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Council.Agenda.10-04-2021.Packet
Bob Fox, Mayor Dan Presson, Ward 1 Shelly Moore, Ward 2 Nate Thomas, Ward 3 Robbie Guard, Ward 4 Shannon Truxel, Ward 5 Stacy Kinder, Ward 6 October 4, 2021 5:00 PM City Council Chambers City Hall 401 Independence Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl • Registration is required to speak at the meeting. Individuals desiring to speak must register no later than 4:30 pm, on Monday, October 4, 2021, by using the form found at cityofcape.org/council, by emailing cityclerk@cityofcape.org, or by calling 573-339-6320. • To promote social distancing, audience seating may be reduced and spaced apart. • The use of a properly worn face covering is required while in the building. • Hand sanitizer is available at the building entrance. It is recommended that attendees use hand sanitizer upon entry. Invocation Reverend Ellen Gurnon of First Presbyterian Church in Cape Girardeau Pledge of Allegiance Study Session No action will be taken during the study session Presentations • Beautiful Business Property of the Month • Update from the Planning and Zoning Commission • Fire Prevention Week Proclamation • The Willis A. Martin Midtown Police Station Presentation - Scott Blank • Southeast Behavioral Hospital Presentation Communications/Reports • City Council Staff Items for Discussion • Appearances by Advisory Board Applicants • Appearances regarding items not listed on the agenda This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes. Please face and speak directly to the City Council as a whole. The Mayor and Council Members will not engage or answer questions during the speaker's time at the podium. The timer will sound at the end of the speaker's time. After all members of the public have appeared, the City Council may respond and discuss issues that were brought forward by the speakers. • Agenda review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings 1. A public hearing to consider a request for a special use permit for purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street. (Agenda Item 8; BILL NO. 21-148) 2. A public hearing to consider a request to rezone property at the northeast corner of Baldwin Drive and County Road 618 from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). (Item No. 12; BILL NO. 21-152) Appearances regarding Items Listed on the Agenda Individuals who wish to make comments regarding items listed on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must stand at the public microphone and state his/her name and address for the record. The timer will buzz at the end of the speaker's time. 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. 3. Approval of the September 20, 2021, City Council regular session minutes. 4. BILL NO. 21-145, an Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Sunday Liquor Sales. Second and Third Readings. 5. BILL NO. 21-146, an Ordinance Appropriating the Expenditure of Transportation Trust Fund 6 Funds for Capital Expenditures for the Fiscal Year Ending June 30, 2022, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 21-147, a Resolution authorizing the City Manager to execute a Release of Lien for property located at 1215 Good Hope Street, under the Home Repair Opportunity Grant Program, in the City of Cape Girardeau, Missouri. Reading and Passage. 7. Acceptance of waterline and sidewalk public improvements to serve the new VA (Veterans Administration) Behavioral Health Hospital at 711 S. Mt. Auburn Rd., in the City of Cape Girardeau. Items Removed from Consent Agenda New Ordinances 8. BILL NO. 21-148, an Ordinance granting a special use permit to Ritter Communications and Henderson Enterprises, LLC, for purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street, in the City and County of Cape Girardeau, Missouri. First Reading. 9. BILL NO. 21-149, an Ordinance approving the record plat of Wood and Huston, Plat No. 1. First Reading. 10. BILL NO. 21-150, an Ordinance approving the record plat of Humane Society Subdivision. First Reading. 11. BILL NO. 21-151, an Ordinance authorizing the Mayor to execute Temporary Construction Easements, a Permanent Drainage easement, and a Special Warranty Deed to the Missouri Department of Transportation, for a project on Missouri Highway 177, in the City of Cape Girardeau, Missouri. First Reading. 12. BILL NO. 21-152, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the northeast corner of Baldwin Drive and County Road 618, in the City and County of Cape Girardeau, Missouri, from C-2 to R-3. First Reading. Appointments Other Business Meeting Adjournment Closed Session 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, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications with its attorneys. • Legal actions, causes of action, litigation and confidential communications with legal counsel, and leasing, purchase or sale of real estate, pursuant to RSMo. Sections 610.021(1) and (2). Memos • Appointment to the Parks and Recreation Advisory Board • Appointment to the Planning and Zoning Commission Advisory Board Minutes • Advisory Board Minutes ProcCamation -Whereas, the City of Cape Girardeau is committed to ensuring the safety and security of all those living in and visiting our state; and -Whereas, fire is a serious public safety concern both locally and nationally, and homes are the locations where Whereas, are at greatest risk from fire; and -VV hereas, the nonprofit National Fire Protection Association (NFPA) has documented through its research that cooking is the leading cause of home fires. One out of three home fires begins in the kitchen — more than any other place in the home; and Whereas, Cape Girardeau's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and Whereas, Cape Girardeau's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and Whereas, using proper care when cooking will have a positive effect on the home fire problem; and Whereas, each cooking fire that is prevented in Missouri is an opportunity to prevent painful injury and costly property damage; and Whereas, the 2021 Fire Prevention Week theme, "Learn the Sounds office Safety! ", works to educate everyone about the different sounds the smoke and carbon monoxide alarms make. Knowing what to do when an alarm sounds will keep you and your family safe. When an alarm makes noises — a beeping sound or a chirping sound — you must take action. 9Vow, Therefore, Be It Resolvedthat I, Bob Fox, Mayor of the City of Cape Girardeau, Missouri, do hereby proclaim October 3-9, 2021, as �Fire Prevention Week throughout this City, and I urge all the people of Cape Girardeau to heed the important safety messages of Fire Prevention Week 2021, and to support the many public safety activities and efforts of Cape Girardeau's fire and emergency services. In Witness Whereof I have hereunto set my hand and caused to be affixed the Seal of the City of Cape Girardeau, Missouri, this4�' day of October , 2021. Bob Fox, Mayor Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/4/2021 SUBJECT A public hearing to consider a request for a special use permit for purposes of constructing, maintainimg, and operating a fiber optic equipment shelter facility at 2365 Independence Street. EXECUTIVE SUMMARY A public hearing has been scheduled for October 4, 2021 to consider a request for a special use permit for a fiber optic equipment shelter facility at 2365 (formerly 2399) Independence Street. An ordinance granting the special use permit is on this agenda as a separate item. BACKGROUND/DISCUSSION A special use permit application has been submitted for the property at 2365 (formerly 2399) Independence Street, which is zoned C-2 (Highway Commercial). The applicant is proposing to construct and operate a fiber optic equipment shelter facility on the property, which is a special use in the C-2 district. The property is currently undeveloped. The proposed facility consists of an 8 foot by 12 foot equipment shelter and a generator on a concrete pad, with a 10 foot wide gravel access drive from Independence Street leading to a gravel parking area in front of the pad. The gravel parking area can accommodate two parking spaces. Refer to the attachments for more information. Certified copies of the application, application file, and the following applicable sections of the City Code are attached: Section 30-334 - C-2, Highway Commercial District Section 30-401 - Special Use Permits A public hearing has been scheduled for October 4, 2021 to consider the special use permit request. An ordinance granting the special use permit is on this agenda as a separate item. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS See the attached staff report for analysis. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the special use permit request, subject to several conditions. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on September 8, 2021 and recommended approval of the special use permit request, subject to the staff recommended conditions, with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on September 19, 2021. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Name: Description: ❑ Staff_Review-Referral-Action Formpdf 2365 Independence Street - Staff RRA Form ❑ Staff Report P Z SUP 2399 Independence Street (Fiber Optic Equipment Shelter Facility).pd 2365 Independence Street - Staff Report ❑ Maw- 2399 Independence St SUP_ Zonine.pdf 2365 Independence Street - Zoning Map ❑ Man_ 2399_ Independence St SUP! FLU.pdf 2365 Independence Street - FLU Map ❑ Application - 2399 Independence Street SUP.pdf 2365 Independence Street - Application ❑ Ritter Conymnications-_Cape _Site_ -_Rev 002.pdf 2365 Independence Street - Site Plan ❑ Equipment Shelter Photo Example.pdf 2365 Independence Street - Equipment Shelter Photo Example ❑ C-2.pdf G2 District Regulations ❑ Sec 30-401 -_Special Use Pemvts.pdf Special Use Permit Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Special Use Permit Application FILE NO. 1421 LOCATION: 2399 Independence Street STAFF RE VIEW & COMMENTS: Fitter Communications is requesting a SUP for a fiber optic equipment shelter on property in the C-2 (Highway Commercial) zoning district at 2399 Independence Street. SEE STAFF REPORT FOR FURTHER INFORMATION. j City PI r Cl Date City Aho ey Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City M r Date Planning & Zoning Commission Public Hearing Pasting Date: Public Hearing Date; RECOMMENDED ACTION; FaWUr Oppose Abstain Favo} Oppose Abstain Scott Blank ❑ Melissa Stickel 2d[aLlDevin Greaser ud, ❑ L3Ed Thompson ❑ ❑ Derek Jackson R5 ❑ ❑ Sid Whittington ❑,/ ❑ ❑ Patrick Koetting Gni ❑ L] Deborah Young I p ❑ Nick Martin a ❑ Lj VOTE COUNT: Favor 0 Oppose D Abstain COMMENTS; CITIZENS COMMENTING AT MEETING; 0 atr k Koett' 'g Planning & Zoning Commission Secretary Public Hearing Posting Date: City Council Action Public Hearing Date; Ordinance I" Reading Ordinance 2"d & 3'"d Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner MEETING DATE: September 8, 2021 SUBJECT: Special Use Permit Request for Property at 2399 Independence Street A special use permit application has been submitted for the property at 2399 Independence Street, which is zoned C-2 (Highway Commercial). The applicant is proposing to construct and operate a fiber optic equipment shelter facility on the property, which is a special use in the C-2 district. The property is currently undeveloped. The proposed facility consists of an 8 foot by 12 foot equipment shelter and a generator on a concrete pad, with a 10 foot wide gravel access drive from Independence Street leading to a gravel parking area in front of the pad. The gravel parking area can accommodate two parking spaces. The Zoning Code (Chapter 30 of the City's Code of Ordinances) authorizes the City Council to grant special use permits in accordance with Section 30-401. In order for a special use permit to be granted, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. Staff has reviewed the application in relation to the criteria and made the following findings: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: The proposed facility will be unmanned. There will be no traffic except for maintenance purposes. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The proposed facility will not involve any activities or materials that substantially increase fire hazards. It will operate in compliance with the City's Building and Fire Codes. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. ItP4pA s� ,u 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 subject property is located in a commercial corridor. The nearest residential property is over 800 feet away. The proposed facility will be situated in the southeast corner of the property, behind the Orscheln store. The facility will be visible from the Cape LaCroix Recreational Trail. The applicant is proposing to screen the sides and rear of the facility in order to mitigate the visual impact to users of the trail. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The proposed facility will allow the applicant to provide communication services to the city's residents and businesses. Criterion #5: The proposed special use will not overtax public utilities. Finding: The proposed facility will only require electric and gas services, which are readily available. In reviewing the application, staff has identified the following exceptions from the Development Code (Chapter 25 of the City's Code of Ordinances): Landscaping. Section 25-803(a) requires a minimum of 15% of the total area of the site to be landscaped. Section 25-804(b) requires a minimum of 15% of the total area of the parking lot to be landscaped. In lieu of providing the required landscaping, the applicant is proposing to install a vinyl privacy fence along the rear and sides of the facility. This qualifies as a substantial equivalent because these two requirements are primarily intended to provide an aesthetic enhancement, which the proposed fence also provides. Pavement. Section 25-205(c) requires the parking spaces and the first 75 feet of the access drive to be paved. The intent of this requirement is to provide a high- quality driving surface for commercial traffic, and to prevent gravel from being transferred to the street by vehicles. The proposed facility will be unmanned and there will be no traffic except for maintenance purposes. Additionally, due to the size and location of the facility, it is very likely that additional development will occur on the property in the future. When such development does occur, it will likely screen the facility from the street to a certain extent and possibly upgrade a portion of the access drive to pavement. This qualifies as a substantial equivalent. Based on the above findings, staff recommends approval of the special use permit request, subject to the following conditions: ItP4pA s� ,u 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 1. The special use shall meet all applicable requirements of the Zoning and Development Codes except for the landscaping and pavement exceptions approved as part of this permit. 2. The final design of the fence shall be subject to approval by the City staff. 3. The portion of the access drive located in the right-of-way shall be paved. 4. Major modifications to the special use (including, but not limited to, the site plan) shall require the approval of the City Council. 