HomeMy WebLinkAboutP&Z.Agenda.02-10-2021CITY Of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
WEDNESDAY, TEBR VARY 10, 2021
7:00 p.m.
City Hall, 401 Independence Street
Council Chambers
Scott Blank Kevin Greaser, Chairman Derek Jackson
Bruce Skinner Ed Thompson, Vice Chairman Melissa Stickel
Sid Whittington Patrick Koetting, Secretary Deborah Young
Call to Order.
Approval of minutes of the January 13, 2021 meeting.
Appearances regarding items not on the agenda.
REZ®NINES, SPECIAL USE PERMITS. AND EXCEPTIONS
1. Public hearing on the request of McDonald's USA, LLC for an exception from Development
Code Section 25-911(b)(1), driveway throat length, at 1701 North Kingshighway.
ACTION TAKEN: Approved Approved with Conditions
Denied Tabled
2. Public hearing on the request of McDonald's USA, LLC for an exception from Development
Code Section 25-804(a), street landscaping strip, at 1701 North Kingshighway.
ACTION TAKEN: Approved Approved with Conditions
Denied Tabled
SUBDIVISIONPLATS
3. Cape West 18th Subdivision Record. Plat.
ACTION TAKEN:
401 Independence St
Recommended Approval Recommended Approval with
Conditions
Recommended Denial Tabled
Cape Girardeau, MO 63703
cityofcape.org
Page 1 of 2
573-339-6327 Tel 573-339-6303 Fax
CITY Of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
OTHER ITEMS AND COMMUNICATION
Rules of Procedure.
Commission Communication.
Staff Communication.
• Update on items from previous Commission meetings going on to City Council.
• Update on Transportation Trust Fund (TTF) Projects.
Adjournment.
The Planning & Zoning Commission of the City of Cape Girardeau, Missouri, may, as a part of a regular meeting or a
special meeting, hold a closed session in the Council Chambers to discuss legal actions, causes of legal action or litigation,
leasing, purchasing or sale of real estate, or confidential or privileged communication with its attorneys, pursuant to
RSMo. Sections 610.021 (1) and 610.021 (2).
NOTE: Subdivision plats recommended for approval or denial by the Planning & Zoning Commission
tonight will be presented to the City Council at its meeting on Monday, February 15, 2021,
unless there are outstanding staff review comments.
Development Code exception requests are decided by the Planning & Zoning Commission.
They do not go on to the City Council.
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401 Independence St Cape Girardeau, MO 63703 573-.339-6327 Tel 573-339-6303 Fax
cityofcape.org
Page 2 of 2
CITY
CI�CC]i:7_1:77
AGENDA
PLANNING & ZONING COMMISSION
(Revised)
PLANNING & ZONING COMMISSION
WEDNESDAY, FEBRUARY 10, 2021
7:110 p.m.
1n an e/fiat to keep our cnrmramtty. Commission members, and staai# sale during inclement r,rather, Deis
meeting iiill he conducieed virtually anng the Zoom online pla foi ni,
Cir -en., gill he able to view and puracilwle in the meeting via the Zoom appAi ehate Citizens that wish to
slxak fnor against an item orf the agenda must contact the Planning Servicer Office by Wednecdu)•,
Pehn.ary 10, 2021 at 3:00 p.m. r, have the opporlinal to speak or to have their input shared during the
meeting. Citi -ens mac muhinit comments via email to ci lannina¢c� or by phone at 0-3)
339-632'.
Participants u•ho are not a Planning & Zoning Commission member or (in stq# narw have (heir video
feature disabled to lhr, all ('ommieaion meenheca to he seen on the video during the meeting. The link to the
meeting is M...
https://usd2web.zoom.0✓i/83985322912 o,Dial (312)626-6'-99 Meering lD:83985322911
Sant Blank
Resin Greaser, Chairman
Merck Jncksm
Melissa Stickel
kd Thompson, Fire Chairman
Sid ihhimnpou
Ucbornh Voung
Yatriek Koerting, Si,rtm,
Call to Order.
Approval of minutes of the January 13, 2021 meeting.
Appearances regarding items not on the agenda.
REZON/NCS, SPECIAL USE PERMITS, AND EXCEPT/ONS
I. Public hearing on the request of McDonald's USA. LLC for an exception from Development
Code Section 25-911(6)(1), driveway throat length, at 1701 North Kingshighway.
ACTION TAKEN: Approxed Approved with Conditions
Denied "Fabled
2. Public hearing on the request of McDonald's USA. LLC for an exception from Development
Code Section 25-904(a). street landscaping strip, at 1701 North Kingshighway.
ACTION I AKEN: Approved Approved with Conditions
Denied Tabled
401 Independence St Cape Girardeau, MMO 53703 573-339-6327 Tel 573-339-6303 Fax
cilyofeape. org
Page I of
J�1�IAY\
CITY OJ CAPE GIRARDEAU
PLANNING 6 ZONING COMMISSION
SUBDIVISION PLATS
3. Cape West 19"' Subdivision Record Plat.
ACTION I AKIN: Recommended Approval Recommended Approval with
Conditions
Recommended Denial Tabled
OTHER ITEMS AND COALUUNICA TION
Rules of Procedure.
Commission Appointment Recommendation.
Commission Communication.
Staff Communication.
• Update on items from previous Commission meetings going onto City Council.
• Update on Transportation Trust Fund ( IF) Projects.
Adjournment.
******************
l he Planning & Zoning Commission of the Cin of Cape Giradeau, %Ilssuari. mac. as a purl of a reeular mectinn or a
special muting, hold a closed session in the Council Chanhem to discuss legal action, cause' or legal action or litigation,
leasing purchasing o' sale of Rrel evmte. or confidential or privileged communication with its allorneys. punumu to
RSblo. Sections 61111121 (1)and 610.021 (2).
* * * * * * * * * * * * * * * * * *
NOTE: Subdivision plats recommended for approval or denial by the Planning & Zoning Commission
tonight will he presented to the City Council at its meeting on Monday, February 15, 2021.
unless there are outstanding staff review comments.
Development Code exception requests are decided by the Planning & Zoning Commission.
The, do not ao on to the Citv Council.
401 Independence St Cape Girardeau, 163703 5]3-339632] Tel 5]3-339-6303 Fax
cityofcape. arg
Page i q) 2
CITY of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
PLANNING & ZONING COMMISSION
MEETING MINUTES
D January 13, 2021
Zoom Online Video Conference
Present: Kevin Greaser, Derek Jackson, Patrick Koetting, Bruce Skinner, Melissa Stickel, Ed
Thompson, Sid Whittington, Deborah Young
Absent: Scott Blank
Staff Present: Carol Peters, Ryan Shrimplin, Dustin Ziebold
Call to Order
Chairman Skinner called the meeting to order at 7:00 p.m.
Approval of Minutes
The minutes of the December 9, 2020 meeting were unanimously approved upon a motion
made by Mr. Koetting and seconded by Mr. Thompson.
REZONINGS SPECIAL USE PERMITS AND EXCEPTIONS
A public hearing was held on the request of Rob Younghouse to rezone property located at
1246 and 1248 Meadowbrook Lane from M-2 (Heavy Manufacturing/Industrial District) to M-
1 (Light Manufacturing/Industrial District). Mr. Greaser recused himself from the discussion
and vote due to a business relationship with the applicant. Mr. Younghouse was in
attendance to present the request. He explained that he is requesting the rezoning in order
to make the property more marketable for commercial leasing.
A staff report was submitted to the Commission, which recommended approval of the
rezoning request.
Chairman Skinner opened the public hearing and, seeing no appearances to speak, closed
the public hearing. A motion was made by Mr. Koetting and seconded by Ms. Stickel to
recommend approval of the rezoning request. The motion passed with a roll call vote of 7 in
favor, 0 in opposition, and 1 abstaining. (Aye: Jackson, Koetting, Skinner, Stickel,
Thompson, Whittington, Young; Abstain: Greaser)
OTHER ITEMS AND COMMUNICATION
FY 2021-2026 Capital Improvement Program
Mr. Shrimplin explained that under State law, when a planning commission adopts a
comprehensive plan, the commission's approval is required for any new or modified public
street, facility, or utility. In order to comply with this requirement, the City staff will annually
present the Capital Improvement Program (CIP) to the Commission for approval prior to
adoption by the City Council. Mr. Shrimplin then introduced Dustin Ziebold, who was recently
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 13, 2021
Page 2 of 3
hired as the City's Finance Director. Mr. Ziebold gave a presentation on the FY 2021-2026
Capital Improvement Program. A motion was made by Mr. Whittington and seconded by Mr.
Greaser to approve the FY 2021-2026 Capital Improvement Program. The motion passed
unanimously.
Rules of Procedure Amendment
Mr. Shrimplin explained that the City Council recently changed the term limit for the City's
advisory boards from three (3) full consecutive terms to two (2) full consecutive terms. Staff has
prepared an amendment to the Commission's Rules of Procedure pursuant to this change. He
explained that the amendment includes other revisions for the purposes of clarification and
standardization, noting that staff will be doing the same for the Historic Preservation
Commission and the Board of Adjustment. The Rules state that amendments may be
introduced at any meeting of the Commission and voted on at any subsequent meeting. He
asked the Commission members to review the amendment prior to the next meeting.
Election of Officers
The Commission held its annual election of officers. Chairman Skinner stated that his teaching
responsibilities have increased, so he does not wish to be re-elected as Chairman. A motion
was made by Mr. Thompson and seconded by Mr. Koetting to elect Mr. Greaser as Chairman.
A motion was made by Mr. Greaser and seconded by Mr. Koetting to elect Mr. Thompson as
Vice Chairman. A motion was made by Mr. Greaser and seconded by Mr. Jackson to elect Mr.
Koetting as Secretary. Each of the motions was unanimously approved.
Commission Communication
Chairman Skinner welcomed Mr. Whittington to the Commission. Mr. Whittington stated that he
appreciates the opportunity to see the city grow, and he has a desire to serve the community.
