and the community at large; Promote the use of historic landmarks for the education, pleasure, and welfare of the people; and Provide economic benefits to encourage business and residential owners to locate and invest in historically significant structures. The (H) district is an overlay zoning classification that establishes additional restrictions and standards on those uses permitted by the underlying zoning district. In the event of conflict between the overlay zoning district regulations and the regulations of the underlying zoning district, the overlay zoning regulations govern. In all other cases, both the overlay zoning and underlying zoning regulations apply. (b) (c) Nomination of local landmark or historic district. (1) General. A nomination for designation as a historic district shall be submitted to the historic preservation commission and may be initiated by a petition duly signed and acknowledged by the owners of fifty-one (51) percent or more of the areas of land within the boundaries of the proposed overlay district, provided that it includes at least fifty-one (51) percent of the owners of record of the subject properties. A nomination for designation as a landmark may be initiated by a petition duly signed and acknowledged by all of the owners of record of the subject property. A nomination of a landmark or district shall be considered an application to amend the official zoning map of the city and thereby shall be reviewed under the provisions of this chapter. The historic preservation commission shall review the application and make a recommendation to the planning and zoning commission and the city council based upon the nomination criteria. (2) (3) Declaration of eligibility. The historic preservation commission may, through its surveys and research, identify architecturally significant properties, areas, landmarks and structures and notify property owners of their eligibility for nomination as a landmark or district. The commission shall maintain a register of significant undesignated properties, and distribute the register to appropriate agencies and bodies. Legal description. A legal description of the subject property proposed to be designated as a landmark or historic district shall be included with the nomination. Criteria for nomination. Upon receipt of a nomination application, the historic preservation commission shall review the supporting evidence and determine if the property, area, or structure has sufficient integrity of context, design, materials, and workmanship to make it suitable for preservation, restoration, or rehabilitation, and one (1) or more of the following criteria shall be met: (1) It has character, interest or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country; (2) (3) (4) It is a site of a significant local, county, state, or national event; It is identified with a person(s) who contributed significantly to the development of the community, county, state or country; It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials; Page 82 of 129 (d) 1-20-11 It is identified as the work of a master builder, designer, architect or landscape architect, whose individual work has influenced the development of the community, county, state or country; It embodies elements of design, detailing, materials, or craftsmanship which renders it architecturally significant; It embodies design elements that make it structurally or architecturally innovative; It has a location or singular physical characteristics that make it an established or familiar visual feature; or It has character of a particularly fine or unique example of a utilitarian structure, including, but not limited to, barns, vehicle fueling stations, or other commercial structures, with a high level of integrity or architectural significance. Procedure for nomination (1) (2) Notification of nomination and public hearing. The historic preservation commission shall schedule and hold a meeting on the nomination as to whether or not a nominated landmark or historic district meets the criteria for designation. The meeting shall be scheduled, held and conducted as a public hearing in the same manner as other hearings to consider applications for zoning map amendments or ordinance amendments and to receive the viewpoints of affected property owners, residents and other interested citizens. Notice of the date, time, place and purpose of the hearing and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators. Notice of the public hearing shall also be listed on the commission's agenda for the date specified. Timely determination. a. Within sixty (60) days of the conclusion of the public hearing, the historic preservation commission shall make a recommendation as to whether or not the nominated landmark or historic district meets the criteria for designation in section 30-352(c). Such recommendation may be for approval, disapproval or approval, in part and, together with a report shall contain the following information: 2. 3. 4. 5. Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation. Explanation of the integrity or lack of integrity of the nominated landmark or historic district. In the case of a nominated landmark or historic district found to meet the criteria for designation: (i) The significant exterior architectural features of the nominated landmark that should be protected. (ii) The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit that should be reviewed for a certificate of appropriateness. A review of proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated landmark or historic district. Page 83 of 129 (e) (3) (4) (5) M 1-20-11 A map showing the location of the nominated landmark or the boundaries of the nominated historic district. The recommendation and report of the historic preservation commission shall be sent to the city council and planning and zoning commission within seven (7) days following the vote on the resolution, and shall be available to the public at the offices of the division of planning services. Action by planning and zoning commission. a. A Upon receipt of the historic preservation commission's recommendation and report, the planning and zoning commission shall review each proposed landmark or historic district for historic zoning designation. Within thirty (30) days of the planning and zoning commission's review it shall make a recommendation with respect to the proposed "H" designation. The recommendation, together with a record of the proceedings, shall be forwarded to the city council. An "H" historic zoning designation shall be regarded as a supplemental zoning designation and shall not affect in any way the underlying zoning designation, as provided in other articles of this chapter. The existing zoning standards for each district are set forth and shall be complied with unless such standards conflict with the provisions of the ordinance designating such landmark or historic district and in the event of a conflict, provisions of the historic district ordinance shall prevail. A landmark or historic district shall be designated with an "H" affixed to the current zoning district acronym and illustrated as such on the official zoning district map. Notification of determination. Notice of the determination by the historic preservation commission, including a copy of the report, shall be sent to the owners of record of a nominated landmark, and owners of all property within a nominated historic district, and to the nominator within thirty (30) days following a determination of the historic preservation commission as to whether or not the nominated landmark or historic district meets the criteria for designation. Action by the city council. a. Upon receipt of a recommendation from the planning and zoning commission, the city council shall proceed in the normal manner provided for zoning ordinance and map amendments, as set forth in section 30-206. Said procedure shall include a public hearing with notice as specified in section 30-206. Notice of the hearing shall also be provided in the manner specified in section 30-352(d)(4). L7 After the public hearing, the city clerk shall provide written notification of the action of the city council by regular mail to the nominator, the owner(s) of record of the nominated landmark or to all property owners within a nominated historic district. The notice shall include a copy of the designation ordinance passed by the city council and shall be sent within thirty (30) days of the city council action. A copy of each designating ordinance shall be sent to the historic preservation commission, the city planning and zoning commission, and the division of planning services. If designated, the landmark or historic district shall receive the supplemental classification "H" for historic structure or district, and the designating ordinance shall prescribe the significant architectural, historical or archaeological features that qualify the landmark for designation. A copy of the designating ordinance shall also be recorded with the county recorder of deeds. Interim control over nominated properties. No building permits shall be issued by the city for alteration, construction, demolition, or relocation of a nominated landmark or any property or structure within a nominated historic district from the date of publication of the public hearing by the historic preservation commission at which the nomination is first presented for consideration until the final disposition of the nomination by the city council, unless such alteration, construction, demolition or removal is authorized by resolution of the city council, as necessary for the health, safety or welfare of the public. In no event, however, shall the delay be for more than one hundred eighty (180) days. Page 84 of 129 (f) (g) (h) 1-20-11 Amendment or rescission of designation. A designation may only be amended or rescinded by petition to the city council in compliance with the same procedure and according to the same criteria set forth herein for designation. Purpose for a certificate of appropriateness. A certificate of appropriateness is intended to provide for review and approval of any work to be undertaken on structures within the historic overlay zoning district or on designated local landmarks in order to ensure compliance with the city's design guidelines as based on the Secretary of the Interior's standards for historic preservation. This permit is not intended to disrupt or discourage investment in historic properties, but is intended to promote and encourage use of these established standards and guidelines for the rehabilitation, preservation, adaptive reuse, and restoration of historic resources and neighborhoods. Certificate of appropriateness; applicability. All properties within a historic overlay district or any property designated as a local landmark shall be subject to the provisions of this article. No application for a building permit or demolition permit for any action in a historic district shall be approved until the city council, historic preservation commission, or its designee has issued a certificate of appropriateness. A certificate of appropriateness shall be required before one (1) or more of the following actions affecting the exterior architectural appearance of any landmark or property within a historic overlay zoning district may be undertaken: (1) Any construction, repair, alteration, or removal affecting an exterior architectural feature or features; (Z) (3) Demolition in whole or in part of any structure; or Any construction, repair, alteration, removal, or demolition, in whole or in part, proposed by the city or any of its agencies or departments affecting a significant exterior architectural feature or features, or an archaeological site. Certificate of appropriateness; applications. Applications for a certificate of appropriateness shall include the following information: (1) Photographs of the existing conditions; Scaled drawings of proposed changes, List of proposed materials with dimensions, As necessary for review, manufacturer's literatures, material samples, site map and a structural report; and Any other information deemed necessary to conduct a thorough analysis of the application. Certificate of appropriateness; approval criteria. A certificate of appropriateness shall not be approved unless the applicant presents clear and convincing evidence that the application meets the following criteria, adapted from the Secretary of the Interior's Standards for Rehabilitation. The criteria are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. (1) Every reasonable effort shall be made to provide that a property will be used as it was historically, or be given a new use that requires minimal change to its distinctive materials, features, spaces, and special relationships. (Z) The historic character of a property will be retained and preserved. The removal of distinctive materials or alterations of features, shapes, and relationships that characterize a property will be avoided when possible. Page 85 of 129 (k) 1-20-11 l3) Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will be discouraged. (4) Changes to a property that have acquired historic significance in their own right will be recognized and respected. (5) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be treated with sensitivity. (6) Deteriorated historic features will be repaired, rather than replaced whenever possible. Where the severity of deterioration requires replacement of a distinctive feature, the new features should match the old in design, color, texture, and where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. (7) Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. (8) Every reasonable effort shall be made to provide that archeological resources will be protected and preserved in place. If these resources must be disturbed, mitigation measures will be undertaken. (9) Whenever possible, new additions, exterior alterations or related new construction shall be done in such a manner that they will not destroy historic materials, features, and special relationships that characterize the property. Any new work should be differentiated from the old and be compatible with the historic materials, features, size, proportion, and massing to protect the integrity of the property and its environment. (10) Whenever possible, new additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired. (11) In conducting a review, the historic preservation commission may consider economic hardship and other factors that may affect an owner's ability to undertake and complete rehabilitation or other work under consideration. Certificate of appropriateness; review procedure. All applications for a Certificate of appropriateness shall be reviewed and considered within sixty (60) days of the filing of the application. Determinations will be based on the approval criteria set forth in this article and generally accepted preservation policies as determined and set forth by the historic preservation commission. (1) Applications for a certificate of appropriateness shall be reviewed by the historic preservation commission and formal action shall be taken by majority vote. (2) Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant and the director following the determination. (3) (4) Upon the approval of an application, the planning services office may, if all other applicable requirements are met, issue a certificate. The certificate may specify any conditions of approval under which the work shall be completed to be in compliance with the approved application. Upon the denial of an application, a statement of the reasons for denial shall accompany the written notice. The historic preservation commission shall make recommendations to the applicant concerning changes, if any, in the proposed action, which would cause the historic preservation commission to reconsider its denial. The applicant may submit an amended or revised application that takes into consideration the recommendations. Page 86 of 129 (m) (n) 1-20-11 Certificate of appropriateness,, demolition. (1) Demolition, in whole or in part, of individual landmarks or any primary structure within a historic district is not permitted unless a certificate of appropriateness has been obtained for that purpose. Deterioration caused by neglect or lack of routine maintenance by the existing owner does not provide grounds for the approval of demolition. Grounds for approving a certificate of appropriateness for demolition include, but are not limited to, the following: a. (2) (3) The structure has been substantially damaged through fire, deterioration, or natural disaster; b. The structure does not possess the integrity, originality, craftsmanship, and age to merit preservation; and C. There is substantial evidence that it would not be physically or economically viable to rehabilitate the structure. For applications for demolition, the city should provide notice of the proposed demolition to surrounding property owners, as outlined in section 30-206(h) of this Code, and post a sign on the affected property indicating the proposed demolition. In cases of demolition, the owner shall permit access to the subject property for the purpose of inspections and/or appraisals required by the historic preservation commission or city staff. Applications for demolition of a landmark or primary structure shall be reviewed by the historic preservation commission and forwarded to the city council with a recommendation. The city council shall take formal action on the application. approval shall be made by resolution of the city council. Certificate of appropriateness; appeal procedure. An appeal of the denial of a certificate of appropriateness by the historic preservation commission shall be filed with the division of planning services within thirty (30) days of the date of denial. The appeal shall be submitted for review by the planning and zoning commission. The planning and zoning commission must render a decision within sixty (60) days of the filing of the appeal or the appeal shall be deemed to have been denied. It shall require a favorable vote a majority of the members of the planning and zoning commission to overturn the decision of the historic preservation commission. Certificate of appropriateness; hardship appeal procedure. (f) If an appeal of the denial of a certificate of appropriateness is based solely upon hardship, proof of hardship shall be the burden of the property owner for consideration by the planning and zoning commission. (2) Reversal of a historic preservation commission denial based solely upon hardship shall not be approved unless the applicant presents clear and convincing evidence that may include the following criteria: a. M C. Any deterioration or damage cited to establish hardship shall not be due to the present owner's willful act, neglect or inattention to maintenance and repairs. Evidence showing that the owner or applicant failed to maintain or protect the property, or performed or permitted any acts to the detriment of the property, may be used as a basis to reject allegations of hardship; For income producing property, a reasonable rate of return cannot be obtained from the property if it retains its historic features or structures in either its present condition or if its features or structures are rehabilitated; or For nonincome producing property, the property has no beneficial use in its present condition or if rehabilitated. Page 87 of 129 (o) (p) Ffl (r) 1-20-11 Certificate of appropriateness; stop work order. (1) The director shall monitor all projects that require a certificate of appropriateness to ensure compliance with the terms and conditions of a certificate of appropriateness, building permit or demolition permit. Where a project fails to comply with any part of a certificate of appropriateness or the provisions of this article, it shall be considered a violation of this Code, and the director may issue a stop work order in writing which states the violation and a deadline by which to rectify the violation. If the project fails to meet this deadline for compliance, a second stop work order may be issued in writing and delivered by certified mail, which shall set forth the terms of compliance and the penalties for violation of this article. (2) Whenever the director has reason to believe that an action for which a certificate of appropriateness would be required has been initiated or is about to be initiated, he shall make every reasonable effort to contact the owners, occupants, contractor, or subcontractor and inform them of the application process. If a stop work order is determined to be necessary to halt an action that requires a certificate of appropriateness, a copy of the stop work order shall be delivered to the owners, occupants, contractors, or subcontractors. A copy of the application form shall also be included with the stop work order. Certificate of appropriateness; lapse in work. Approval of any certificate of appropriateness shall be effective for a period of one hundred eighty (180) days, at the end of which time a building permit shall have been issued for the action(s) so authorized. In the event that a building permit has not been issued within one hundred eighty (180) days or at such time work is suspended or abandoned for a period exceeding one hundred eighty (180) days, the certificate of appropriateness shall be null and void, and the applicant shall be required to submit a new certificate of appropriateness application for consideration by the historic preservation commission. Fees and penalties. The city council shall establish an appropriate system for processing fees for the review of nominations and certificate of appropriateness. (11 It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any nominated or designated property or landmark or property within a nominated or designated historic district without a certificate of appropriateness. Any person convicted of violating the provisions of this article shall be punished by a fine no greater than five hundred dollars ($500.00) or confinement in the city jail for a period not to exceed sixty (60) days, or by both fine and confinement. Each day each violation shall continue to exist shall constitute a separate violation. (2) It shall be unlawful not to maintain designated property or landmarks, or property within a designated historic district within the minimum maintenance requirements of section 30-352(t). District H, design guidelines. In addition to the criteria for approval of a certificate of appropriateness as set forth in this article, the following design guidelines may be used, in conjunction with design guidelines and policies adopted by the historic preservation commission in considering an application for a certificate of appropriateness and can serve as the basis for conditions of approval. These guidelines are based on accepted practices for historic preservation and are not intended to inhibit change, new construction, new architectural styles, or new technologies when these changes complement the existing buildings and streetscapes. Design review decisions shall be based on the same set of design guidelines for all properties designated by the district H, however, structures possessing a greater degree of integrity, originality, craftsmanship and historic significance may have the guidelines more stringently applied than those with lesser significance as determined by the historic preservation commission. These guidelines may be applied for all alterations, construction, demolition, or repairs affecting the exterior appearance of the property. (1) New buildings and additions to existing buildings: New buildings should be compatible with the architecture of the district. Scale, placement on lots and street setback must conform to the scale, placement and setback of adjacent structures, especially in the context of rows of buildings and streetscapes. Styles of architecture will be controlled only to ensure that their exterior design, materials, and color are in harmony with neighboring structures. (2) Page 88 of 129 (3) (4) (5) (6) (7) (8) (9) (10) 1-20-11 Alterations: Alterations should restore a structure's original elements, materials, and appearance, if economically or physically feasible. Alterations affecting the exterior of a structure should preserve all significant original exterior elements, including building materials, doors, windows, and decorative elements. Elements that are not original, but which may have acquired significance by virtue of age or craftsmanship, should also be preserved. Alterations that disguise or sheath original elements and materials should not be permitted. Storefronts and commercial building facades should be treated as a whole, and alterations to the first floor should be compatible with the upper floors. Demolition: Demolition of past additions that have disguised or sheathed original elements or facades is encouraged, as long as the intention is to restore those elements and facades. Relocation of buildings: Structures shall not be removed from their original site unless there is substantial evidence that it would not be practical or economical to utilize the building on its present site. If a building lies in the path of a public improvement project and if the building meets the requirements for preservation by virtue of its integrity, originality, craftsmanship or age, relocation may be considered as an alternative only after it is determined that the project cannot be altered to avoid the relocation of the historic structure. Exterior walls: A structure's original walls, including masonry, siding, sheathing materials, and exposed foundations, should be maintained and preserved, if feasible. Walls, siding, and sheathing materials that may not be original, but have acquired significance by virtue of age or craftsmanship, should also be maintained and preserved. These walls, siding, and sheathing materials should not be altered, covered or disguised by new building materials unless it is no longer feasible to maintain the significant materials. Masonry should not be painted or stuccoed unless it is no longer feasible to maintain the significant materials. Restoration of original walls, siding and sheathing materials is encouraged. Removal of false facades that cover or disguise original walls and materials is encouraged. Decorative and character defining elements: Original decorative and character defining elements and those that may not be original, but have acquired significance by virtue of age or craftsmanship should be restored, maintained, and preserved, if feasible. Doors and windows: Original doors and windows should not be replaced unless there is substantial evidence that they are no longer serviceable or cannot be restored. Restoration of original entryways that may have been covered, altered, or removed over time is encouraged. Replacement doors and windows that imitate an earlier inappropriate style are discouraged. In general, existing openings should not be covered or relocated, whenever possible. If additional entryways or service doors become necessary, they should be located and designed in a sensitive manner. If it is necessary to expand original openings, it should be accomplished in a manner that respects and complements the surrounding building elements, materials, and colors. Porches: Porches, porticos, stoops, entryways, loading docks and exterior stairways should be of a scale, design, material, and color that complement the existing facade and its individual elements. Loading docks and service entrances should be located inconspicuously and should be considered a part of a building's overall design scheme. Roofs: Rooflines and shapes should not be altered, if feasible. Visible roofing materials should be compatible with other building elements and materials in terms of color, materials, and texture. The use of roofing materials appropriate to the style and period of the building is encouraged. The use of roofing materials that reflect an earlier or later style or period is discouraged. Mechanical equipment and weather protection devices: Mechanical and weather protection devices shall be placed and installed in a manner that is unobtrusive. Fences, sidewalks, decorative dividers and walls: Fences and decorative walls should be placed and scaled in a manner that do not cover, block or damage significant building facades or elements. Fences and walls should be of a style or period that corresponds with the style or period of the building or buildings they serve. Original fences, walls and sidewalks and those that have acquired Page 89 of 129 (s) (12) (13) Signs. (1) (2) (3) (4) 1-20-11 significance by virtue of age or craftsmanship should not be removed or destroyed and should be maintained and preserved, whenever possible. Vacant lots, alleys, and parking areas: Parking lots, driveways, and other spaces between and around buildings shall be designed and maintained in a manner that does not detract from nelghboring bulldings and facades. The creation of new paikiny lots, driveways and parking pads shall be done in a way to minimize their appearance and to complement the buildings they serve and the surrounding neighborhood. Garbage dumpsters, bollards, loading docks and other similar fixtures shall be structurally and cosmetically maintained and shall be placed in a manner that is as inconspicuous as possible. Signs and awnings: Maintenance and preservation of original signs or those that have acquired