5. This permit shall automatically expire 12 months from the date of issuance if the building permit has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 6. This permit is not transferable without the approval of the City Council. ItP4pA s� ,u 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 2399 Independence Street Special Use Permit Request 97 P Special Use Permit Requested for a fiber optic equipment shelter :97 P in the C-2 (Highway Commercial) District 97 Future Land Use Recommendation: Suburban Mixed Use 97 97 �� # :350 • 97 _ m J • �Z Z 97 i9?9.9 •9.97 - ; Independe a St" -_ t 106 - 2399 • �4 1 Proposed location of fiber optic equipment shelter i i 2436' 4y 430 4 its r s 2437 243 ; D2R37.29137 •2437 y` A N WE - 2410 S = CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters ry August 16, 2021 Ilam mlin 15 • 1 5 0 17 0 r •19 25 `3 r� Merriwether_St � Y 31 J • 10 Legend (D 2 406 .11 EMSpecial Use Permit Leased Area y Parcels r 404 Zoning District 240 C2 " - M1 2399 Independence Street Special Use Permit Request r- 171 - •'a 97 Special Use Permit Requested for a fiber optic equipment shelter;97 in the C-2 (Highway Commercial) District •97 Future Land Use Recommendation: Suburban Mixed Use :97 s: 97 • p 350 97 *+ i • r� m �7 �,1 J 97 97 Z i i9� • •9.97 Independences 106. 1 2399 r z Proposed location of fiber optic equipment shelter 2436 2430 2437 243 137.21137 Y� •2437 ` ,. I 4� 1 1 1 N W E 2410 c S JI 2406 ' CITYOf CAPECO G I R A R D E A U Created by: Development Services 2406''' Carol Peters August 16, 2021 _ — Iliam St 15 19 • 5 F 19 7 Merriwether 31 • Legend QSpecial Use Permit Leased Area Parcels Future Land Use 404 Suburban Mixed Use Regional Commercial Local Commercial \ REZONING 1 SPECIAL USE PERMIT APPLICATION i. CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT. 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (673) 339- 327 Property Address/location �} �j �>r west of address 11 S Kingshighway; 37.306303,-89.554737 vS r l ►� tf -2 y14u"lce Applicant Property Owner of Record (if other than Applicont) Ritter Communications HENDERSON ENTERPRISES LLC (Daniel Henderson) Mailing Address City, State, Zip Mailing Address City, State, Zip PO BOX 17040 Jonesboro, AR 72403 - — 437 COUNTY RD 318 JACKSON, MO 63755 — - Telephone -- Email Teiephone Entail 870-926-2855 darrid@356-solutions.com 573-587-1837 ezclean@gmail.com Contact Person (1f Applicant is a Business or Organization) (Attach additional owners information, if necessary) David Jordan Type of Request L3 Rezoning [d Special Use Permit 0 Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C-2 Legal description of property to be rezoned and/or upon which the special use is to be conducted A PART OF LOT NO. 1, POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOTS NO. SAT PAGE NO. 158, LYING IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A 112" IRON PIN (SET) ON THE WEST LINT= OF LOT 1, COURT 1 SUBDIVISION, PLAT NO. 2 AS RECORDED IN PLAT DOCUMENT NO. 2020-13087, FROM WHICH A 1" IRON PIPE (FOUND)AT THE NORTHWEST CORNER THEREOF BEARS, N 05° 26'54" E, 230.00 FEET: THENCES 05' 26'54" W, 30.00 FEET ALONG THE SAID WEST LINE OF LOT 1 TO A 112" IRON PIN (SET), THENCE LEAVING SAID WEST LINE, N 84' 33,06" W, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE N 05" 26'54" E, 30.00 FEET TO A 112" IRON PIN (SET); THENCE S 84° 33'06" E, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING, 900 SQUARE FEET, MORE OR LESS. Describe the proposed use of the property. Installing a Unmanned Fiber Optic 8x12 foot Shelter to house equipment that will serve the city of Cape Girardeau with Fiber Internet, Data Storage solutions, and communication solutions. This building will be the only one in Cape and necessary for the building of the fiber infrastructure in the City. Application continues on next page OFFICE LISE ONLY Date Received & By d - i � � File# t 12 f MUNIS Application # 11526 MU'NIS Permit S# Application Fee Received $ U Check # l;] Credit Card ❑ Cash Planning & Zoning Commission Recommendation Gate City Council Final Action Date Revised 12/05/2019 '. p echil Use Cnii erki (S ii Us a Panmii ii a gists cin lyj ExplaiinticiwttlespeciciAciepErmitregcejlrrieicistMecritericiaelaw. Attochlado itiorialshe Eits,ifrEceisciq. 1) TMetlnoposEdsKleicia,lusE i0ArOlt SLIMsitanticillyinicrecisetraffic kazardiarcioriglcsVon. NCI �) TMeprioposEdsKlEcia,lusE will rot substantia rVyirareasefireMauarcs . 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I Plan 11 Eid DEIVE laprr E nt reizoniir gs anc SlpEicial L se PE limits c rely; C nie 11) set cd Plan Ed DevEdcpME lit daaumerits (Plar rec Ile%Eilc p1mar1 nezanin€Is c IN) CERTIT KATIONS The u ride nsignEic h nety ceutifiEis 1hal: 1) TlhEiyan(ilhEPraperlyOwriEir(s)ofRecclid fcntHEprctiidEsciiiin1his aplpllicaiicn; 2) 1hEy acknicwlEicgEi 1hal 1 h e spEcial use permil, if applraved, mill tEcarr e null anic zoic if the usE fcn mhich tHEi permit was €InanitEidccesratccmmErcewith inWEINE 12; rrani hsOf1hE aplppioealdate, Lnlesian1ExtemianHasbEer @nantEd;arc 3) 1 hE y acknom IEidg e 11 -al 1 hE y ane rEspansiblE for E nsu nirig 11 -al all nE quirE d licer ses ar d pE limits ane c ttair ec p nior to cc rrirriE nein@l arty u s e or m a rk an t h e ppiaperty. 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N Broadview St I n d e p e n d e n c e S t O r s c h e l n F a r m & H o m e 1 1 S K i n g s h i g h w a y C a p e G i r a r d e a u , M O 6 3 7 0 3 37.306303,-89. 5 5 4 7 3 7 8' Vin y l S e m i Private F e n c e along 3 sid e s u p t o edge o f P a d PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 2 G e n e r a t o r 2 " S c h 8 0 A M E R O N P i p e f o r M e t e r B a s e w / 1 " G r n d S l e e v e ATS-( 1 ) 2 " C o n d u i t f o r G e n e r a t o r (1) 1" C o n d u i t f o r A T S C o n t r o l w i r e 3 " g a p b e t w e e n p i p e s 6 ' - 9 " 6 ' - 6 " 1 ' - 1 1 " 6'-6" 1 1 3 6 10'-0"Pad 1 1 0 6 9 2 4 9 2 8 2 1 ' - 7 " P a d 1 3 ' - 6 " 1 3 ' - 6 " 1 2 1 6 2 1 2 1 19 1 " S c h 4 0 G r o u n d i n g S l e e v e 1 0 6 1 2 1 6 # 2 T i n n e d C U G r o u n d r i n g w / ( 1 0 ) 5 / 8 x 8 ' r o d s ( 1 4 ) 1 . 2 5 " P i p e s A p p x . 2 5 ' 2 3 2678 (14)1.25" PipesAppx. 54' 3 0 ' E a s e m e n t 2 " E l e c t r i c P i p e 1 " D a t a P i p e 1 1 / 4 " P i p e # 2 G r o u n d W i r e E a s e m e n t L i n e 5 / 8 " x 8 ' G r n d R o d G A S L I N E S i t e L e g e n d 1 " S c h 4 0 G r o u n d i n g S l e e v e 3 0 ' S I T E E a s e m e n t 36x60x36Hand Hole 3 6 x 6 0 x 3 6 H a n d H o l e 2 " S c h 4 0 G A S S l e e v e 30' SITEEasement 3 0 ' S I T E E a s e m e n t S E N E SW NW 1 0 ' U t i l i t y & A c c e s s E a s e m e n t t o S i t e 8' Vinyl SemiPrivate Fence on 3Sides up to edgeof Pad. PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 1 Sit e E a s e m e n t 3 0 x 3 0 E x i s t i n g G r o u n d L e v e l G e n e r a t o r Fiber Inter n e t Utility Shel t e r 1 ' - 5 " 8 ' - 0 " 8 ' V i n y l S l a t P r i v a c y F e n c e PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 3 r r � � .ttY4a� �Yj�l'✓.. ; N °44i�''Yyr P i•��[� A�6 4 '� ti53 , r y r. ,,.x J•'� Pk4 1 1 ! I a. b ig -• �,..., _ - �� of . � r +; '' �� • r �„tA W f r b ig 7/13/2021 Cape Girardeau, MO Code of Ordinances Sec. 30-334. - C-2, highway commercial district. (a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Arenas or stadiums. (2) Art galleries or museums. (3) Auditoriums or theaters. (4) Banks or other financial institutions. (5) Banquet facilities. (6) Bed and breakfasts. (7) Commercial day cares. (8) Commercial recreation facilities. (9) Driving ranges. (10) Funeral homes or mortuaries. (11) Governmental facilities. (12) Health or fitness centers. (13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. (14) Hospitals. (15) Hotels or motels. (16) Institutions of higher education, including business, career or technology schools. (17) Instructional schools for art, dance, music, martial arts or other disciplines. (18) Kennels. (19) Libraries. (20) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (21) Meeting halls. (22) Microbreweries. (23) Mini warehouses or self -storage units. (24) Nurseries or greenhouses. 