Staff Communication
Mr. Shrimplin gave the following updates:
1. Update on items from previous Commission meetings going on to City Council
The City Council approved the following on December 15, 2020 (special meeting):
• The Highlands at Hopper Crossing — Phase 2 Record Plat — 2"d & 3rd
Readings
• Prairie Farms Subdivision Record Plat — 2"d & 3rd Readings
The City Council approved the following on December 21, 2020:
• Zoning of annexed property adjacent to Cape Girardeau Regional Airport —
2"d & 3rd Readings
• Rezoning of property at 319 North Main Street — 2"d & 3rd Readings
• Rezoning of property at 4210 and 4250 State Highway K 2"d & 3rd Readings
• Rezoning of property at 825 South Ellis Street - 2"d & 3rd Readings
• Rezoning of property at 2979 Beavercreek Drive —1St Reading
City of Cape Girardeau
3 Planning & Zoning Commission
r Meeting Minutes
January 13, 2021
Page 3 of 3
• Cape West 17th Subdivision Record Plat —1St Reading
The City Council approved the following on January 4, 2021:
• Rezoning of property at 2979 Beavercreek Drive — 2nd & 3rd Readings
• Cape West 17th Subdivision Record Plat — 2nd & 3rd Readings
• Zoning of annexed property at 4178 State Highway K— Ist Reading
2. Update on Transportation Trust Fund (TTF) Projects
Transportation Trust Fund 5 (TTF5)
• Fountain Street from William Street to Independence Street — The City
Manager is discussing the project with the City Council to determine the next
course of action.
• Independence Street from Gordonville Road/East Rodney Drive to Caruthers
Avenue — Staff is continuing negotiations with the affected property owners.
• Main Street from Roberts Street to East Cape Rock Drive — Staff has started
the acquisition process.
• Sprigg Street from William Street to Broadway — Based on the results of the
traffic study, a dedicated right turn lane for southbound North Sprigg Street at
William Street is not warranted. Staff will focus on making improvements at
the southwest corner of this intersection instead. The consultant is looking at
pavement core samples.
• West End Boulevard from Rose Street to Bertling Street — The project is in
the final stages of acquisition.
Adjournment
There being no further business, the Commission voted unanimously to adjourn the meeting at
7:45 p.m. upon a motion made by Mr. Koetting and seconded by Ms. Stickel.
Respectfully submitted,
Kevin Greaser, Secretary
1 1 �1: 1�1 C1�► �C17:
APPLICANT:
11*11fol Do 1 /
Exception Request
1701 North Kingshighway
McDonald's USA, LLC
Rhodes Properties, LC
Section 25-91 l(b)(1), driveway throat
length,
and
Section 25-804(a), Street Landscaping
Strip
CITE' of CAPE GIRARDEAU
COMMUNITY DEVELOPMENT
TO: Planning and Zoning Commission
FROM: Ryan Shrimplin, City Planner (Z&
MEETING DATE: February 10, 2021
SUBJECT: Exception Requests for Property at 1701 North Kingshighway
An exception application has been submitted for the property at 1701 North
Kingshighway, which is zoned C-2 (Highway Commercial). The applicant is requesting
exceptions from the following sections of the Development Code (Chapter 25 of the
City's Code of Ordinances):
Section 25-911(b)(1)
Driveway throat length
(multifamily residential
and nonresidential uses)
Section 25-804(x)
Street landscaping strip
Requirement
Minimum length of 50
feet adjacent to a local
or collector street
Requirement
Minimum width of 10
feet; must contain
ground cover and at
least 4 different plant
types
Request
Approval of a reduced
driveway throat length in
the southwest corner of
the site as shown on the
site plan included with
the application
Request
Approval of a reduced
street landscaping strip
width along North Mount
Auburn Road and North
Kingshighway as shown
on the site plan included
with the application
The Development Code authorizes the Planning and Zoning Commission to grant
exceptions in accordance with Section 25-113(b). In order for art exception request to
be approved, the Planning and Zoning Commission must consider and make findings of
fact with regard to certain criteria. Staff has reviewed the criteria and made the
following determinations:
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401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax
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CITY of CAPE GI EAU
COMMUNITY DEVELOPMENT
DRIVEWAY THROAT LENGTH
Criterion #1: As part of the exception request, a "substantial equivalent" is proposed.
"Substantial equivalent" means an alternate design, method or feature that
accomplishes the same purpose as the applicable Development Code requirement.
Findin : The primary purpose of the driveway throat length requirement is to
ensure sufficient stacking room for vehicles entering and exiting via the driveway.
The driveway in question is one-way (exit only). There are two other driveways
serving the site, both of which are two-way (enter and exit). The exit -only
designation of the driveway in question and the provision of additional driveways,
which will allow exiting traffic to disperse, serve as a substantial equivalent
because fewer stacking spaces will be needed for the driveway in question.
Criterion #2: Approval of the exception request is consistent with the general spirit and
intent of the Development Code.
Finding: The substantial equivalent proposed by the applicant ensures fairness
among property owners and tenants, which makes approval of the exception
request consistent with the general spirit and intent of the Development Code.
Based on the above findings, staff recommends approval of the exception request.
STREET LANDSCAPING STRIP
Criterion #1: As part of the exception request, a "substantial equivalent is proposed.
"Substantial equivalent" means an alternate design, method or feature that
accomplishes the same purpose as the applicable Development Code requirement.
Finding: The primary purpose of the street landscaping strip requirement is to
visually enhance the areas between parking spaces and the public right-of-way
when the spaces are in close proximity to the right-of-way. The visual
enhancement is in the form of plantings. A minimum width of 10 feet is required
for the street landscaping strip in order to provide sufficient room for the
plantings, including the root systems. In lieu of providing the minimum width, the
applicant is proposing to install a white 3 -rail fence where the plantings are
required along North Mount Auburn Road and North Kingshighway. This
qualifies as a substantial equivalent because the fence is decorative in nature
and will effectively serve as a visual enhancement. However, staff feels it is still
important to provide the plantings on the site, especially since there are other
areas along the right-of-way where they could be planted.
Criterion #2: Approval of the exception request is consistent with the general spirit and
intent of the Development Code.
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401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax
cityofcape.org
CITY of CAPE GIRARDEAU
COMMUNITY DEVELOPMENT
Finding: The substantial equivalent proposed by the applicant ensures fairness
among properly owners and tenants, which makes approval of the exception
request consistent with the general spirit and intent of the Development Code.
Based on the above findings, staff recommends approval of the exception request,
subject to the following conditions:
The final design and location of the proposed fence shall be subject to approval
by the City staff; and
2. Any plantings required -for the street landscaping strip that are not planted therein
shall be planted elsewhere on the site, with the types and locations of the
plantings subject to approval by the City staff.
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EKc epUon eequss� - 1701 North Kingshighway
Exceptions requested from Section 25-911(b)(1), driveway throat length
and Sec. 25-804(x), Street Landscaping Strip
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Created by: Development Services
Carol Peters g ,
January 26, 2021 ';
DEVELOPMENT CODE EXCEPTION APPLICATION
CITY ®�//$/� CAFE GIRARDEAU
DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327
Property Address/Location
1701 N. Kingshighway
Applicant
Property Owner of Record (if other than Applicant)
McDonald's USA LLC
Rhodes Properties, LLC
Mailing Address
City, State, Zip
Mailing Address
City, State, Zip
1801 West End Avenue
Nashville, TN 37203
Telephone
Email
Telephone
Email
502-303-4457
Robert.Keesaer@us.mcd.com
Contact Person (If Applicant is a Business or Organization)
(Attach additional owners information, if applicable)
Robert Keesaer
Section of the Development Code from which the exception is
requested C-2
Describe the nature of the exception request.
Due to the site limitations and parking count requirements, the request is for a decreased clear throat
depth.
Application continues on next page
OFFICE USE ONLY 9 j
Date Received & By File# I° i_! MUNIS Application #MUNIS Permit #
Application Fee Received $ ❑ Check # ❑ Credit Card ❑ Cash
Planning & Zoning Commission Action ❑ APPROVED AS REQUESTED ❑ APPROVED WITH CONDITIONS ❑ DENIED Date
Revised 12/06/2019
Exception Criteria
Explain how the exception request meets the criteria below. Attach additional sheets, if necessary.
1) As part of the exception request, a substantial equivalent is proposed. "Substantial equivalent" means an alternate
design, method, or feature that accomplishes the same purpose as the applicable Development Code requirement, or
results in a significant public benefit.
The substantial equivalent is the driveway will be an exit only.
2) Approval of the exception request is consistent with the general spirit and intent of the Development Code.
The request is in general spirit by providing an acceptable alternate, exit only.
ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted:
REQUIRED ✓ Application fee ($75.00 per section, payable to City of Cape Girardeau)
7 List of adjacent property owners (see Instructions for requirements)
✓ One (1) set of mailing envelopes, stamped and addressed to adjacent property owners
See Instructions for more ✓ One (1) set of supporting documents sufficiently depicting the location of the requested
information. exception and any proposed improvements
✓ One (1) set of current photos of the property
CERTIFICATIONS
The undersigned hereby certifies that:
1) They are the Property Owner(s) of Record for the property described in this application;
2) They acknowledge that the exception, if approved, will be valid for a period no greater than one hundred eighty (180) days
from the date of approval, unless within such period the required permits are obtained and the work is commenced and
pursued diligently toward completion, or an extension has been granted; and
3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to
commencing any use or work on the property.
�. 1-11-21
Property Owner of Record Signature and Printed Name Date
(Provide additional owners signatures and printed names in the space below, if applicable)
The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application
on their behalf, and that the Property Owner(s) of Record hereby agree to the above certifications.
1-11-21
Applicant Signature and Printed Name Date
Revised 12/06/2019
/
1 DEVELOPMENT CODE EXCEPTION APPLICATION
°0. CITY Of CAPE GIIRARDEAI
DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327
Property Address/Location
1701 N. Kingshighway
Applicant
Property Owner of Record (if other than Applicant)
McDonald's USA LLC
Rhodes Properties, LLC
Mailing Address
City, State, Zip
Mailing Address
City, State, Zip
1 801 West End Avenue
Nashville, TN 37203
Telephone
Email
Telephone
Email
502-303-4457
Robert.Keesaer@us.mcd.com
Contact Person (If Applicant is a Business or Organization)
(Attach additional owners information, if applicable)
Robert Keesaer
Section of the Development Code from which the exception is
requested C-2
Describe the nature of the exception request.