significance by virtue of age or craftsmanship is encouraged. Signs that disguise, obstruct, or detract from significant facade elements shall not be allowed. Signs and awnings shall be designed to complement the style, materials, and color of the building. Lighting and other illumination shall be properly shielded or diffused to eliminate glare. Individual building mounted lights shall be no brighter than one hundred (100) watts and be mounted no lower than six (6) feet and no higher than nine (9) feet in height. All signs shall be installed in accordance with the provisions of section 30- 503. Permit required. Irrespective of provisions in any ordinance of the city relating to signs, all signs for a landmark or buildings in a historic district not specified in the designating ordinance must receive a certificate of appropriateness from the historic preservation commission, which shall review the proposed sign in accordance with the following general guidelines. No public hearing shall be required for an application for a certificate of appropriateness for a sign which is otherwise in conformance with the city's ordinances affecting signs. General guidelines. a. General sign regulations are included in the City Code. Additional sign restrictions may be included in the ordinance designating a landmark or district. C. It is not the intent of these standards to create uniformity of signage or to inhibit creative initiative. Signs shall be designed and placed so as to appear an integral part of the building design, and to respect neighboring properties and the district in general. Signs shall be designed with appropriateness relative to the services of the establishment served. Recommended signage. a. C. Signs should be maintained if they are determined to be an original part of a building as it was originally constructed. Some signs, though not original to a building may have acquired significance by virtue of their age, design, materials and craftsmanship. Such signs should be maintained and preserved. Some existing signs may not be appropriate, especially if they disguise, obstruct, or detract from significant facade elements. Wall signs. Each ground floor occupant in a building shall have no more than one (1) sign oriented to each street on which the premises has frontage. The sign should identify the predominant use of the occupant or identify the building as a whole. a. Page 90 of 129 (5) (6) (7) (8) III c. 1-20-11 Wall signs may extend the entire length of the facade but shall have a total vertical dimension of no more than two (2) feet, six (6) inches. Wall signs shall be mounted no lower than eight (8) feet above the elevation of the ground floor and no higher than the elevation of the second floor. Wall signs may be applied directly on glass show windows or entry doors. These may be located at any point below the elevation of the second floor. Secondary wall signs. Each occupant in a building may have one (1) or more secondary wall signs. These signs should identify occupants on upper floors or those not considered the primary occupants. a. 71 Each occupant may have not more than one (1) sign applied directly on glass of upper windows. Upper window signs may consist of individual letters not over six (6) inches in height. Total sign dimensions should be no greater than fourteen (14) inches in height. In addition to upper window signs, each occupant may have one (1) ground floor entry sign located at the entry way with individual letters painted or located directly on glass, door, plaque or directory. Illumination. Any sign lighting shall be properly shielded or diffused so as to eliminate glare. Exceptions. The following are appropriate in addition to those signs listed above: a. C. Names of buildings, dates of erection, monumental citations, and commemorative tablets which do not exceed twenty (20) square feet in area when made a permanent integral part of a building. Educational signs not exceeding ten (10) square feet providing bulletin or poster display space, identifying or explaining local history or other processes. Signs that have special aesthetic, artistic or historical merit or appropriateness. Projections beyond property line. There should be no projections beyond the property line other than as described below, or as allowed by other sections of this article. a. C. Sun protection/weather protection devices are permitted only in the form of awnings. Awnings should be of canvas, or of a planar surface of metal or similar smooth surface. Awnings should be located no higher than sixteen (16) feet and should extend no lower than eight (8) feet. Awnings should be a color(s) and design that compliments the existing facade and that do not cover or damage significant structural or decorative elements. Individual wall lighting fixtures projecting beyond property lines may be used, providing fixtures are consistent with the period or the design of the building facade; the total wattage per fixture is no more than one hundred (100) watts; the fixture does not emit glare or harsh bright spots; the fixture is mounted no lower than seven (7) feet six (6) inches nor higher than nine (9) feet above the elevation of the ground floor; and the fixture extends from the property line not more than sixteen (16) inches, with no dimensions greater than sixteen (16) inches. The historic preservation commission may adopt a standardized sign which may project beyond property lines and which may be used by all property owners or businesses within a district. Such sign shall be no lower than seven (7) feet six (6) inches nor higher than ten (10) feet above the elevation of the ground floor, shall extend from the property line not more than three (3) feet, and shall have no dimension greater than three (3) feet. (Noted 80CA Section 3102.10.2 limits projecting signs to two (2) feet inside street curbline.) Page 91 of 129 (t) 31 1-20-11 Signs already in existence on the date of the adoption of this section. Maintenance of historic properties. (1) Ordinary maintenance exclusion. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in this article. (2) (3) (4) Definition of ordinary maintenance. Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage. Minimum maintenance requirement. All buildings and structures designated by city ordinance as "H" shall be preserved against decay and deterioration and free from certain structural defects in the following manner, by the owner thereof or such other person or persons who may have the legal custody and control thereof. The owner or other person having legal custody and control thereof shall repair such building if it is found to have any of the following defects: a. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. Deteriorated or inadequate foundation. Defective or deteriorated flooring or floor supports or flooring or floor supports of insufficient size to carry imposed loads with safety. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration. 9 - Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety. In. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. j - Deteriorated, crumbling or loose plaster. k. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors. M. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective coating. Any fault or defect in the building which renders the same structurally unsafe or not properly watertight. Page 92 of 129 (u) (5) 1-20-11 Public safety exclusion. None of the provisions of this article shall be construed to prevent any measures of construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the chief building official or the fire department, and where the proposed measures have been declared necessary, by such department or departments, to correct the condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, or by act of God or by the public enemy, to such an extent that, In the opinion of the aforesaid department, it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the historic preservation commission. The notice shall be by certified mail and shall specify each item in the property or landmark that fails to meet minimum maintenance requirements. The owner or other person having legal custody of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements. The historic preservation commission, for good cause shown, may extend the thirty - day period. If, after the original thirty -day period or any extension granted by the preservation commission, the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the owner or person having legal custody of the property shall be in violation of this section and punished in accordance with section 30-352(q). Design subcommittee. The historic preservation commission may establish a subcommittee of five (5) members including historic preservation members and design professionals to meet with applicants at any time during the application process in order to review and comment on proposed applications. An applicant may request a meeting with the subcommittee before or during the review of any application. (Ord. No. 4109, art. 2,3-1-10) ISec. 30-353. - CX, adult entertainment overlay district. (a) (b) Purpose. CX overlay district is intended for the use of adult entertainment uses. Definitions. (1) Adult, as used In this section, means persons who have attained the age of at least eighteen It 8) years. (2) Adult bookstore means an establishment or business having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities' or "specified anatomical areas" and limited in sale of such sexual materials to adults. (3) (4) (5) Adult motion picture theater means an enclosed building with a capacity of two (2) or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities' or "specified anatomical areas' for observation by patrons therein. Area zoned for residential use, for purposes of this section, means an area which is defined as district AG, A;G;1' RE, R1, R2, R3, R4, R5, RMH, RUMD, CBD or NC. Artist -body painting studio means an establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude. Page 93 of 129 (c) (d) (6) (7) (6) (9) (10) (12) (13) 1-20-11 Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the State of Missouri. Church means a facility for religious use Massage shop means an establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, professional physical therapist or massage therapist licensed by the State of Missouri. Modeling studio means an establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. Overlay zone means a zone having boundaries conterminous with or circumscribed by an existing district, which imposes additional limitations or authorizes additional uses otherwise not required or permitted in the district. Owning property means for the purpose of this section, a present freehold or nonfreehold interest in real property. School means for the purpose of this section, a public elementary, secondary, or high school, or university or college; and private schools with curricula equivalent to that of public elementary, secondary or high schools, or universities or colleges. Specified sexual activities means: a. Human genitals in a state of sexual stimulation or arousal. Acts of human masturbation, sexual intercourse or sodomy. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Specified anatomical areas means: a. 71 Less than completely or opaquely covered: 1. Human genitals, pubic region, 2. Buttocks, 3. Female breast area below a point immediately above the top of the areola. Human male genitals in a discernible turgid state even if completely and opaquely covered. Uses regulated. Adult bookstores, adult motion picture theaters, bathhouses, massage shops, modeling studios and artists -body painting studios, as herein defined, shall be located only in district CX, as established by this sction. Such districts are overlay zones and may only be established by the city council in district C1, C2, M1 or M2. One thousand foot distance limitation waiver. (1) Pagc 94 of 129 12) (3) 1-20-11 No adult bookstore, adult motion picture theater, bathhouse, massage shop, modeling studio or artist -body painting studio, shall be established within one thousand (1,000) feet of any church, school or area zoned for residential use. No more than two (2) of the uses regulated by this sction may be located within one thousand (1,000) feet of each other. The distance limitations set forth in paragraphs (1) and (2) of this subsection may be waived if the person applying for the waiver shall file with the city planning and zoning commission a petition which indicates approval of the proposed regulated use by fifty-one (51) percent of the persons residing on or owning property within a radius of one thousand (1,000) feet of the location of the proposed use. The city planning and zoning commission shall adopt rules and regulations governing the procedure for the securing of the petition of consent provided for in this subsection. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the city planning and zoning commission and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon. The city planning and zoning commission shall not consider the waiver of locational requirements set forth hereinabove until the above-described petition shall have been filed and verified. (e) Public decency and morals ordinance not repealed. No provision of this section shall be construed to repeal or amend any other ordinance of the cty dealing with obscenity, pornography, lewdness, or any other ordinance relating to morals, or any part thereof. (OM. No. 4109, art. Z 3.1-10) ISec. 30-354. - 10, increased occupancy overlay district. (a) Purpose. This district is for areas that are highly desirable for concentrated mixed residential needs. While this high concentration of mixed uses can lead to vibrancy of the neighborhoods, these different uses within areas designated to be single-family have the potential for conflicts. It is important that activities associated with this type of higher mixed residential use do not negatively impact the surrounding neighborhood. This overlay district is intended to allow for additional unrelated person per single-family household. This district permits increased densities in these single-family districts without disturbing the densities in other residential districts when they are located elsewhere in the city. This overlay district also addresses: parking design and other aspects of rental life to try and alleviate disturbance with surrounding single-family private residences. (b) (c) (d) Permitted uses. (1) Single-family detached dwellings. (2) Additional unrelated persons, with an average of no more than one (1) additional unrelated person for every two (2) bedrooms. If there are an odd number of bedrooms, one (1) additional unrelated person will be allowed due to that odd number. For example, a five (5) bedroom house will be allowed to have three (3) additional unrelated persons. Permitted uses (accessory). (1) As permitted in underlying zoning district or districts. General provisions. (1) Page 95 of 129 (e) 1-20-11 An increased occupancy overlay district may be enacted in conjunction with any underlying zoning 1 district or districts within the city in accordance with the provisions of this section. All regulations of J the underlying zoning district shall apply to property within the increased occupancy overlay district. (2) The increased occupancy overlay district shall be identified on the official zoning map by the suffix "10". (3) An application for designation as an increased occupancy overlay district may be initiated by: a. A petition duly signed and acknowledged by the owners of fifty-one (51) percent or more of the areas of land within the boundaries of the proposed overlay district, provided that it includes at least fifty-one (51) percent of the owners of record of the subject properties; and b. A statement documenting the conditions justifying increased occupancy designation and setting forth the purposes of such a designation; and C. The general design guidelines that are proposed to govern the development or redevelopment of properties within the overlay district. (4) The designation ordinance shall identify the overlay district boundaries, which shall be compact, contiguous, uniform, and shall follow streets and alleys, rivers and creeks, railroads, property lines and city boundary lines. The designation ordinance shall include regulations and guidelines which apply to new construction as well as to additions, alterations, rehabilitation, conservation and renovation of existing structures. Standards. (1) For each additional unrelated person above the general definition of family, one (1) additional off- street parking stall is required and shall conform to all city off-street parking regulations. (2) Refuse storage areas shall not be located in the front yards and shall be screened from view. (3) The division of any single unit dwelling into separate or additional dwellings is prohibited. The general intent of the structure shall remain intact. (4) Any other design requirements applicable in the specific underlying zoning district with which this district is combined. (5) Minimum district size: Two (2) acres, consisting of contiguous lots. Wkwiffift"0 I'dwaywrolow wxa ......... - +. Page 96 of 129 (c) 1-20-11 Special uses. (1) First floor residential street frontage may be permitted in new construction and redevelopment projects.. (Ord. No. 4109, art. 2, 3-1-10) ARTICLE 4. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 30401. - Special use permits. Sec 30-402. - Reserved. Sec. 30-403. - Accessory stmdures and uses. Sec. 30-404. - Telecommunication towers: standards. Sec 30-405. - Home occupations. Sec 30-406. - Temporary uses. Sec 30 -407. -Nonconforming uses. Sec 30-406. - Home day cares. Sec 30.409 - Excursion or floating gambling facilities Sec. 30-410.-Altemative energy systems. Sec. 30-411. - In-home eldedv care. Sec 30-412. - Guest houses. Sec 30-413. - Height and area exceptions and modi6wtlons. ISec. 30-401. - Special use permits. (a) (b) Purpose. Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses specifically identified in each zoning district from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of conserving and protecting property and property values in the neighborhood. Application for special use permit. Applications for special use permits shall be made and processed in the same manner as provided in section 30-206 relating to applications for district changes. The city council shall determine whether such building or use will: a. Substantially increase traffic hazards or congestion; b. Substantially increase fire hazards; Adversely affect the character of the neighborhood; Adversely affect the general welfare of the community; and Overtax public utilities. Page 97 of 129 1-20-11 If the council's finding is negative as to all the subject referred to in this section, the application may be granted; if affirmative as to any subject, then such special use permit shall be denied. (3) Any proposed special use shall otherwise comply with all the regulations set forth in this capter for the district in which such use is located. (Ord. No. 4109, art. 2, 3.1.10) Sec. 30-402. - Reserved. Sec. 30.403. -Accessory structures and uses. (a) (b) General provisions. All accessory structures and uses shall be incidental and subordinate to the primary use permitted in the district and shall be located on the same lot as the principal use or structure. No accessory structure or use shall be allowed unless it satisfies the requirements of the zoning district in which it is to be located. Accessory structures and uses shall not be constructed or established upon a lot until the principal buildings, structure or use has been constructed or established, and shall not be used unless the principal structure or use is being used or operated. Standards, residential districts. Except as set out in subsection (1)(d) below, no more than one (1) accessory structure shall be allowed per lot. All accessory structures shall meet the setback requirements of the underlying zoning district. In addition, one minor accessory structure no larger than one hundred fifty150 square feet in area shall be allowed at any location on each lot. Lots zoned AG, agriculture district or exclusive agricultural district, shall not be subject to the limitations contained in this section. (1) Maximum size: All accessory structures within any residential district shall comply with the following maximum building footprint requirements: a. No greater than eight hundred (800) square feet on lots less than one-half ('/2) acre; b. No greater than one thousand (1,000) square feet on lots one-half ('/,) acre to one (1) acre; C. No greater than one thousand five hundred (1,500) square feet on lots greater than one (1) acre, but less than two (2) acres; and d. Lots having two (2) or more acres are allowed up to four (4) accessory structures, providing the footprints of all accessory structures do not exceed a total of two thousand five hundred (2,500) square feet. (2) Maximum height: All accessory structures within any residential district shall comply with the following maximum height requirements: a. On lots up to one (1) acre, the maximum height shall be fifteen (15) feet. b. On lots with one (1) or more acres, the maximum height shall not exceed the height of the primary structure. (3) Residential swimming pools and landscape features with water greater than two (2) feet in depth shall be allowed in the rear or side yard with the following provisions: a. It must be located at least five (5) feet from the property line, b. Page 98 of 129 1-20-11 It must be located at least twenty (20) feet from the primary structure on any adjoining lot; C. It must be enclosed by a four -foot high fence with a secured gate. (Ord Nm 4109, art. 2,3-1-10) Sec. 30-404. - Telecommunication towers; standards. (a) A special use permit is required for a telecommunications tower in all zoning districts within the City of Cape Girardeau. No telecommunication towers shall be allowed on any right-of-way. The location of a telecommunications tower is subject to the following conditions: (1) The applicant shall identify the location of the proposed tower on a map showing the other tower locations within the city. If the proposed tower is located within one (1) mile of an existing tower, the applicant must submit evidence demonstrating why the existing tower is not suitable or available for co -use. (2) (3) The tower shall be designed to accommodate the co -use of at least two (2) other providers and made available to other providers for co -use for reasonable terms. The applicant shall provide a notarized statement as to the availability of the tower for co -use. The design of the tower and accessory structures shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment. (4) The tower shall be set back from the right -c way line of any public street up to a distance equal to the height of'he taver. The tower shall be set back from any structure a MITI]r11U111 distance equal to one and one-half times the height of the tower. (5) (6) (7) Towers or antennas located on structures shall not extend more than thirty (30) feet above the highest point of the structure. The tower and antennas shall meet all federal regulations, including, but not limited to, Federal Communication Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements. Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the city with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the city may cause the tower to be removed and issue a special assessment tax bill for the cost of said removal, which shall be a lien against the real property affected. (Ord. No. 4109, art. 2, 3-1-10) Sec. 30-405. - Home occupations. (a) Page 99 of 129 1-20-11 Purpose. A home occupation is a permitted use in all residential zoning districts. A home occupation may be continued for only so long as it is conducted lawfully and does not produce conditions which cause a nuisance. Violations of this section may result in the loss of the ability to operate the home occupation. No home occupation shall be permitted if it: (1) Changes the outside appearance of the dwelling or is visible from the street; (2) Generates traffic, parking, sewage, water use, or noise in excess of what is normal in a residential neighborhood; (3) Creates a hazard to person or property, results in electrical interference, or becomes a nuisance; (4) Results in outside activities, storage or display. (b) Standards. Unless otherwise regulated elsewhere in this chapter, a permitted home occupation shall be an activity which is clearly incidental and secondary to the use of the premises as a residence, provided that: (1) The activity employs no more than one (1) employee at any given time, other than family members residing in the dwelling unit. (2) The number of vehicle trips generated by business customers, clients and vendors who visit the residential dwelling unit does not exceed twelve (12) trips per day on a weekly average, occurring only between the hours of 7:00 a.m. and 10:00 p.m., excluding trips referenced in subparagraph five (5) herein. (3) Direct sale parties or gatherings (such as Tupperware) are limited to once a month and held only between the hours of 9:00 a.m. and 10:00 p.m. (4) There is no outside appearance of a home occupation including, but not limited to, parking, signs or lights. This restriction shall not apply in the agricultural zone districts. (5) The volume of deliveries or truck traffic is not in excess of two (2) per day on a weekly average, excluding regular postal service and trips referenced in subparagraph (2) herein. Semitractor-trailer use for deliveries is not permitted. This restriction shall not apply in the agricultural zone districts. (6) The activity is conducted wholly within a main building or accessory building. (7) The activity uses no equipment or processes that create noise, vibration, glare, fumes, smoke, dust, odors, or electrical interference, including interference with radio or television reception, detectable by any neighbors. (6) The activity does not generate any solid waste or sewer discharge, in volume or type, which is not normally associated with residential use in the neighborhood. (9) (10) The activity does not involve an illegal activity. The activity does not require the receipt, storage, or shipping of any hazardous materials in quantities exceeding those allowable in the current city fire code. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30-406. - Temporary uses. Page 100 of 129 (a) (b) 1-20-11 Purpose. This section is designed to provide for certain land uses and structures which are needed, or are in place, for only short periods of time. These uses are permitted in all zoning districts because they are useful or necessary, and because they do not permanently impact surrounding property. Temporary uses allowed. The following temporary uses of land are permitted in any zoning district, subject to the specific regulations and time limits which follow, and subject to the other applicable regulations of the district in which the use is to occur. (1) Contractors office, equipment trailers and sheds (containing no sleeping or cooking accommodations) accessory to a construction project are permitted only during the duration of such project and they shall be located on the same property as the construction project. All such temporary structures shall be removed upon occupancy of the completed construction, or upon completion or abandonment of the construction work, whichever occurs first. (2) (3) (4) (5) Real estate office (containing no sleeping or cooking accommodations, unless located in a model dwelling unit) incidental to a new housing or other development, provided such office may continue only until the sale or lease of all dwelling units or nonresidential space in the development is completed. Retail sales, such as bazaars, craft sales, fireworks and Christmas tree sales, provided that such activities do not exceed a total of thirty (30) days within a twelve-month period. Garage or yard sales, provided that no more than four (4) garage or yard sales per calendar year shall be allowed, and provided that each garage or yard sale shall not exceed a period of three (3) consecutive days. Street festivals, subject to the following restrictions: a. b. C. d. (Ord. No. 4109, art. 2, 3.1-10) When a residential district adjoins the street where the festival is to be held, only one (1) festival shall be allowed in any twelve (12) consecutive month period. No such festival shall exceed a period of three (3) consecutive days, exclusive of a reasonable period to prepare the street prior to the event and to restore the street after the event is finished. Activities related to the event shall be limited to a daily period extending from 7:00 a.m. to 11:00 P.M. All lighting, activities, noise or increased traffic associated with the festival shall not unreasonably disturb surrounding residential properties. The festival shall not litter or create a nuisance to adjacent or nearby properties, or violate any other provision of the City Code. Sec. 30-407. - Nonconforming uses. (a) Purpose. The purpose of this section is to recognize the legitimate interests of those who have lawfully established structures or uses, which are caused to be nonconforming by the adoption of this chapter, by permitting such nonconformities to be continued. However, nonconformities may adversely affect the orderly development, maintenance, use, and taxable value of other properties in their vicinity - properties that are in compliance with these zoning regulations. Therefore, it is necessary to subject nonconforming uses to restrictions that are designed to prevent the expansion or extension of such uses, and to enhance the probability that such uses will eventually be converted into conforming uses. Page 101 of 129 (b) 1-20-11 Standards for nonconforming uses. (1) Any structure or use made nonconforming by the adoption or subsequent amendment of this Code shall be allowed to continue without interruption or alteration subject to the provisions of this article. (2) (3) (4) No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except for ordinary maintenance, unless required to do so by law. When a structure, the use of which does not conform to the provisions of this chapter, is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than eighty (80) percent of its fair market value, it may only be restored upon the issuance of a permit by the board of adjustment. Such restoration must be at least equal to the condition of the structure immediately before the damage occurred. Whenever a nonconforming use is superseded by a permitted use, the nonconforming use shall not be resumed. (5) Any nonconforming use which is discontinued, or its normal operation stopped, for a period of two hundred seventy-four (274) consecutive days shall not be resumed, but the use of the property shall thereafter conform to the uses permitted in the district in which it is located. (Ord. No. 4109, art. 2,3-1-10) Sec. 30-408. - Home day cares. (a) Standards. (1) The home day care facility shall comply with the state regulations for home day cares and be properly licensed. (2) The home day care facility shall be located in the dwelling used by the operator as his or her private residence. (3) (4) One (1) registered nonresident adult assistant may be on call for emergencies when required by the Missouri Division of Family Services for licensing purposes. The operator of the home day care shall obtain a certificate of occupancy from the city, provided that all applicable health and safety regulations are complied with. Such certificate of occupancy shall be renewed yearly and prominently displayed on the premises. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30-409. - Excursion or floating gambling facilities. (a) Standards. (1) Accessory uses associated with an excursion gambling boat or floating gambling facility shall include the following: Page 102 of 129 (b) (c) (d) 1-20-11 Boat support facilities; Docking or mooring facilities; Employee support facilities; Ground transportation facilities; Passenger ticketing and reception facilities; Parking facilities; Security facilities; or Signs, including those attached to a building or other structure, a boat or floating facility, or otherwise placed on the premises constituting an excursion gambling boat or floating facility site. Off-street parking. Off-street parking and loading facilities shall be provided as specified in section 25-202, except that the requirements for off-street parking for an excursion gambling boat or floating facility and its accessory uses shall be one and one-half (1 Y) spaces for every two (2) passengers, based on maximum occupancy, plus one (1) space per employee on the maximum shift. In addition, full-size bus parking spaces shall be provided as required by the planning and zoning commission and city council. Site development plan. The developer shall submit a formal site plan for review, which includes, but is not necessarily limited to, the following: (1) Maps and other graphics indicating the boundaries of the development and all properties to be included, indicating whether such properties are owned, leased, optioned, or proposed for such. (2) (3) (4) The locations and general sizes of all buildings, structures, parking lots and other facilities comprising the development, including data on size, facilities, and occupancy limits of the planned excursion gambling boat or floating facility, and accessory uses. Evidence that the development contains sufficient land to provide for any necessary or proposed land -side development and support facilities, including parking, and the development includes sufficient river frontage to accommodate the location and operation of the planned excursion gambling boat or floating facility. An impact analysis including, but not limited to, expected access routes, traffic volumes, peak hours of operation, needed road or street improvements and traffic controls necessary to accommodate the proposed uses and traffic volumes, and plans for on-site security and disaster response. All buildings and permanently moored structures shall comply with applicable standards of the city's building codes. Further, no occupancy permit for any accessory use set forth in this section shall be issued prior to the issuance of occupancy permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discretion approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-based structures are not completed. (Ord. No. 4109, art. 2, 3.1.10) ' Sec. 30-410. - Alternative energy systems. Page 103 of 129 (a) (b) 1-20-11 Solar energy systems and solar and earth -sheltered structures. Solar energy systems and solar and earth - sheltered structures shall be a permitted use in all districts, provided the system is in compliance with minimum lot requirements, is located on a structure or in rear or side yards, and is maintained in good repair as an integral part of the structure. Wind energy conversion systems (WECS). Wind energy conversation systems require a special use permit in all districts. Each application for a special use permit (SUP) shall be accompanied by a dimensional representation of the tower, including the conversion system, base, footings and an accurate plan containing the following: (1) Property lines; (2) Proposed location of tower on site; (3) (4) (5) Location of all existing structures on side and on adjoining properties; All above and below ground utilities; and All adjacent utility easements. (c) Height for wind energy conversion systems. The total height of the tower (including any portion of the rotor or axis extending above the tower) shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line, whichever is closer. (d) Wind energy conversion system access. Climbing access to the wind energy conversion system tower shall be limited either by means of a fence six (6) feet high around the base with a locking portal, or by limiting the tower climbing apparatus to not lower than twelve (12) feet above the ground. (Ord. No. 4109, art. 2,3-1-10) Sec. 30-411. - In-home elderly care. In-home elderly care is designed to allow for elderly or handicapped persons to reside in and be cared for by the residents of a dwelling unit. (a) Standards. (1) Each elderly or handicapped person shall have a separate bedroom in the dwelling unit and have convenient access to a bathroom. (2) No separate cooking facilities shall be provided in the dwelling unit for the elderly or handicapped persons. (Ord. No. 4109, art. 2,3-1-10) Sec. 30-412. - Guest houses. (a) Page 104 of 129 (b) 1-20-11 Purpose. It is the purpose of these regulations to establish specific standards for guest houses. The intent is to preserve the integrity of the existing residential areas while allowing residents the opportunity to establish guest houses on properties that can accommodate this use. Standards. (1) A guest house shall be used only by the occupants of the principal dwelling, their nonpaying guests or domestic employees. The guest house shall not be rented, and a deed restriction specifying this requirement shall be recorded by the property owner prior to occupancy of the structure. (2) A guest house may be permitted only on properties which contain an existing owner -occupied single-family detached dwelling unit. Only one (1) guest house may be permitted per lot. Guest houses shall be located in the rear yard of the property, meet all setback requirements of the zoning district, and shall not extend into the required front or side yards. The floor area of a guest house shall not exceed five hundred (500) square feet. The guest house shall be designed and constructed with materials that are comparable to and compatible with the primary dwelling unit. The driveway serving the primary dwelling unit shall also serve the guest house. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30-413. - Height and area exceptions and modifications. (a) Generally. The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter. (b) (c) Height. The height regulations heretofore established shall be adjusted in the following cases: (1) Schools, public buildings and institutions may be erected to any height in any district in which they are permitted, provided front and rear yards are increased in depth and side yards are increased in width two (2) feet for each foot of height that the building exceeds the height regulations of the district in which it is located. (2) (3) The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, provided the height of these structures does not violate any ordinance of the city. The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located. General area exceptions and modifications. The area regulations heretofore established shall be adjusted in the following cases: (1) Page 105 of 129 (d) (2) (3) (4) 1-20-11 Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, cornices, and ornamental features not to exceed twelve (12) inches. Open or lattice -enclosed fire escapes, required by law, projecting into a yard not to exceed three and one-half (3Yz) feel and the ordinary projection of chimneys and pilasters shall be permitted by the city engineer when placed so as not to obstruct light and ventilation. Terraces, uncovered porches and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line. Where a lot or tract is used for educational, institutional, motel, hotel, commercial, or industrial purposes, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located. Front yards. The front yards heretofore established shall be adjusted in the following cases: (1) Where forty (40) percent or more of the frontage on the same side of a street between two (2) intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings, except in the M-1 and M-2 districts. (2) Where forty (40) percent or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that do not have a front yard as described above, then: a. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side, or Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent buildings, or Where a building is to be erected on a parcel of land that is more than one hundred (100) feet from any building on either side, a front yard having a depth of not less than twenty- five (25) feet shall be provided. Interior lots abutting on two (2) streets shall provide the required front yard on both streets. On corner lots, a front yard shall be provided on each street except on lots of record. An unenclosed balcony or unenclosed porch may project into a front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet. Vehicle fueling station pumps, pump islands and canopies may be located within a required yard provided they are not less than fifteen (15) feet distant from any street line and not less than fifty (50) feet distant from any R district. In any R district, no fence, structure, or planting shall be maintained within thirty (30) feet of any street intersection. Side yards. The side yards heretofore established shall be adjusted in the following cases: Page 106 of 129 (0 (g) (1) (2) (3) (4) (5) 1-20-11 Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five (5) feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court. For the purpose of the side yard regulations, a two-family, or a multifamily dwelling shall be considered as one (1) building occupying one (1) lot. Whenever a lot of record at the time of the passage of this chapter has a width of less than fifty (50) feet, the side yard on each side of a building may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instance shall it be less than four (4) feet. On corner lots of record, there shall be a side yard adjacent to the side street of not less than ten (10) feet. A porte cochere, carport or canopy may project into a required side yard, provided every part of such porte cochere, carport or canopy is unenclosed except for necessary structural supports and not less than five (5) feet from any side lot line. Rear yards. The rear yards heretofore established shall be adjusted in the following cases: Where a lot abuts upon an alley, one-half ('/2) the alley width may be considered as part of the required rear yard. Lot perfamily. Where a lot of record at the time of the effective date of this chapter or a lot in a subdivision which the city council has officially approved and agreed to accept at the time of the effective date of this chapter has less area or width than herein required in the district in which it is located, such lot may nonetheless be used for a one -family dwelling or for any other nondwelling use permitted in the district which it is located. (Ord. No. 4109, art. 2, 3-1-10) ARTC G-.o�� 5— OT HE R,ocr-r��o�;�,�,i nriON& SeG-30-&04.�ee 526-38-582--81U4odid6. :N?6-30-592--�6PJ152A0: SC6-39-584-FEP6BS Se arking-and lead+ng-Fequ+re ents (a) in all d strict- except the C z_ __RtFal bUGJR-SG a���..,.r ��,e.e �r.al r,e .,...videa at the time , build .. structure este,-Gt a str - tag spaces Page 107 of 129 I:7 191 w 14/I f'^ CC` 04) 04) (4-7) 09) M) 1-20-11 Page 108 of 129 (2D) t244 (22) R3) t24) (25) t26l (27) t2�3 R134 1-20-11 d oFsim rking-space-tor eaeh- six -(6j-Bbeds, _._ ;._ __..; , __, . ... :. •: :..- -_...., +rratsr�xn�serrrrar.'nm Theater n A ditAr ... /exA ..ne fo. e_ n4. five /C\ seats ... beR b .1 n "�Pnwz. spaces-sheWd-he-designed-in-se h a mqnnpr sp @q not tO GaUSe-shiWen - liner e€#atf s. ngSpasesrequired, fh m TIQO�a" shag-mean-fhe-Aeer-spase-within-tpe-oUtsid.. linA of ...nn and nd 4e 4he total -et de -porch a-basement-er-oellar-when such -ba is -Used fn..terage OF inG denta wa m m tW1 m 0 s4e6u4-4he ark[R �egUifed ^'1� whole Tile-parki�Et d-herein-�..n��n'ihe same as Mqui.eap, Af n .nii.., n.n ,fefiefermined-y . Wn....ene, , F A b i ding or use Gonst,uo..' d eF ogfabl,Rhea gffe, the ea,.._.fiv"ate-of thtS chapter -is spar ^'' or nl...nna iR f,n... area -n ^b^, of emnl,.,,ee .. /1 fl\ PR..f ..MOFRn thenumber of existing in the G268 a�equal thn�ns ,he req ' McRts-of-the-varieUSUses�,..�, '�.o�'' ^eparatelr Page 109 of 129 1-20-11 All paFki;ig-spaGes-requirp 1 hn.e�eh Alll.All be-IGGate4444ho-&ame lot ..::h the building -F use --- -...i with th j following excepfinns, operatedwin4,laewe ,',-„a.-..,�, •:,teaagreemeM 'I,ereteto4rproperl ,....Gined and fled asSpeGified-Below. MUM 1v/ pe;mi#ed-m_Fegyked-frGRtjard 'n o. R 1dR ' d RtFiGts, or_gny-ot .�'! fp.. _g.d_atia�, heFe4eside aad-deeSRot-intecfeFe- with -adjoining &pa"^, "gin'' �"'�- ^, hhpil ,h^.,.a ^L.�II V.� I'...':n.V 1 1t in width h ant. (20) fee::n ^Fl-all-weafker-sa�fao�., ,. �a{18�ea ..., �_�, . length, ll-be{snnpntpd to the dryQf- l previde�pis-ehapteO, off street lead ng spaGe ^ ^s<,ord eats Office-baildiags-aad-petels: a, (2-) 13: b. Page 110 of 129 EFl Eai 1"" (5) 1-20-11 so- a: f .•. x-_ -x •_ ,, x , f x• x--• T,rirtR-tIT�RLT.C�L•t�L41�_ - 'W" 01 •.x xa a.a No build ng or part thereof in the C 1 or r o digtf ^4^ h^refefe._ _. eeled, whlGh is used-foFBny-ofthe rp` pos ems-e:{'ed above, shall he waft.. L....... ..isioasPf this -sectiea- Ale-buildfag-or-paFt thereofin o--n,e r a M 1 and P1 2 distFiGtg hprptofore Prented, wh eh is used to ❑..r ^Irvr�persons iRg$orrtheao ""i_r c Rtp College or other e -__r far-y:re-w4G opera ff-skee par ^ w - -- -- r- ewR , epeF2teS and pGssesses a meter •^hiele. Al saskperseas-shall-ayearto-the-sily-clerk f..r a I v'^ ......::!:..'-h Fpl-,P...Ie the .. mhp.r er .r sf clen h � UGh-a6aM whe-poho4oRe{1-)-er--mere-off-sF shall Gost one dGlIaF ($!.C)g) per year o th..d addres�rn ber-of.. students or persons whe rent rnnmq ire4orn the -applican ^.,h^ h^ ^ehiGle^ ^r' h&-Ff ,mber-ef eff- treet r.-.*iR CC .awl'^ aha s.,�,,. ,........, ep,.sesprewded-ter--susFi-gersoR^. eaGh-yeaFte August- who -house at least two (2) st dpnt6-attend ng pe and �...r,a.es ofth 44 IiGeRse—shalt-fun fforn epternbeF first Of 8Gh year to August 31 of f=-- next Ill.a,- Although this-subsp ti9FF£73i-be69m e-efe6f14e-Eer• (10) days vrteF itSpSGage-aR , Re -ie tempta iG-shall be requ ed to ebtaiR A I^ a&-544�p�,..re:.^. _....! �..r..,...!`..: aoa4 �'4.e_`_' ^_. __.._ ... . _.. _. __ .^ .4.e -Elly -zona o n shall be given ^4'i September4F{i-Fii2-�f6Vi5i6R$-hereii bklf -•� ••fes.+-mv'�f •• ply with the p a heroin en-er-befefeSeptembera-1868, Allpersons-Wlio4ail4o- ornply-with-F fine -not -fe-exceed-tday-of-each-day-of RORGOMPIGnGe-Of4he termsof thg quhrpGtion. 3,-4-21-97-,,Ord-NOr3457-a^ f3,2-22-0 nrd: No -4309, -art. 3, a-4-1 B) Gressretererwe--Raomsto-lease,-let,-hire-0rte»t,-§a-6-3S&et-seq.=stepping, sianding-an6parki:g,-§46-246 el seµ Se&-39-592:---BF11boards. @itlbeards ^hv!! be ereGFed-9Rly-d¢6m -ova ..rota �peo:al=.� f eF .. ^ �n it et 4 � eG#G94&4, .,peGia4,se regulaNeRs. addition4e-the-regwamentsefseGtieR-398 39,ilations apply to the erestien-ef-§illboafds: Page 111 of 129 (a) N Al on 1-20-11 _ :: _ • . : : : : • : • : _ _ ; lET.T�1Tl_RHT'{7:t� a a • a • • Na billbeaFd shall he plaGed within For -purposes-Albeard-er-a-baek-te-ba GORsider2d Ds plaGed betNeeR billhAaFd faGes atthe apex of thp "If" nFSGFGSS thp rear efthe"V," but no such—i—, shall he nripntpd t-�� shalt-Ie-erte. ted -s. ha: R.e„ a 4.eh.. eefi-._veal i C nc) .J.,..Fees and .....eh, R90deg --- to ae permitted. Ne-billbeaFd-sbal aaler deviee; or ObsKasFA drivers-view-ef-appreaGhiRQ er-inFersesEien tFaffin €i4bGard&4nay-be44urAiRated-6ubjeGt te- the -fellowiag4&&t GtieR--.� V.9 (3) permitted . prov a ati r 4,:.. a'.n..�e,r �,.R f.....�f -thy .-o.-,po4,,��.e lbeaf4and-is-effestive}y-ebie{ded se -rite -pry 4 �,emm� oF rays of light #em beiRg directed intG aRy peFtion of the 6treet. ti'Gh 16 used fe.. e'.Ieni'_ � � k �n.l OF indiFAAt'n .Vne'nn In esldentia districts. Page 112 of 129 ivy 1-20-11 Bigbowdsthat-employ any stereeptiGen or motion picture displays, but . s ROt RG a, S e,at_eo i a end .a.. temperatur e. Billboardsvg4Gh-appeake-attempt to regulate, 04 diF which- e assign-signaler-devise- Billboard.,-. hiGhaFe-AonsenfeFmiRS-aad-da Fees ed 4.. ,.. egt � dy (60) ent oast ISec-:-30-503—Sign usage. (a) Rump. s otibis-sestieaNs-t etee.-the safet and Grc eriiiiiiiy-develepment of the GOMtaunity through the eq W4G ^F : &—and -sign (b) BefiRitio Rd -terms shall •^. the puFposes of this seGF^^ l^ 4he-meanings-shown herein- (4) (M lei (5) me,Aends beyond the -face -of AR-wapner-wall eta -build' de GigRS a&4efined-heFein. Page 113 of 129 TRW Lug E141 Et�1 Pel hili 1-20-11 Canopy sign. A Sign e-tbeA4sible-sedase(s�sided-oveFhead StFUGtUF6 G arshiteetura y-seluraas-but -not -eriste^^�'�.aAT ns of manual, e!eGtFiGal "4enaete-4Rput- Copy. hese lettere ,...._._le fKjufersymbols, and .. . hiG elements .. v N.e nn m Gr message oEas l identifying only. 9evelepent GompleK sign. A freest demify ng multiple GGGWpaAGy develop aereraandlerd- approved --in-acearda G4NSrharyter. 8/FeGbGaak&Kjn-,ARy-s4gR-eh.• v-and2reGted-t6�FpeGe-of providing-&eGtiOR andleF erieRtation4er pedestrian -OFVehiGulaFtf2ffi6: Beable-lased-sign. A-sign-M4-twe{2}iases, Gk to back. Facade : -See ^B— ,.ding levat gn-prir supported -by-a-build ng, inolu alased-in-eFupGi; the ground. rties-thatit rm-.aGeS- grentage4prGpe hn Th f -the- erty 1 nernt of way -GF 6theF prepertipq on .,h .,h 4t L.nr.Jer.,. Garage usuafly heldseh sale� d ate•, of the sete home in -1. in -the garage, driveway ...,lln Page 114 of 129 (23) (24) (28) (28) (30) E344 (32) (33) P4) (c) 1-20-11 8tt-si wstare-wpist�provid Rares d.�^Ea! ,,.,, s Gan venienfl , and safely. c Ghshall e limited ' , Runes hei hf and laG �d not & eatified-in subsesNea-(f (9)b, 8F/tdBOFaF/YarfIS7Rsign. e permanent s gR n eGtedl ... 'nfn'n^ s for the purpose of the d splay of messagpnet appurtenant to the use of, prodwGts sold an, or the sale-er-lease Gf, the propeFty an wt,'..1,e,,:_,s• displayed-. P-o''"'�'"-&s"-"Rrs g Y-affixed-te-a-buildiag-G4 s- g 6fros.a` ^n that is permanently ernbedded4q44^ group to�cmporv� R-a-wa4-sign-t4at4s-attaGhedl to OF PFgjeGtS more than eighteen (18) inohesfroa-abu' rawhose-prirnary purpese-is-ether than the suppert-oi-a-sign, Rea! -estate -sign -P temperaFy s gn .,,,, n.l'n'nn ,I,n ..In Inz;se-oF-renta{-ef-Ehe-Pceperty-er-preaaises upon-whioh-it-is-located- R�qef rno_ ThTl,n top -edge of a peaked reef n n Il,n of .. nxteaded-facade-er-parapet,4he uppermost -point- . Roof sign. sign _m�,te''�,n, and-su�Ehn of nnrt on of a b 'Id n abe a the uppersest-edge Gf a parapet wall-of-a-buildiagand-whish s wholly or paFtially suppoi4ed by SUGh-a h 'Id'n c'n Mnd 4nansard-facades; pen t n ., and .,.h'fn,.f .,I n eGt a Gh a saRpias-er-marquees-s . Sign. Any d8"se-visib,--le .. _..- - p---- p---- --- -.splays a theF ^n...merciat-or-aonsommersial messages by means of-.. n ..nh'o nreseatatio efalpha OlC)nGOMFneFG @1 flags, GF gs-oi'-nenpr©fit GFqan zations, er , flags displayed from flagpeles will he-neF-be-oensidered-ta be 6 gns. Sqn area. Theareaof the sign faGn�. The of .. • d'rl��c,.l nF��V�•�n^d1 cin �1.-.�h^ f�h�n ,.f Ihn 1 In f -on_ nl •The area of sphere shall be G ted as the aY,r_a ef a G FGle. #eareaafall o o. No nand signs shall be n Ind as fifty (50) n n1 of 1hn d�tiH4.^H.n ar_a -Gfia ries-o� gainst-efithrough-wh oh the oGOP�'n d splayed ar illustrated, of tectura4eatures . W94 OF faSGia sign, A. Sign that isin-any-manneraffix.,da ;oan� exte a . Page 115 of 129 1-20-11 mal sign 4pe& cip types and tha-6BRlF3ytyij9 f-6ign area shall be a6 dept ed in PiquFe6 1 through 2.i Page 116 of 129 Figure 1 - General Sign Types A Iramll Sign A -Frame Sign Development Complex Sign Pole Signs Free standing sign (Pole Style) M114111111 Wall Sign Awning Sign Electronic, Video or Digital Message Sign Portable Sign Portable Sign Page 117 of 129 1-20-11 Canopy Sign Sign Free standing sign (Monument Style) Projecting Sign 1-20-11 Figure 2 - Height and area computation methodology Width or ♦--...--Width Odd L Shape Z •-------- --- - - - � Measurement taken from •-------------------------- ----- + US r • Width — Width i+--------------------------• �' ' Shape � Odd Shape Page 118 of 129 Sign Area Measurement = ' .SZC�t2 i Width x Height _' y d� 3 ' onume nt d _ ESig^ m Measurement taken from •-------------------------- ----- + US r • Width — Width i+--------------------------• �' ' Shape � Odd Shape Page 118 of 129 (44 tNs rily- Mull [c1 1W 1.9 (9) m 1-20-11 Page 119 of 129 (e) 0 1-20-11 the following limitatlow. a: 0• I'M (2) M, () sepaFate RenresideRtial build ng ;R a Fesidential zone may display wall SIOAS OR eaGh 6treet Unnt Page 120 of 129 1-20-11 (2) !`!4! - !�lllll�l!1-!llli!!!!h: - - - - II!!1!R\ . - • - np ..n4, nbnnl f.nn1 r Llnnl In the I'... Y'n eb.n.In.An ..n. Vn.H. inTAo�cT�hln 0O b. m Page 121 of 129 1-20-11 (5) (73 Gh Gha width -of the -sidewalk, Reef signs. SUGh signs shall not P.)dpnri above the Fonfi"�L a SUGh s gns aFe limited to eight (8) squaFe feet peF sign faG9 with not Fnare than two (2) sir faces - b: C. d. Page 122 of 129 101 0 1-20-11 Such-sigesmay-be-p{a G adve ide-spase44-the-sidewalk for pedestrians to SuGh s qRs shall be removed from B-side & at -the clew oi-eash business day aadleF-wheeever tk ^'oP� buell SIgRS shall be SeGUred in a fashion to prevent thern--from blowing over or failing ever; �igas teFdevelepmenl-sernplexes, a: 44a&tep,&i�tan nequireel. All landlord or single owner GOntrolled multiple OGGwPaRG developments an pamets-&xseedinq-three43�-aeFeq in Fii7p. _. -is&uanee-ef-neNF61gV}permit'*^ti; The master sign plan, . ..._ _. a master sign plan prior t9 approved-"e-6ede-Offi6ia , Itestablrss gt^ndpFdg _ And or Leri^ for al in the sempleX that ddfes^..-tea-^ ''nimum,-the-fellew iF hype-of�tluminatioFr +vw v: Size - Quantity. tlnlfemFSEandards-ioF-nenbusines.,�,ynad:;.9 difesEionaF-and infefma4iena I -signs - Letter of approval from-IaRct-ownef �„bmitted-with-WFPA applicatien, thin-a-mukipie -essupansy development Gornplex shall eF sign plan. Amendments--Anyamendme. rs to a Fna&te. ��:preved-by-the-code efficia IoPme DiroGtional sign&. a-. b: F . There -sha4-be44G- x44o-4he ^ .�,o.nb�„--o... ,.' ..f intefior--ton- 'At —Fhe-rnammunraFea-foFaa ireGt enal sign v sible from adjaGeRt property -er f -w0 tivi r.e ia� Uafe-fees nidi ... a t�.�� h.. e..�„ r.., i�t� F6ei1i-of-ihB rVghiS'e T�^�^*'�c�.nt „� .. ���.i r� area ofnay-diFectienal-sigF�sha4l-be-permitt oh^ devoted to b,..,...ess :dent satw'af loge: g/t-pFemises-sig,. ^� '' •_^` ^,ythe-putt 'hies -shall tifie^'�the Fn . tet t,�,-tero .'th the ., bk streets lead ng to the b _sSBF-fa6ilibJ,-E\t1-9. � erre.,. ,,,,., ..,..... .. r""'' ..� . __ ___... diFect*na� .^-=-.`'a44be-subject4e44e4e4ewing-4FR4ations Page 123 of 129 40) 1-20-11 mss' ie sign shall Gantaqn the name of the 6ility, dist2R6e,-I6% A -sig . f f . .. _ f _ . -_ . aR11pY�rtrt�I4l�li _ . >rSiTT{i. • _ f . _ . f am�:�p�nsr-r. ra.� f•f' ... .- - f ... _ .. . total_allowabie-signage-ier-fhe-lot_on-wl}ich it is I nAtpd Feraperaq�-srgrns. a 6ommersiiNmnpers. Businesses-losated-in-a-senvaercia �ersgn per --b ... v i,_hmti..1�nmm guidelines 1: Masi-be-leeate'�h--_�..^�=e<nises; A4usi-tie-int-goad-regain-and-well-ruaintafned; Mu&t-4 bleak-gudks-aOs ,arid Page 124 of 129 r ri n- 67 67 1-20-11 Real-estate-si shall be removed opal .e.. n h: T�{teFexeeutisn irvlease agfen�ment �n�.c,. thehe vM.t-�,fvic.. et-�se Real esta to Gh is -for -sale hell be allowed but only an pnivateproperwith the permissionof the prepe A. owner. lf-addAiar�,-to-the-reaFestate-sgn- banner or hypo sign may also h fisted-on-the-prepe44e- ady e..,sPAtn open house for that r deRtial let This open hGUne ' brplaned-Pn snnner_thRforty t (48) houF hetaFe4�e th epeFrhof se -a ,a-., mit-�yI.p Fefftnved net later _than -the _ end_ et_ the_ day on . h nh •henpeft-h., ^ h '' In ne-event, however -,shall GUGh sign be -poste, f� er-mofe tt;an-three fz ; oORseGU ve-days- 9evelopmentand-nen true . ng-sonstfuntio+}tn *form the pub! c of the-developer.-nontfantef„7afeh4eGt& arty the npr..on.. finasi �f .th �.fojent-or-aniisigated sempetion dates s , bjenfto the to oW C gh n gns on a single resident al let eh�hp ilii person or firm involved in the t -greater t4an three (3) feet -in height an ton n ni n e f �Nn area 3 4 5 C gh n gRS nhnll he I'. 4nd Ie A% /4\ ciy.f-tor-va6tPeFGGn OF firm -li -involvedthe development, a t a .ah entrpnne to-tthha-ddeeyelopment-of-on-s� built at nhgll hen e_1e '� sgt+afe-feet-in-area, SuGh 6i@Rg for n gidential dent aWistfl6t&.,hm-be-4imited4G-94e-F'y Ived-in-the-develepme#-and-shalt-be-ae-gfeater than three (3yfeett �nd-ten- 1 re -feet in SUGh signs for GernMerGi@' or n factuF ngpfojests-sha44)e44Tn ted -to -one -(4) nigh fa;-eanh-pefSon or firm n,ol,ed ,n the development per street frent not to :' f1 n� and he ght nd thirty two /39\ e e 's feettetnl e e fnr rre egtn OR parGels five (G) aGres OF Ie �md-not-te-exoead-ten (49 y he ght and s )d four (an) s ara-feet-iff-tota4area-tor-pfojeot6-on parcels large than five (5) aGFeS. permit np Ghever- s eadier. Spesia!-premotioft Rca eveffts.4p,additiofr.to-et -shalll-be�rt tempoventsi4tan t te41rie4e4awing-timitatinns 47 SM- 9rV-premises-9ne4)-on- shalt-be-peffnitted-per.street front f the nonprefit eFganizaUen spensofir#g-that event. c .ah s gns shall not GGRtAFRersiat adver#ising-be-anifnat d or flash rig- nd-n,V ..hell note m_,V three f�� foe height d a total �_ _ _ egte44KA ... a -chaff -thin (30) da OF to the event and shell hg rquare feet. SuGh signs shall be emoved-not -more-fhan-ene4)4a, „war thn e.,..nt. Page 125 of 129 0 ii: 1-20-11 Off -pram'^. ^ r� e pFornoting a speGiala ^t fG signs-shallnotbe animated, Rine. ,...� .. .. not b .J C h nn Ghal; be ene. tRCJ not . �;y.... .,.. .. rte .......... .... ..:y.._ _ _.__.__ .._. more than thirty (39) days pFioF to the eveRt ARd qhRII hP F moved no more -tha: nom" a^-,z,w^�.�ghe a ent- Garago-sale sus k 9N_prom ises-sig '� '� '� ^ ��' •, •.�'n �' allowed, bat -o, day t k a he .,a a _nd being remGved-by-the-epdhe of thedayof the sale. ;z Off pFemises diFeGtigRal signs haltbe-allow see _o t-o^l-;a-p4vate-p<eporty_w4h_the-po sasbut -signs-&hall iaslude-theaddfess ird 4ete .,f -the- R1se4, and-aFG SUb}aGPG �..-.he—w,".•me� me4e&trio�premise6-Ejarage sale Signs. port ns shall shall be pewniEted_only-IR-tlaeaemmeFsia disfrFs,^,sem'^sg. ^•^d ��� r^''^,--bjes6£e-Ehe-%4�wing-JimitalioRS; egid a heigl,t GffA��Rd-149W-Ca-p . 2, 3, Any eleGtF sal-^ i^Rs-shall-cam the !CC; adopted in . 'r G tY. 4 No-portabt., & _s^ 4 e d+splayed-prtoFt . 5: €�Fompt-signs-the-feliew;n�s�=��.all-beexempt-freFn the-pFevisiens-af�is-ehapter OffiG al- not lGosa pub! npubiic- safety -official Directional; wamiRg OFWormatierrs gns authorized-WedeFal slat (4) Memorial oR-signs-and-building"cem ma&Gmy-surf d-a,�,,,.' yralpart 4he building er-struohlFe Page 126 of 129 p 1-20-11 et,eet addFef^^ nd—eef binatio-'7-riarfleplateand street addFe^^ signs that ^ stn n no sa signs Gopy and h' h dn nota ea s .. ;ay ^ ^ feet4i area: Pmhibiteei e'^^e• The following de 'Gas gd I___r'.. -h II b�*propiNte4. (44 cas4o-ebskasEer-otheaiseintederL-With-:.