1/4 7/13/2021 Cape Girardeau, MO Code of Ordinances (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreation vehicles or watercraft. (28) Parks or playgrounds. (29) Personal service establishments. (30) Pet grooming facilities. (31) Police or fire stations. (32) Residential treatment facilities. (33) Restaurants or bars. (34) Retail or rental establishments. (35) Television or radio studios, including any transmitting facilities. (36) Transit terminals. (37) Transitional housing. (38) Vehicle fueling, service or repair facilities, excluding body or paint shops. (39) Veterinary clinics or animal hospitals. (40) Warehouses or distribution centers. (41) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-4101 supplemental regulations. (d) Special uses. (1) Amusement parks. (2) Billboards, as permitted elsewhere in the City Code. (3) Campgrounds, travel trailer or recreation vehicle parks. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Manufactured business units, for office use only. (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use - by -right. (7) Short term or long term use of shipping containers for principal uses, as permitted in section 2/4 7/13/2021 Cape Girardeau, MO Code of Ordinances 30-402, supplemental regulations. (8) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total of eight (8) stories. (10) Vehicle body or paint shops. (11) Vehicle washing facilities, automatic or hand wash. (12) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) Outdoor display of merchandise is permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the City Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas, or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Sixty (60) feet, not to exceed five (5) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. 3/4 7/13/2021 (Ord. No. 5211 , art. 5, 7-15-19) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5211 , art. 51 adopted July 15, 2019, repealed the former § 30-334 and enacted a new section as set out herein. The former § 30-334 pertained to similar subject matter and derived from Ord. No. 5012, art. 5, adopted Oct. 2, 2017. 4/4 7/26/2021 Sec. 30-401. - Special use permits. Cape Girardeau, MO Code of Ordinances (a) 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 any special use specifically identified in the zoning district in which the special use is proposed. The city council may impose appropriate conditions and safeguards for the issuance of the special use permit, such as a limitation of the duration of the special use, a limitation of the parties who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements on the property. In cases where a special use permit application is submitted for a property in the H, historic overlay district, the historic preservation commission shall make a recommendation to the city council in lieu of approving or denying a certificate of appropriateness for any work covered by the special use permit. (b) Application forspeciai use permit. Application for a special use permit shall be submitted to the city manager using a form provided by the city, and contain all necessary information as determined by the city manager. The special use permit fee shall be per the city's fee schedule. Such application shall be processed in the same manner as provided in section 30-206 relating to application for a zoning district change. (1) In reviewing an application for a special use permit, the city council shall determine whether or not the proposed special use will: a. Substantially increase traffic hazards or congestion; b. Substantially increase fire hazards; c. Adversely affect the character of the neighborhood; d. Adversely affect the general welfare of the community; and e. Overtax public utilities. (2) If the council's finding is negative as to all of the criteria in section 30-401(b)(1), the application may be granted; if affirmative as to any of the aforementioned criteria, then such special use permit shall be denied. (3) Any use for which a special use permit is granted shall otherwise comply with all of the regulations set forth in this chapter for the zoning district in which such use is located. (Ord. No. 5012, art. 7, 10-2-17) Editor's note— Ord. No. 5012, art. 7, adopted Oct. 2, 2017, repealed the former § 30-401 and enacted a new section as set out herein. The former § 30-401 pertained to similar subject matter and derived from Ord. No. 4109, art. 2, adopted March 1, 2010. HE Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/4/2021 SUBJECT A public hearing to consider a request to rezone property at the northeast corner of Baldwin Drive and County Road 618 from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). EXECUTIVE SUMMARY A public hearing has been scheduled for October 4, 2021 to consider a request to rezone property at the northeast corner of Baldwin Drive and County Road 618. An ordinance rezoning the property is on this agenda as a separate item. BACKGROUND/DISCUSSION A rezoning application has been submitted for property at the northeast corner of Baldwin Drive and County Road 618. The applicant is requesting that the property be rezoned from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). The immediately surrounding properties are zoned C-2 (Highway Commercial District) to the north, west, and southwest. The other properties are outside the city limits and are not zoned. This area is characterized by residential and agricultural uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Medium Density Residential. A public hearing has been scheduled for October 4, 2021 to consider the rezoning request. An ordinance rezoning the property is on this agenda as a separate item. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property is proposed to be developed for a duplex subdivision. It is located just south of an existing duplex subdivision. R-3 is one of the zoning district equivalents of the Medium Density Residential future land use category in the Cape Vision 2040 comprehensive plan. The proposed zoning district is compatible the surrounding uses and consistent with the comprehensive plan, and as such it is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its meeting on September 8, 2021 and recommended approval of the rezoning request by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on September 19, 2021. In addition, a sign containing the date, time, location and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Name: Description: D Staff Review -Referral -Action FgmVdf NE Comer of Baldwin Dri\,e & County Road 618 - Staff RRA Form D Map - Zoning - Baldwin Creek Subdivision (Revisedl.pdf NE Comer of Baldwin Drive & County Road 618 - Zoning Map D Map - FLU - Baldwin Creek Subdivision (Revised).pdf NE Comer of Baldwin Dri\,e & County Road 618 - FLU Map D Application - Baldwin Creek Rezonkgpdf NE Comer of Baldwin Drive & County Road 618 - Application D CC-2.pdf C-2 District Regulations D RR-3Tpdf R-3 District Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE. NO. 1420 LOCATION: Baldwin Drive and Countv Road 618 STAFF RE1%IEW & COMMENTS: Meyr Properties, LP is requesting to rezone the above listed property from C-2 (Highway Commercial) to R-3 (High Density Single-family Residential). SEE STAFF REPORT FOR FURTHER INFORMATION `7 1 City P1 e W a/2 Date City A ey �4k71V7-'1- go Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City Date Planning & Zoning Commission Public Hearing Sign Pasting Date: Public Hearing Date: RECOMMENDED ACTION: Fav pr Oppose Abstain Scott Blank f ❑ ❑ Kevin Greaser ❑ ❑ Derek Jackson ❑ ❑ Patrick Koetting �/ ❑ ❑ Nick Martin ❑ ❑ VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Melissa Stickel Ed Thompson Sid Whittington Deborah Young 0 Oppose Favor,.Oppose Abstain ❑ ❑ Id ❑ ❑ Q f ❑ ❑ ❑ Ll Abstain atric oetting Planning & Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance I" Reading Ordinance 2"d & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Rezoning Request Northeast Corner of Baldwin Drive & County Road 618 Requested Rezoning from C-2 (Highway Commercial) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Medium Density Residential NV �� 13® I®1321 1221 I ®8 4 Wintefield Circle 86 ©80 1 1 °® 61 1t7e� ® 6 1 c .3 0 1461 4 1 0_0 ca -Summerfieid•Way'� 94 ° ® 86 082 0 e1 i® • 6 61 X10® ® 7 1 0 • 1311 2 ® AutuW 0 mn`Leaf Dr 96 ®®9 84 ®80 0 0 0 ® ,?3 0 0 1 85 N W_*/ F CITYOfCAPE G I R A R D E A U Created By: Carol Peters Planning Services Division August 23, 2021 170 340 680 F 0 Road 618 � o 3 0 _0 cII O 0-0 0 co 3605 •3 Stoniest_ ®43 10 0 Legend QArea to be Rezoned Parcels Zoning District C1 C2 R1 R3 R4 RUMD N W+ / E Rezoning Request Northeast Corner of Baldwin Drive & County Road 618 Requested Rezoning from C-2 (Highway Commercial) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Medium Density Residential 13® 1.13®I 1221 ® Winterfield Circle) 1 s= 1461 4 1 0 -0 • • • • q ,1 2 M -Summerfield.Way',1 • 61 9 • • ®1 ,10: 1 1311 2 • Autumn'-L-eaf Dr • • • • P3 m • 2596 I • County.Road 618 CITYOf CAPE G I R A R D E A U Created By: Carol Peters Planning Services Division August 23, 2021 170 340 680 Fee •y: 86 ;82 ® 7 • 84 ®•9 ••80 • WI 0 o� • C Stone. Crest 43 1 • • Legend = Parcels FLU Recommendation Local Commercial Medium Density Residential 0 Low Density Residential E7 Agricultural ` REZONING 1 SPECIAL USE PERMIT APPLICATION .; CITY Qf CAPE GIRARDEAU .r DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST. CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location Co Rd 618! LaSalle Ave Applicant Property Owner of Record (if other than Applicant) Meyr Properties. LP Mailing Address City, State, Zip Mailing. Address City, State, Zip 966 Co Rd 616 Jackson MG 63755 Telephone Email Telephone Email 573-335-206 Jjansen@k:oehlerengineering.com Contact 'Person (if Applicant is a Business or Organization) (Attach additional owners information, if necessary) ,Josh Jansen Type of Request @ Rezoning 0 Special Use Permit LI Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C2 R3 Legal description of property to be rezoned and/or upon which the special use is to be conducted see attached Describe the proposed use of the property. Duplexes Application continues on next page OFFICE USE ONLY Date Received & By L1 File #tom &1 MUNIS Application # %� MUNIS Permit #_ Application Fee Received $ 5 - IJ Check# r , 1 LJ Credit Card 0 Cash Planning & Zoning Commission Recommendation Date _ City Council Final Action Date Revised 12/06/2014 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request rneets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood, 4) The proposed special use will not adversely affect the generol welfare of the community. S) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this completed application forma, the following items must be submitted: REQUIRED ''' Application fee ($135.0€7 payable to City of Cape Girardeau + additional $80 for Planned Development rezonings) List of adjacent property owners (see Instructions for requirements) See Instructions for more ✓ One (1) set of mailing envelopes, stamped and addressed to adjaeent property owners information. _ One (1) full size copy of a plat or survey of the property, if available r One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, wilt become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any se,or work on the property. Propert 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 rProperty Owners) of Record hereby agree to the above certifications. -�os� 5�,�sr,,.•, g�rrj��-J AlSplicant Si nature and Printed Name Date Revised 12/06/2019 List of Property Owners Adjacent to 0 Co Rd 618 and 0 LaSalle Ave Property Owner Marne Property Qdrirecc Mailing oddrerr City r -tate Zip Cnde Jnhu n and dale 22)5 C_ Rd F1 R 3315 Co Rd 618 Jackson MO 63755 Maxine Hale Trust Co Rd f1R 45R Carltnn Rrl MLmintain Home Tx 7ROFR Chris and Stephanie K_ahlar 1 ga C_Uer i o r -aa Uesa I e Jackson MO 63755 Karen Eldridge Trust 121 Fox Run 415 Prertnnwnnd Trl Cape Girnrrieau Mn FR7n1 pdeyr Prppertiec i P Cn Rd Al R/ RS1;7 Raldwip r)r Qtr, C_ Rd r.1 r. Jaciecnn Un FR7gr, BALDIWIN CF E E K SUBCIIVISICIN DIESCRIF111ON BEGIN AT -RHE SCIUTHE AIST CORN E R CIR BALDIWIN PLAICE PHASE III SU BDIIV ISICIN, AI SU BUIVISION CIN RILE IN THE LANCI RECORDS OR CAPE GIRARDIEAU COUNTY, MISSOURI, IN DIOCUMENII NUMBER 3020-07333; THENCE SCIUTH 03"44'431" W EST, 57.02 REET; THENCE ALONE A CURVE TO THE UE HT, HAV ING ARAIDIIUSOF11,47E.00FEET,,ALENCTHOR3E11.EE REETIJTHECHOFCIOR SAIICI ARC BEARS SCIUTH 04°(14'59" EAST, 35(1.73 FE ET;; THENCE NCIRTH 911'38'92" EAST, 35.43 REET; THENCE NORTH 34'511'92'" EAST, 330.76 REET; THENCE NCIRTH 1111°03'46" EASIT, 317.54 RE ET; THENCE SOUTH 89°112'33" EAST,, 163.4E FEET,; THENCE NORTH 61°05'54" EAST, 71.85 REET; THENCE SOUTH 33°44'110" EAIST,, 24E.48 FEET TCI AI COMMON CORNER CIR TRACTS CONVE YED IN DIOCU M ENT N U M BEF 20311-0575EI AN CI 20111.0(1980,; THENCE CCINTINUE WITH THE SOUTH LIN E CIR SAID TRACH CONVEYED IN DIOCU M ENT N U M BER 201111-08980, SOUTH 33044'10" EAST, 100.00 RE ET; THE NCE ALONG A CU RV E TO THE LE HT, HAVING AI RACIIUS CIR 960.00 F E ET, LENGTH CIR 181.30 HE ET (THE CH ORD CIF SAID ARC BEARS SCIUTH 43°119'09" EmIT, 1186.43 F E E T;; THE NCE SOUTH 31°48'58" EAST, 370.59 RE E T TO AI F OINT IN CCIU NTY RCIAID #1618; TF E NCE W ITH SAID CCU NTY ROAD, SOUTH 48°2(1'02' WEST, 198.89 RE ET; TF E N CE ALCING A CURVE TO THE RIGHT, HAVING A RAIDIIUS OR 300.00 REET, A LENGTH OR 103.57 BEET (TF E CF ORD CIH SAID ARC BEAR19 SOUTH 58°13'36 WEST, 11(13.(19 REET) THENCE SOUTH 68006'49" W EST,, 136.411 FEET,; THENCE ALONG AI CURVE TO THE RIG HT, HAVING A RADIUS OR 800.00 REET, LENGTH OH 11041.53 FEET (THE CHORD OH SAID ARC BE AIRS SOUTH 7111114" VUESIT, 1104.45 REET;; TF EN CE 9CIUTH 75'3E'59" WEST, 133.62 HEIST; THENCE UEAVING THE CENTER OR SAID COU NTY ROAD #6118, NORTH 114°24'01" W E ST, 25.00 REET; THE NCE AUCING THE ARC OR AI N ON- TAINGENII CUFVE BEING CONCAVE 110 THE NCIRTH\AKill, HAIVING A RADIUS CIR 22.00 RE BT, LBNGTH OF 39.06 HE ET (THE CHCIRD CIR SAID ARC BEARS NOR11H 34'44'30'' BAST, 34.13 RE ET;; THENCE NCIRTH 36006'99" \AESIT, 301 .30 RE BT; THENCE ALCING ACURV9TOTHE RIGHT, HAV ING AI RADIUS CIR 1,E 25.00 RE E11, LENGTH CIH 768.18 F EET (THE CHORD CIH SAID ARC BE AIRS NCIRTH 111°411'09" WE!rF, 160.08 REET); THENCE NORTH 03'44'413"' HAST, 511.9(1 FEET TO THE SOUTHEAST CORN ER OR LICIT 2 CIH SAID BAILMAIN RUACE PHAISE III SUBDIVISION; THENCE WITH THE SOUTH LIN E OR BAIL DW IN CIRIVE, SOUTH (16'15'02" EAST, 90.CI0 REET TO THB POINT OR BEC IN N ING. 7/13/2021 Cape Girardeau, MO Code of Ordinances Sec. 30-334. - C-2, highway commercial district. (a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Arenas or stadiums. (2) Art galleries or museums. (3) Auditoriums or theaters. (4) Banks or other financial institutions. (5) Banquet facilities. (6) Bed and breakfasts. (7) Commercial day cares. (8) Commercial recreation facilities. (9) Driving ranges. (10) Funeral homes or mortuaries. (11) Governmental facilities. (12) Health or fitness centers. (13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. (14) Hospitals. (15) Hotels or motels. (16) Institutions of higher education, including business, career or technology schools. (17) Instructional schools for art, dance, music, martial arts or other disciplines. (18) Kennels. (19) Libraries. (20) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (21) Meeting halls. (22) Microbreweries. (23) Mini warehouses or self -storage units. (24) Nurseries or greenhouses. 