Due to the site limitations, the request is replace the parking lot street landscaping strip with a white
3 -rail horse fence.
Application continues on next page
OFFICE USE ONLY ,e yry
Date Received & By Z 1'�� . f File # 0 MUNIS Application # I l� MUNIS Permit #
Application Fee Received $ ❑ Check #❑ Credit Card ❑ Cash
Planning & Zoning Commission Action ❑ APPROVED AS REQUESTED ❑ APPROVED WITH CONDITIONS ❑ DENIED Date
Revised 12/06/2019
Exception Criteria
Explain how the exception request meets the criteria below. Attach additional sheets, if necessary.
1) As part of the exception request, a substantial equivalent is proposed. "Substantial equivalent" means an alternate
design, method, or feature that accomplishes the same purpose as the applicable Development Code requirement, or
results in a significant public benefit.
The request to replace the landscaping strip with a fence will provide sufficient visibility screen per
the Development Code requirement
2) Approval of the exception request is consistent with the general spirit and intent of the Development Code.
The request will provide an aesthetically appealing alternate to landscaping
ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted:
✓ Application fee ($75.00 per section, payable to City of Cape Girardeau)
REQUIRED ✓ List of adjacent property owners (see Instructions for requirements)
✓ One (1) set of mailing envelopes, stamped and addressed to adjacent property owners
See Instructions for more ✓ One (1) set of supporting documents sufficiently depicting the location of the requested
information. exception and any proposed improvements
✓ One (1) set of current photos of the property
CERTIFICATIONS
The undersigned hereby certifies that:
1) They are the Property Owner(s) of Record for the property described in this application;
2) They acknowledge that the exception, if approved, will be valid for a period no greater than one hundred eighty (180) days
from the date of approval, unless within such period the required permits are obtained and the work is commenced and
pursued diligently toward completion, or an extension has been granted; and
3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to
commencing any use or work on the property.
1-11-21
Property Owner of Record Signature and Printed Name Date
(Provide additional owners signatures and printed names in the space below, if applicable)
The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application
on their behalf, and that the Property owner(s) of Record hereby agree to the above certifications.
Applicant Signature and Printed Name Date
Revised 12/06/2019
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Q KEY NOTES
1. NEWASPHALT PAVEMENT (REFER TODETAIL 7/S01)
2. NEWCONCRETE PAVEMENT (REFER TO DETAIL 21 S01)
3. ADACOMPUANTSIDEWALI((REFERTOCETAIL31S0.lI
4. W HEADER CURB (REFER TO DETAIL/80.1)
6. CURB AND CUTTER (REFER TO DETAIL 5150.1)
6. VAN ACCESSIBLE HANDICAP STALL
7. STANDARDACCESSISLE HANDICAP STALL
B. CURB RAMP WITH CURB REVEAL (REFER TO GRADING PLAN)
9. 3 -LOOP WAVE STYLE BIKE RACK (5 BIKE CAPACITY), (REFER TO
MANUFACTURER'S INSTALLATION REQUIREMENTS)
10. GUARDRAIL (REFER TO DETAIL 101 SO -1)
11. PIPE BOLIARO(REFER TO DETAIL 81601)
12. HANDICAP PARKING SIGN IN BOLLARD MATH POLY SLEEVE(I VAN ACCESSIBLE
AND 1 STANDARD) REFER TO DETAIL 7l SQI
13. PRIMARY MENU 80ARD(REFER TO DETAIL I/602)
14. PRIMARY SPRI NGBOARD CANOPY (REFER TO DETAIL 2 150.4)
15. SECONDARY MENU BOARD (REFER TO DETAIL ti 802)
16. SECONDARY SPRINGBOARD WITH CANOPY (REFER TO DETAIL 2/804)
17. LOOP DETECTOR (REFER TO DETAIL 31 SDE). SEE OETAIL2/80,3 FOR DRIVE
THRUSITEWWRING
18. DOUBLE GATEWAY SIGN (REFER TO DETAIL 1156-0)
19. 'DRIVE THRL3' PAVEMENT MARKING WITH DRIVE THROUGH ARROW (REFER TO
DETAIL9180-1)
20. 'THANK YOU' PAVEMENT MARK] NO WTH B' YELLOW STRIPE(REFER TO DETAIL
9180.1)
21. PAVEMENT MARGNGS(REFER TO DETAIL 91601)
22. RES ERVED ORIVE.THRU SIGN (REFER TO DETAIL 4/SD-3)
23. PRE -BROWSE BOARD (REFER TO DETAIL 21 SO4)
24. 6• MERGE STRIPE (REFER TO MCDONALOS STANDARD DETAILS)
25, 'PLEASE HAVE YOUR PAYMENT READY'SO-LARD SIGN MUST BE W MI N.
FROM FACE OF CURB AND 6',FROM THE BACK OF THE OUILOINO
26. TLANE STRIPE (REFER TO MCOONALDS. STANDARD DETAILS)
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27. RIMAL
DISTANCE CENTER OF PEN CASH TO CENTER OF
PRIMARY IMARY LANE COD
e. RESERVED MOP SIGN REFER TO DETAIL 4180.3
2 R R ( )
29, TRASH CORRAL AND STORAGE SHED (REFER TO DETAIL 5/SD-5)
30 MCDONALD'S CIRECTIONNL SIGN WITH ARCH (REFER TO DETAIL 61 SD -5)
31. 4V MCCONALC'S PYLON SIGN (REFER TO DETAIL 51 SDE)
32, 3S MCM14ALDIS PYLON SIGN (REFER TO DETAIL 5/806)
33. 185 LF 4' TALL ALUMINUM DOUBLE PICKET FENCE (REFER TO DETAIL 111301)
34. EDGE KEY (REFER TO DETAIL 6/60.1)
35. PROPOSED LIGHT PCLE FOUNDATION (REFER TO DETAIL 41 SOS)
36. REMOVE EXISTING LIGHT POLE ANDBASE. TURNOVER TOMCCONALDS
37. ROLLED CURB. MATCH EXISTING
38. DO NOTENTER SIGN(REFER TO DETAILS/SDE)
39. COMPACT CAR SIGN (REFER TO DETAIL 4/SDE)
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TO COMMENCEMENT OF UTILITY WORK, REPORT ANY DISCREPANCIES TO THE
OWNER'S REPRESENTATIVE.
4. THE CONTRACTOR SHALLVERIFY THE EXACT LOCATION OF ALL EXISTING
UTILITIES, AND SHALLTAKE CARE TO PROTECT UTILITIES THAT ARE TO REMAIN.
REPAIR ANY DAMAGE ACCORDING TO LOCALSTANDARDS AND AT THE
CONTRACTOR'S EXPENSE. COORDINATE ALLCONSTRUCTION WITH THE
APPROPRIATE LmLITY COMPANY.
5, THE CONTRACTOR SHALL CONFORM TOALL LOCAL WOES AND RECEIVE
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APPROVAL WHERE NECESSARY BEFORE CONSTRUCTION.
S. EXISTING PAVEMENT OF PUBLIC ROADWAYS SHALL BE PATCHED IN
ACCORDANCE WITH LOCAL MEN CY STANDAROS WHEREVER UTILITY
INSTALLATION REQUIRES REMOVAL OF THE EXISTING RAI COORDINATE
PAVEMENT TRENCHING LOCATIONS ARTH SITE CIVIL PLUMBING AND
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AGENCY.
15. ALL CONSTRUCTION MATERIALS AND INSTALLATION SHALL CONFORhI TO LGCAL
ANO'OR GOVERNING AGENCY REGULATIONSAND SPECIFICATIONS.
16. ALL PAVEMENT MATERIALS AND CONSTRUCTION SRALLCONFORM TO THE
WCALGOVERNING AGENCY AND INDOT,STANDARDS AND SPECIFICATIONS.
17. ALL PAINTED TEXT SHALL BE PER CURRENT MUTOO REQUIREMENTS.
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1. Utilities easement along edge of site,
PVC debris in bottom left corner
2. Concrete access easement along
property line
3. Pole mounted transformers
Northeastern edge of property
4. Drainage easement and sign
S. Rebar and concrete debris
6. Hydrant, and signal control box within
utilities easement
7. Concrete pad with gas and service
water valves
8. Hydrant and utility pole
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easement along Eastern edge of site
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12. Open field
19. Concrete debris
20. View Southwest from center
21. View North from center
22. View East from center
23. Concrete debris
PropertV Owner Name
Property Address
Mailing Address
City
State
Zip Code
RHODES PROPERTIES LC
1705 N KINGSHIGHWAY
PO BOX 779
CAPE GIRARDEAU
MO
63702
MRV BANKS
1505 N MOUNT AUBURN RD
1610 N KINGSHIGHWAY SUITE 102
CAPE GIRARDEAU
MO
63701
CAPE GIRARDEAU CITY OF
1625 N KINGSHIGHWAY
401 INDEPENDENCE
CAPE GIRARDEAU
MO
63703
MIDAMERICA HOTELS CORPORATION
N MOUNT AUBURN RD
105 S MT AUBURN RD
CAPE GIRARDEAU
MO
63703
IMMEDIATE CONVENIENT CARE LLC
1702 N KINGSHIGHWAY
211 SAINT FRANCIS DR
CAPE GIRARDEAU
MO
63703
Planning & Zoning Commission
TYPE OF PLAT SUBMITTED:
NAME OF SUBDIVISION:
LOCATION OF TRACT:
APPLICANT:
PROFESSIONAL SURVEYOR/
ENGINEER:
DEVELOPER:
Record Plat
Cape West 18th Subdivision
Southeast Corner of Kell Farm Drive &
Richmond Drive
Drury Southwest, Inc.