^^ nl� a•^R^ , sigRaksr-•devtse-er-ebskast-er t ira€ffs. lvl (31) lul (5) IM Eby he -code -official -for -special events; signs enswashiRg-upaR or ovecbaRgiRg publiG Fight of way. Pic s gn shall be attaGhed to any utility pole, light standard, pub! G trea 9F any Sig .eh'Gh b! nk fl^she �nimate nq ip any fashionEh3 have the es y-veh;ol.^ Rgsfram-a d stansa s e onFraileF parked -0R peb{iser pfivate-property-except for -Signs meeting a-. b: 6: T4^ -^F maFy purpose of s h n vehiGIR n. trnle. .& Rg4he4spla y of T The-sigRs-are the -silhouette of thF, eh'nleeh'nle� and TheThe, iGhiG4-Gr4...,'leFi&4R-operating-r,aFK4i nd-lisensed-fe-ep�e OR ^ hl'n streets , hee n�acAivety-used-oravaiiable4GPu&e4F-the-daily f ^^f, e. ef�Ress-4e-whisb-sush-sigRs-retate- Veh'elee. and tr..'lere &e4-priRfarily-as-Stail,—disp{aysradven4 &* g-a-pFGduGt Gr- rR,iGe ef-v..nc-,..'ev as storage, til4eF©r�fistribu4ioR-pointe-foF-se+Rtercial-produsEs-or-se,-.;oe^ °�;-e„'h^ genera! -pubes BanneF sigRs-ex ept .^... o!he ...__ _p_G.f'_nlh, allthOF Zed .n tNe -.rete FOrd.-No� JS43�rt._}L,-0-1-X06;-Ord-NC a"'�°, 8-2-1-0.,�^.�. a^. '.�." T9�1&06; BW: Noel-iQ.._•'�v ' }e) Ser. ?0-604:---pe4iees: 40 rr. R{I 1Y1 r^^^es in siae seri rpaF yaFds shh..4-Rot-e,4Ged s x (6) fet,;height-exse,pt fh^f� ity-feRces-iR GOFnF-APFGial and iRdUAtF a' SErilt64Aay$e-FortstFUGted up to eight (8) feet R height to inGlude any h^rhed ,. -ised t^ tern Ihe4eepx;e. G.e..�,^oea„ay-. however -fences or ^ landse^^ed - _.. -..ter-lets-G�ed-within thiFty, }teal f th�'..tersee4l^^ of two (2) street lines— (2-) Gesees I^^.,tea ,.nhie ^ freRt-yard-ShalFbe nFnarnental fp.^..,.... and shall ent e.....,pa thiFt„ (36) inches -R -height At least /�persenpetthe rfa P. Of thP fPRGR ^hall he. Page 127 of 129 (b) 1-20-11 oe• feRce muMkmanAe-n4aRRef- ExGeption&. m rt.. ..I4.Ie1a-o nev�vi'••Lle eh..11 L...,..e...... "..ash fe. nps _..A eiiailnoexeei va twelve (1 2) feetht-With,-ee✓4aces-a .equif.o� ,^P'�eT^.,i� ..--- Dosign-and-FR&Intenan69: m All feneess✓iail be mai ntal��pF ght-senditwF, Missing -boaF s, p16ket-`_ or posts shall be f e •r...t..,...eeFl..lrn� .n.e �...� and quality. enGe&&hall have adequate4GGtiA js-,fDundatieRs or post depth an4s.>e-as4equiredby the ROG National Building -Cede. Rroh4xted-f ,,mag -T -,e fo 4�.,., eRGes are p,erh`ha,.ad Sharp-poiWed sea-,ena^eC a, No-fenGe-&ha4-bEGOR&kN6te4-&Gl^-"f-a3fRgie-N4F., .:es betwee'-pG&t&-.aef rapports - IM Nefnere-than two (2) a dWereRt- pe_ „ir twee (I-sdainaink-eF M' 2MYPe a€ wood)are permitted. WO PeFSOR shall erept oF-�in aRy div siGn feRGe OF SGreen, 1H WhOle OF n part Af Oath, canvas er-eth Iiks .n ateF ar. aFposes- 5sR>Euaf/er-arcs (44 At __Ah time aq A Int w h ^h' _.. ^-..-_'Foia�t4al-ie-de l3QtweeR-tfVa-6OrnFRaF$Ia�6FiF1dU&t ..I�;a�and�� �-= =�c t Th y .1 � �4.�11 h� Page 128 of 129 1-20-11 Page 129 of 129 BILL NO. 11-26 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ZONING Article 1. The Table of Contents for Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, reading as follows: Chapter 30 - ZONING TABLE OF CONTENTS ARTICLE 1. General Provisions Section 30-101. Authority. Section 30-102. Title. Section 30-103. Purpose. Section 30-104. Interpretation. Section 30-105. Definitions. ARTICLE 2. Administration, Enforcement and Review Section 30-201. Administration. Section 30-202. Planning and Zoning Commission. Section 30-203. Historic Preservation Commission. Section 30-204. Board of Adjustment; Created; Composition, Term, Removal of Members; Rules, Quorums, Officers, Meetings, Records; Appeals; Powers. Section 30-205. Enforcement. Section 30-206. Amendments. ARTICLE 3. District Regulations. Section 30-300. General. Section 30-310. AG, Agricultural District. Section 30-311. AG -1, Exclusive Agricultural District. Section 30-320. Residential Districts. 1 Section 30-321. RE, Rural Estate Residential Section 30-402. District. Section 30-322. R-1, Single Family Suburban Section 30-404. Residential District. Section 30-323. R-2, Single Family Urban Section 30-405. Residential District. Section 30-324. R-3, High Density Single -Family Residential District. Section 30-325. R-4, Medium Density Multi -family Residential District. Section 30-326. R-5, High Density Multi -family Residential District. Section 30-327. RUMD, Residential Urban Mixed Density District. Section 30-328. RMH, Residential Manufactured Home District. Section 30-330. Commercial and Manufacturing/ Industrial Districts. Section 30-331. NC, Neighborhood Commercial District. Section 30-332. CBD, Central Business District. Section 30-333. C-1, General Commercial District. Section 30-334. C-2, Highway Commercial District. Section 30-335. M-1, Light Manufacturing/ Industrial District. Section 30-336. M-2, Heavy Manufacturing/ Industrial District. Section 30-340. Other Districts. Section 30-341. PD, Planned Development District. Section 30-342. A-1, Airport District. Section 30-350. Overlay Districts. Section 30-351. NCON,Neighborhood Conservation Overlay District. Section 30-352. H, Historic Overlay District. Section 30-353. CX, Adult Entertainment Overlay District. Section 30-354. IO, Increased Occupancy Overlay District. Article 4. Supplemental District Regulations. Section 30-401. Special Use Permit. Section 30-402. Reserved. Section 30-403. Accessory Structures and Uses. Section 30-404. Telecommunication towers; standards. Section 30-405. Home Occupations. 2 Section 30-406. Temporary Uses. Section 30-407. Nonconforming Uses. Section 30-408. Home Daycares. Section 30-409. Excursion or Floating Gambling Section 30-105. Facilities. Section 30-410. Alternative Energy Systems. Section 30-411. In Home Elderly Care. Section 30-412. Guest Houses. Section 30-413. Height and Area Exceptions and Modifications. Article 5. Other Regulations. Section 30-501. Off-street Parking and Loading Requirements. Section 30-502. Billboards. Section 30-503. Sign Usage. Section 30-504. Fences. w: - sty zs herepy; repeaYe°dn ;i=ts entirety„ and a new Table of Contents for Chapter 30 is hereby enacted in lieu thereof, in words and figures, to read as follows: Chapter 30 - ZONING TABLE OF CONTENTS ARTICLE 1. General Provisions Section 30-101. Authority. Section 30-102. Title. Section 30-103. Purpose. Section 30-104. Interpretation. Section 30-105. Definitions. ARTICLE 2. Administration, Enforcement and Review Section 30-201. Administration. Section 30-202. Planning and Zoning Commission. Section 30-203. Historic Preservation Commission. Section 30-204. Board of Adjustment; Created; Composition, Term, Removal of Members; Rules, Quorums, Officers, Meetings, Records; Appeals; Powers. Section 30-205. Enforcement. 3 Section 30-206. Amendments. ARTICLE 3. District Regulations. Section 30-300. General. Section 30-310. AG, Agricultural District. Section 30-311. AG -1, Exclusive Agricultural District. Section 30-320. Residential Districts. Section 30-321. RE, Rural Estate Residential District. Section 30-322. R-1, Single Family Suburban Residential District. Section 30-323. R-2, Single Family Urban Residential District. Section 30-324. R-3, High Density Single -Family Residential District. Section 30-325. R-4, Medium Density Multi -family Residential District. Section 30-326. R-5, High Density Multi -family Residential District. Section 30-327. RUMD, Residential Urban Mixed Density District. Section 30-328. RMH, Residential Manufactured Home District. Section 30-330. Commercial and Manufacturing/ Industrial Districts. Section 30-331. NC, Neighborhood Commercial District. Section 30-332. CBD, Central Business District. Section 30-333. C-1, General Commercial District. Section 30-334. C-2, Highway Commercial District. Section 30-335. M-1, Light Manufacturing/ Industrial District. Section 30-336. M-2, Heavy Manufacturing/ Industrial District. Section 30-340. Other Districts. Section 30-341. PD, Planned Development District. Section 30-342. A-1, Airport District. Section 30-350. Overlay Districts. Section 30-351. NCON,Neighborhood Conservation Overlay District. Section 30-352. H, Historic Overlay District. Section 30-353. CX, Adult Entertainment Overlay District. Section 30-354. I0, Increased Occupancy Overlay District. 0 Section 30-355. DCC, Downtown Commercial Corridor Overlay District. Article 4. Supplemental District Regulations. Section 30-401. Special Use Permit. Section 30-402. Reserved, Section 30-403. Accessory Structures and Uses. Section 30-404. Telecommunication towers; standards. Section 30-405. Home Occupations. Section 30-406. Temporary Uses. Section 30-407. Nonconforming Uses. Section 30-408. Home Daycares. Section 30-409. Excursion or Floating Gambling Facilities. Section 30-410. Alternative Energy Systems. Section 30-411. In Home Elderly Care. Section 30-412. Guest Houses. Section 30-413. Height and Area Exceptions and Modifications. Article 2. Sec. 30-105 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to add the definition of "subdivision" to read as follows: Sec. 30-105. Definitions. Subdivision. The division of a parcel of land into two (2) or more lots, or other divisions of land. Article 3. Section 30-202(a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to the "Planning and Zoning Commission", reading as follows: Sec. 30-202. Planning and zoning commission. (a) For the purpose of this Section the following terms mean or include: Commission means the Planning and Zoning Commission. Council means the chief legislative body of the City of Cape Girardeau. 6". Street means any public way. Subdivision means the division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. i"s: °tier`eby`.;'',repealed inits�4ent_3+re�ty and said Section 30-202 (a) , is hereby amended, in words and figures, to read as follows: Sec. 30-202. Planning and zoning commission. (a) For the purpose of this Section the following terms mean or include: Commission means the Planning and Zoning Commission. Council means the chief legislative body of the City of Cape Girardeau. Article 4. Sections 30-202(n) and 30-202(0) of the Code of ordinances of the City of Cape Girardeau, Missouri, relating to the "Planning and Zoning Commission", reading as follows: Sec. 30-202. Planning and zoning commission. (n) Upon complying with the provisions of section 30- 202(n). (1) Commission to approve plats; when. Within sixty (60) days after the submission of a plat to the commission, the commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the commission, except that the commission, with the consent of the applicant for the approval, may extend the sixty-day period. The ground of disapproval of any plat by the commission shall be made a matter of record. (2) Commission approval of plats; effects. The approval of a plat by the commission does 0 not constitute or effect an acceptance by the city or public of the dedication to public use of any street or other ground shown upon the plat. (3) Approval of plats required for recording. No county recorder shall receive for filing or recording any subdivision plat required to be approved by city council or commission unless the plat has endorsed upon it the approval of the city council under the hand of the clerk and the seal of the city, or by the secretary of the commission. (4) Use of unapproved plat in sale of land; penalty, vacation or injunction of transfer. No owner, or agent of the owner, of any land located within the platting jurisdiction of the city, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the council or commission and recorded in the office of the county recorder. Any person violating the provisions of this section shall forfeit and pay to the city a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The city may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action. (5) Public improvements; how approved after adoption of major street plan. Upon adoption of a major street plan and subdivision regulations, the city shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other 7 utilities in any street within the city unless the street has received the legal status of a public street prior to the adoption of a city plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the council or commission or on a street plan made by and adopted by the commission. The council may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the commission for its approval and approved by the commission or, if disapproved by the commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the council. (o) No building permitted on streets not conforming to major street plan. After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of section 30-202(o). are=;,hereby repealed Kin their entirety and said Sections 30- 202(n) and Section 30-202 (o), are hereby amended, in words and figures, to read as follows: Sec. 30-202. Planning and zoning commission. (n) Upon complying with the provisions of section 30- 202 (m) . (1) Commission to approve plats; when. Within sixty (60) days after the submission of a plat to the commission, the commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the commission, except that the commission, with the consent of the applicant for the approval, may extend the sixty-day period. 11 The ground of disapproval of any plat by the commission shall be made a matter of record. (2) Commission approval of plats; effects. The approval of a plat by the commission does not constitute or effect an acceptance by the city or public of the dedication to public use of any street or other ground shown upon the plat. (3) Approval of plats required for recording. No county recorder shall receive for filing or recording any subdivision plat required to be approved by city council or commission unless the plat has endorsed upon it the approval of the city council under the hand of the clerk and the seal of the city, or by the secretary of the commission. (4) Use of unapproved plat in sale of land; penalty, vacation or injunction of transfer. No owner, or agent of the owner, of any land located within the platting jurisdiction of the city, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the council or commission and recorded in the office of the county recorder. Any person violating the provisions of this section shall forfeit and pay to the city a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The city may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action. (5) Public improvements; how approved after adoption of major street plan. Upon adoption E of a major street plan and subdivision regulations, the city shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the city unless the street has received the legal status of a public street prior to the adoption of a city plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the council or commission or on a street plan made by and adopted by the commission. The council may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the commission for its approval and approved by the commission or, if disapproved by the commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the council. (o) No building permitted on streets not conforming to major street plan. After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of section 30-202(n). Article 5. Section 30-300(a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "District and boundaries thereof", reading as follows: Sec. 30-300. General. (a) District and boundaries thereof. In order to classify, regulate, and restrict the location of trades, residences, and the locations of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of 10 the uses of the lot areas, and to regulate and determine the areas of yards, and other open spaces within and surrounding such buildings, the City is hereby divided into districts of which there shall be twenty-one (21) in number, known as: AG - Agricultural District AG1 - Exclusive Agricultural District RE - Rural Estate Single Family District R1 - Single Family Suburban Residential District R2 - Single Family Urban Residential District R3 - High Density Single -Family Residential District R4 - Medium Density Multi -Family Residential District R5 - High Density Multi -Family Residential District RUMD - Residential Urban Mixed Density District RMH - Manufactured Home District NC - Neighborhood Commercial District CBD - Central Business District Cl - General Commercial District C2 - Highway Commercial District PD - Planned Development District Al - Airport District Ml - Light Manufacturing/Industrial District M2 - Heavy Manufacturing/Industrial District NCON - Neighborhood Conservation Overlay District H - Local Historic Overlay District CX - Adult Entertainment Overlay District IO - Increased Occupancy Overlay District (1) Unless otherwise indicated by the City Ordinances, the boundaries of the districts shall follow property lines, and shall not include streets and alleys. Those districts and their boundaries are shown upon the City's zoning district map as that map may, from time to time, be amended. The district map and all the notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which 11 district map is properly attested and is on file with the city clerk. (2) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district into which such street, alley, or other public way is incorporated shall automatically include such vacated property, and all areas included in the vacation shall then and hence forth be subject to all appropriate regulations of the extended districts. (3) Concurrently with the annexation of any land, the City shall hold a public hearing to zone the land with an appropriate designation and in conformance with the reasonable use of the property. Noticing and hearing procedures shall be in conformance with Section 30-206(h). (4) Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Chapter, the district boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map. isn,`hereb`y" repealed in ,ixts entiraty and Section 30-300(a), is hereby amended, in words and figures, to read as follows: Sec. 30-300. General. (a) District and boundaries thereof. In order to classify, regulate, and restrict the location of trades, residences, and the locations of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the uses of the lot areas, and to regulate and determine the areas of yards, and other open spaces within and surrounding such buildings, the City is hereby divided into districts of which 12 there shall be twenty-three (23) in number, known as: AG - Agricultural District AG1 - Exclusive Agricultural District RE - Rural Estate Single Family District R1 - Single Family Suburban Residential District R2 - Single Family Urban Residential District R3 - High Density Single -Family Residential District R4 - Medium Density Multi -Family Residential District R5 - High Density Multi -Family Residential District RUMD - Residential Urban Mixed Density District RMH - Manufactured Home District NC - Neighborhood Commercial District CBD - Central Business District Cl - General Commercial District C2 - Highway Commercial District PD - Planned Development District Al - Airport District Mi - Light Manufacturing/Industrial District M2 - Heavy Manufacturing/Industrial District NCON - Neighborhood Conservation Overlay District H - Local Historic Overlay District CX - Adult Entertainment Overlay District IO - Increased Occupancy Overlay District DCC - Downtown Commercial Corridor Overlay District (1) Unless otherwise indicated by the City Ordinances, the boundaries of the districts shall follow property lines, and shall not include streets and alleys. Those districts and their boundaries are shown upon the City's zoning district map as that map may, from time to time, be amended. The district map and all the notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which district map is properly attested and is on file with the city clerk. 13 (2) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district into which such street, alley, or other public way is incorporated shall automatically include such vacated property, and all areas included in the vacation shall then and hence forth be subject to all appropriate regulations of the extended districts. (3) Concurrently with the annexation of any land, the City shall hold a public hearing to zone the land with an appropriate designation and in conformance with the reasonable use of the property. Noticing and hearing procedures shall be in conformance with Section 30-206(h). (4) Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Chapter, the district boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map. Article 6. Section 30-300(b)(4) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Scope of restrictiveness", reading as,follows: Sec. 30-300. General. (b) Scope of restrictiveness. (4) No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of this Chapter. ,;herebyt t„repealed in it ss "entifrety and said Section 30- 300(b)(4), is hereby amended, in words and figures, to read as follows: 101 Sec. 30-300. General. (b) Scope of restrictiveness. (4) No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations contained in Chapter 25 of the City Code. Article 7. Section 30-321(e), Section 30-322(f), Section 30-323(f), Section 30-324(g), Section 30-325(8), Section 30- 326(2), Section 30-327(h), Section 30-328(i) and Section 30- 331(h) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Parking requirements", reading as follows: Parking requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 30-501. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in Sections 26-137 and 26- 256 of the Code of Ordinances. is hereby repealed in ?its ent`ire`ty and said Section 30-321(e), Section 30-322(f), Section 30-323(f), Section 30-324(8), Section 30-325(g), Section 30-326(8), Section 30-327(8), Section 30- 328(i) and Section 30-331(h), are hereby amended, in words and figures, to read as follows: Parking requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in Sections 26-137 and 26- 256 of the Code of Ordinances. Article 8. Section 30-332(h), Section 30-333(h), Section 30-334(h), Section 30-335(h) and Section 30-336(h) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Parking requirements", reading as follows: 15 Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 30-501. rs he`reby repealed''n{itsnt2rety and said Section 30-332(h), Section 30-333(h), Section 30-334(h), Section 30-335(h) and Section 30-336(h), are hereby amended, in words and figures, to read as follows: 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. Article 9. Section 30-324(e) (5) (c.) (1.) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Height, area, bulk and setback requirements", reading as follows: Sec. 30-324. R-3, high density single-family residential district. (e) Height, area, bulk and setback requirements. (5) Minimum Yard Requirements: C. Side Yard: 1. Each townhouse: none. 2. All other uses: Three (3) feet. is ­,hereby':' repealed;,in.�it_s:.enti-ety and said Section 30- 324(e)(5)(c.)(1.), is hereby amended, in words and figures, to read as follows: Sec. 30-324. R-3, high density single-family residential district. (e) Height, area, bulk and setback requirements. (5) Minimum Yard Requirements: C. Side Yard: 1. Townhouses and duplexes: none. 2. All other uses: Three (3) feet. 16 Article 10. Section 30-324(f)(3) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-324. R-3, high density single-family residential district. (f) Open space, landscaping and bufferyard requirements. For nonresidential uses only: (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. is ,vhereby,' ,repealed ", in its': entireµt,y and said Section 30- 324(f)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-324. R-3, high density single-family residential district. (f) Open space, landscaping and bufferyard requirements. For nonresidential uses only: (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. Article 11. Section 30-325(f)(3) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-325. R-4, medium density multifamily residential district. (f) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: 17 (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. isherekij `iepealeclun it 5 entrety and said Section 30- 325(f)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-325. R-4, medium density multifamily residential district. (f) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. Article 12. Section 30-326(f)(3) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-326. R-5, high density multifamily residential district. (f) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. is hereby repealed in Wits entirety and said Section 30- 326(f)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-326. R-5, high density multifamily residential district. E[] (f) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. Article 13. Section 30-327(d)(3) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Special Uses", reading as follows: Sec. 30-327. RUMD, residential urban mixed density district. (d) Special uses. (3) Restaurants, excluding drive-in, pick-up, or drive-thru facilities. is, .hereby,'; repealedt;`1n its '..entirety and said Section 30- 327(d)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-327. RUMD, residential urban mixed density district. (d) Special uses. (3) Restaurants and bars, excluding drive-in, pick-up, or drive-thru facilities. Article 14. Section 30-327(g)(3) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-327. RUMD, residential urban mixed density district. (g) Open space, landscaping and bufferyard requirements. 19 (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. ac,t is.,, hereby„a repealed snits; enter-et,y and said Section 30- 327(g)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-327. RUMD, residential urban mixed density district. (g) Open space, landscaping and bufferyard requirements. (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. Article 15. Section 30-331(g)(3) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-331. NC, neighborhood commercial district. (g) Open space, landscaping and bufferyard requirements. (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. is.= hereby;„:repealed •n2 its,_ entirety and said Section 30- 331(f)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-331. NC, neighborhood commercial district. (g) Open space, landscaping and bufferyard requirements. 20 (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code, Article 16. Section 30-332(b)(4) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Permitted uses", reading as follows: Sec. 30-332. CBD, central business district. (b) Permitted uses. (4) Residential uses, on upper floors. is hereby :repealed its ent}rety and said Section 30-332(b)(4) is hereby amended, in words and figures, to read as follows: Sec. 30-332. CBD, central business district. (b) Permitted uses. (4) Residential uses. Article 17. Section 30-332(d)(7) of the Code of Ordinances of the City of Cape Girardeau, relating to "Special uses", reading as follows: Sec. 30-332. CBD, central business district. (d) Special uses. (7) Residential uses on the first floor of a commercial building in the back portion, while keeping the front portion on the street side as a usable commercial/retail space. ishereby repealed�in v'g`* ent xety and said Section 30-332(d)(7) is hereby amended, in words and figures, to read as follows: 21 Sec. 30-332. CBD, central business district. (d) Special uses. (7) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Article 18. Section 30-332(e)(1) of the Code of Ordinances of the City of Cape Girardeau, relating to "Standards", reading as follows: Sec. 30-332. CBD, central business district. (e) Standards. (1) Except as otherwise authorized herein, residential uses are not permitted on ground floors of commercial buildings, only on upper floors. First floors should be used for retail, commercial and similar uses. is.'`her-eby repeal'ed'in 'its ent!lrety and said Section 30-332 (e) (1) is hereby amended, in words and figures, to read as follows: Sec. 30-332. CBD, central business district. (e) Standards. (1) All activities and permitted uses except the following shall be conducted entirely within a closed building. a. Off-street parking and loading facilities. b. Banks and financial institutions including automatic teller machines and drive-thru facilities with a maximum of two (2) teller stations or lanes. C. Outdoor eating and drinking facilities. d. Public parks, playgrounds and recreational facilities. KPA e. Outdoor live or amplified music provided that they are in compliance with the city's nuisance ordinance. Article 19. Section 30-332(g) (3) of the Code of Ordinances of the City of Cape Girardeau, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-332. CBD, central business district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. is,.,here`by;', repealed titin lts.fc,6ntirety and said Section 30- 332 (g) (3) , is hereby amended, in words and figures, to read as follows: Sec. 30-332. CBD, central business district. (g) Open space, landscaping and bufferyard requirements. (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of Chapter 25 of the City Code. Article 20. Section 30-333(g)(3) of the Code of Ordinances of the City of Cape Girardeau, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-333. C-1, general commercial district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2, R-3, R-4, R-5, RUMD and PMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. 23 is herebyQseasp^e— e, :7.: -.--,. and said Section 30- 333(g)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-333. C-1, general commercial district. (g) Open space, landscaping and bufferyard requirements (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This. bufferyard shall comply with the requirements of chapter 25 of the City Code. Article 21. Section 30-334(d) of the Code of Ordinances of the City of Cape Girardeau, relating to "Special uses", reading as follows: Sec. 30-334. C-2, highway commercial district. (d) Special uses. (1) Automobile washing businesses, including automatic, coin-operated, moving -line facilities. (2) The allowance of additional height, not to exceed a total of one hundred (100) feet, as long as additional height does not adversely affect surrounding neighborhood. (3) Campground facilities and travel trailer parks. (4) Commercial amusement park. (5) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (6) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (7) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. is herekiy rep"ea3ed in"- its enti"r et y, and said Section 30-334 (d) , is hereby amended, in words and figures, to read as follows: 24 Sec. 30-334. C-2, highway commercial district. (d) Special uses. (1) Automobile washing businesses, including automatic, coin-operated, moving -line facilities. (2) The allowance of additional height, not to exceed a total of one hundred (100) feet, as long as additional height does not adversely affect surrounding neighborhood. (3) Campground facilities and travel trailer parks. (4) Commercial amusement park. (5) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (6) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (7) Billboards, as permitted in Section 25-401. (8) Public utilities, except for building and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature use -by -right. Article 22. Section 30-334(g)(3) of the Code of Ordinances of the City of Cape Girardeau, relating to "Open space, landscaping and bufferyard requirements", reading as follows: Sec. 30-334. C-2, highway commercial district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. is'' hereby;,`,repealed,in its,'r}emir?et.y and said Section 30- 41 334(g)(3), is hereby amended, in words and figures, to read as follows: 25 Sec. 30-334. C-2, highway commercial district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Article 23. Section 30-335(d)of the Code of Ordinances of the City of Cape Girardeau, relating to "Special uses" reading as follows: Sec. 30-335. M-1, light manufacturing/industrial district. (d) Special uses. (1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents. (2) Single -wide or double -wide, manufactured home or manufactured business unit for office purposes only. (3) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (4) Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental regulations. (5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. s !Yaereby:=;;;repealed' in itserit?rety and said Section 30-335 (d) is hereby amended, in words and figures, to read as follows: Sec. 30-335. M-1, light district. (d) Special uses. manufacturing/industrial 1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents. (2) Single -wide or double -wide, manufactured home or manufactured business unit for office purposes only. (3) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (4) Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental regulations. (5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (6) Billboards, as permitted in Section 25-401. (7) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Article 24. Section 30-335(g)(3) of the Code of Ordinances of the City of Cape Girardeau, relating to "Open space, landscaping and bufferyard requirements" reading as follows: Sec. 30-335. M-1, light manufacturing/industrial district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. is hereby, repea`1ed it pits:` entYret'y and said Section 30- 335(g)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-335. M-1, light manufacturing/industrial district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and 27 RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Article 25. Section 30-336(d) of the Code of Ordinances of the City of Cape Girardeau, relating to "Special uses" reading as follows: Sec. 30-336. M-2, heavy manufacturing/industrial district. (d) Special uses. (1) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. (2) Jails, prisons or detention facilities. (3) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (4) Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental regulations. (5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. is `'heereby repealed in ,;;its entiietya and said Section 30-336(d) , is hereby amended, in words and figures, to read as follows: Sec. 30-336. M-2, heavy manufacturing/industrial district. (d) Special uses. (1) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. (2) Jails, prisons or detention facilities. ►.1 (3) Telecommunication tower, as permitted in section 30-404, supplemental regulations. (4) Excursion gambling boat or floating gambling facility, as permitted in section 30-409, supplemental regulations. (5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (6) Billboards, as permitted in Section 25-401. (7) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Article 26. Section 30-336(g)(3) of the Code of Ordinances of the City of Cape Girardeau, relating to "Open space, landscaping and bufferyard requirements" reading as follows: Sec. 30-336. M-2, heavy manufacturing/industrial district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. is `hereby ,? ,i` __1 rn 'its=` entrret.y and said Section 30- 336 (g) (3) , is hereby amended, in words and figures, to read as follows: Sec. 30-336. M-2, heavy manufacturing/industrial district. (g) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. 29 Article 27. Section 30-341 of the Code of ordinances of the City of Cape Girardeau, relating to "Planned Development District" reading as follows: 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 tie] 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) General 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. (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. 31 (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 32 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. (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: FL. 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 33 (8) (9) the approximate location of existing streets, property lines, easements, water mains, and storm and sanitary sewers. 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 propoocd private covenants and restrictions; and any other information pertinent to the proposal. 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 34 g. A sign plan that coordinates the size, location, and illumination of proposed signage within the development. (10) A 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; 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 35 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. 36 (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 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 of preliminary 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 37 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) 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 shall specify distribution of residential density for the project as a whole or for subareas within the project. In RE. 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. (n) 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. (o) 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 (%) 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. (p) Perimeter buffer requirements. where a PD district is adjacent to an existing residential 01 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. (q) 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. (r) 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. (s) 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 M plan may be submitted for the entire planned development or in phases as approved in the preliminary development plan. When approving 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: 41 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. 42 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. 1. Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the planned development, and proof of the establishment and activation of any entity that is to be responsible 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 in substantial 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. 43 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 W 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. 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 45 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. (t) 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. (u) Building and other permits. 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. (v) 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). (w) Amendments to final development plan. In addition to the minor adjustments authorized in the arl 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. (x) 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. is - here -by, ^_repeal?ed' in its =,en iret_y, and a new Section 30-341, entitled "Planned Development District" is hereby enacted in lieu thereof, in words and figures, to read as follows: 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 47 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) General 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. M 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 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. WO (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. 50 (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 621 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: a. The approximate total number of dwelling units proposed, by type of structure and approximate number of bedrooms 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 52 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 53 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 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 54 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) F,ffect of preliminary 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 55 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 Develoment 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 shall specify distribution of residential density for the project as a 56 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 (%) 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. 57 (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 M 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 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. 59 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 MM 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. 1. Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the planned development, and proof of the establishment and activation of any entity that is to be responsible 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 in substantial 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 61 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. [IPA 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. 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 63 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 other permits. 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). MW (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. Article 28. Section 30-342(f)(3) of the Code of Ordinances of the City of Cape Girardeau, relating to "Open space, landscaping and bufferyard requirements" reading as follows: Sec. 30-342. A-1, airport district. (f) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. is hereby repealed, in its entirety and said Section 30- 342(f)(3), is hereby amended, in words and figures, to read as follows: Sec. 30-342. A-1, airport district. (f) Open space, landscaping and bufferyard requirements. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall 65 comply with the requirements of chapter 25 of the City Code. Article 29. Section 30-342(1)(1) of the Code of Ordinances of the City of Cape Girardeau, relating to "Permits" reading as follows: Sec. 30-342. A-1, airport district. (1) Permits. (1) Future uses. Except as specifically provided in subsections (a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted by the building official. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with section 30-204. a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy- five (75) feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be MEN required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. C. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article except as set forth in section 30-164(8). is hereby repealed in its entirety and said Section 30- 342(1)(1), is hereby amended, in words and figures, to read as follows: Sec. 30-342. A-1, airport district. (1) Permits. (1) Future uses. Except as specifically provided in subsections (a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted by the building official. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it 67 to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of phis article shall be granted unless a variance has been approved in accordance with section 30-204. a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy- five (75) feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. C. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any M structure, or growth of any tree in excess of any of the height limits established by this article except as set forth in section 30-342(1)(10). Article 30. Section 30-353(b)(4) of the Code of Ordinances of the City of Cape Girardeau, relating to "Definitions" reading as follows: Sec. 30-353. CX, adult entertainment overlay district. (b) Definitions. (4) Area zoned for residential use, for purposes of this section, means an area which is defined as district AG, RE, R1, R2, R3, R4, R5, RMH, RUMD, CBD or NC. iS-+hereby repealed„ *Emits; enti.re:ty and said Section 30- 353(b)(4), is hereby amended, in words and figures, to read as follows: Sec. 30-353. CX, adult entertainment overlay district. (b) Definitions. (4) Area zoned for residential use, for purposes of this section, means an area which is defined as district AG, AG -1, RE, Rl, R2, R3, R4, R5, RMH, RUMD, CBD or NC. Article 31. There is hereby added a new Section 30-355 to the Code of Ordinances of the City of Cape Girardeau, entitled "DCC, downtown commercial corridor overlay district", in words and figures, reading as follows: Sec. 30-355. DCC, downtown commercial corridor overlay district. (a) Purpose. This overlay district is designed to preserve the commercial integrity of major corridors in the downtown area. while this district permits residential uses on upper floors of buildings, or in the rear areas of the street M level of buildings, commercial and retail uses on the street level storefronts promote the commercial integrity of these major corridors. - (b) Permitted uses. (1) Residential uses, on upper floors only and rear of street level of buildings only. (c) Special uses. (1) First floor residential street frontage may be permitted in new construction and redevelopment projects. Article 32. Section 30-403(b) of the Code of ordinances of the City of Cape Girardeau, relating to "Standards: residential districts" reading as follows: Sec. 30-403. Accessory structures and uses. (b) Standards; residential districts. Except as set out in subsection (1) (d) below, no more than one (1) accessory structure shall be allowed per lot. All accessory structures shall meet the setback requirements of the underlying zoning district. In addition, one minor accessory structure no larger than one hundred fifty (150) square feet in area shall be allowed at any location on each lot. Lots zoned AG, agriculture district, shall not be subject to the limitations contained in this section. is,r;_hereby repealed* in fits entirety and said Section 30-403 (b) , is hereby amended, in words and figures, to read as follows: Sec. 30-403. Accessory structures and uses. (b) Standards; residential districts. Except as set out in subsection (1) (d) below, no more than one (1) accessory structure shall be allowed per lot. All accessory structures shall meet the setback requirements of the underlying zoning district. In addition, one minor accessory structure no larger than one hundred fifty (150) square feet in area shall be allowed at any location on each lot. Lots zoned AG, agriculture district or AG -1, exclusive agricultural district, shall not be j 70 subject to the limitations contained in this section. Article 33. Section 30-404(a)(4) of the Code of Ordinances of the City of Cape Girardeau, relating to "Telecommunication towers; standards" reading as follows: Sec. 30-404. Telecommunication towers; standards. (a) A special use permit telecommunications tower within the City of telecommunication towers right-of-way. The telecommunications tower following conditions: is required for a in all zoning districts Cape Girardeau. No shall be allowed on any location of a is subject to the (4) The tower shall be set back from the right- of-way line of any public street up to a distance equal to the height of the tower. is `-hereby; repealed .in`, rts ientrrety and said Sec. 30-404 (a) (4) , is hereby amended, in words and figures, to read as follows: Sec. 30-404. Telecommunication towers; standards. (a) A special use permit telecommunications tower within the City of telecommunication towers right-of-way. The telecommunications tower following conditions: is required for a in all zoning districts Cape Girardeau. No shall be allowed on any location of a is subject to the (4) The tower shall be set back from the right- of-way line of any public street up to a distance equal to the height of the tower. The tower shall be set back from any structure a minimum distance equal to one and one-half times the height of the tower. Article 34. Chapter 30, Article V, relating to "Other Regulations" of the Code of Ordinances of the City of Cape Girardeau is hereby repealed in its entirety. Article 35. If any section, subsection, sentence, clause, 71 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Article 36. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. Article 37. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED this day of 2011. ATTEST; Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor �a Page I of 1 Legend �IMrmlytlys wnlnaelsWet ZONE TYPE —R -0 -SINGLE FAMLYSUBURBAN RE SIREN _ R-2-SINOLE FAMILYUREAN RESIDENTIAL R3. HIGH DENSITY SINGLE FAMILY RE SID _ R -4 -MEDIUM DENSITY MULTI FAMILY RESI —RS -HIGH DENSITY MULTI FAMILY RE SDE - RUMO-RE SIDE NTIAL URBAN MIXED DENS = RMH- RESIDENTIAL MANUFACTURED HOh -CBD-CENTRAL BUSINESS DIST. O -M -GENE RALCOM ME RCIAL DIST - C -2 -HIGHWAY COMMERCIAL DIST - M -1 -LIGHT MANUFAC TUR NO DIST. MIX 2- HEAVY MANUFAC TURING DIST _PD-PLAMNEO DEVELOPMENTDIST. -.41-AIRPORT DIST MISTORK VERLAY DIST. ISH. HISTORebWRLAY DIST -LANDMARKS 10. INCREASED OCCWANCY DIST. file:/A\cgi-fileserv\CouncilAgenda\201 I City Council Agendas\Agenda 02-07-11\ZoningOr... 3/3/2011 Agenda: March 7, 201 I Staff: Ken Eftink, Assistant City Manager/ Cape Girardeau City Council AGENDA REPORT Director of Development Services SUBJECT Resolution Adopting the 2011-2016 Capital Improvements Program EXECUTIVE SUMMARY In accordance with requirements of the City Charter, a public hearing regarding the 2011-2016 Capital Improvements Program was held Tuesday, February 22, 2011. Staff has prepared a Resolution for the adoption of the proposed Capital Improvements Program. The City Charter requires that the Capital Improvements Program be adopted on or before April 1, 2010. BACKGROUNDIDISCUSSION The first draft of the proposed Capital Improvements Program was submitted to the City Council on January 25, 2011. The Council held a special work session on the Capital Improvements Program on January 31, 2011. Staff has included the changes requested by the Council and made revisions based on input from the City Manager and City Departments. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The annual review of the capital needs of the community focuses attention on -improving and constructing capital assets necessary for providing the services, facilities and infrastructure expected by the residents and businesses. It allows our community to offer a sustainable, enhanced quality of life with the financial resources available and those approved by the voters. STAFF RECOMMENDATION The staff recommends that the City Council approve the attached Resolution to adopt the 2011-2016 Capital Improvement Program. PUBLIC OUTREACH A Public Hearing was held on February 22, 2011 to provide community input on the proposed Capital Improvements Program. The Plan was also made available on the City's website. ATTACHMENTS • BILL NO. 111127, Resolution adopting CIP • Copies of the Revised CIP were provided to the Council on February 7`h. Additional copies are available in the Planning Services office at City Hall and the CIP can be viewed on the City website. BILL NO. 11-27 RESOLUTION NO. A RESOLUTION ADOPTING THE FISCAL 2011-2016 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, Article VI, Section 6.04 of the Charter of the City of Cape Girardeau requires a Capital Improvements Program; and WHEREAS, the City Manager has presented a proposed Capital Improvements Program to the City Council; and WHEREAS, proper notice has been published concerning the availability for inspection of the proposed Capital Improvements Program and the time and place for a public hearing on the Capital Improvements Program; and WHEREAS, the City Council has held a public hearing on the proposed Capital Improvements Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby adopts the five-year Capital Improvements Program for fiscal 2011-2016, copies of which are on file in the office of the City Clerk. ARTICLE 2. The City Clerk is instructed to attach an executed copy of this resolution to a copy of the Capital Improvements Program for fiscal 2011-2016 and to retain such copy with the permanent records of the City. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk L NL iYl UJld, L1IVVNL Vl L Rl l\J W Recreation SUBJECT A Resolution authorizing the City Manager to enter into an agreement with Penzel Construction Co., Inc. for the renovation of Central Municipal Pool. EXECUTIVE SUMMARY This resolution authorizes the City Manager to enter into an agreement with Penzel Construction Co., Inc. for the renovation of Central Municipal Pool to include the bathhouse and pool deck area and new deck equipment. BACKGROUND/DISCUSSION One of the projects funded by the Parks and Recreation/Storm Water Sales Tax is the renovation of Central Municipal Pool. The project consists of replacement of the fabric air supported structure and renovation of the bathhouse and pool deck improvements. The replacement of the air supported structure was installed in October. The improvements to the bathhouse and deck were publicly advertised and four (4) bids were received. The bid consisted of the base bid and four (4) add alternates. The low base bid was $485,195.00. The high base bid was $513,880.00 After review of the bids it was determined that add alternate A, replace ceiling tile and grid, and Alternate B, replace lighting, could be included in the project, and when combined with the low base bid totaled $507,317.00 which was the low combined bid submitted by Penzel Construction Co., Inc. This is within the budget available for the project. The two alternates we cannot afford with this bid are the expansion of the concession area and replacement of the DE filter element for the filtration system. FINANCIAL IMPACT The contract is paid as budgeted from the proceeds of the Parks and Recreation/Storm Water Sales Tax. The cost of this portion of the project is $507,317.00. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Central Municipal Pool is the city's only all season public aquatic facility. The pool is a joint project of the City of Cape Girardeau and Cape Girardeau School District No. 63. In addition to providing public recreational opportunities the pool is used by the Central High School Swim Team and several other private and school sponsored swim teams. Numerous swim meets are held at the pool throughout the year attracting many out of town spectators. The improvements to the facility will better accommodate the users and provide a more aesthetic appearance to the facility. STAFF RECOMMENDATION Staff recommends that the City Council, authorize the City Manager to enter into a contract with Penzel Construction Co., Inc. ATTACHMENTS • Letter of recommendation from Markey & Associates • Bid tabulation • BILL NO. 1 11130 , Resolution approving agreement • Agreement with Penzel Construction Co., Inc. • Drawing of bathhouse renovation ' Markey and Associates, Inc. March 2, 2011 Mr. Dan Muser, Director Cape Girardeau Parks and Recreation Department 410 Kiwanis Drive Cape Girardeau, MO 63701 Re: Central Municipal Pool Renovation - Bid Award Recommendation Dear Mr. Muser: We have reviewed the bids that were received at 3:00 p.m. on March 1, 2011. There were 4 bids received from responsible local General Contractors; and the "spread" between the lowest bid to the highest is only 6%. That is usually an indication of a good understanding of the project amongst the Contractors and their subcontractors and suppliers. The Bid documents consisted of a Base -Bid scope and 4 Add -Alternates. Based on the available funds, the Base -Bid plus Add -Alternates "A" and "B" should be awarded. Penzel Construction is the lowest, best bid when considering the Base -Bid only; and they are still the lowest bid when considering the Base -Bid plus Add -Alternates "A" and "B". Therefore, we recommend that the City award the Contract to Penzel Construction in the Amount of $507, 317.00. Sincerely, Markey and Associates, Inc. �_ David N. Markey, P.E. President 4253 Edgewater Court NW • Kennesaw, Georgia 30144 • (770) 424-1306 Nvww.markey-consult.com • dmarkey@markey-consult.com cm OF CAPE GIRARDEAU 2:29 PM 2:51 PM 2:54 PM 2:52 PM BIO TABULATION -Cenral Municipal Pool Rencvmian BID OPENING: Tuesday, March 1, 2011 BID NO: SUBJ.: DEPT: Ayudx. Boulder Contruction Bloomfield Road Girardeau, MO 63701 1182 2301 Klefner Bros. Ins. 1459 Cape N. Kingshighway Cape (573) 332 Girardeau, MO 63701 (573)334-0707 Penzel Construction 325 W. Jackson Blvd. Jackson, MO 63755-2049 (573)243-8191 Zcollner Construction 875 PCR 500 Perryville, MO 63775 (573)5478030 DESCRIPTION I OTY UNIT COST TOTAL COST TOTAL COST TOTAL COST TOTAL Base Bid $496,534.00 $513,880.00 $485,195.00 $507,458.00 Add Alt A $10,490.00 $10,850.00 $11,410.00 $10,710.00 Add All B $11.670.00 $10,490.00 $10,712.00 $9,734.00 Add Alt C $30.231.00 $37,590.00 $46,890.00 $30,139.00 Add Alt D $43,964.00 $48,890.00 $42,150.00 $48,094.00 Total $592,889.00 $621,700.00 $596,357.00 $606,135.00 Bid Bond X X X X Base Bid $496,534.00 $513.880.00 $485,195.00 $507,458.00 AICA $10,490.00 $10,850.00 $11,410.00 $10,710.00 All B $11.670.00 $10,490.00 $10,712.00 $9,734.00 Total $5181694.00 $535,220.00 $507,317.00 $527,902.00 Subs: Milam Masonry IFoeste Masanry Gramlish Masonry I Foesle Masonry Shawnee Electric Shawnee Electric Shavmee Electric CSI Obermann & Sons River City Mech River City Mech Obennann & Sons Assoc. Sheet Metal Assoc. Sheet Metal Ass.. Sheet Metal S & S Int. Slinkard Pig. Slinkard Ptg. Pyramid Roofing Slinkard Pig. Int. Plus A. Replace Ceiling Tile & Grid B. Replace Lighting C. Expand Concession Area D. Replace DE Filter Element BILL NO. 11-30 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENZEL CONSTRUCTION COMPANY, INC., FOR RENOVATION OF THE CENTRAL MUNICIPAL POOL, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Penzel Construction Company, Inc., for improvements at the Central Municipal Pool. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU CAPE GIRARDEAU CENTRAL MUNICIPAL POOL RENOVATION STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 7`h day of March in the year 2011 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Penzel Construction (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of... CAPE GIRARDEAU CENTRAL MUNICIPAL POOL RENOVATION Article 2. DIRECTOR. The Director shall be defined as Daniel D. Muser, Director of Parks and Recreation, or his designee. He is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to DIRECTOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed by June 10'h, 2011 , and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions, 60 days thereafter. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the limes specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day A-1 that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. Substantial completion shall be defined as the safe, beneficial occupancy by the owner and the public of the pool facility for its intended purpose. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.1 LUMP SUM CONTRACT AMOUNT: Five -Hundred -Seven -Thousand -Three -Hundred -Seventeen Dollars ($ 507,317.00) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by DRIECTOR as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by DIRECTOR, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements, 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as DIRECTOR shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by DIRECTOR, and if the character and progress of the Work have been satisfactory to OWNER and DIRECTOR, OWNER, on recommendation of DIRECTOR, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, M the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as DIRECTOR shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by DIRECTOR as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and Is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data' contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR A-3 acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and DIRECTOR do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given DIRECTOR written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by DIRECTOR is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages AA=1 to AA=7 inclusive). 8.2 Bid Form (pages BF- 1 to BF- 7, inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits 2 and consisting of 4 pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1 91 0-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 6 , inclusive). IM] 8.6A Supplementary Documents: Affidavit of Work Authorization (1 page inclusive) Contractor's Affidavit Regarding Settlement of Claims (1 Page inclusive) Contractor's Warranty (1 page inclusive) Sovereign Immunity Limits (1 page inclusive) Prevailing Wage (15 Pages Inclusive) Affidavit Regarding Excessive Unemployment (2 Pages inclusive) E -Verify (12 Pages inclusive) Affidavit of OSHA Training including Missouri Revised Statutes (4 Pages inclusive) 8.7 Specifications bearing the title City of Cape Girardeau Central Pool Renovation Proi. No. 0908. 8.8 Drawings. 8.9 Addendum number 1 , Pages 1 to 5 inclusive. 8.10 CONTRACTOR'S Submitted Bid (pages BF- 1 to BF -7, inclusive) . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (N/A). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the A-5 contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 The General Contractor shall provide to the City of Cape Girardeau City Parks and Recreation Department's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These may be provided on a weekly basis or submitted monthly with each pay request. 9.6 Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. ME IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and DIRECTOR and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by DIRECTOR on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Cape Girardeau Scott A. Meyer, City Manager 0 [CORPORATE SEAL] Attest Address for giving notices 410 Kiwanis Drive Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. 2010 (which is the CONTRACTOR Penzel Construction A'111;0 C. J resiozn l - By: 62V2 C [ ORPORATESEAL] Attest aj-ud Address for giving notices ),. o.13'0,c 3 3 o �/+clzso,,t Mc 63755 License No. 79 6 %41 A-7 Agent for service of process: )/. C. ? n u% (it NTRACTOR is corporation, attach evidence of authority to sign.) I ENT NY c 9�. ro•ER \Yal_VS LCCK,iE 40IXA STO4FG_ �� O 0. O+OAS. . � : IANITDR . m _)^�MEELINCRWp � p•• 0 L.1--EVSIOILEi CONTROLCOR0.1�0. WOME NA Sry JSRLLLIIIO 0 nnL 'LJ woMENs laLE I�NPLLLW t+ WFY MELN I OFME OFICE o 0 .... '. A CORRIDOR O TN� lDILET RCCESIOiYTWi + �MEV5 LOCKERF sioR u MVS TOILET �t � 7 ,&MENSOROESSING V LE �IRENs WL- MENSS TOILET ��--.•LJLJ--JJ,, �t� L NPLL'NPY \`� O CONCESSIONS CI I � PmL I ILF,6n ENTRY. Na_rkey 0 l P 4 a J Ute' a a w; W � Q EL T Z U' W w U x Lu 0�y- 4 TOILET ACCESSORY FLOOR PIAN A-1.01 Motion Approving Improvement Plans for Woodland Place Subdivision Number 10 EXECUTIVE SUMMARY Improvement plans have been submitted for the construction of water main, sanitary sewers and storm sewers to serve Woodland Place Subdivision Number 10. The project will be constructed by private contract, with city inspection to insure that the construction conforms to City standards. BACKGROUND/DISCUSSION Woodland Place Subdivision Number 10 is a 2.56 acre development located at Lexington Ave. and Kent Dr. In order to guarantee that the improvements will be completed, the City will hold the record plat until the improvements are completed and accepted by Council. STAFF RECOMMENDATION Staff recommends that the Council approve by motion the improvement plans for Woodland Place 10`h Subdivision contingent upon receipt applicable State permits. ATTACHMENTS • Subdivision exhibit I EARLEEN o I Z w �t� Y i Aa-, 'T ,. ��+�.. WOODLAND PLACE TENTH SUBDIVISION a FIRST PENTECOSTAL CHURCH 3054 LEXINGTON AVENUE LEXINGTON w X O City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle onc) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 2-18-11 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from JODY R. GEISER, d/b/a HUMANE SOCIETY OF SOUTHEAST MISSOURI, located at A.C. BRASE ARENA, for a TEMPORARY RETAIL LIQUOR BY THE DRINK license. Contact number is 334-5837. Please complete inspection and return to Customer Service. Referred to Police Department 2-18-11 Referred to City Inspector 2-18-I1 Referred to Fire Inspector 2-18-11 Referred to Health Inspector 2-18-11 Notice (sign) given to Applicant: N/A for Council Meeting on 3-7-11 The Police Department and City hispectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DA7FE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT t �/ CITY INSPECTOR / V /�k alLt C A' J - HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City hispectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DA7FE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: HUMANE SOCIETY OF SOUTHEAST MISSOURI Managing Officer JODY R. GEISER Business Address: A.C. BRASE ARENA Type of Liquor License: TEMPORARY RETAIL LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Dep meat. Date / // Signatur Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. This liquor license was conditionally approved by the City Council at their meeting City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: HUMANE SOCIETY OF SOUTHEAST MISSOURI Managing Officer JODY R. GEISER Business Address: A.C. BRASE ARENA Type of Liquor License: TEMPORARY RETAIL LIQUOR BY THE DRINK "Type of license in last 6 months: N/A Approval of Applicant by Police Department: Signature Inspection Personnel: / "toning Classification I The applicant (i ,is not required to post the notice required under, Sec. 5-33-a. The applicant (has, as not posted for 10 days the notice required under Sec. 5-33-1-a This structure (is s not Dithin 200 feet of a church or school building or resident. Sec. 5-6 This structure (' , is not) ned Date Z Z�—ZQ� S1Qr Chapter 30 (4) of the City Cgckc-af Ordinances. This liquor license was conditionally approved by the City Council at their meeting CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: BUSINESSADDRESS. MANAGING OFFICER: DATE OFREVIEW.• Jody R. Geiser, d/bla Humane Society of Southeast Missouri A.0 BraseArena Jody R. Geiser 03-01-11 SUMMARYOFACTTVITIES EFFECTING THE ESTABLISHMENT. There is no criminal history on record for Mr. Geiser. The enclosed application is for, "Temporary Retail Liquor by the Drink", license for a dinner/auction at the Arena Building to benefit the Humane Society of Southeast Missouri on March 26-27, 2011. There were no incidents requiring police intervention for this event the last time it was held. a kl,-vl� Lieutenant Barry D. Hovis, Auxiliary Services Division CGPD Form #112 tcce, I ;� 91 ARM City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX 573-339-6306 ? � TEMPORARY LIQUOR LICENSE APPLICATION LICENSE FEE ($10.00 FOR A SEVEN DAY MAXIMUM) NAME OF APPLICANT OR ORGANIZATION: PHONE NUMBER: P)u-- j ± l /,213 -a -o-065 NAME AND ADDRESS OF LOCATION OF FUNCTION WHERE LICENSE WILL BE USED AND SPECIFIC DESCRIPTION OF PREMISES WHICH LICENSE APPLIED FOR WOULD COVER: LICENSE REQUESTED FOR PERIOD alp 20 �\ TO 01 20_11_ (note: 7 consecutive days maximum) FUNCTION OR EVENT FOR WHICH LICENSE IS REQUESTED: PLEASE ATTACH A COPY OF A SKETCH PLAN SHOWING LOCATION OF THIS BAR IN RELATIONSHIP TO THE TOTAL PROPERTY (INCLUDE INTERVENING STREETS). This doesn't need to be drawn to scale, but should be a schematic representation of the layout of the buildings and bars to determine that provisions of the ordinance are met. I, the undersigned, understand and agree that if any of the above answers or statements, including the sketch plan, are untrue and the license herein applied for is granted, such license may be suspended or revoked by the City Council. I further understand and agree that if I, or any of my employees, shall violate the provisions of any ordinances of the city of Cape Girardeau, MO or allow others to do so upon the licensed premises, the City Council may suspend or revoke this SPECIAL license. I further understand that this is a SPECIAL PERMIT and is good only for the period covered above. �od u �h C�eise� APPLlCAN17 REPRESENTATIVE (print name) 'b o0,LC-i Mng be r POSITION WITH ORGANIZATION IGi ATURE DATE O BIRTFI SOCIAL SECURITY # ,off a„naa — NI llaa I City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE INTYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 2-25-11 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from LA TORITA, LLC, d/b/a EL TORITO, located at 1740 BROADWAY, for a RETAIL LIQUOR BY THE DRINK & SUNDAY SALES license. Contact number is 200-3847. Please complete inspection and return to Customer Service. Referred to Police Department 2-25-11 Referred to City Inspector 2-25-11 Referred to Fire Inspector 2-25-11 Referred to Flealth Inspector 2-25-11 Notice (sign) given to Applicant: 2-25-11 for Council Meeting on 3-7-11 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT] 1 �� CITY INSPECTOR r/ dgI n7iQk W�{t(� HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: EL TORITO Managing Officer JACOB J. KNAUST Business Address: 1740 BROADWAY Type of Liquor License: RETAIL LIQUOR BY TIE DRINK & SUNDAY SALES Type of license in last 6 months: NSA Approval of Applicant by Police Dept tm�� Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. See. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICEiNSE CONDITIONAL APPROVAL REVIEW Applicant: EL TORITO Managing Officer JACOB J. KNAUST Business Address: 1740 BROADWAY Type of Liquor License: RETAIL LIQUOR BY THE DRINK & SUNDAY SALES Type of license in last 6 months: N/A Approval of Applicant by Police Department: Date Inspection Personnel: Zoning Classification C- I The applican(S) is not) required to post the notice required under, Sec. 5-33-a. The applicaltcgas not) posted for 10 days the notice required under Sec. 5-33-1-a This structr, a is, ' not) within 200 feet of a church or school building or resident. Sec. 5-6 This structut i l)s not) zoned co cell d under Chapter 30 (4) of the City Code of Ordinances. Date ZO Sig, ture This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: BUSINESSADDRESS: MANAGING OFFICER: DATE OFREVIEW: La Torita, LLC, d/bla El Torito 1740 Broadway. Jacob J. Knaust March 1, 2011 SUMMARY OFACTM77ES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Knaust. This new application is for a "Retail Liquor by the Drink and Sunday Sales" license. This location was formerly the business El Torero. There were no incidents that involved alcoholic beverages that occurred at the above address requiring police intervention within the past twelve months. 1 :�►�s �fkD Lieutenant Barry D. Hovis, Auxiliary Services Diy(tjpj �Hfq rprm #112 City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 2-25-11 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from CAFE SOUPE, INC., d/b/a CAFE SOUPE, INC., located at 2502 TANNER DR., SUITE 200, for a RETAIL LIQUOR BY THE DRINK & SUNDAY SALES license. Contact number is 334-7733. Please complete inspection and return to Customer Service. Referred to Police Department 2-25-11 Referred to City Inspector 2-25-11 Referred to Fire Inspector 2-25-11 Referred to Health Inspector 2-25-11 Notice (sign) given to Applicant: 2-25-11 for Council Meeting on 3-7-11 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENT'S POLICE DEPARTMENT CITY INSPECTOR���I /jQS GL G4LeCi� HEALTH INSPECTOR FIRE INSPECTOR a� _a�� (( �nn rax �- (�%t_Cilk& The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CAFIJ SOUPE Managing Officer LYDIA D. SUMNER Business Address: 2502 TANNER DR., SUITE 200 Type of Liquor License: RETAIL LIQUOR BY THE DRINK & SUNDAY SALES Type of license in last 6 months: N/A Approval of Applicant by Police Depy(t ernp�2, / " Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CAFE SOUPE Managing Officer LYDIA D. SUMNER Business Address: 2502 TANNER DR., SUITE 200 Type of Liquor License: RETAIL LIQUOR BY THE DRINK & SUNDAY SALES Type of license in last 6 months: N/A Approval of Applicant by Police Department: Date Signature Inspection Personnel: Zoning Classification The applica is is not) required to post the notice required under, Sec. 5-33-a. The applicanits as not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (' , is not) vithin 200 feet of a church or school building or resident. Sec. 5-6 This structur (is, is not) zoned nate 7; Z-(] sign Chapter 30 (4) of the City Code of Ordinances. This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GINARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: BUSINESSADDRESS: MANAGING OFFICER: DATE OF REVIEW.• Cafe Soupe, Inc, d/bla Cafe Soupe, Inc 1502 Tanner Drive Suite 200 Lydia D. Sumner March 1, 2011 SUMMARY OFA CTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Ms. Sumner. This new application is for a "Retail Liquor by the Drink and Sunday Sales" license. There were no incidents that involved alcoholic beverages that occurred at the above address requiring police intervention within the past twelve months. ��4.4Arirl/I � k• b " Lieutenant Barry D. Hovis, Auxiliary Services Division CCPD Form #112 City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 2-17-11 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from SHAH MARI, LLC, d/b/a CAPE MART, located at 238 N. FOUNTAIN ST., for an ORIGINAL PACKAGE LIQUOR & SUNDAY SALES license. Contact number is 225-5585. Please complete inspection and return to Customer Service. Referred to Police Department 2-17-11 Referred to City Inspector 2-17-11 Referred to Fire Inspector 2-17-11 Referred to Health Inspector 2-17-11 Notice (sign) given to Applicant: 2-17-11 for Council Meeting on 3-7-11 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT o I I/ CITY INSPECTOR V/ HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CAPE MART Managing Officer SHAH FAISAL Business Address: 238 N. FOUNTAIN ST. Type of Liquor License: ORIGINAL PACKAGE LIQUOR & SUNDAY SALES Type of license in last 6 months: NSA Approval of Applicant by Police DeppArneptZ'/_�_--,�--' ' A Date Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Signature This liquor license was conditionally approved by the City Council at their meeting on City of Cape Girardeau 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CAPE MART Managing Officer SHAH FAISAL Business Address: 238 N. FOUNTAIN ST. Type of Liquor License: ORIGINAL PACKAGE LIQUOR & SUNDAY SALES Type of license in last 6 months: N/A Approval of Applicant by Police Department: Signature Inspection Personnel: Zoning Classification The applican (is, is not) required to post the notice required under, Sec. 5-33-a. The applicantas has not) posted for 10 days the notice required under Sec. 5-33-1-a This structur (is, ,s not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is is not) oned corrects . �cdundler�Chapter 30 (4) of the City Code of Ordinances. Date This liquor license was conditionally approved by the City Council at their meeting CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS. BUSINESSADDRESS: MANAGING OFFICER: DATE OFREVIEW.• SHAH MART, LLC, d/bla CAPE MART 238 N. Fountain Street Shah Faisal March 1, 2011 SUMMARY OFAC77VI77ES EFFECTING THE ESTABLISHMENT. There is no criminal history on record for Mr. Faisal. This new application is for an "Original Package Liquor and Sunday Sales" license. Mr. Faisal is moving his business from 102 Mason Street to this new location. There was no alcohol related incidents that occurred at the above address requiring police intervention within the past twelve months. At Mr. Faisal's prior location on 102 Mason, there was the following violation: 02-04-11 Supplying Alcohol to a Minor -During compliance checks, a store clerk sold alcohol to a minor. The clerk was summonsed for this violation. ar A. % n' on, Chof ice Q, Lieutenant Barry D. Hovis, Auxiliary Services Division CGPD Form #112 NEW ORDINANCES SUBJECT An Ordinance Appropriating Funds for Transfers for the Fiscal Year Ending June 30, 2011, in the City of Cape Girardeau, Missouri EXECUTIVE SUMMARY The attached ordinance makes appropriations that would allow the $2,000,000 we received from the Isle of Capri in February to be used to payoff the 2001 Certificates of Participation that were used to construct the manufacturing facility at the airport and to replenish the City's Emergency Reserves. BACKGROUND/DISCUSSION We have examined several alternative ways of paying off the 2001 Certificates of Participation on April 1, 2011. The one that is most beneficial to the City is to use a portion of the $2,000,000 that we just we received from the Isle of Capri. The $2,000,000 from the Isle of Capri was originally planned to fund $1,000,000 in improvements to Broadway, a $323,000 repayment to the emergency reserve fund, and various other capital items currently included in the proposed Capital Improvement Budget. We are now proposing that the $2,000,000 be used as follows: (1) $1,693.500 would be used to payoff the Certificates. This amount plus the debt service reserve from the original issue would be adequate for paying off the Certificates. (2) $306,500 would be used to replenish the emergency reserve fund. Alternatively, the projects mentioned above could be funded as follows: (1) Improvements to Broadway could initially be funded by the TTF IV sales tax. Cash flow should be adequate to cover these costs until the TTP IV Fund could be reimbursed from funds received from the Casino after it is opened. (2) The remaining $16,500 that was planned to be repaid to the emergency reserve fund could be repaid as part of the 2011 — 2012 budget. (3) The following projects that were anticipated to be funded by the initial Casino revenue could be funded from revenues from the first year of the Casino's operation. If projects required funding prior the Casino's opening we could fund them using short-term intra fund loans which would be repaid with revenues from the first year of the Casino's operation. $125,000 Sidewalk Safety (trail connecting) — Kingsway, Food Giant to Lexington $125,000 Wastewater facility design $120,000 Streetscape (design only) — Broadway/Riverfront $100,000 Walking trail lighting/wideningsafety — Arena Park $ 50,000 River Heritage Museum parking lot(landscaping/resurfacing) $ 50,000 Community Garden $ 25,000 Dog park(s) $ 25,000 Accelerated tree planting $ 25,000 Melaina's Magical Playground (revenue sharing) $ 25,000 Commander Building—National Marketing to sell/lease building FINANCIAL IMPACT Using the Casino revenue to payoff the 2001 Certificates of Participation would eliminate any future debt service for the Airport Fund and would provide an approximate $260,000 reduction in debt service costs from our current budget. It will also provide us with the potential to produce revenue from the building immediately. Additionally, since no bonds would be required to repay the Certificates, we would save approximately $45,000 in issuance costs. STAFF RECOMMENDATION Staff recommends that the City Council approve the attached ordinance. ATTACHMETS • BILL NO. 1129, Ordinance appropriating funds BILL NO. 11-29 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2011, 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 City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2011, for additional transfer between funds, in the following amounts: Casino Revenue Fund to Debt Service Fund - One Million Six Hundred Ninety-three Thousand Five Hundred Dollars ($1,693,500.00) to cover the costs of calling all the outstanding 2001 Certificates of Participation. Casino Revenue Fund to General Fund - Three Hundred Six Thousand Five Hundred Dollars ($306,500.00) to reimburse Emergency Reserves. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2011. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Agenda: March 7, 2011 Staff: Ken Eftink, Assistant City Manager/ Development Services Director CapeGirardeau' Ordinance approving a Special Use Permit for a daycare to be located at 1341 Vantage Drive EXECUTIVE SUMMARY It is the request of Terry Allison and Susan Allison for a Special Use Permit to operate a daycare at their home which is located at 1341 Vantage Drive. The property is within the R-1 (Single Family Suburban Residential) District. The requested daycare would be for no more than ten (10) children and would operate from 7:30 a.m. to 5:30 p.m. BACKGROUND/DISCUSSION This agenda item calls for the holding of the scheduled public hearing and first reading consideration of the request of Terry and Susan Allison for a special use permit to operate a daycare for no more than ten (10) children at their home located at 1341 Vantage Drive. While a home daycare with four (4) or fewer unrelated children is allowed by right as an accessory use in the R-1 District, a home daycare with more than four (4) unrelated children requires a special use permit. The Planning and Zoning Commission held a public hearing for this request on February 9, 2011. At the hearing, Susan Allison commented that she has been operating a daycare out of her home for the past three (3) years with fewer than four (4) children. However, now she desires to be able to have up to ten (10) children. Many of her neighbors were in attendance to speak for the request and to state that the Allison's keep their property picked up and in order. The neighbors added that parking has never been an issue when children have been dropped off at the beginning of the day or picked up at the end of the day. There was no opposition to the request. The Allison's also stated that they were requesting the daycare at their home because they have a special needs child that needs to be home. STAFF RECOMMENDATION Staff recommends approval of the requested special use permit. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission unanimously recommended approval of the request at their meeting February 9, 2011 on the following conditions: 1. This special use permit shall terminate in twelve (12) months upon the failure to develop the use of the land for which the special use permit has been issued. 2. This special use shall meet all applicable zoning regulations including the standards for home daycares in Section 30-408 of the Zoning Ordinance. 3. This Special Use Permit is not transferable without the consent of the City Council. 4. The daycare shall be limited to no more than ten (10) children. 5. The hours of operation shall be from 7:30 a.m. till 5:30 p.m. on Monday through Friday. ATTACHMENTS • BILL NO. 111128, Ordinance • Staff Review Form • Planning and Zoning Action Form • Rezoning/Special Use Permit Application • Zoning Map • Future Land Use Map • Aerial Map (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of the Cape Girardeau City Council considered the application for Special Use Permit dated January 2, 2011 filed by Terrence S. Allison and Susan M. Allison for the property located at 1341 Vantage Drive, Cape Girardeau, Missouri for the purpose of maintaining In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings The Proposed Special Use Permit, With The Stated Conditions, would: 1. Substantially increase traffic hazards or congestion , 2. Substantially increase fire hazards ` 3. Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community S. overtax public utilities. 6. Be in conflict with the comprehensive city plan The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: ty CITY OF CAPE GIRARDEAU, MISSOURI Mayor BILL NO. 11-28 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TERRENCE S. ALLISON AND SUSAN M. ALLISON, FOR PURPOSES OF MAINTAINING AND OPERATING A DAYCARE AT 1341 VANTAGE DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Terrence S. Allison and Susan M. Allison are the owners of certain property on which they desire to maintain and operate a daycare, said daycare being located at 1341 Vantage Drive, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said daycare is 1341 Vantage Drive, Cape Girardeau, MO 63701, which property is presently zoned R-1, Single-family Suburban Residential District; and WHEREAS, a Special Use Permit is required for said use in an R-1, Single-family Suburban Residential District; and WHEREAS, Public Notice of such request was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, March 7, 2011; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to grant a Special Use Permit to Terrence S. Allison and Susan M. Allison, for the purpose of maintaining and operating a daycare at 1341 Vantage Drive, in the City and County of Cape Girardeau, Missouri. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of maintaining and operating a daycare on the following described property: All of Lot Seventy Eight (78) of Record Plat Ashland Court Sixth Addition in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 24 at page 63. Subject to terms, conditions, restrictions and reservations of record, if any. is hereby granted to Terrence S. Allison and Susan M. Allison to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto herein by reference is the formal City Council. as Exhibit "B" and incorporated Findings and Conclusions of the ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk 20 SPECIAL USE PERMIT Terrence S. Allison and Susan M. Allison are hereby granted a Special Use Permit for the purpose of maintaining and operating a daycare located at 1341 Vantage Drive, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: All of Lot Seventy Eight (78) of Record Plat Ashland Court Sixth Addition in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 24 at page 63. Subject to terms, conditions, restrictions and reservations of record, if any This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 2. This Special use shall meet all applicable zoning regulations including the standards for home daycare in Section 30-407 of the Zoning Ordinance. 3. This Special Use Permit is not transferable without the consent of the City Council. 4. The daycare shall be limited to no more than ten (10) . children. S. The hours of operation shall be from 7:30 a.m. until 5:30 p.m. Monday through Friday. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 20 Scott A. Meyer City Manager ATTEST: Gayle L. Conrad, City Cle STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: August 4, 2011 LaDonna Laub, Notary Public EXHIBIT A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of the Cape Girardeau City Council considered the application for Special Use Permit dated January 2, 2011 filed by Terrence S. Allison and Susan M. Allison for the property located at 1341 Vantage Drive, Cape Girardeau, Missouri for the purpose of maintaining and operating a daycare. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, with The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community x 5. Overtax public utilities. X- 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: ty C EXHIBIT B SUBJECT Appointment of one member to the Board of Adjustment for a term expiring March 1, 2016. EXECUTIVE SUMMARY One term on the Board of Adjustment is set to expire March 1, 2011. This position is presently held by Mr. Larry Caldwell. He has expressed interest in being reappointed to the board, and his advisory board summary sheet is attached. Attached is a roster for the board as well as the attendance records for the last year. BACKGROUNDiDISCUSSION According to Section 30-61 of the City Code, "The Board shall consist offive members who shall be freeholders and residents of the city, appointed by the mayor and approved by the city council... Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. " Board members serve a five year term. Mr. Timothy Lee and Mr. Keith Sander have expressed interest in serving on the board, and their board applications are attached. STAFF RECOMMENDATION It is recommended that one appointment to the Board of Adjustment for a term expiring March 1, 2015. ATTACHMENTS • Board of Adjustment Roster • Board of Adjustment Attendance • Advisory Board applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees February 7, 2011 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission Larry Caldwell William Whitlock Daniel E. Little, Chairman Timothy Kelley Mark Buerck Krisinda Cook Edward Hail (alternate) James Matchell (alternate) effective with terms commencing January 8, 1996. Board ofAdiustment Date Appointed June 6, 2005 alternate 9/4/07 full member December4, 2003 February 17, 1993 April 21, 2008 alternate January 19, 2010 full 6/95 alt; 1/22/02 September 20, 2010 January 22, 2002 January 19, 2010 Date Reappointed Term Expires 8/15/05 March 6, 2011 February 20, 2007 March 6, 2012 2/17/98; 2/19/03; 2/19/08 March 6, 2013 --- March 6, 2014 2/22/05; 3/1/10 March 6, 2015 September 4, 2015 8/15/05, 9/20/10 September 4, 2015 9/20/10 September 4, 2015 Serve five year terms, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council mbers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact —Tim Morgan, inspection Services Director -339-6328. BOARD OF ADJUSTMENT Attendance Record Ordinance effective 4/13/00 X or P = present, A = absent RECEIVED AUG O 2 2007CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name 44gizv CAL "'5i- L — _ Telephone: Day / 7T home Address _1 7 a S AGS_* g�r I)2 E/vening 33�/- 6 7-ST � E-mail Address /c✓CG_qd h67 Year Current Residence in Cape Girardeau Began i Current Employer and Position�4-r&0� 5 7- 462 Tom_ — )'(}/CT TI— Previous Employers and Positions In which Board(s) are you interested? ,47�700 ®� STYy7e5n/ 1 5 Special Qualifications for specific board(s) (include past board service) CSN_�Oillflfo 0�✓s7��/hl��� Educational Background��/�_!