Bowen Engineering & Surveying
d%'.'*'ITY of CAPE GIRARDEAU
COMMUNITY DEVELOPMENT
TO: Planning and Zoning Commission
FROM: Ryan Shrimplin, City Plannero,2-5
MEETING DATE: February 10, 2021
SUBJECT: Cape West 18th Subdivision Record Plat
A record plat has been submitted for Cape West 18th Subdivision, located on Siemers
Drive, Richmond Drive, and Kell Farm Drive. The property is zoned C-2 (Highway
Commercial). The plat subdivides a lot to form three new lots.
The attached staff review letter was sent to the applicant. At the time of this report, the
corrected plat had not yet been received.
Based on the above findings, staff recommends approval of the record plat, subject to
staff's comments being successfully addressed.
0*--
401
Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax
cityofcape.org
CITY of CAPE GI ARDEAU
COMMUNITY DEVELOPMENT
January 28, 2021
VIA EMAIL ONLY:
larry.westrich(a�drurysouthwest.com
Larry Westrich
Drury Southwest, Inc.
101 South Farrar Drive
Cape Girardeau, Missouri 63701
RE: Cape West 18th Subdivision Record Plat
Dear Mr. Westrich:
City staff has completed its review of the above plat. During the review, the following items were
found which need correction or attention (text in red is to be added or changed verbatim):
1. Make the following revisions to the Location Map:
a. Shift the site toward the center of the map.
b. Add "S." in front of "MT. AUBURN RD."
c. Add "S." and "RD." to "SILVER SPRINGS" if still visible in the map.
2. In the Legend, revise the RIGHT OF WAY LINE symbol to match the drawing.
3. In the drawing, add "RNV" to the Richmond Drive right-of-way line along Lot No. 2 of Cape
West 13`h Subdivision.
4. Update the owner name on the Rhodes parcel.
5. Detail/dimension the easement bump -out along Siemers Drive.
6. In the References section, update the County online mapping URL. It is now
https://maps.camavision.com/capegirardeaumo.
7. In the Subdivision Dedication section, add "A MISSOURI CORPORATION," after "DSW
DEVELOPMENT CORPORATION,".
8. Remove the utility easement language from the Subdivision Dedication section since no new
easements are being granted.
9. Shift the notary certificate up to allow room for the notarial seal beneath the notary signature.
Leave the City Clerk's certificate in its current location.
o
401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax
cityofcape.org
CITY of CAPE GIRAR®EAU
COMMUNITY DEVELOPMENT
10. In the notary certificate, add "SENIOR" in front of "VICE PRESIDENT" and "A MISSOURI
CORPORATION," after "DSW DEVELOPMENT CORPORATION,".
11. In the City Clerk's certificate, add "THE CITY OF" in front of "CAPE GIRARDEAU" in the first
line and beneath the signature line.
Please make the above corrections to the plat and email a .pdf file of the corrected plat to me at
rshrimplinCa)cityofcape.orq by February 8, 2021. Once the .pdf file is received, City staff will review it
to make sure all of the corrections have been made. If there are no further corrections, then you will
be notified to submit six (6) signed and sealed prints of the corrected plat. If the .pdf file is not
received by February 8, 2021, then the Planning and Zoning Commission may postpone taking action
on the plat or recommend approval, subject to staff's comments being successfully addressed. All
staff comments must be successfully addressed prior to review of the plat by the City Council.
Please contact me if you have questions or comments.
Sincerely,
(:: � �X 5 1 Z� 7� 4 -
Ryan Shrimplin, AICP
City Planner
CC: Chris Kelley, Bowen Engineering & Surveying(chriskelley(a-)bowenengsurv.com)
James Randol, Bowen Engineering & Surveying(iamesrandolCa)-bowenengsurv.com)
o
��sa/
401 Independence St Cape Girardeau, MO 63703
cityofcape.org
573-339-6327 Tel 573-339-6303 Fax
CAPE WEST 18TH SUBDRVRRON
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Created by: Development Services i,• `._
Carol Peters Leg
January 19,2021 !t
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SUBDIVISION PLAT APPLICATION
1
CITY Of CAPE GIRAR®EAU
DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (673) 339-6327
Name of Subdivision
CAPE WEST 1flTH SUBDIVISION
T e of Plat
Record reliminaryBoundary Adjustment
Applicant
Property Owner of Record (if other than Applicant)
Drury Southwest INC.
Mailing Address
City, State, Zip
Mailing Address
City, State, Zip
101 South Farrar Drive
Cape Girardeau, MO 63701
Telephone
Email
Telephone
Email
573-335-3134
larry.westrich@drurysouthwest.cor
Contact Person (If Applicant is a Business or Organization)
(Attach additional owners information, if necessary)
Larry Westrich
Professional Engineer/Surveyor (if other than Applicant)
Developer (if other than Applicant)
Bowen Engineering & Surveying
Mailing Address
City, State, Zip
Mailing Address
City, State, Zip
2121 Megan Drive
Cape Girardeau, MO 63701
Telephone
Email
Telephone
Email
573-339-5900
chriskelley@bowenengsurv.com
ADDITIONAL ITEMS in addition to this completed application form, the following items must be submitted:
REQUIRE® a ( Review Fee (payable to City of Cape Girardeau)
Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum)
Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum)
See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum)
information. v( Recording Fee Deposit (payable to City of Cape Girardeau)
Sheet Size Record Plat Boundary Adjustment Plat
18" x 24" $44.00 $24.00
24" x 36" $69.00 $29.00
(The City reserves the right to issue a partial refund or collect an additional fee if the actual
recording cost differs from the deposit amount)
✓ Two (2) full size prints of the plat
✓ Digital file of the plat in .pdf format (can be emailed to cityplanning@cityofcape.org)
Completed minimum requirements checklist
I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file
this application on their behalf. Furthermore, I hereby acknowledge that the plat submitted with this application must meet
certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b)
any and all new public improvements for the subdivision being completely installed and ready for acceptance by the City and/or
covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby
certify that I have notified the Property owner(s) of Record and the developer of these requirements.
1/12/2021
Applicant Sign re and Prin d N -a -M a Date
OFFICE USE ONLY
Date Received & By File # MUNIS Application # B D 8.r; >04) MUNIS Permit #
Review Fee Received $ Recording Fee Received $ ® Check # ❑ Credit Card U Cash
Preliminary and Record Plats:
Planning & Zoning Commission Recommendation Date City Council Final Action Date
Revised 7/15/2020
LOCATION MAP
SURVEY NOTES:
THIS SURVEY CREATES A NEW 3 LOT SUBDIVISION FROM
THE PARENT TRACT RECORDED IN BOOK NO. 663 AT PAGE NO. 323
MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES
DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES
BASIS OF SURVEY DATUM - NAD83, M.S.P.C, ZONE 2401 EAST
CORS STATION MOJK OF THE M.DOT GPS RTK NETWORK
LATITUDE 37°2444,46833' NORTH
LONGITUDE 089'39'00.22114' WEST
ELLIPSOID HEIGHT 383.98 U.S. SURVEY FELT
NORTHING 676,858.0887 V.S. SURVEY FEET
BASTING 1,067,067.161 U,S. SURVEY FEET
ELEVATION 477.03 U.S,SURVEYFBET
AS PUBLISHED ON NATIONAL GEODETIC DATASHEETS,
RETRIEVAL DATE FEBRUARY 04, 2016 AND CONVERTED
FROM METERS TO U.S. SURVEY FEET.
SURVEY CLASS - URBAN
RECORD PLAT
CAPE WEST I 8"'th S`UB UP""IVISION
ALL OF LOT NO. 1, CAPE WEST 16th SUBDIVISION AS RECORDED
IN PLAT DOCUMENT NO. 2018-00645, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI
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GRAPHIC SCALE
0' 60' 120' 180' 240'
ZONING INFORMATION
C2, HIGHWAY COMMERCIAL DISTRICT
MINIMUM LOT SIZE AND WIDTH - NONE
MAXIMUM BUILDING HEIGHT. 5 STORIES (60 FEET)
MINIMUM YARD & BUILDING SETBACK REQUIREMENTS:
FRONT -25 FEET
REAR- NONE, EXCEPT TWENTY (20) FEET WHEN ADJACENT TOA
RESIDENTIAL USE OR DISTRICT, OR TEN (10) FEET WHEN ADJACENT
TO AN AGRICULTURAL USE OR DISTRICT.
SIDE - NONE, EXCEPT TWENTY (20) FEET WHEN ADJACENT TO A
RESIDENTIAL USE OR DISTRICT, OR TEN (10) FEB'T WHEN ADJACENT
TO AN AGRICULTURAL USE OR DISTRICT.