�'9�__����/ ✓�_ (Include j offices held /and dccommittee service)..., r /f-1't'C /IV v -;- Meeting Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Moming Noon Afternoon Evening _2V__ Anytime Would you like to receive news from the City via e-mail? V� Yes ❑ No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutiv ths, will result in your position being automatically forfeited on the board/comraission. Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. CITY OF CAPE GiRARDEAU. MISSOURI ADVISORY BOARD APPLICATION f r,� - / +-e Telephone nay _ _ 33 l it use � ....._ o - xne Address wre �� 1Qr w e Cllr i3vening, -73`7- -7,565 - 1-5-3-0- E-mail Address -1. 5. _ .Ow'ei._..� .+=— a..h_�o�Co.i� �__._.___.___.Mobtle 2100 bear Current Residence in Cape Girardeau Began t.'unentEEniployerandPosition. Th�re�Lo F1vIOUS L'•uiployers and Positions 5 E L F Number in priority order The Boardfs) you are interested in serving on'. _10 Aiiporl Advisory Board �A Board ol'Adiustment Board of Appeals Board of Examiners r.� Girardeau Goes Breen Advisory Board 13 GolfCouiseAdvisory Board I-listoric Presenation Commission 2 Parks & 1imcatiou Advisory Board Planning C Zoning Commission I_ Public Library Board River Campus Board of`Managers �- Show Me Center Board of Managers (e Special Business District Advisory Commission 12- Tree Board Sp�;cial Qualifications for specific boards) (include past board service): , 5" --t...--. -- `'j a tc ` sate t+hv you are Interested in serving on this board, `To �\e 1 ((.II ff rr Ti f CST- ckc- IIJC-_-,VASt(5 C,)4- T G _/i.\p,4Q -- Conintouity Activities (Include offices held and comniiil x, service) C-mvnerc--e pleeting tinie(s) anrvenient for you; fI%ease cheek one in A and one in B) A. Weekly_ Monthly ✓Anytime _ __ B- Morning _-- Noon Aflenioon --_---- Lvening Anytime__ Wouid you like :o receive news fruit, the City via e -snail? �'cs ❑ No Would you like to attend a City Council Study Sessioll when your L9-" Yes Ll No application canes up for consideration? tpsignmgIll isdocument. you awmetosel-veand atWndregularly, Three(3lconsecwiveabsences.urfoul(d)absenees in anV twelve (121 conseautivc months, will result m your Imsilion being automatically forfeited on the ' _ Date 7 Lin Z 2010 "* Bud Me:ubei Suinniary Sheets are valid for one year from the dale chat tile) are signed. Return to the City Manager's Office, P.O_ Box 617, Crape Girarri¢au, MO 637112-!1617. i; CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name ke/�'XSn�A/p Telephone: Day 331 -/S -Go 1lomeAddress .2 7.)- /3 PVrxfsioaf-4 Evening 33.7 -/SCO i E-mail Address /'SGChC/eri/��jR�joo.Gy» t Mobile_ fJ7-6Ji$ r Year Curent Residence in Cape Girardeau Began/9Z'C -/a / W 154-c- a leo y Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board J Board of Adjustment Board of Appeals 9 Board of Examiners L Girardeau Goes Green Advisory Board L_ Golf Course Advisory Board /2 I historic Preservation Commission I/ Parks & Recreation Advisory Board Planning & Zoning Commission S Public Library Board Z River Campus Board of Managers 6 Show Me Center Board of Managers Special Business District Advisory Commission 13 Tree Board Special Qualifications for specific board(s) (include past board service): _ ogid MCi+r 6.e.. Fm, -lew" /1/orn Do?:r,•"sem CLr79— A4e- +bu Ji)✓ee L?,ey — State why you arc interested in serving on this board- Ed�llwfGG .f.T- ��� !✓ /G�r/� f/S ,� �F�%dere �L.+- 3c.,�, r � Educational Background:� 9,3 /JV At4vA,1.,-11- Community 1i-ff Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly! Anytime '' B. Morning _-� Noon _. Afternoon , Evening- Anytime Would you like to receive news from the City via e-mail? fl Yes ❑ No Would you like to attend a City Council Study Session when your i[YYes LJ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Gi-. / Date 11-,05'-1'o ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: February 22, 2011 Staff: W. Eric Cunningham, City Attorney SUBJECT Fruitland Annexation Petition EXECUTIVE SUMMARY On January 24, 2011, a group of residents from the Fruitland area filed a formal Petition for Annexation with the City of Cape Girardeau, Missouri. A separate Petition for Annexation had previously been filed with the City of Jackson in December, 2010. The actual desire of the group is to incorporate as the "Village of Fruitland", but Sec. 72.130, RSMo., does not allow an area to incorporate that is within two miles of another existing city, unless it first files an Annexation Petition seeking to become part of that neighboring city. The area proposed to be incorporated is located within two miles of both the City of Jackson, and the City of Cape Girardeau, so formal Petitions for Annexation have been filed with both cities. However, because the Fruitland area is not contiguous to the City of Cape Girardeau, the City Council cannot act favorably on that Petition. BACKGROUND/DISCUSSION Sec. 72.130, RSMo., states that if the action taken on the Annexation Petition by the existing city is unfavorable, or if no action is taken, then the area may be incorporated after the expiration of one year from the date of the Annexation Petition, if there has been a favorable majority vote froth the residents living in that area. In order for the residents of Fruitland to proceed with possible incorporation, the City of Jackson would either need to take no action or unfavorable action on its Annexation Petition by December, 2011, and the City of Cape Girardeau would either need to take no action or unfavorable action on its Annexation Petition by January 24, 2012. The Statute does not prescribe the method which must be used to take any unfavorable action. Hence, a simple motion by the governing body of the city would be sufficient. If the city which has been petitioned for annexation desires to act favorably on that petition, that favorable action must also be commenced within this one year period. Since not all of the property owners of the area to be annexed will have petitioned for annexation, any annexation would have to proceed as an involuntary annexation pursuant to the provisions of Secs. 71.015 and 71.860 to 71.920, RSMo. Under those procedures, the city council would need to adopt a Resolution of Intent to annex the proposed area. Then, the city would need to prepare a Plan of Intent showing that the area is reasonable and necessary to the proper development of the city, demonstrate the ability of the city to furnish normal municipal services to the unincorporated area within three years, and obtain a Court Order approving that Plan of Intent. In addition, elections would need to be held in both the city and the affected area in which 50% of the voters in both locations would need to approve of the annexation. The question is resolved, though, for the City of Cape Girardeau, because Sec. 71.015.1(1), RSMo., requires that the area proposed to be annexed be "contiguous to the existing city". The Fruitland region is contiguous to the current City limits of Jackson. However, while the proposed area is within two miles, it is not "contiguous" to the City of Cape Girardeau. For that reason, while the property owners within the proposed area are required to petition for annexation to the City of Cape Girardeau because it is within a two-mile radius,:the City of Cape Girardeau cannot proceed with annexation of that area because it is not<contiguous to the City. For that reason, the City Council of the City of Cape Girardeau may either take no action whatsoever on the Petition for Annexation, or it may approve a motion to act unfavorably on that Petition. The residents of Fruitland cannot incorporate for one year from the date of the Petition for Annexation no matter which action is taken. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Since the Fruitland area is not contiguous to the City of Cape Girardeau, the City Council cannot act favorably on that Petition. For that reason, the City Council may either take no action on the Petition, or it may make a motion to act unfavorably on the Petition. ATTACHMENTS • Fruitland Annexation Petition RE EIVED JCAN6 2 4 2a011 TO THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI PETITION FOR ANNEXATION INTO THE CITY OF CAPE GIRARDEAU MISSOURI PURSUANT TO 472.130 R.S.MO. WHEREAS, since the mid 1800's there has been an area northwest of the City of Cape Girardeau, Missouri, and northeast of the City of Jackson, Missouri, known by the name of "Fruitland" that has existed as an established place; and WHEREAS, the residents of the established unincorporated place of Fruitland desire to incorporate as the Village of Fruitland the area described in Exhibit A, attached hereto and incorporated by reference as though fully set forth herein (hereinafter the "Area"); and WHEREAS, section 72.130 of the Missouri Revised Statutes requires prior to incorporation of any city, town, village or other area adjacent to or within two -miles of an existing city that there he a petition signed by a number of voters equal to fifteen percent of the votes cast in the last gubernatorial election in the area proposed to be incorporated presented to such adjacent existing city requesting that the boundaries of the existing city be extended to include the area proposed to be incorporated, and that incorporation may proceed if action taken thereon by the existing city is unfavorable to the petition, or if no action is taken by the existing city on the petition, after the expiration of one year from the date of the petition; WHEREAS, the Area is adjacent to or within two miles of the limits of the City of Cape Girardeau, a constitutional charter city; COMES NOW, the undersigned, being a number of voters equal to (or greater than) fifteen percent of the votes cast in the last gubernatorial election in the Area, hereby petitions the City Council of the City of Cape Girardeau, Missouri to extend the boundaries of the City of Cape Girardeau to include the Area. The undersigned voters pray that the City Council of the City of Cape Girardeau act in a timely manner on this petition pursuant to R.S.Mo. § 72.130, so that if the action taken hereon by the City of Cape Girardeau is unfavorable to this petition, further action may be promptly taken to incorporate the Area as a Village immediately upon the expiration of one year from the date of this petition, or sooner if provided by law, and upon favorable action by the County Commission of Cape Girardeau County on a lawful petition for incorporation as a village or otherwise. Respectfully submitted, THE UNDERSIGNED REGISTERED VOTERS OF THE AREA DESCRIBED HEREIN ON THIS -?+ DAY OF SO, kpr r—, 2010 RECEIVED JAN 24 2011 Map depiction u' f w, ... 0 y�f .tiA14 \��..TJYIs<Sy!t t i z t ,7q~y M1 i yy A � j. Y4 � ..FC 4�.N } � ✓ l LS 1 , �{'�AN V., arm . u y 'n rw ✓,! v _ sr: S '��Lt f <`f yhlyv G+.R 5;.. ' a5r _ls I3.iHA a Y M vrf V Y�♦1 *� s i- a; 'St'f jI f RECEIVED JAN 2 4 2011 Exhibit A RSMO. § 72.130 Petition for Annexation into the City of Cape Girardeau Missouri Legal Description A TRACT OF LAND BEING PART OF TOWNSHIP 32 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, ALL IN CAPE GIRARDEAU COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON UNITED STATES INTERSTATE "55" CENTERLINE AT STATION 692+85.8 BEING 4,198.4 FEET WESTERLY OF THE NORTHEASTERLY CORNER OF UNITED STATES SURVEY 2192 OF SAID TOWNSHIP AND RANGE; THENCE LEAVING SAID CENTERLINE SOUTH 68 DEGREES 15 MINUTES WEST 200 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID UNITED STATES INTERSTATE "55"; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY "FF"; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF UNITED STATES HIGHWAY "61; THENCE EASTERLY PERPENDICULAR TO THE CENTERLINE OF SAID UNITED STATES HIGHWAY "61" TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID UNITED STATES HIGHWAY "61"; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD #541; THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CENTERLINE TO THE NORTHEAST CORNER OF ARBOR TRAILS CORRECTED SUBDIVISION AS RECORDED IN PLAT BOOK 22, PAGE 4 OF THE CAPE GIRARDEAU COUNTY DEED RECORDS; THENCE LEAVING SAID CENTERLINE ALONG THE EASTERLY LINES OF SAID SUBDIVISION SOUTH 10 DEGREES 00 MINUTES 54 SECONDS EAST 692.04 FEET; THENCE SOUTH 79 DEGREES 59 MINUTES 06 SECONDS WEST 250 FEET; THENCE SOUTH 10 DEGREES 00 MINUTES 54 SECONDS EAST 60 FEET; THENCE NORTH 79 DEGREES 59 MINUTES 06 SECONDS EAST 250 FEET; THENCE SOUTH 10 DEGREES 00 MINUTES 54 SECONDS EAST 617.66 FEET; THENCE SOUTH 65 DEGREES 38 MINUTES 46 SECONDS WEST 203.83 FEET; THENCE SOUTH 28 DEGREES 13 MINUTES 59 SECONDS EAST 60.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY "177"; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE TO A POINT PERPENDICULAR TO THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY "177" WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY "W"; THENCE SOUTHEASTERLY TO SAID INTERSECTION POINT OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY "177" AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY "W"; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY "W" TO THE INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY "Y"; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY "Y" TO THE INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID UNITED STATES INTERSTATE "55" BEING ON THE EASTERN BOUNDARY LINE OF THE CORPORATE CITY LIMITS OF JACKSON, MISSOURI; THENCE NORTHWESTERLY ALONG SAID CORPORATE CITY LIMITS TO THE POINT OF BEGINNING- RS.Mo & 72130 Petition for Annexation of the "Area" in Exhibit A into the'tyWW6AN 2 4 2911 Girardeau Missouri as precondition for incorporation of such Area uQ(` Name and Signature of Registered Voter Address Number & Street or Box & Route & Trp Date Signed �c-- l� u d, f /, U w Qt 1 S Print Email (optional) - 2Signahne Print3 t cS2 75 / / a20 / - 'Signature i7� M/Aalt Evrbor--r_ Prior Email(optional)- 4. ee ti's. 9ignatn a !o a a r l -I w y lnl ..JT t)yce IN, 13ur)C�j prim 0 5 Ema;l (olSional)- '�%Q' Signana 4 ✓' 1 e� print Email (optional)- nlr&, r�i92s . 6. ` — Siptanae h43,51 msj. i. r V) „ . Prim Email (optional) - I 1 Print 1r7, i -5S Email Signatme �(optional)- il l' C-_� ♦ Print Email (optional) - y fa v Signature 10.3 E1, /J,� �-- q 14 Yr+Y'` L' 2 L 414 Print c 1<4 "1') �3-7ss Email (opltonal) - / �2G � Si 10. Signature t Y 1 1 i'i , Iyt/ Email (optional) - Print AFFIDAVIT OF CIRCULATOR Stale of Missouri ) ) ss. County of Cape Girardeau ) 1, lAyq/�_� �A/S, swear that Ne signatures on Page liras 1 through 10 of the R.S.IIto. § 72.130 Petition for Annexation of the "Arca^ io Ezhibit A loco the Cry m Cape Girardnu, Mismuri as precondition for incorporation of such Area were signed in my presence on the date shown, and that I believe each signer is the person whose name was signed and that he/she lives at the address given, and that hdsbe is a registered voter in the arra described in the R.S.Mo. § the City of Cape Girardeau, Missouri as precondition for incorporation of such An Subscribed and swum to before me, a notary public, this L day of Page L RECEIVED JAN 2 4 2011 Ity of Ca Ma� AFFIDAVIT Name and Signature of Registered Voter Address Number & Sfirrt Or BOX & Route & Zip Dao Sk-ed. Signature 3M qZ13,o2 //RobnCr 6C 0 r e Print Email (optional) - 5e e ? 3eo &K,: sign Print re I* �YA Email (.M ..D -L%:V;��-d�3 sixarac Z — Cd - Prim 9 Email (optional) - JL�� ""ec'm CL4, C - 4. sigrurvane pjm,�' Email (optional)- 5. i Signature Z Print Email (upUw) - 6. Signature Prim-,- Email(optimal)- mail(optimal)-7. 7. Signature Print Euw@(pptawa4-- 8: Sitmatmc Prim 'Email(optimal)- Email(optimal)-9. 9. Print Email (optional) - 10. sigmaxwe Print mail(optonal)- Email(optional)- AFFIDAVIT OF CIRCULATOR State of Missouri ) ss. County of Cape Girardearn 1,:174djE/- L i S swear that the signatures On Page -,I, lines I through 44 the RS.MO. § 7233' Petition for Annexation of the -ArW in Exhibit A into the City or Caw Qrardmu, lKlawari as precondition for incorporation of such Area WCrC signed in my presence an the date shown, and that I believe each signer is the person whoso nanna was signed and that Wtht lives at the addrtm given, and that hd5bc is a registered voter in the area described in the U.Mo. § 72:130 Pcq,t'on for Amxncati . no of the "A=7 in Exhibit A into the City of Cape Girardeau, lvlissoisi as preconditim for incorporation of such Ares. 4��Aa"t,011HIP 6�4 lopiaf:T F Subscribed and mom to before mc, a notary public, this day of 201 Page I - RECEIVED JAN 24 2011 RS.mo & 72 13o Petition for Annexation of the "Area" in Exhibit A into the City of Cape Girardeau Missouri as precondition for incorporation of such Area Name and Signature of Registered Voter Address Number & Sheet or Box & Route & Tp Date Signed Print Email (optinnal)- ' 2. Signature 23 23�z -. ( Fr _ / /Sl! H Print Email(optimal)- 3. Signature �7 / 2S `—On.[.er[Y 1 h_. �arpg�32''I'd Prim Emaii(optimal)- / A) 3 6^061d -4. - d. r Signature _ f-f-•V�Ql dt—Print /lZO12 if 5 Email (optimal)-,/ 6. Signature /[,r / /-// g,i/0,0 /" .] , ( ,�b /1/d,. Print Email(optional)- 6. Signal= rr 141 N nr� �o /cf l? r - AC f -r.. M U ((4:7 S S I I I r S et7 Print Email(optional)- 7. Sippmmn 529 C6))COg P t,d 5 , / ��`- i; ,IAA/ 10 Print Print /J -5A Ce 5; M/ iN0 63765 S / Email(optional)- 7� -?Oq Can Cob, A_ /)-7 Or Prim / Email(optional)- Sigmtoreo-+J�1 LA 'fk ICc�WI Email (uptimial) - 1 I % Prim Signaturr 30q <�' Lb t� I O 11C1M S Print Email (optional) - AFFIDAVIT OF CIRCULATOR State of Missouri ) ss. County of Cape Girardeau ) ( 1 I M O -N 5 " 7fr swear that the signatures on Page 3 lines I through 10 of the RS.Mo. § 72.130 Petition for Anecxation of the °Area in Exhibit A into the City of Cape Girardeau, Missouri as precondition for incorporation of such Ares were signed in my presence on the date shown, and that ( believe each signer is the person whose arae was signed and that he/she lives at the address given, and that helshe is a registered voter in the area described in the R.S.Mo. § 72.13 etilio for Anneuati n of the a "Area" in Exhibit A into the City of Cape Girardeau, Missouri as precondition for incorporation of such Area 1�(•��—br'--'c=� Subscribed and sworn to before me, a notary publiq this,, I day of pRY Fl(j6!% DEENA M. AN.EN =O ""• Gc;, M) Ca rticvbn Eltpres 1 ' `- =e• FftM4,2D13page Notary Public ,/y� �le,� DEAL : Cam ,Inraeeu CountY q . :� o �� yq/ 7 RECEIVED JAN 24 1011 R S Mo & 72.130 Petition for Annexation of the "Area" in Exhibit A into the Citv of Cape Girardeau Missouri as precondition for incorporation of such Area AFF WAVIT OF CIRCULATOR State of Missouri ) e[f ) ss. County o£ 1) L. 1,T 6y1tw5 Q r ef7zld'Lcar thal the signatms on Page)-, lines I through 10 of the R.S.Mo. § 72.130 Petition for Annexation of the "Area^ in Exhibit A into the City of Cape Girardeau, AUssouri as precondition for incorporation of such Area were signed in my presence on the date shown, and that 1 believe each signer is the person whose name was signed and that he/she lives at the address given, and that he/she is a registered voter in the area described in the R-S.Mu. § 72.130 Petition fpr Annexation of fhe/"/Area in Exhibit A into the City of Cape Girardeau, Missouri as precondition for incorporation 7oof/such Area. Subseribcd and sworn to before me, anotary public, this OY-Y day TDD—DL LPE YOLDT T Nc(xry Public- Notary seal Stst¢ of Mlssoun Lary public Page Canm�ssor,¢tl ;or Perry CoulltY Aly Commir!;n ,xpizs. Cctoher 03, 2014 ��Conrn!�^dor `L�be: . 14430038 Name and Signaturt of Registered Voter Adder Number & Street or Box & Route & Zip Date Signed 1.-, -Gt er Siprffiue Print 30,3 6e.i Dr,Je I Z- t IAO X3711 Email (optional) - 2. cC Signalm 363 Eli 6rii,)e I I c 1 pJ u t t i✓e Print 7i uln a 375 Email 3. 4J e Signature ,,((opttimal) -,Z6 r�C..l � • q- / ) /2 / _ K $ Print o r O ? S Email (optional) - 4. Signature 1/I GGI Email (optional))- i / Print 5. Signature y41P -�<�.� 3be(ol�ld Pl. � ?111 Print ptimal) Email- 6. J../ Signature 47/ F n^,/ z0yice, 7'� Print Email(optional)- 7_ Sipaboc 17H Fl)' IJ✓I,yt I-aa-i( � Print Y141) s S Ernail (optional) - d.c N_C g. Signature Print Email (opticmel) - j( — 4yk Y1 e I . f .Q� e/� Print 7acKTo.� /y1G G3 S_ Email (ophund)- to. ��pp ,[( ,, oC. Cu-Vt.a� /._Le-o.l,r/� Signature 1-77 ) - 2•.3 -) ) 0aOC (. A Up- 0. Sej -er _ - _ Print Sort MO (03755 Email (optionai) - AFF WAVIT OF CIRCULATOR State of Missouri ) e[f ) ss. County o£ 1) L. 1,T 6y1tw5 Q r ef7zld'Lcar thal the signatms on Page)-, lines I through 10 of the R.S.Mo. § 72.130 Petition for Annexation of the "Area^ in Exhibit A into the City of Cape Girardeau, AUssouri as precondition for incorporation of such Area were signed in my presence on the date shown, and that 1 believe each signer is the person whose name was signed and that he/she lives at the address given, and that he/she is a registered voter in the area described in the R-S.Mu. § 72.130 Petition fpr Annexation of fhe/"/Area in Exhibit A into the City of Cape Girardeau, Missouri as precondition for incorporation 7oof/such Area. Subseribcd and sworn to before me, anotary public, this OY-Y day TDD—DL LPE YOLDT T Nc(xry Public- Notary seal Stst¢ of Mlssoun Lary public Page Canm�ssor,¢tl ;or Perry CoulltY Aly Commir!;n ,xpizs. Cctoher 03, 2014 ��Conrn!�^dor `L�be: . 14430038 RECEIVED IAN 2 4 220j11' R S Mo & 72.130 Petition for Annexation of the "Area" in Exhibit A into the City of Cape A"` p Girardeau Missouri as precondition for incorporation of such Area Name and SiignaMre of Registered Vote Addr Number & Street or Bos & Route & Zip nate Signed D Ental (optional)- ( a GC/IG�Signauac a �.0 Prim aI(optional)- 3. 0 3— / Prim Email (optional Signature XSa'VPm1 1pr----r Email (optional) 5. Signature ` ��"J!/'�"{�,',h_ V¢ �- N JC _aK.Af"i3i�5— �, S' • / ;Tt9AJA��Sg /hP r k b� Prim Email (optimal) - f,. ature a A7 Am oP�ro Email (options) - 7. L .� /i XJ igrawm z // o/-6- Dr, S79i7i/JG ��/� f%t ,i r Mo l�a�s5 Email (optional) - g. _ svion e / /3 II!r6 A /1-k lam. Print 705 Email (optional) N� c C O , f IL, Print � Email (optimal) ,I. Signature i9 A �� �1 J Prim ac S Emil (optimal) ft, AFFIDAVIT OF CIRCULATOR State of Missouri ) ss. County of Cape Girardeau ) I, j/y5;,�,�yVAj,/pit , swear that the signatures on Page fir, lines I through 10 of the R-SMo- § 72.130 Petition for Amesatlon of the "Area^ to Eshibit A into the City of Cape Girardnu, Missouri ss precondition for incorporation of such Arca were signed in my presence on the date shown, and that I believe each signer is the person whose name was signed and that he/she lives at the address given, and that he she is a registered voter in the arca described in the R-S.Mo. § 72.130 Petition for Amrexation of the "Area" in Exhibit A into the City of Cape Girardeau, Missouri as precondition for incorporation of such Area . Subscribed and sworn to before me, a notary public, this th ' day of J V1 L1af 2014, ANNETfE KELPE� M& NPublic-No Seal STATE OFMISSCIURI Notary Public Page Cape Girardeau County MYG Commissionl0075440810 pI Agenda: March 7, 2011 Staff: John Richbourg, Finance Director SUBJECT Repayment of the Bonds Issued to Finance a Manufacturing Facility at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The bonds referenced above were issued in 2001 to construct a manufacturing facility at the airport. These bonds can be called on April 1, 2011 or any payment date thereafter. The use of the facility is currently restricted to manufacturing activities as the result of the current outstanding bonds being tax exempt. Repayment of these bonds would allow this building to be used for any aviation related activities. This could potentially make it easier to market the building that is currently leased by CPAC. As you know, CPAC is seriously delinquent in making required lease payments, and the City has begun the process of removing them from the building. The traditional way of paying off the current outstanding tax-exempt bonds would be to issue new taxable bonds. However, we can not issue new bonds related to that building as long as CPAC is delinquent on their lease payments and is in possession of that building. We will not be able to evict CPAC and issue bonds before the April 1, 2011 call date. As a result the use of this building would be restricted until the next payment date of October 1, 2011. We have examined several alternative ways of paying off the bonds on April 1, 2011. The one that is most beneficial to the City is to use a portion of the $2,000,000 that we just we received from the Isle of Capri. This would require an appropriation ordinance at the next Council meeting. This option is detailed below. BACKGROUNDIDISCUSSION The $2,000,000 from the Isle of Capri was originally planned to fund $1,000,000 in improvements to Broadway, a $323,000 repayment to the emergency reserve fund, and various other capital items currently included in the proposed Capital Improvement Budget. We are now proposing that the $2,000,000 be used as follows: (1) $1,693.500 would be used to payoff the bonds. This amount plus the debt service reserve from the original issue would be adequate for paying off the bonds. (2) $306,500 would be used to replenish the emergency reserve fund. Alternatively, the projects mentioned above could be funded as follows: (1) Improvements to Broadway could initially be funded by the TTP IV sales tax. Cash flow should be adequate to cover these costs until the TTF IV Fund could be reimbursed from funds received from the Casino after it is opened. (2) The remaining $16.500 that was planned to be repaid to the emergency reserve fund could be repaid as part of the 2011 — 2012 budget. (3) All other projects that were anticipated to be funded by the initial Casino revenue could be funded from revenues from the first year of the Casino's operation. If projects required funding prior the Casino's opening we could fund them using short-term intra fund loans which would be repaid with revenues from the first year of the Casino's operation. FINANCIAL IMPACT This option would result in no future debt service for the Airport Fund and would provide an approximate $260,000 reduction in debt service costs from our current budget. It will also allow us to the potential to produce revenue from the building immediately. Additionally, since no bonds would be issued, we would not be paying approximately $45,000 in issuance costs. There may be some minor loss of interest revenue to the TTP IV fund from the date that TTF funds are used until the date that these funds are reimbursed. This period should be no more than one year. Agenda: March 7, 2011 Staff: Kelly Green, City Engineer SUBJECT Request for City to participate in cost of rehabilitating pavement on Park West Heights Dr. EXECUTIVE SUMMARY The property owners of Park West Subdivision have requested that the City of Cape Girardeau partner in the cost of upgrading the private street. They believe that the City has an interest due to the fact that the City owned water tower sits on a lot adjacent to the subdivision. BACKGROUND/DISCUSSION Mr. Ron Clifton and Dr. I-Iaycraft discussed with the Engineering Division the deterioration of Park West Dr. They asked what our options were regarding improving the street. We discussed the opportunity to make the street a public street by bringing it up to standards and donating the appropriate right of way. The homeowners decided that this was cost prohibitive. The property owners then began to investigate the options of rehabilitating the street while keeping the street private. They determined that all surrounding property owners should be responsible for paying for the street improvements. Mr. Clifton asked if the City would be interested in participating in the cost of the improvements. In January 2011, the City responded to the request in a letter. The letter stated that the City would not participate in the project because the address of the property is along Gordonville Rd and because the City does not feel it is in the City's best interest to spend public dollars on private improvements. FINANCIAL IMPACT If the City does utilize public dollars to this project, the entire project will be subject to prevailing wage requirements. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Attached is a map of all private streets within the City. One can see that if the City participates in the cost of private streets, there is potential for many future requests. STAFF RECOMMENDATION As shown on the attached map of the subdivision property boundaries, the City does not own any portion of the street within the subdivision. The City does not use the private street as an entrance to the City's property in which the water tower resides. Staff recommends that the City does not expend public dollars to the improvement of this private street. ATTACHMENTS Map of Private Streets in the City of Cape Girardeau Mau of Park West Heights Dr with overlay of Subdivision Plat AINT FRANCIS MEDICALCENTER Ire% C�! Legend PARCELS •- •— STREET CENTERLINES Private Streets located in the City Limits 2122111 E` Ounty URio Dr rie _. .. •-►��►'� � ,i�` all L=' , ' IV �:r1 i oil s sry1C1 R� trill NOR _ =g Men S am ■�F Wy1 . LiN N Agenda: March 7, 2011 Staff: Gayle L. Conrad, City Clerk Appointment of two members to the Girardeau Goes Green Advisory Board for terms expiring July 1, 2012, and July 1, 2013. EXECUTIVE SUMMARY Ms. Jill Wicks and Mr. Dru Reeves. have submitted their letters of resignation from the Girardeau Goes Green Advisory Board. They were serving terms set to expire July 1, 2012, and July 1, 2013, respectively. In addition, there is presently an ex -officio position that is vacant due to the prior resignation of Kathleen Conway. The following individuals have expressed interest in serving on the Girardeau Goes Green Advisory Board, and their advisory board summary sheets are attached for your review. Sam Blackwell Paul Pfeiffer Tom Davisson Lisa Rose Adam Gohn Keith Sander Susan Ashley Ingram Bruce Skinner Timothy Lee Drew Wright BACKGROUND/DISCUSSION In April of 2009, the City Council adopted an ordinance creating the Girardeau Goes Green Advisory Board. The purpose of this board is to develop cost effective recommendations for how the Cape Girardeau City Government can: I . Reduce energy consumption 2. Improve energy use efficiency 3. Reduce the City's environmental impact 4. Participate in environmental projects 5. Enhance its sustainability 6. Serve as a role model by providing education information to the community As stated in the ordinance, the Council shall make every effort to appoint persons with a demonstrated interest in promoting environmental sustainability in City operations. To the extent available, the Board shall include professional members representing such disciplines as environmental science, engineering, resource management, transportation, public works, recreation, facilities management, construction, or any other field related to environmental science. In addition, every voting member of the advisory board must be a resident of the City of Cape Girardeau. However, if the city council makes a finding that special expertise is required, up to two (2) additional ex -officio members who are residents of Cape Girardeau County may also be appointed. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Two appointments to the Girardeau Goes Green Advisory Board for terms expiring July 1, 2012, and July 1, 2013, will appear on the March 21" City Council agenda for action. ATTACHMENTS • Advisory Board member roster • Advisory Board summary sheets CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees February 7, 2011 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Girardeau Goes Green Advisory Board Date Appointed Shaun McClintock July 6, 2009 Eric Redinger July 6, 2009 Vacant (Wicks) --- Marcus Janzow September 7, 2010 Kathleen Conway- Ex -officio July 6, 2009 Stephen Overmann- Ex -officio July 6, 2009 Debra Tracy- Ex -officio Council July 6, 2009 Vacant (Reeves) --- Walter White June 21, 2010 Glen Williams June 21, 2010 Date Reappointed Term Expires --- July 1, 2011 --- July 1, 2011 --- July 1, 2012 --- July 1, 2012 --- July 1, 2012 --- July 1, 2012 --- July 1, 2012 --- July 1, 2013 --- July 1, 2013 --- July 1, 2013 Serve three year terms appointed by Council. Two ex -officio members with special expertise residing in Cape Girardeau County can be appointed. Council membercan serve as ex -officio member. Meetings held second Tuesday of each month., 7:00 p.m., Cape Public Library. Purpose is to develop cost effective recommendations on how the City organization can reduce environmental impact, enhance its sustainability, and serve as a role model forthe region. Staff contact— Heather Brooks, -ssistant to City Manager, 3396320. CITY OF CAPE GIRARDEAU, MISSOURI ADVISIORY BOARD APPLICATION �/ I Name \ u e��w// 1( Telephone: Day Home Address 13 S, L D y i ^^ e r Evening E-mail Address C�C(CL"PI CC ✓�C' Mobile $ %— Year Current Residence in Cape Girardeau Began Current Employer and Position So v 7-LCa 5 7 - 5 So � ✓. b rc✓1`._. UN � ✓�, 5 ; 7� — l u `� �yyG7� % Previous Previous Em to ers and Positions S!9 d�4a a, Q (V� ct�)V— Number in priority orderthe Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment _ Board of Appeals _ Board of Examiners Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commisson _ Parks & Recreation Advisory Board _ Planning & Zoning Commission _ Public Library Board _ River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission Tree Board /� I Special Qualifications for specific board(s) (include past board service): Library/ e���veteet3� 1)✓��, c�.ew�) AI✓'n,-, r c9a r .'iv-4_va�. r���d alp (ari wVK,cv� State why you are interested in serving on this board: .1 t+�, MA. -e, 77A 13 Educational Background: _ rest/ wo LL T (Yu ILE 44 P d/, 2YQw �) Y , baC 0 V p —�/- Community Activities (Include offices held and committee service): Ze,.4 Meeting time(s) convenient for you: (Please check one in Aand one in B) A. Weekly Monthly Anytime /kk B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via email? 6 Yes ❑ No Would you like to attend a City Council Study Session when your ISI Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/comm' SigneDate ^ Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 637010617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Tom Davisson Home Address 412 N. Sunset Cape Girardeau, MO 63701 E-mail Address daviggf@hotmail.com Year Current Residence in Cape Girardeau Began 1985 Current Employer and Position community caring Council - Executive Director Telephone: Day 573-651-3747 ext 101 573-050-8317 Previous Employers and Positions upper-level management positions with the Southeast Region of the Missouri Division of Family Services Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners a V Girardeau Goes Green Advisory Board / ✓ Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board _ Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): member of Vision 2020 Community Relations council years State why you are interested in serving on this board: I want to be or service Educational Background: nSW, post graduate studies, numerous CEU's in a variety of areas Community Activities (Include offices held and committee service): none Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning A Noon __B_ Afternoon Evening Anytime Would you like to receive news from the City via e-mail? Yes No Would you like to attend a City Council Study Session when your V, Yes No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed_jjn., q-- Date 6 • ff' /d ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name AbAj,\ C:, G6H&I Telephone: Day 57S-170-0555 Home Address .1515 161 14- Sk Evening E-mail Address a)uMz�otin� h nail Mobile Year Current Residence in Cape Girardeau Began JA 0 1 Current Employer and Position b,x t 61ao5r T 1rrr\ Previous Employers and Positions (A gv B y If r F k. ss - Me k > S Irs hsmr k J Get a{ Cve t-i,Jrw -GIS 'cd.n-cia^ 0", C'/s CI bof Ce( — 5,&4+4ecrcA.1- (uJI Sbc Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board _ Parks & Recreation Advisory Board Board of Adjustment _ Planning & Zoning Commission _ Board of Appeals _ Public Library Board _ Board of Examiners _ River Campus Board of Managers Girardeau Goes Green Advisory Board Show Me Center Board of Managers _ Golf Course Advisory Board _ Special Business District Advisory Commission Historic Preservation Commission Tree Board Special Qualifications for specific board(s) (include past board service): k, e. r L P eoi nro �r1� 4 (C4i Je,ks' State why you are interested in serving on this board: Ca, to r Kd c, I vA Educational Background: Sc`< ,c> Sewd .01 (J )' Sz 2,oi 7,,!J N+o,- SSU C 16.J,lei ri-o15 Community Activities (Include offices held and committee service): Srrr« 0.b h Tr,'I dY Tess (roio ! oalt,ts C ku; r /), sbeli,VA4 m sic / Clink Qat i T e �, �4 S's�as at E soup M' su t, j L,Ir Wcr( Roca 1c w. • u< k r>F r 1 Fact'; tnr,zg yr Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly X Anytime B. Morning Noon Afternoon Evening x_ Anytime Would you like to receive news from the City via e-mail? I Yes ❑ No Would you like to attend a City Council Study Session when your Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed"'i Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Named Home Address 1 1 Z N M GCI r) � E-mailAddress 5051 1 �L\(jy q�Yaxn\(T Year Current Residence in Cape Girardeau Began Current Employer and Position aaf nt5-v NL Previous Employers and Positions ,Q c- C 11 _ Telephone: Day ( Evening (6`13 33 j ' 156- e� - hoVvne y ti Mobile (6'-M14 - 1 S I Number in priority order the Board(s) you are interested in serving on? . _ Airport Advisory Board _ Board of Adjustment —Board of Appeals Board of Examiners I Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commission I V -1 - _ Parks & Recreation Advisory Board _ Planning & Zoning Commission Public Library Board _ River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service):'b.5. Nak i CuQ IZP9e i y ce- CDnGcrya�1iov w cDr j�-e cl ac ra red -ears " G ��z�->' fr E Io, Lee l State why you are Educational Background: in serving on this board: 'iD r(A�-c o ­y4 of uc*j b V�- �� wz n,ezct-rr� 1�P rY�et�r� �e�vl'Ce- I Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime �' B. Morning Noon Alternoon _ Evening ./ Anytime Would you like to receive news from the City via e-mail? GY Yes ❑ No Would you like to attend a City Council Study Session when your ❑ Yes GJ'No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Date D (o, 08. ZOIO ** Board Nfer¢ber Summo$ Sheets are valid for one year from the date that they are signed. Return to tYc City Manager's Office, P.O. Bos 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Namei wyo�h / pp�e e— Telephone: Day 33 y- 02 'IS Home Address 5 3% D( wre '\ ry 3 cAi8F Evening 33c7- '7 6�, S E -mid Address pnw'eF lee n yn 'koo, cc M Mobile Zoo - 9 o y Year Current Residence in Cape Girardeau Began 0 Q Current Employer and Position "j -4\c, -Po o l c \�t oM(Se CL v rCLr 1 (}5 To (Z- Pi Z Previous Employers and Positions S E -L 1= - E:dv\p� C, 4e of I- „OSv�ge_, :-Si Number in priority order the Board(s) you are interested in serving on? li7 Airport Advisory Board Board of Adjustment Board of Appeals 1 . Board of Examiners Girardeau Goes Green Advisory Board 1 Golf Course Advisory Board L; Historic Preservation Commission z Parks & Recreation Advisory Board 3 Planning & Zoning Commission —L Public Library Board I t River Campus Board of Managers Show Me Center Board of Managers Co Special Business District Advisory Commission IZ Tree Board Special Qualifications for specific board(s) (include past board service): _M(55ou�. Drs -roc Home_ P�ss�oQs 9,�,,4-A State why you are interested in serving on this board: 7" ) �\eA �� aG�(J� t/�SerS O"� ��C My�-F�cs�� AfeoiC`rnr15 o�-Fcre� �y Ezt.rcationalBackground: fSCIAIAA-0c tcgfee- i� eA\ !' 1 Community Activities (Include offices held and committee service): C�avfl�ec o'P Corv,Aterc- Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? LY Ycs ❑ No Would you like to attend a City Council Study Session when your Mz Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed DateZ %'(a 1 2-0)0 *' Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Bos 617, Cape Girardeau, MO 63702-0617. Name 1 civ{ Home Address Z t L E-mail Address Year Current Residence in Cape Current Employer and Position _ CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Telephone: Day 3 A loos 00( Evening '.i t96o,', Mobile 314 f005 OKDO Began Z00 Employers and Positions n r hay' (A- Cv, Sv 14aNr r3- J+ - Number in priority order the Board(s) you are interested in serving on? V\ Z 1cy"t -tai r� r. r',3 �Pr k Dr. _ Airport Advisory Board _ Parks & Recreation Advisory Board —Board of Adjustment _ Planning & Zoning Commission _ Board of Appeals _ Public Library Board _ Board of Examiners _ River Campus Board of Managers Girardeau Goes Green Advisory Board _ Show Me Center Board of Managers Golf Course Advisory Board _ Special Business District Advisory Commission _ Historic Preservation Commission Tree Board ``(( Special Qualifications for specific board(s) (include ast boards rvice): CVY Pe4''' M_t2wc�G7f �Si.LinCnn��{ l�Yr?t-��U��Gi'aCV�1,_ C"Jk l�l'`�10. !'oto;n)S {')na,�'�.vt..n�...t�o� ��-_ .InhnUtaF1na,n "t'r3�-. �• State why you are interested in serving on this board: Educational Background: M e. offices held and committee service): mdY� Meeting time(s) convenient for you: (Please check one in Aand�one in B) A. Weekly_ Monthly_ Anytime 7 B. Morning _Noon _ Afternoon —Evening Anytime Would you like to receive news from the City via e-mail? ❑ Yes 15- Na Would you like to attend a City Council Study Session when your ElYes o application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) cot -15A "ve onths wresult in your position being automatically forfeited on the board/eQission. Signe Date '• Board Member Summ is e v lid for one year from the date that they are signed. Return to the City Manager`sOMoe, P.O. Box 617, Cape Girardeau, MO 63701-0617. Umv. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name L/ S Q /I o e--- home Address E-mail Address Year Current Residence in Cape Girardeauegan Current Employer and Position Previous Employers and Positio 110l 9 Z Ndf 03AI3038 Telephone: Day 5 7 3— 65-1-3 y� f p 3_ 7�/ Evening Mobile Number in priority order the Board(s) you are interested in serving on? Airport Advisory Roard Parks R Recreation Advisory Board Board of Appeals Public Library Board _ Board of Examiners _ River Campus Board of Managers Girardeau Goes Green Advisory Board Show Me Center Board of Managers Golf Course Advisory Board _ Special Business District Advisory Commission Historic Preservation Commission Tree Board Special ppQ..uaal/lifica�tioon1s1for specific board(s) (include past board service): _ � �n CD 1-C �{ofy/ --Q c!vk- n L)nd,,,c4-,,i-.1A li,l-e n %l.//Incl /.`/ /.. /...L...._ T 0. 1/I _ State why you are interested in Educational Background: Community Activities (Include offices held and committee service): 0 I Meeting time(s) convenient for you: (Please ch ck one in A and one in B) A. Weekly Monthly � Anytime B. Morning _ Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? ❑ Yes ❑ No Would you like to attend a City Council Study Session when your Q--Ves ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed �G Date e t t t s/- � `/** Board Member Summary Sheets are valid for one year from the date t at th /' are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. ECE)VED " ;y;t CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name r SR�DSLK Telephone: Day 9J_2 -1S -fa Home Address 7,1 & 13 &rlia 74t Evening 33�I -!SLU E-mail Address K566ht1B,-s'1GLn-vtl Mobile P37-4J,P9 Year Current Residence in Cape Girardeau Began hA_zt e 20o y Current Employer and Position Previous Employers and Positio Number in priority order the Board(s) you are interested in serving on? !/ Airport Advisory Board i Board of Adjustment 147 Board of Appeals Board of Examiners L Girardeau Goes Green Advisory Board Golf Course Advisory Board /Z- Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission S Public Library Board 7 River Campus Board of Managers 6 Show Me Center Board of Managers Special Business District Advisory Commission 13 Tree Board Special Qualifications for specific board(s) (include past board service): A& ! t Grn Crt Gp7 /D e /VO Jr�- OOfi��s'f- rLti9— n�c�,n Zsc� Jij✓<c Zfer/ State why you are interested in serving on this board: Educational Background: 3<J �✓ /ghd�— t9-5 IAI Community Activities (Include offices held and committee service): /te�>mt 15 d4y vi 11 a_ ! rid Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly Anytime B. Morning _ ,Noon —Afternoon , Evening Anytime Would you like to receive news from the City via e-mail? ff�Yes ❑ No Would you like to attend a City Council Study Session when your D --yes ❑ No .. application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences; or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission./ Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name: Bruce W. Skinner Telephone: Day573-651-2802 Home Address 1009 Dearmore Ct, 63701 Evening: 573-651-611 E-mail Address bskinner@semo.edu Mobile: 573-270-7518 Year Current Residence in Cape Girardeau Began: 1993-1997, 1999-2003, 2008 -present Current Employer/Position: Southeast Missouri State University, Director Residence Life/Dining Previous Employers and Positions • K -Mart — Operations Manager (Kansas City. MO) • Phar -mor Pharmacy— Pharmacist Technician (Kansas City, MO) Number in priority order the Board(s) you are interested in serving on? 1. Planning & Zoning Commission 2. Parks & Recreation Advisory Board 3. Girardeau Goes Green Advisory Board Special Qualifications for specific board(s) (include past board service): • 1 served on the Parks Board and Planning and Zoning Board for Chafee from 2004-2007 • Interned with City of Cape under Kent Braton in the City Planners Office • Thesis research focused on the use of Capital Improvements Planning by City Governments State why you are interested in serving on this board: I am very pleased to be raising a family in Cape and with my work at the University, educational background and my previous experience on similar board in Chafee; I feel I can contribute to our community. Educational Background: • Bachelors Degree in Political Science • Masters Degree in Public Administration • Doctorate in Education Policy Community Activities (Include offices held and committee service): • Cape West Rotary Member • Delta Chi Fraternity, President of Alumni Foundation • American Red Cross Volunteer • 2010 Census "I Count Committee" • Cape Girardeau Chamber of Commerce Member • Cape Bible Chapel Member Meeting time(s) convenient for you: (Please check one in A and one in B) A. Anytime B. Anytime Would you like to receive news from the City via e-mail? Yes (I already do) Would you like to attend a City Council Study Session when your application comes up for consideration? Yes By,signing this, document, you agree to serve and ajAend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months ill result in your position being automatically forfeited on the board/commission. Signed Date s�/v CITY OF CAPL uilx,. ADVISORY BOARD APPLICATIUty NameWv PT Telephone: Day. �—,�3'�_� V16 Home Address i-3-oy DAvip S,T Evening5- 3-45/'%a�� E-mail Address .DPEiy•yVR16HT d 64'<111- , COM Mobile j:? 3-5-�-3 - Year Current Residence in Cape Girardeau Began ( y y`/ Current Employer and Position >2El) L�7 &MMu+utGKlo/O.S — OIP, d C Won EE?Fw(E$ Previous Employers and Positions /,FVS 12 (tS Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board _ Planning & Zoning Commission Public Library Board _ River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qua] i fications foi speci fic beat d(s) (include past boat d set vice): PA5F /30fi2� X'Y�✓="�2JET1C� (nsccuncTC "v D" RFey(LE 2 )E my 7D 6!/41 6JA/6'L2[1WA_j 0Ci_tU.-r�. ti1C S&Pp010, A147WE &A.) Se2V.t77o�. l�aM£ En4326Y CO%JS&�V- 4-776v. State why you are interested in serving on this board: %hf P 51- (- j f��_ZNG C;'1OE / j{J/,� BECOME A L6A0, _E X eC W(E &ll.5 - 5_� L,el /!V— ?tE e-Af iii On. iAjv ,—r.-„ /r — C,9" , n; .. 0tlj/ ..r,— Educational Background:�� �SS COM MUu) C>YT70nI C - Community Activities (Include offices held and committee service): _Ji?(- STA�/��yEK7Z5lAl6 4- 1_'3eAa'7_7,v6 MCcting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anvoine B. Morningiloon Afternoon Evening Ani=lime Would you like to receive nays from the City via e-mail? ALPErtvy oN LIST. ❑ Yes ❑ No Would you like to attend a City COUnell Study Session when you ❑ Yes X\ No application comes at) for consideration? By signing this document. you agree to serve and attend regularly. Threc (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months. will result in your position being automatically forfeited on the board/commission. Signed a1�&,�t DatezZ :/60— ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the Cih- lYlanager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: March 7, 2011 Staff: Gayle Conrad, City Clerk SUBJECT Appointment of three members to the Historic Preservation Commission for terms expiring April 16, 2014. EXECUTIVE SUMMARY The terms of Mr. Scott House and Ms. Donna Grantham are set to expire April 16, 2011. Mr. House has expressed interest in being reappointed, but Ms. Grantham does not wish to continue on the commission. In addition, the ex -officio position held by Darryl Morgan as the Town Crier is also set to expire April 16, 2011. Staff has not been able to make contact with Mr. Morgan to see if he would like to be reappointed. A copy of the roster and attendance roster are attached for your information. BACKGROUND/DISCUSSION Regarding membership on the Commission, Section 30-117 of the City Code states, "...the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. " The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Bill Isbell Keith Sander Timothy Lee GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Unless directed otherwise, three appointments to the Historic Preservation Commission for terms expiring April 16, 2014, will appear on your next City Council agenda. ATTACHMENTS • Historic Preservation Commission Roster • Historic Preservation Commission Attendance Roster • Historic Preservation Commission Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees February 7, 2011 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. R. Scott House Donna S. Grantham Darryl Morgan (ex-officio/Town Crier) Sharon Giebler Nicholas Snyder Bill Eddleman, Chairman Dick Kent Withers Patti House (Appel) Charlotte Young Slinkard Robert Komorech Felix Kinsley (honorary) Historic Preservation Commission Date Appointed September 20, 2004 July 21, 2008 April 21, 2008 May 19, 2008 January 25, 2011 December 20, 2004 May 19, 2008 September 6, 2005 April 6, 2009 October 19, 2009 June 6, 2005 Date Reappointed Term Expires 3/21/05;5/5/08 April 16, 2011 --- April 16, 2011 April 16, 2011 4/6/09 April 16, 2012 --- April 16, 2012 4/17/06; 5/1/06; 4/6/09 April 16, 2012 4/6/09 April 16, 2012 4/2/07; 4/5/10 April 16, 2013 4/5/10 April 16, 2013 4/5/10 April 16, 2013 N/A Serve three yearterms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Commission administersthe Historic Preservation Ordinance and applications landmarks and historical districts. Staff contact- Ken Eftink, Director of Development Services, 339-6326. [Ord. 3841, ,20/07, members reduced from 1 I to 9]. HISTORIC PRESERVATION COMMISSION Attendance Record Ordinance effective 4/13/00 X = present, A = absent 2010 Jan 20 Feb 17 Mar 17 Apr 21 May 19 Jun 16 Jul Aug 12 18 Sep 15 Oct Nov 20 17 Dec 1st 2nd 3rd termi- 15 letter letter letter nated Bowen, Wayne P P N � M E House, Scott VV A A Komorech, Robert A P 07/28/09 11/20/09 09/22/10 12/20/10 Eddleman, Bill P P A A P P P 06/05/09 Giebler, Sharon P P P P P P P 2010 Jan 20 Feb 17 Mar 17 Apr 21 May 19 Jun 16 Jul Aug 12 18 Sep 15 Oct Nov 20 17 Dec 1st 2nd 3rd termi- 15 letter letter letter nated Bowen, Wayne P P N � M E P VV A A P A P 07/28/09 11/20/09 09/22/10 12/20/10 Eddleman, Bill P P A A P P P 06/05/09 Giebler, Sharon P P P P P P P Grantham, Donna P A P A P P P House, Patti P P E P P P A P House, Scott P P T N P P P A P Komorech, Robert P P P P P P A Slinkard, Charloette P P P P A P P Withers, Dick P P G P A P P P REGEiVED CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name %%,'n r /YJ• Tsdel�7 Telephone: Day ,S% Home Address E-mail Address — Year Current Residence in Cape Girardeau Began Current Employer and Position 02 do Previous Employers and Positions c 0-7/ s1 4 d�j/r �ja. r off ` Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board dt Golf Course Advisory Board 4 3—j<ofHistoric Preservation Commission 3f2 Parks & Recreation Advisory Board _ Planning & Zoning Commission -A Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission �1, Tree Board Special Qualifications for specific board(s) (include past board service): /fJ�7ff a�o z✓s-, S`r'ryl��', i�.f7�`>`�y'3-ar i lJ Co�%cam State why you are interested in serving on this board: ry/ c n 7 9i C/ 7i 2 or Educational Background: Community Activities (Include offices held and committee service): h7h� 1z.1- e1 Prc Ec!T7 " w� a%eel Meeting time(s) convenient for you: (Please check one in A and ne in B) A. Weekly Monthly Anyt me / B. Morning Noon Afternoon Evening Anytime Y Would you like to receive news from the City via e-mail? ❑ Yes 0 No Would you like to attend a City Council Study Session when your ( Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed //fez .,,_ /?��0� Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name i i rv\oA-/ pp�-e e ` Telephone: Day 33 L4- O iS L) Home Address L5 -3 D iwre 1�'f pr �)� 3 C/i?E Evening 3 - T5(iS E-inailAddress alas )W ec lee 12 \e to cc r' Mobile2-Q0 - 9 o g Year Current Residence in Cape Girardeau Began I O O Current Employer and Position 1r\(�-- Tb F'- Previous Employers and Positions 5 E7-1- F - E „c v ae :< f Number in priority order the Board(s) you are interested in serving on? 10 Airport Advisory Board 4�)_ Board of Adjustment Board of Appeals 1 Board of Examiners Girardeau Goes Green Advisory Board _ Golf Course Advisory Board r' Historic Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission I Public Library Board I t River Campus Board of Managers Show Me Center Board of Managers (o Special Business District Advisory Commission I2 Tree Board Sp,;cial Qualifications for specific board(s) (include past board service): _M 55ouc i%is+f- �comE /U155 on25 ' r�, Statewhyyou are interested in serving on this board: To �\E 1p CQ C 1 'Ta -f e- q rely i�e tloA ero� EdacationalBackground: t5cnc�e�pc �cGfee_ .v "j�ps�o5y Connnunity Activities (include offices held and committee service): C -,-v, M erc -e Me eting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? g--�Yes ❑ No Would you like to attend a City Council Study Session when your M -'Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed �') �" Date 7 2(o (2-D 10 ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. RECEIVED CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name �°i/TNC. 5n4N/P Telephone: Day 9-3,2-/Sfo HomeAddress (o /3 ! LyiryOGt� Evening 33,t -/SGU E-mail Address /'SCChC/e/ f/��l�jop.Cyr>'t Mobile eJ7 &7.P9 Year Current Residence in Cape Girardeau Began HZE 161 (FM 6A-c<e ?gyp y Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? !/ Airport Advisory Board i Board of Adjustment Board of Appeals 9 Board of Examiners L Girardeau Goes Green Advisory Board Golf Course Advisory Board /2 Historic Preservation Commission 'Y Parks & Recreation Advisory Board f� Planning & Zoning Commission S Public Library Board River Campus Board of Managers 4 Show Me Center Board of Managers Special Business District Advisory Commission /3 Tree Board Special Qualifications for specific board(s) (include past board service): /vo07. cl, vte-M6e�- Jih/<c State why you are interested in serving on this board: 1 i 2d�L�Gd �- %`ice:! !✓ /«� yS ,� fi.Ly�d�e il,+- 3cr,�, r � Educational Background: 39" QS /n/ A1L4vst. ,1,',Ae — S��n Lc LG </G�i sfGtL JG � Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly! Anytime B. Morning _Noon -Afternoon , Evening Anytime Would you like to receive news from the City via e-mail? Yes ❑ No Would you like to attend a City Council Study Session when your ,LD Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences; or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission./ Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: March 7, 2011 Staff: Gayle Conrad, City Clerk Appointment to the Town Plaza Community Improvement District Board of Directors EXECUTIVE SUMMARY On April 2, 2007, the City Council adopted Ordinance No. 3804 establishing the Town Plaza Community Improvement District and appointing five individuals to the initial Board of Directors. A copy of the current roster is attached for your review. Mr. Scott Campbell's term on the Board of Directors is scheduled to expire April 2, 2011. Pursuant to the governing documents of the Community Improvement District, members of the Board of Directors of the District are appointed by the Mayor with the consent of the City Council. BACKGROUND/DISCUSSION Ms. Stephanie Griese of the law firm Armstrong Teasdale in St . Louis, Missouri, who is one of the attorneys representing the Town Plaza Community Improvement District, has requested that Mr. Campbell be reappointed to the Board of Directors for a term to expire April 2, 2014. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Unless directed otherwise, one appointment to the Town Plaza Community Improvement District Board of Directors will appear on the March 2151 City Council agenda. ATTACHMENTS • Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees February 7, 2011 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Town Plaza Community Improvement District Members appointed by city serve three year term s, appointed by Mayor with consent of City Council. Board of Directors shall be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within the proposed District or operator of a business operatingwithin the proposed District. Date Appointed Date Reappointed Term Expires Scott Campbell, Vice Chairman April 2, 2007 --- April 2, 2011 Dan Barnard, Treasurer April 2, 2007 --- April 2, 2011 Tom Foote, Chairman May 19, 2008 1/20/09 April 2, 2013 Bill Zellmer, Secretary April 2, 2007 1/20/09 April 2, 2013 Sharon Sommer April 5, 2010 --- April 2, 2013 Members appointed by city serve three year term s, appointed by Mayor with consent of City Council. Board of Directors shall be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within the proposed District or operator of a business operatingwithin the proposed District.