NOTE:
NUMBER OF LOTS: 3
LARGEST LOT SIZE: 2.50 ACRES (106,913 S.F.) LOT 3
SMALLEST LOT SIZE: 1.76 ACRES (76,143 S.F.) LOT 2
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END EXIST.IO'SAN. SEWER&UTIUTY
`\ •\ \ /EASEMENT, DOCUMENT N0.2008-00199
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LINE DIMENSION TABLE
NO. BEARINd DISTANCE '\ •\ \ \ 'fi
2—_—N76°00'd4'E 25.77' (574°93'48'W 26.7T)
CURVE DIMENSION TABLE \\ TPm99
NO. RADIUS DELTA LENGTH TANGENT CHORD BEMING
2 20.00' 95° 26' 60' 33.31' 21.99' 29.59' N20 -681671E
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SUBDIVISION DEDICATION
THE UNDERSIGNED, DSW DEVELOPMENT CORPORATION, OWNER OF ALL OF
LOTNO. 1, CAPE WEST 16TH SUBDIVISION AS RECORDED IN PLAT
DOCUMENT N0.2018.00515, CITYAND COUNTY OF CAPE GIRNiO _
STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT NO, 1, CAPE WEST IGTH
SUBDIVISION AS RECORDED IN PLAT DOCUMENT NO, 2018-00616
THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE ALONG
TIE EAST LINE OF SAID SUBDIVISION THE FOLLOWING COURSER AND
DISTANCES:
S 21° 10' 04'E, 349AB FEET, THENCE N 76' W 44' E, 26.77
FEET'THENCE $ 14' 60' 10' E. 195.00 FEET, THENCE
N 7"00'44' E, 250.00 FEET TO THE WEST LINE OF SIEMERS
DRIVE; THENCE S 14' 69' IW E, 233.00 FEET TO THE NORTHEAST
CORNER OF LOT N0.2, OF SAID SUBDIVISION; THENCE
676'00'44'W, 472.80 FEET ALONG THE NORTH LME OF SAID LOT
2 TO EA
THE ST RIGHT OF WAY LINE OF KELL FARM DRIVE; THENCE
N 20' 44' 02' W, 736,49 FEET ALONG SAID EAST RIGHT OF WAY LINE
TO THE BEGINNING OFACLOVE, CONCAVE TO THE SOUTHEAST, HAVING
RADIUS OF 20.00 FEET AND ACENTRALANGLE OF 05' 26' 56%
THENCE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION ALONG SAID
CURVE, 33.31 FEET TOAPOINT ON THE SOUTH RIGHT OF WAY LINE OF
RICHMOND DRIVE; THENCE N 08° 41' 56' E, 292,71 FEET ALONG SAID
SOUTH RIGHT OF WAY LINE TO THE POINT OF BEOINNINO, CONTAINING
8.26 ACRES, MORE OR LESS.
HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED
INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A
TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS
HERESY NAMED "CAPE WEST 18th SUBDMSION%THE UTILITY
EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF
CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES,
INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND EXPANSION OF CITY WATERAND SEWER SYSTEMS, AND AS MAY BE
AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY
APUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE
INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF
SUCH UTILITY SYSTEMS. IN WITNESS WHEREOF, SIGNED THIS
DAY OF 2021 A.D.
CAROLYN F. BOHNERT SENIOR VICE PRESIDENT
DSW DEVELOPMENT CORPORATION
STATE OF MISSOURI ) ss
COUNTY OF --------------------------------- )
BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, PERSONALLY
APPEARED CAROLYN F. BOHNERT WHO, BEING BY ME DULY SWORN, DID SAY
THAT SHE IS THE VICE PRESIDENT OF DSW DEVELOPMENT CORPORATION,
AND THAT SHE EXECUTED THE WITHIN RECORD PLATON BEHALF OF SAID
CORPORATION, AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME
FOR THE PURPOSES THEREIN STATED AME FREE ACT AND DEED OF SAID
CORPORATION,
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL
SEAL THIS DAY OF 2021 AD.
NOTARYPUBLIC MYTERM EXPIRES
.___................. .... .__..._.._._..._.., CITY CLERK OF CAPE GIRARDEAU,
MISSOURI, HEREBY CERTIFY THAT THIS PIAT WAS APPROVED 3Y THE CITY
COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO.
.•.__,..._ PASSED AND APPROVED THIS DAY OF 2021 AD.
CITY CLERK OF CAPE GIRARDEAU, MISSOURI
STATE OF MISSOURI ) ss
COUNTY OF CAPE GIRARDEAU)
FILED FOR RECORD THIS DAY OF 2021 AD.
AND DULY RECORDED IN DOCUMENT NO.
ANDREW DAVID OLATTNER, CAPE GIRARDEAU COUNTY RECgROEROF OEEOS
STATE OF MISSOURI ) ss
COUNTY OF CAPE GIRARDEAU)
THIS IS TO OURTIFYT14ATATTHE REQUEST OF DSW DEVELOPMENT CORP.
THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT
SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED
CORRECTLY ON ORIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE
WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS
OFTHE MISSOURI DEPARTMENT OF AGRICULTURE, DMSION OF WEIGHTS
AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT
THIS PARCEL, 811, N
OF WHICH AN ACCC�I. 'TTITLESEARCHMAY
DISCLOSE, IN WITNESS IH'R"7F' SOF `- MY SEAL AND SIGNATURE
THIS.- 13th,--,_DAYO Y.._. r)anuan� 2021 A.D.
PRE, A`�u1PLn� n
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REFERENCES:
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RIGHTOFWAY PLANS FOR SIEMERS DRIVE BY BOWEN ENGINEERING
AND SURVEYING, DATED JUNE 2001
NAD83,M.S.P,C,
ZONE 2401 E \
EAST
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FLOODPLAIN INFORMATION
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SUBJECT PROPERTY LIES IN ZONE X, AN AREA DETERMINED
TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AS
S.F.=1.000015748
SHOWN ON FLOOD INSURANCE RATE MAP, COMMUNITY PANELN .2903100202E,
BEARS AN EFFECTIVE DATE OF
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SEPTEMBER 20, 20WHICH
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AND SURVEYING, DATED MARCH 21, 2017
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RECORD PLAT OF CAPE WEST 130, SUSDIMSION AS RECORDED
IN PIAT DOCUMENT NO, 25 AT PAGE NO. 12
SURVEY MONUMENT NOTES:\\\�N
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RECORD PLAT OF CAPE WEST 161h SUBDMSION AS RECORDEDO•PREVIOUSLY
IN PLAT DOCUMENT NO.2013.16807
SET 2"ALUMINUMMONUMENT
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8-00846
IN PLAT DOCUMENT NO. 20188-00046
o•ANGLE POINT, NO CORNER SET
,t
RECORD PLAT OF KELLER SECOND SUBDMSION AS RECORDED IN\
PLAT DOCUMENT NO. 2011.081888Y KOEHLER ENGINEERING
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GRAPHIC SCALE
0' 60' 120' 180' 240'
ZONING INFORMATION
C2, HIGHWAY COMMERCIAL DISTRICT
MINIMUM LOT SIZE AND WIDTH - NONE
MAXIMUM BUILDING HEIGHT. 5 STORIES (60 FEET)
MINIMUM YARD & BUILDING SETBACK REQUIREMENTS:
FRONT -25 FEET
REAR- NONE, EXCEPT TWENTY (20) FEET WHEN ADJACENT TOA
RESIDENTIAL USE OR DISTRICT, OR TEN (10) FEET WHEN ADJACENT
TO AN AGRICULTURAL USE OR DISTRICT.
SIDE - NONE, EXCEPT TWENTY (20) FEET WHEN ADJACENT TO A
RESIDENTIAL USE OR DISTRICT, OR TEN (10) FEB'T WHEN ADJACENT
TO AN AGRICULTURAL USE OR DISTRICT.
NOTE:
NUMBER OF LOTS: 3
LARGEST LOT SIZE: 2.50 ACRES (106,913 S.F.) LOT 3
SMALLEST LOT SIZE: 1.76 ACRES (76,143 S.F.) LOT 2
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N.
END EXIST.IO'SAN. SEWER&UTIUTY
`\ •\ \ /EASEMENT, DOCUMENT N0.2008-00199
N.
•\ ,a,\
LINE DIMENSION TABLE
NO. BEARINd DISTANCE '\ •\ \ \ 'fi
2—_—N76°00'd4'E 25.77' (574°93'48'W 26.7T)
CURVE DIMENSION TABLE \\ TPm99
NO. RADIUS DELTA LENGTH TANGENT CHORD BEMING
2 20.00' 95° 26' 60' 33.31' 21.99' 29.59' N20 -681671E
40� NOs 3
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SUBDIVISION DEDICATION
THE UNDERSIGNED, DSW DEVELOPMENT CORPORATION, OWNER OF ALL OF
LOTNO. 1, CAPE WEST 16TH SUBDIVISION AS RECORDED IN PLAT
DOCUMENT N0.2018.00515, CITYAND COUNTY OF CAPE GIRNiO _
STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT NO, 1, CAPE WEST IGTH
SUBDIVISION AS RECORDED IN PLAT DOCUMENT NO, 2018-00616
THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE ALONG
TIE EAST LINE OF SAID SUBDIVISION THE FOLLOWING COURSER AND
DISTANCES:
S 21° 10' 04'E, 349AB FEET, THENCE N 76' W 44' E, 26.77
FEET'THENCE $ 14' 60' 10' E. 195.00 FEET, THENCE
N 7"00'44' E, 250.00 FEET TO THE WEST LINE OF SIEMERS
DRIVE; THENCE S 14' 69' IW E, 233.00 FEET TO THE NORTHEAST
CORNER OF LOT N0.2, OF SAID SUBDIVISION; THENCE
676'00'44'W, 472.80 FEET ALONG THE NORTH LME OF SAID LOT
2 TO EA
THE ST RIGHT OF WAY LINE OF KELL FARM DRIVE; THENCE
N 20' 44' 02' W, 736,49 FEET ALONG SAID EAST RIGHT OF WAY LINE
TO THE BEGINNING OFACLOVE, CONCAVE TO THE SOUTHEAST, HAVING
RADIUS OF 20.00 FEET AND ACENTRALANGLE OF 05' 26' 56%
THENCE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION ALONG SAID
CURVE, 33.31 FEET TOAPOINT ON THE SOUTH RIGHT OF WAY LINE OF
RICHMOND DRIVE; THENCE N 08° 41' 56' E, 292,71 FEET ALONG SAID
SOUTH RIGHT OF WAY LINE TO THE POINT OF BEOINNINO, CONTAINING
8.26 ACRES, MORE OR LESS.
HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED
INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A
TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS
HERESY NAMED "CAPE WEST 18th SUBDMSION%THE UTILITY
EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF
CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES,
INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND EXPANSION OF CITY WATERAND SEWER SYSTEMS, AND AS MAY BE
AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY
APUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE
INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF
SUCH UTILITY SYSTEMS. IN WITNESS WHEREOF, SIGNED THIS
DAY OF 2021 A.D.
CAROLYN F. BOHNERT SENIOR VICE PRESIDENT
DSW DEVELOPMENT CORPORATION
STATE OF MISSOURI ) ss
COUNTY OF --------------------------------- )
BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, PERSONALLY
APPEARED CAROLYN F. BOHNERT WHO, BEING BY ME DULY SWORN, DID SAY
THAT SHE IS THE VICE PRESIDENT OF DSW DEVELOPMENT CORPORATION,
AND THAT SHE EXECUTED THE WITHIN RECORD PLATON BEHALF OF SAID
CORPORATION, AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME
FOR THE PURPOSES THEREIN STATED AME FREE ACT AND DEED OF SAID
CORPORATION,
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL
SEAL THIS DAY OF 2021 AD.
NOTARYPUBLIC MYTERM EXPIRES
.___................. .... .__..._.._._..._.., CITY CLERK OF CAPE GIRARDEAU,
MISSOURI, HEREBY CERTIFY THAT THIS PIAT WAS APPROVED 3Y THE CITY
COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO.
.•.__,..._ PASSED AND APPROVED THIS DAY OF 2021 AD.
CITY CLERK OF CAPE GIRARDEAU, MISSOURI
STATE OF MISSOURI ) ss
COUNTY OF CAPE GIRARDEAU)
FILED FOR RECORD THIS DAY OF 2021 AD.
AND DULY RECORDED IN DOCUMENT NO.
ANDREW DAVID OLATTNER, CAPE GIRARDEAU COUNTY RECgROEROF OEEOS
STATE OF MISSOURI ) ss
COUNTY OF CAPE GIRARDEAU)
THIS IS TO OURTIFYT14ATATTHE REQUEST OF DSW DEVELOPMENT CORP.
THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT
SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED
CORRECTLY ON ORIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE
WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS
OFTHE MISSOURI DEPARTMENT OF AGRICULTURE, DMSION OF WEIGHTS
AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT
THIS PARCEL, 811, N
OF WHICH AN ACCC�I. 'TTITLESEARCHMAY
DISCLOSE, IN WITNESS IH'R"7F' SOF `- MY SEAL AND SIGNATURE
THIS.- 13th,--,_DAYO Y.._. r)anuan� 2021 A.D.
PRE, A`�u1PLn� n
R.. _:_O.__._..__...___... ,.. _.....__L..S...._2_232
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9ET2'ALUMINUM MONUMENT '\
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REFERENCES:
N 12,11413
E1, 087,793.439 \
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\
RIGHTOFWAY PLANS FOR SIEMERS DRIVE BY BOWEN ENGINEERING
AND SURVEYING, DATED JUNE 2001
NAD83,M.S.P,C,
ZONE 2401 E \
EAST
\ \ •.
\
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t \\ 'i
U.S.SURVEYFEET��--1
CA.=00.33'26,52385'
b •\ '\
PREVIOUS SURVEY FOR BLUE CROSS•BLUE SHIELD LEASETRAC7
S.F.=1.000015748
\' \. \•
DATED JULY 26,1998
\ 1 (n 1
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ALTA/NSPS LAND TITLE SURVEY PREPARED BY BOWEN ENGINEERING
\ Q,�
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ry4 pc/•VTW "�
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AND SURVEYING, DATED MARCH 21, 2017
\ '\ 20
Na
RECORD PLAT OF CAPE WEST 130, SUSDIMSION AS RECORDED
IN PIAT DOCUMENT NO, 25 AT PAGE NO. 12
SURVEY MONUMENT NOTES:\\\�N
'\
\
O- PREVIOUSLY SET 112'IRON PIN (NO CAP)
\
\
1-p
Cf
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RECORD PLAT OF CAPE WEST 161h SUBDMSION AS RECORDEDO•PREVIOUSLY
IN PLAT DOCUMENT NO.2013.16807
SET 2"ALUMINUMMONUMENT
\ \ /\>
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p�•(.a0 /i/
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L01a�SUS01V\120
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RECORD PLATOF CAPE WEST 16th SUBDIVI310NAS RECORDED
O -SET1@"IRON PIN
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8-00846
IN PLAT DOCUMENT NO. 20188-00046
o•ANGLE POINT, NO CORNER SET
,t
RECORD PLAT OF KELLER SECOND SUBDMSION AS RECORDED IN\
PLAT DOCUMENT NO. 2011.081888Y KOEHLER ENGINEERING
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QUIT CLAIM DEED, BOOK NO.653-PAGE NO.
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tlENERAL WARRANTY DEED, BOOK NO. 1136 -PAGE NO, 373
GENERAL. WARRANTY BEED, DOCUMENT NO, 2010.14264
-SUBDIVISION BOUNDARY LINE
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GENERAL WARRANTYOEED, DOCUMENT N0, 2017-02314
NEW LOT LINE
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N•7i6•��E
_____ - EXISTING EASEMENT LINE
ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY,
... SSL-- BUILDING • BUILDING SETBACK LINE
7
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.__-_----_- -RIGHT OF WAY LINE
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GRAPHIC SCALE
0' 60' 120' 180' 240'
ZONING INFORMATION
C2, HIGHWAY COMMERCIAL DISTRICT
MINIMUM LOT SIZE AND WIDTH - NONE
MAXIMUM BUILDING HEIGHT. 5 STORIES (60 FEET)
MINIMUM YARD & BUILDING SETBACK REQUIREMENTS:
FRONT -25 FEET
REAR- NONE, EXCEPT TWENTY (20) FEET WHEN ADJACENT TOA
RESIDENTIAL USE OR DISTRICT, OR TEN (10) FEET WHEN ADJACENT
TO AN AGRICULTURAL USE OR DISTRICT.
SIDE - NONE, EXCEPT TWENTY (20) FEET WHEN ADJACENT TO A
RESIDENTIAL USE OR DISTRICT, OR TEN (10) FEB'T WHEN ADJACENT
TO AN AGRICULTURAL USE OR DISTRICT.
NOTE:
NUMBER OF LOTS: 3
LARGEST LOT SIZE: 2.50 ACRES (106,913 S.F.) LOT 3
SMALLEST LOT SIZE: 1.76 ACRES (76,143 S.F.) LOT 2
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N.
END EXIST.IO'SAN. SEWER&UTIUTY
`\ •\ \ /EASEMENT, DOCUMENT N0.2008-00199
N.
•\ ,a,\
LINE DIMENSION TABLE
NO. BEARINd DISTANCE '\ •\ \ \ 'fi
2—_—N76°00'd4'E 25.77' (574°93'48'W 26.7T)
CURVE DIMENSION TABLE \\ TPm99
NO. RADIUS DELTA LENGTH TANGENT CHORD BEMING
2 20.00' 95° 26' 60' 33.31' 21.99' 29.59' N20 -681671E
40� NOs 3
1ti�9�3 g,F•1
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OCCUME23
"IesxLqt N0.2, !40? 64
5
Cp 1p0
SUBDIVISION DEDICATION
THE UNDERSIGNED, DSW DEVELOPMENT CORPORATION, OWNER OF ALL OF
LOTNO. 1, CAPE WEST 16TH SUBDIVISION AS RECORDED IN PLAT
DOCUMENT N0.2018.00515, CITYAND COUNTY OF CAPE GIRNiO _
STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT NO, 1, CAPE WEST IGTH
SUBDIVISION AS RECORDED IN PLAT DOCUMENT NO, 2018-00616
THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE ALONG
TIE EAST LINE OF SAID SUBDIVISION THE FOLLOWING COURSER AND
DISTANCES:
S 21° 10' 04'E, 349AB FEET, THENCE N 76' W 44' E, 26.77
FEET'THENCE $ 14' 60' 10' E. 195.00 FEET, THENCE
N 7"00'44' E, 250.00 FEET TO THE WEST LINE OF SIEMERS
DRIVE; THENCE S 14' 69' IW E, 233.00 FEET TO THE NORTHEAST
CORNER OF LOT N0.2, OF SAID SUBDIVISION; THENCE
676'00'44'W, 472.80 FEET ALONG THE NORTH LME OF SAID LOT
2 TO EA
THE ST RIGHT OF WAY LINE OF KELL FARM DRIVE; THENCE
N 20' 44' 02' W, 736,49 FEET ALONG SAID EAST RIGHT OF WAY LINE
TO THE BEGINNING OFACLOVE, CONCAVE TO THE SOUTHEAST, HAVING
RADIUS OF 20.00 FEET AND ACENTRALANGLE OF 05' 26' 56%
THENCE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION ALONG SAID
CURVE, 33.31 FEET TOAPOINT ON THE SOUTH RIGHT OF WAY LINE OF
RICHMOND DRIVE; THENCE N 08° 41' 56' E, 292,71 FEET ALONG SAID
SOUTH RIGHT OF WAY LINE TO THE POINT OF BEOINNINO, CONTAINING
8.26 ACRES, MORE OR LESS.
HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED
INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A
TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS
HERESY NAMED "CAPE WEST 18th SUBDMSION%THE UTILITY
EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF
CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES,
INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND EXPANSION OF CITY WATERAND SEWER SYSTEMS, AND AS MAY BE
AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY
APUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE
INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF
SUCH UTILITY SYSTEMS. IN WITNESS WHEREOF, SIGNED THIS
DAY OF 2021 A.D.
CAROLYN F. BOHNERT SENIOR VICE PRESIDENT
DSW DEVELOPMENT CORPORATION
STATE OF MISSOURI ) ss
COUNTY OF --------------------------------- )
BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, PERSONALLY
APPEARED CAROLYN F. BOHNERT WHO, BEING BY ME DULY SWORN, DID SAY
THAT SHE IS THE VICE PRESIDENT OF DSW DEVELOPMENT CORPORATION,
AND THAT SHE EXECUTED THE WITHIN RECORD PLATON BEHALF OF SAID
CORPORATION, AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME
FOR THE PURPOSES THEREIN STATED AME FREE ACT AND DEED OF SAID
CORPORATION,
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL
SEAL THIS DAY OF 2021 AD.
NOTARYPUBLIC MYTERM EXPIRES
.___................. .... .__..._.._._..._.., CITY CLERK OF CAPE GIRARDEAU,
MISSOURI, HEREBY CERTIFY THAT THIS PIAT WAS APPROVED 3Y THE CITY
COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO.
.•.__,..._ PASSED AND APPROVED THIS DAY OF 2021 AD.
CITY CLERK OF CAPE GIRARDEAU, MISSOURI
STATE OF MISSOURI ) ss
COUNTY OF CAPE GIRARDEAU)
FILED FOR RECORD THIS DAY OF 2021 AD.
AND DULY RECORDED IN DOCUMENT NO.
ANDREW DAVID OLATTNER, CAPE GIRARDEAU COUNTY RECgROEROF OEEOS
STATE OF MISSOURI ) ss
COUNTY OF CAPE GIRARDEAU)
THIS IS TO OURTIFYT14ATATTHE REQUEST OF DSW DEVELOPMENT CORP.
THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT
SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED
CORRECTLY ON ORIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE
WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS
OFTHE MISSOURI DEPARTMENT OF AGRICULTURE, DMSION OF WEIGHTS
AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT
THIS PARCEL, 811, N
OF WHICH AN ACCC�I. 'TTITLESEARCHMAY
DISCLOSE, IN WITNESS IH'R"7F' SOF `- MY SEAL AND SIGNATURE
THIS.- 13th,--,_DAYO Y.._. r)anuan� 2021 A.D.
PRE, A`�u1PLn� n
R.. _:_O.__._..__...___... ,.. _.....__L..S...._2_232
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1 of 1
Planning & Zoning Commission
PROPOSED REVISIONS TO
PLANNING & ZONING COMMISSION RULES OF PROCEDURE
FOR APPROVAL 02/10/21
DRAFT
January 13, 2021
o , ,,
PCanning an f Zm, ng comlm sS� an
City of cape c�ir���e�� �vtisso��t
J?ufes qlrprocedu-re
9 2021
I.
II.
IV
V
VI.
Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
TABLE OF CONTENTS
Page No.
DEFINITIONS
1.1 City 3
1.2 Commission 3
1.3 Conflict of Interest 3
1.4 Council 3
1.5 Planning Services Division 3
1.6 Zoning Ordinance 3
PURPOSE OF COMMISSION
2.1 Purpose of Commission 3
POWERS AND DUTIES OF COMMISSION
3.1 Powers and Duties of Commission 3
4.1 Election of Officers 3
4.2 Chairman 3
4.3 Vice Chairman 4
4.4 Temporary Chairman 4
4.5 Secretary 4
COMMITTEES
5.1 Establishment 4
5.2 Appointments 4
5.3 Meetings 4
5.4 Appearances by Interested Parties 4
MEETINGS
6.1 Regular Meetings 4
6.2 Special Meetings 5
6.3 Quorum 5
6.4 Attendance 5
6.5 Conflicts of Interest 5
6.6 Order Of Business/Agenda 5
6.7 Action by the Commission 5
6.8 Voting Procedures 6
6.9 Recording of Proceedings 6
6.10 Administrative Procedures 6
6.11 Other Information 6
1
VII.
VIII
Cape Girardeau Planning and Zoning Commission Rules ofProcedure Procedure DRAFT
PROCEDURES FOR REVIEW OF APPLICATIONS AND OTHER REQUESTS
7.1 Procedure for Rezoning and Special Use Permit Applications 7
7.2 Procedure for Exception Applications 8
7.3 Procedure for Subdivision Plat Applications 9
7.4 Procedure for Other Types of Requests 10
AMENDMENTS TO RULES OF PROCEDURE
8.1 Amendments to Rules of Procedure 10
2
1.
II
III
Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
DEFINITIONS
1.1 City. The City of Cape Girardeau, Missouri.
1.2 Commission. The Planning and Zoning Commission of the City of Cape Girardeau, Missouri.
1.3 Conflict of'Interest. A conflict between the private interests and the official responsibilities of
a person in a position of trust, whether the interests be personal or financial.
1.4 Council. The City Council of the City of Cape Girardeau, Missouri.
1.5 Planning Services Division. The City agency responsible for providing administrative
support to the Commission.
1.6 Zoning Ordinance. Chapter 30 of the City's Code of Ordinances.
PURPOSE OF COMMISSION
2.1 The Commission was established by City ordinance as authorized in Chapter 89, RSMo. The
purpose of the Commission is to carry out the duties set forth in the ordinance and to guide
the growth and development of the city.
POWERS AND DUTIES OF COMMISSION
3.1 The Commission has all of the powers and duties set forth in Sections 30-202 and 25-113 of
the City's Code of Ordinances including, but not limited to, the following:
A. Adopting the City's comprehensive plan;
B. Approving the City's capital improvements program;
C. Making recommendations on subdivision plats;
D. Making recommendations on changes to the Zoning Ordinance, including the zoning or
rezoning of property; and
E. Approving exceptions from the Development Code (Chapter 25 of the City's Code of
Ordinances).
IV. OFFICERS
4.1 Election of Officers
The Commission shall meet annually during the month of January to elect officers in
accordance with Section 30-202 of the Zoning Ordinance. A chairman, vice chairman, and
secretary shall be elected. Officers shall be eligible for re-election.
IWi =1.�,
The Chairman shall preside at all meetings, appoint committees, and perform such other
duties as may be ordered by the Commission.
N
Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
4.3 Vice Chairman
In the absence of the Chairman, the Vice Chairman shall act as Chairman and shall have all
the powers of the Chairman. The Vice Chairman shall have such other powers and duties as
may from time to time be provided by the rules of the Commission.
4.4 Temporary Chairman
In the absence of both the Chairman and Vice -Chairman, a temporary Chairman shall be
elected by those present and shall have all the powers of the Chairman and such other powers
and duties as may from time to time be provided by the rules of the Commission.
4.5 Secretary
The Secretary shall execute documents in the name of the Commission, perform the duties
hereinafter listed, and perform such other duties as the Commission may determine.
V. COMMITTEES
5.1 Establishment
From time to time, and as circumstances warrant, the Commission may establish committees
to assist the Commission in the conduct of its business.
5.2 Appointments
Committee members shall be appointed for a term of one (1) year or for the duration of the
committee, whichever is less.
5.3 Meetings
Meetings shall be called at the request of the committee chairman and shall comply with the
regulations for any other meeting of the Commission.
5.4 Appearances by Interested Parties
When appropriate, the chairman of any committee may, with permission of the Commission
Chairman, invite any interested parties to appear before the Commission.
VI, MEETINGS
6.1 Regular Meetings
Regular meetings of the Commission shall be scheduled for 7:00 P.M. on the second
Wednesday of each month, to be held in the Council Chambers. Each Commission member
shall be mailed an agenda packet at least seven (7) days prior to the date of the meeting. They
date, time, and/or location of any regular meeting may be changed in accordance with thei_
City's Code of Ordinances and the Missouri Sunshine Law.
n
6.2
Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
Special Meetings
Special meetings may be called at the request of the Chairman, at the request of five (5)
members of the Commission, or at the request of the Council. Notices of special meetings
shall be mailed or phoned to each member at least twenty-four (24) hours prior to the time set
for such meeting, except that announcement of a special meeting when made at any meeting
at which a majority of the members are present shall be sufficient notice of such meeting as
to such members present. The date, time, and/or location of any special meeting may be
changed in accordance with the City's Code of Ordinances and the Missouri Sunshine Law.
6.3 Quorum
6.4
6.5
A quorum, consisting of at least five (5) of the Commission's nine (9) members, shall be
required in order to conduct official business of the Commission at any meeting.
Attendance
Commission members are appointed by the Council for a term of four (4) years. No
Commission member shall serve more than two (2) consecutive full terms. It is the duty of all
Commission members to attend all regular and special meetings of the Commission as well
as any meetings of committees to which they have been appointed. Should any Commission
member be absent for three (3) consecutive regular Commission meetings or four (4) regular
Commission meetings within a twelve (12) month period of time, their position on the
Commission shall be forfeited. Any Commission member who resigns shall submit a written
notice of resignation to the City.
Conflicts of Interest
Any Commission member who has a conflict of interest with regard to any application or
request for consideration by the Commission shall publicly disclose such interest and shall
refrain from voting upon or discussing such application or request. Any Commission member
who willfully violates this provision shall be guilty of malfeasance and shall forfeit their
position on the Commission.
Order of Business/Agenda
A. Call to order.
B. Approval of minutes.
C. Items not on the agenda.
D. Items on the agenda.
E. Hearing, review, and action on all applications (if applicable).
F. Other business.
G. Committee reports and assignments.
H. Commission communication.
I. Staff communication.
J. Adjournment.
5
Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
6.7 Action by the Commission
A majority vote of the Commission members present at the meeting shall be required for any
decision or action taken by the Commission.
6.8 Voting Procedures
Motions made by Commission members shall be in the affirmative, that is, "to approve". If a
motion fails to receive a second, then it shall die for lack of a seconding motion. A motion
having received a formal seconding motion shall be fully discussed before the vote is taken.
All motions shall receive a clear majority vote in order to be approved. In the case of a tie
vote, the motion is deemed to have failed for lack of a majority. Voting on applications shall
be conducted by a roll call vote, with the actual count being recorded in the application file.
Voting on other matters may be conducted by a show of hands.
The Commission may, as permitted by the City's Code of Ordinances and these Rules of
Procedure, vote to table an agenda item at the request of the applicant or party making the
request, or if there is insufficient information to render a decision, or if the applicant or their
representative fails to appear at the meeting.
6.9 Recording Of Proceedings
It shall be the duty of the Secretary to keep an accurate record of all proceedings of the
Commission. The Secretary shall sign all minutes, resolutions, and other official documents
approved by the Commission. The minutes shall be mailed to all Commission members at
least seven (7) days prior to the next regular meeting.
6.10 Administrative Procedures
A. Files and Records.
The proceedings of all Commission meetings shall be recorded and permanently stored in
the appropriate City file(s). In addition, all maps, charts, photographs, documentation,
reports, correspondence and inter -department referrals shall be maintained on a case
basis, filed numerically.
B. Application Forms.
The City shall create and maintain forms for all application types that are subject to
review by the Commission. No application shall be accepted unless it is on the correct
City form.
C. Collection of Fees.
Each application that requires a fee shall be accompanied by payment made payable to
the City of Cape Girardeau. Acceptance of a fee by the City does not presume approval
of an application. The amount of the fees charged shall be established by the City's fee
schedule, as amended. `
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6.11 Other Information
Irrespective of and in addition to any other rules herein, the following shall apply:
A. All meetings of the Commission shall abide by Resolution No. 301, A Resolution
Establishing a Policy for Missouri Open Meetings and Records Law, adopted by the
Council on January 4, 1988.
B. The agenda of any Commission meeting shall be posted at least twenty-four (24) hours in
advance of the meeting on a bulletin board designated for public notices.
C. The minutes of any Commission meeting shall state the names of the Commission
members present at the meeting and any actions taken by the Commission.
PROCEDURES FOR REVIEW OF APPLICATIONS AND OTHER REQUESTS
7.1 Procedure for Rezoningand nd Special Use Permit Applications
Applications for rezonings and special use permits shall be submitted to the Planning
Services Division no later than four (4) weeks prior to the meeting for which the application
is to be considered. The Planning Services Division shall check the application for
completeness. If the application is found to be incomplete, then the applicant shall be
contacted and given two (2) businesses days to complete the application. If the application is
not complete after the two (2) business days, then it shall not be assigned to the
Commission's meeting agenda, and the applicant shall have until the next application
deadline to complete the application. If the application is not complete by the next
application deadline, then the application shall be returned to the applicant.
If a complete application is received, then the Commission shall hold a public hearing on the
request. Notice of the hearing shall be mailed to the applicant and all owners of property
adjacent to the property for which the application has been made, at least seven (7) days prior
to the date of the hearing. Notice of the hearing shall also be posted in a conspicuous location
on the property. The notice shall state the date, time, and location of the hearing, and the
request being made.
As part of the public hearing process, the Commission may conduct, or direct the Planning
Services Division to conduct, exterior inspections of the property, provided that: (1) at least
forty-eight (48) hours' notice of such inspection is given to the property owner and the
applicant; (2) the property owner and the applicant or their representative are given an
opportunity to be present during the inspection; (3) the material facts observed and the
conclusions drawn by the Commission are made part of the record; and (4) appropriate notice
is given to the City.
The order of the public hearing shall be as follows:
A. Communication with Commission members on agenda item.
B. Presentation by applicant or their representative.
C. Persons in favor.
D. Persons in opposition.
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Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
E. City staff comments.
F. Rebuttal by applicant or their representative.
Each person addressing the Commission shall approach the podium, state their name and
address for the record and, unless further time is granted by the Commission, shall limit their
comments to five (5) minutes. All comments shall be addressed to the Commission. No
person, other than the Commission and the person having the floor, shall be permitted to
enter into any discussion, directly or through a member of the Commission, without the
permission of the Chairman. If the applicant or their representative fails to appear at the
hearing, then the Commission may table the hearing to the next regular meeting. If the
applicant or their representative fails to appear at the time the hearing is resumed, then the
Commission shall proceed with the hearing and vote to recommend approval or disapproval.
For special use permit applications, the Commission may include conditions as part of a
recommendation of approval.
If the Commission recommends approval or approval with conditions, then the Council shall
hold a public hearing with notice as set forth in Section 30-206 of the Zoning Ordinance. In
addition, a notice of the hearing shall be posted in a conspicuous location on the property.
The notice shall state the date, time, and location of the hearing, and the request being made.
If the Commission recommends disapproval, then the application shall be forwarded to the
Council at its next meeting. The Council may disapprove and file the application, or set a
public hearing. If the application is filed, then a letter shall be sent to the applicant notifying
them of the filing and their right to ask for a public hearing within ten (10) days. If the
applicant fails to ask for a public hearing within the ten (10) day period, then the application
shall be disapproved.
Any special use permit granted by the Council shall be recorded in the office of the Recorder
of Deeds of the county in which the property is located. A copy of the recorded special use
permit shall be mailed to the applicant.
Procedure for Exception Applications
Applications for exceptions shall be submitted to the Planning Services Division no later than
four (4) weeks prior to the meeting for which the application is to be considered. The
Planning Services Division shall check the application for completeness. If the application is
found to be incomplete, then the applicant shall be contacted and given two (2) businesses
days to complete the application. If the application is not complete after the two (2) business
days, then it shall not be assigned to the Commission's meeting agenda, and the applicant
shall have until the next application deadline to complete the application. If the application is
not complete by the next application deadline, then the application shall be returned to the
applicant.
If a complete application is received, then the Commission shall hold a public hearing on the
request. Notice of the hearing shall be mailed to the applicant and all owners of property
adjacent to the property for which the application has been made, at least seven (7) days prior
to the date of the hearing. Notice of the hearing shall also be posted in a conspicuous location!,
Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
on the property. The notice shall state the date, time, and location of the hearing, and the
request being made.
As part of the public hearing process, the Commission may conduct, or direct the Planning
Services Division to conduct, exterior inspections of the property, provided that: (1) at least
forty-eight (48) hours' notice of such inspection is given to the property owner and the
applicant; (2) the property owner and the applicant or their representative are given an
opportunity to be present during the inspection; (3) the material facts observed and the
conclusions drawn by the Commission are made part of the record; and (4) appropriate notice
is given to the City.
The order of the public hearing shall be as follows:
A. Communication with Commission members on agenda item.
B. Presentation by applicant or their representative.
C. Persons in favor.
D. Persons in opposition.
E. City staff comments.
F. Rebuttal by applicant or their representative.
Each person addressing the Commission shall approach the podium, state their name and
address for the record and, unless further time is granted by the Commission, shall limit their
comments to five (5) minutes. All comments shall be addressed to the Commission. No
person, other than the Commission and the person having the floor, shall be permitted to
enter into any discussion, directly or through a member of the Commission, without the
permission of the Chairman. If the applicant or their representative fails to appear at the
hearing, then the Commission may table the hearing to the next regular meeting. If the
applicant or their representative fails to appear at the time the hearing is resumed, then the
Commission shall proceed with the hearing and vote to approve or disapprove the
application. The Commission may include conditions as part of any approval.
If the Commission approves the application, then an exception certificate shall be prepared
and mailed to the applicant. The certificate shall state any conditions included as part of the
approval. The certificate shall be valid for a period no greater than one hundred eighty (180)
days from the date of approval, unless within such period the required permits are obtained
and the work is commenced and pursued diligently toward completion. The Commission
may grant extensions not exceeding one hundred eighty (180) days each, upon written
request by the applicant, without notice or public hearing.
7.3 Procedure for Subdivision Plat Applications
Applications for subdivision plats (preliminary or record) shall be submitted to the Planning
Services Division no later than four (4) weeks prior to the meeting for which the application
is to be considered. The Planning Services Division shall check the application for
completeness. If the application is found to be incomplete, then the applicant shall be
contacted and given two (2) businesses days to complete the application. If the application is
not complete after the two (2) business days, then it shall not be assigned to the
Commission's meeting agenda, and the applicant shall have until the next application
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Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT
deadline to complete the application. If the application is not complete by the next
application deadline, then the application shall be returned to the applicant. X
W
As part of the plat review process, the Commission may conduct, or direct the Planning
Services Division to conduct, exterior inspections of the property, provided that: (1) at least
forty-eight (48) hours' notice of such inspection is given to the property owner and the
applicant; (2) the property owner and the applicant or their representative are given an
opportunity to be present during the inspection; (3) the material facts observed and the
conclusions drawn by the Commission are made part of the record; and (4) appropriate notice
is given to the City.
Upon presentation by the applicant, their representative, or the City staff, the Commission
shall vote to recommend approval or disapproval of the application. The Commission may
include conditions as part of a recommendation of approval.
If the Commission recommends approval or approval with conditions, then the plat shall be
assigned to the next Council meeting agenda unless there are outstanding conditions or
public improvements, in which case the plat shall be held until they are no longer
outstanding.
If the Commission recommends disapproval, then the plat shall be assigned to the next
Council meeting agenda.
Any preliminary plat approved by the Council shall be signed and sealed by the City Clerk
and placed in the appropriate file(s). Any record plat approved by the Council shall be signed
and sealed by the City Clerk and recorded in the office of the Recorder of Deeds of the
county in which the subdivision is located. Upon recording, the plat shall be placed in the
appropriate file(s). At least one (1) copy of the preliminary or record plat shall be returned to
the applicant for their records.
7.4 Procedure for Other Types of Requests
Requests not involving a rezoning, special use permit, exception, or subdivision plat shall be
communicated to the Planning Services Division, which shall determine the information
needed to place the request on the Commission's meeting agenda and the lead time for
submitting such information. In reviewing requests, the Commission shall be guided by the
principals set forth in the City's Code of Ordinances, comprehensive plan, and other policies
applicable to the Commission. All requests shall be handled with as much dispatch as
possible, with all interested parties being notified of the matter under consideration in order
that they may express their views.
VIII. AMENDMENTS TO RULES OF PROCEDURE
8.1 Amendments to these Rules of Procedure may be introduced at any meeting of the
Commission and voted on at any subsequent meeting, provided that notice of the
consideration of any such amendment is provided to the Commission members in accordance,,
with sections 6.1 and 6.2 herein. k-
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Adopted:
Cape Girardeau Planning and Zoning Commission Rules of Procedure
November 9, 1988
Revision Dates:
March 11, 1992 (Sections 3.1, 4.1, 4.3, 4.7, 4.9)
February 10, 1994 (Section 3.2)
May 11, 1995 (Section 6.2)
April 10, 1996 (Sections 4.2, 4.3, 6.2)
August 12, 1998 (Sections 1.3, 4.5)
April 11, 2001 (Section 4.4)
October 9, 2002 (Section 4.9)
March 9, 2005 (Sections 111, 4.4, 4.9, 4.12)
March 23, 2008 (Section IV, 4.2, 4.3)
December 14, 2011 (Section 3.2, VI)
February 13, 2013 (Section 111, 4.10)
???, 2021
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