1/4 7/13/2021 Cape Girardeau, MO Code of Ordinances (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreation vehicles or watercraft. (28) Parks or playgrounds. (29) Personal service establishments. (30) Pet grooming facilities. (31) Police or fire stations. (32) Residential treatment facilities. (33) Restaurants or bars. (34) Retail or rental establishments. (35) Television or radio studios, including any transmitting facilities. (36) Transit terminals. (37) Transitional housing. (38) Vehicle fueling, service or repair facilities, excluding body or paint shops. (39) Veterinary clinics or animal hospitals. (40) Warehouses or distribution centers. (41) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-4101 supplemental regulations. (d) Special uses. (1) Amusement parks. (2) Billboards, as permitted elsewhere in the City Code. (3) Campgrounds, travel trailer or recreation vehicle parks. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Manufactured business units, for office use only. (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use - by -right. (7) Short term or long term use of shipping containers for principal uses, as permitted in section 2/4 7/13/2021 Cape Girardeau, MO Code of Ordinances 30-402, supplemental regulations. (8) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total of eight (8) stories. (10) Vehicle body or paint shops. (11) Vehicle washing facilities, automatic or hand wash. (12) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) Outdoor display of merchandise is permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the City Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas, or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Sixty (60) feet, not to exceed five (5) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. 3/4 7/13/2021 (Ord. No. 5211 , art. 5, 7-15-19) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5211 , art. 51 adopted July 15, 2019, repealed the former § 30-334 and enacted a new section as set out herein. The former § 30-334 pertained to similar subject matter and derived from Ord. No. 5012, art. 5, adopted Oct. 2, 2017. 4/4 Sec. 30-324. - R-3, high density single-family residential district. (a) 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. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot. (2) Duplexes, two-family dwelling units. (3) Townhouses. (4) Cluster subdivisions, as permitted in chapter 25 of the City Code. (5) Public parks, playgrounds, and recreational facilities. (6) Police and fire stations. (7) 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. (8) 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. (9) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. (10) 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. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-403, supplemental regulations. (2) Home occupations, as permitted in section 30-405, supplemental regulations. (3) Home day cares, with no more than four (4) unrelated children in a twenty -four-hour period as permitted in section 30-408, supplemental regulations. (4) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. (5) Solar energy systems, as permitted in section 30-410, supplemental regulations. (6) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (d) Special uses. (1) Home day cares, with five (5) or more unrelated children, as permitted in section 30-408, supplemental regulations. (2) Bed and breakfasts. (3) Cemeteries, on a minimum of ten (10) acres of land. (4) Transitional housing. (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. (7) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (e) Height, area, bulk and setback requirements. (1) Maximum height.- a. eight.a. When side yards are less than fifteen (15) feet in width, two and one-half (2Y2) stories not to exceed thirty-five (35) feet. b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed forty-five (45) feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit. c. Single-family, five thousand (5,000) square feet. (3) 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. (4) Minimum lot width: a. Townhouses and duplexes: Twenty (20) feet. b. All other uses: Thirty (30) feet. (5) Minimum yard requirements: a. Frontyard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty (20) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty (20) feet. c. Side yard: 1. Townhouses and duplexes: None. 2. All other uses: Three (3) feet. (f) 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. (2) Landscaping, shall be provided as required in chapter 25 of the City Code. (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. (g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 5012, art. 4,10-2-17) Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-324 and enacted a new section as set out herein. The former § 30- 324 pertained to similar subject matter and derived from Ord. No. 4109, art. 2. adopted March 1, 2010; Ord. No. 4149, art. 4. adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7, 9, adopted March 7, 2011. Staff: Bruce Taylor, Deputy City Clerk Agenda: 10/4/2021 SUBJECT Approval of the September 20, 2021, City Council regular session minutes. ATTACHMENTS: Name: Description: ❑ DRAFT 2021.09.20 ReeularsessLnMinutes.pdf Minutes 2021-09-20 regular session DRAFT Regular September 20, 2021 LL -97 STUDY SESSION — September 20, 2021 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, September 20, 2021, starting at 5:00 p.m. with Mayor Bob Fox presiding and Council Members Stacy Kinder, Shelly Moore, Dan Presson, Nate Thomas, and Shannon Truxel present. Robbie Guard was absent. REGULAR SESSION — September 20, 2021 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday 20, 2021, at 5:31 p.m., with Mayor Bob Fox presiding and Council Members Stacy Kinder, Shelly Moore, Dan Presson, Nate Thomas, and Shannon Truxel present. Robbie Guard, was absent. ADOPTION OF THE AGENDA A Motion was made by Dan Presson, Seconded by Nate Thomas, to adopt the Agenda. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Absent: Guard I\» XI.7\0[".1 Geneva Patterson, resident of 510 Olive Street. asked about item 11. The Mayor stated that it changed the City Ordinance related to the hours of Sunday liquor sales to make our Ordinance consistent with the newly adopted State statute. CONSENT AGENDA Approval of the September 7, 2021, City Council regular session minutes and closed session minutes. BILL NO. 21-136, an Ordinance approving the record plat of Cape West Crossing East First Subdivision. Second and Third Readings. BILL NO. 21-137, an Ordinance approving the record plat of J.E. Burton Subdivision. Second and Third Readings. BILL NO. 21-138, an Ordinance approving the record plat of River's Edge Subdivision. Second and Third Readings. BILL NO. 21-139, an Ordinance appropriating the expenditure of American Rescue Plan funds related to Public Safety Professional Services, for the fiscal year ending June 30, 2022, in the City of Cape Girardeau, Missouri. Second and Third Readings. DRAFT Regular September 20, 2021 LL -98 BILL NO. 21-140, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 3203 Bloomfield Road, 440 South Mount Auburn Road, 614 Northview Drive, and a portion of the vacated Northview Drive right-of-way, in the City and County of Cape Girardeau, Missouri, from R-1 to C-2. Second and Third Readings. BILL NO. 21-141, an Ordinance accepting Temporary Construction Easements from various property owners, for the Main Street Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 21-142, an Ordinance vacating the City's interest in a portion of Giboney Avenue Right -Of -Way, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 21-143, a Resolution authorizing the City Manager to execute a Demolition Contract with Ronald Kucera, Jr., for the demolition of a building located at 50 Centennial Drive, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 21-144, a Resolution of support for the proposal from RCH Development, Inc., for the South Side Village housing development, in the City of Cape Girardeau, Missouri. Reading and Passage. A Motion was made by Dan Presson, Seconded by Shannon Truxel, to approve and adopt. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Absent: Guard BILL NO. 21-136 will be Ordinance NO. 5451; BILL NO. 21-137 will be Ordinance NO. 5452; BILL NO. 21-138 will be Ordinance NO. 5453; BILL NO. 21-139 will be Ordinance NO. 5454; BILL NO. 21-140 will be Ordinance NO. 5455; BILL NO. 21-141 will be Ordinance NO. 5456; BILL NO. 21-142 will be Ordinance NO. 5457; BILL NO. 21-143 will be Resolution NO. 3430; and BILL NO. 21-144 will be Resolution NO. 3431. NEW ORDINANCES BILL NO. 21-145, an Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Sunday Liquor Sales. First Reading. A Motion was made by Dan Presson, Seconded by Shannon Truxel, to approve. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Absent: Guard BILL NO. 21-146, an Ordinance Appropriating the Expenditure of Transportation Trust Fund 6 Funds for Capital Expenditures for the Fiscal Year Ending June 30, 2022, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Nate Thomas, Seconded by Shannon Truxel, to approve. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Absent: Guard APPOINTMENTS Appointment to the Airport Advisory Board DRAFT Regular September 20, 2021 LL -99 A Motion was made by Stacy Kinder, Seconded by Nate Thomas, to appoint Shawn Wasson to serve on the Airport Advisory Board for a term expiring April 30, 2023. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Absent: Guard Appointment to the Parks and Recreation Advisory Board A Motion was made by Nate Thomas, Seconded by Stacy Kinder, to appoint Mark Stone to serve on the Parks and Recreation Board for a term expiring October 29, 2022. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Absent: Guard MEETING ADJOURNMENT A Motion was made by Dan Presson, Seconded by Stacy Kinder, to adjourn from regular session at 5:37 p.m. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Absent: Guard Bruce Taylor, Deputy City Clerk Bob Fox, Mayor Staff: W. Eric Cunningham, City Attorney Agenda: 10/4/2021 SUBJECT An Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Sunday Liquor Sales. EXECUTIVE SUMMARY Due to the passage of Senate Bill 126, this Ordinance amends the time of Sunday sales found in Sect 5-40(i). BAC KGROUND/DISCUSSION In the 2021 Missouri Legislative Session, Senate Bill 126 was approved and signed by the Governor. Among other measures, the bill includes a provision changing the hours for Sunday Sales from 9:00 a.m. to 12:00 a.m., to 6:00 a.m. to 1:30 a.m. on Monday. Accordingly, this Ordinance amends the hours contained in Section 5- 40(:) of the City Code. STAFF RECOMMENDATION Staff recommends the approval of the attached Ordinance to make our City Code provision consistent with state law. ATTACHMENTS: Name: Descdption: ❑ Amending Ch 5 SundU Liquor Sales.doc Ordinance BILL NO. 21-145 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING SUNDAY LIQUOR SALES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 5-40(i), entitled "Fees", of Article II of Chapter 5 of the City Code, reading as follows: Sec. 5-40. - Fees. (i) Sunday sales. In addition to any other fee established pursuant to the terms of this section, any person possessing the qualifications and meeting the requirements of this chapter, who is licensed to sell intoxicating liquor at retail, may apply for a special license to sell intoxicating liquor at retail between the hours of 9:00 a.m. and midnight on Sundays, for an additional fee of three hundred dollars ($300.00) a year payable at the same time and in the same manner as its other license fees. is hereby repealed in its entirety and a new Section 5-40(i), entitled "Fees", of Article II of Chapter 5 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 5-40. - Fees. (i) Sunday sales. In addition to any other fee established pursuant to the terms of this section, any person possessing the qualifications and meeting the requirements of this chapter, who is licensed to sell intoxicating liquor at retail, may apply for a special license to sell intoxicating liquor at retail between the hours of 6:00 a.m. and 1:30 a.m. on Mondays, for an additional fee of three hundred dollars ($300.00) a year payable at the same time and in the same manner as its other license fees. ARTICLE 2. If any section, subsection, sentence, clause, 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. 1 ARTICLE 3. 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 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 2 Staff: Dustin Ziebold - Finance Director Agenda: 10/4/2021 SUBJECT Ordinance adopting appropriation of expenditure related to Transportation Trust Fund VI funds not included in the adopted budget for the fiscal year ending June 30, 2022. EXECUTIVE SUMMARY Beginning January 1, 2021 the City of Cape Girardeau began collection of TTF VI sales tax. This ordinance would appropriate funds available from tax revenues received to begin work on streets. BACKGROUND/DISCUSSION This ordinance would appropriate the amount of $1,800,000 to cover street repair and work designated within TTF VI. FINANCIAL IMPACT The entire amount of this appropriation is covered by received revenues under the new tax since January 1. STAFF RECOMMENDATION It is recommended this ordinance be adopted to begin work on designated street work related to the TTF VI sales tax initiative. ATTACHMENTS: Name: Description: D TTFVI - Street Renair.doc Ordinance BILL NO. 21-146 ORDINANCE NO. AN ORDINANCE APPROPRIATING THE EXPENDITURE OF TRANSPORTATION TRUST FUND 6 FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR ENDING JUNE 30, 2022, 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 Transportation Trust Fund 6 for expenditure during the fiscal year June 30, 2022, for payment of capital improvements, in the following amount: Streets (TTF 6) - One Million Eight Hundred Thousand Dollars ($1,800,000) to cover street repair. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/4/2021 SUBJECT A Resolution authorizing the City Manager to execute a Release of Lien for property located at 1215 Good Hope Street, under the Home Repair Opportunity Grant Program, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes a Release of Lien pertaining to a housing rehabilitation grant for the property at 1215 Good Hope Street. BACKGROUND/DISCUSSION On July 25, 2018, the owner of the property at 1215 Good Hope Street entered into a grant agreement with the City as part of the Home Repair Opportunity (HeRO) Program. The grant agreement constituted alien against the property in the event the owner failed to comply with the terms of the program. The owner has fulfilled the terms of the program; therefore, the lien needs to be released. The Release of Lien is attached. Also attached is the grant agreement, for reference. FINANCIAL EWACT There is no direct financial impact to the City. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute a Release of Lien for the property at 1215 Good Hope Street. ATTACHMENTS: Name: Description: D Release of Lien 1215 Good Hope St.ndf Resolution D Release of hen - 1215 Good Hope Street.pdf Release of Lien - 1215 Good Hope Street D Regulatory Agreement - HERO Grant Program - 1215 Good Hope Street.pdf Regulatory Agreement -1215 Good Hope Street BILL NO. 21-147 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR PROPERTY LOCATED AT 1215 GOOD HOPE STREET, UNDER THE HOME REPAIR OPPORTUNITY GRANT PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City of Cape Girardeau, Missouri, previously entered into an Agreement with Annette M. Totton dated July 25, 2018, for the grant of funds to make repairs to property located at 1215 Good Hope Street - All of the North 113.5 feet of Lot Numbered Four (4) in Block Numbered Twenty -Nine (29) of West End Place Second Addition in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 13 in the land records of Cape Girardeau County, Missouri, all pursuant to the Home Repair Opportunity Grant Program; and WHEREAS, said Agreement was recorded in the land records of Cape Girardeau County, Missouri, in Document Number 2019-00289; and WHEREAS, Annette M. Totton has fulfilled the terms of said Agreement, and it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Manager is authorized to execute a Release of Lien and to cause said Release to be recorded in the land records of Cape Girardeau County, Missouri, so that the above described property may be free of any lien or claim by the City of Cape Girardeau, Missouri, by reason of the Agreement dated July 25, 2018, and recorded in Document Number 2019-00289 of the land records of Cape Girardeau County, Missouri. PASSED AND ADOPTED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk RELEASE OF LIEN WHEREAS, Annette M. Totton is the owner of a dwelling located on the following described real estate in the City and County of Cape Girardeau, Missouri, more particularly described as follows, to -wit: 1215 Good Hope Street All of the North 113.5 feet of Lot Numbered Four (4) in Block Numbered Twenty -Nine (29) of West End Place Second Addition in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 13 in the land records of Cape Girardeau County, Missouri; and WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant of money for the repair, rehabilitation, and improvement of said dwelling; and WHEREAS, Annette M. Totton and the City of Cape Girardeau, Missouri entered into a Regulatory Agreement, MHDC HeRO Program, dated July 25, 2018, and recorded in Document Number 2019-00289 in the land records of Cape Girardeau County, Missouri, said Agreement establishing the terms of said grant; and WHEREAS, said Agreement constituted a lien against the above described property; and WHEREAS, Annette M. Totton has fulfilled the terms of said Agreement; and WHEREAS, the balance of said grant has been paid in full; and WHEREAS, it is the desire and intention of the City of Cape Girardeau, Missouri, to release said lien. NOW, THEREFORE, comes the City Manager of the City of Cape Girardeau, Missouri, pursuant to Resolution Number , adopted by the City Council of the City of Cape Girardeau, Missouri, on October 4, 2021, authorizing the City Manager to execute this Release, and the City Manager, pursuant to said authorization of the City Council, does hereby remise, release and forever quit claim its lien against the above described property on account of the hereinabove described agreement. Further, the City of Cape Girardeau, Missouri, its successors and assigns shall be forever excluded and barred from enforcing said lien. (Signatures on following page) ATTEST: City Clerk STATE OF MISSOURI SS. COUNTY OF CAPE GIRARDEAU CITY OF CAPE GIRARDEAU, MISSOURI Dr. Kenneth Haskin, City Manager BE IT REMEMBERED, that on this day of , 2021, before me, the undersigned notary public, personally appeared Dr. Kenneth Haskin, City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation organized and existing under the laws of the State of Missouri, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public My Commission Expires: R9GL LATORN AC REI EMB NT IFeRO HOME REPAIR; hl} 25, 1018 823 2710 Tx: 4194W EXCUMENT # 21019-Qa 28S ANDREIW CAIVID BLAITNER RECORDER CIF D EIEDIS CAPE GI]RIARIDE AU C OUNTV, MCI RECCIRDED ON 01/111/ 20119 09:56:45 AM RE( REE: 4 2.00 PAGES. 7 C W TOR HON E CIWN9R aRon Iric m ing RL rposas Clr ly): AnrlElttE M.Tallari 113119 C and HopE 91., Ca pe GinauC E aL Missouni 63103 GRANTEE QRor Iric w ing RL nposes Only): N 19SOUR1 HOUSING DBVBLORMENT CCIMMIS910( 92C1 Mair, SUi1El 1400, Kanisas City, Missm ni 6411C13 LECAIL DESCFIRTION: Slee atta cH ed Elx h ibit "A" R9TU RN WORDED DOWN ENT TO: HE F Cl Pro@nam MMSICURI HOUSING 3VELCIFMENTCICIMM1991CIN S1,0 Main, SlLite 1140C, Kanias Clily, MiSSaL ri f141105 F ala I of 7 RIG U LATORY AIC REHM EINT MhIDC HeRO FVogram QThrlee Year; THIS REI(ULATGIRY AIGREEMENT II"AgrElElment") mac EI the e15th cay of JuIY 3Cl'18 by arid k Eltv+iearl MISSOURI HC USING DEV E3LC FIMEINT CC MMIS.' ION jl "NI HDC";, a k cic y corFlorai EI arlC Flc litic undE r th EI IE ws of the State of Missouri, with ofilices at TIC Win, ! L itEI 1400, Kansas Clity, Missouri 64109, anC Ar nette M. Motion whose aC C (less is 12,15 Gooc F oFlp 9t., Car a Ghaic eau, Missal ri Q"C Wf IEIII") Klro%ides as fclllows: V%HERE3AIS, MFD(I ai the IIegLEsi of 1he CIWnEIr, is Flro%icing ilinarlcing irl the mclurii till <�2,5ao.oa fcr certEin Fame rlepairs, rlehEbilitation and/or rElcorsl nL cticir, with 11L nc s mE dEI available from the Missc L ri Housing DeVE IOpmElrlt Commission ("MF DCI") underthe HOMES Irnesiment FlarinlershiFls RncEnarn Qthe "HOME" Program"), ES c eSCIRR E C in Title 11, the Cnanstorl-Gonzalez NE tional A Hort ablEl F ousin8 Act "f AFA";, Ruklic LEiw No. 101-E1a9" ]104 5tEt.41C1-AS 1j719190), such financirigbEling mace pursL a nt 1 o the rL les a nd rE ®L latior s KlrclmL 18ated th E rElunderl, irlaiu c iriEl 24 CIFR 93 Ili to "HUD REglulatiarls"), all arIFllicakle rules and negulatiorls Qthe "MHDC RegLlElions") prornulgalElc by MFDCI pursLant 1a the StatEl HousirEl Act of MiSSOLrIi, ChaFlten J115 R.9.N o. 1994 as aME rIC EIC Qthe "Stat E Act aric all Othff a F F lit at IE StE tEl sl atutes (th E "Etato Act"; JOEI EI S1 ate Ad, M HDC ReBL IE 1 ions, KIM EE, NA HA Find HUCI HEIgUlaticirls herleir after c c llecti%Elly CE IIeC th EI "Acts ar1C Regu laticirls"j, 1 i" EI novena nts, Wilms Eric (ianC iticirls cif ulh iah am 1:y this refElrElr ce in(lcnipcniatec herein as ill sol forth verk atim; and, WHEIREIAIS, 1 h EI C.Iv1lrlEIII IS tli EI occiupant and c WrlElr irl fEIEI simple Clll rEISIC Elntial land arlC in' pro%Ements located in Ca PEI Ginandcau ll City; CapeGinaueiau QCOL nty) ICI the 51 al EI Of MiSSOL Ili and more PE rtiCL laxly described it E) I ibil `"A"` Qthe "Property"), attEl ah ed h EIIIEtCl a r c incorporatElc by rElfEIrEIr CEI hereir; it nd, WF 9REAIS, the Clwr E n is a low-irlcomEI home ciwr EIr and OCCL pE rii as defined 1:y 1 h EI Acis and Regulaticirls; "HEREAIS Owner mill LSEI the HOMEI lurds necleived from MHDC tci finance aert2lirl rElplairs, rE h a k ilitE tiori E rIC/or rlecorlstru(Iticirl of th EI F ncIKlEIr1 y; E nd, WHERE PIS, M F DCI requires, as a conditicir preceC Elrt to th EI rEIKIE ir, rehak ilii atiari arlc /or reaorsl rL aticirl of i h EI FIIICEIerly Ill 11 EI "REIFlairs" ), 1 h at MI- DCI and Owner agree is 08CI 1 EI, C EIIiVEIr a rlc reCIOIIC this AdrEIElment in til EI affiClial land recoic s ail the county it which the Property is SitualElc, whereby the Owner aanEEIS W nerlair nestrliaticins pertainirl®ici thEl sale aftl-EI Rroperty; and, Fla ge 2 cif ' NCW„ THORSFOR9,, in reliznae on, erlc in aonsicenatiorl all, the MOLal plrerrise9 Eric co%er a nits hereir after set forth Eric ai h Erll vz luz ble c ar sidenation, 1 h 6 IIEICElipt Eric sufficiericy of M is H are heneby aaknowlecgec, CkA nEul Eric MHDC agree is follows: 1. The OwnElr irlteric s, c acilares and covenants th alt, duning 1 h E 1 enm of this AgrElElment, this Agreement and 1 h e aovErnarlts and restrictions set forth herein rahlL lal in€I and nesl rictirl€I the C m r1En's sale all thEl Rllop Elrly shall be t irlc ing ari the C miriEln, as person2 I CON E1r a its of the Owner and sH E II UL r1 with 111 E land. �I. The Cwrier represents E ric vtalnlants thil1 the ElNeciLtiori arlc performancEl of This AgreElmerit by the Owner will not % iolE tEi, or is a p pllic a t le, hav a not violated a riv pro%isiclrl of law, rule on ne®Llatiarl, or any culcen of any court or any agenciy on €IavernrriErital Cody, and will riot %iolzitEl or, as alppli(atlE, ha\El riot vialatElc any provision of an inc enture, 218119emElrlt, mortga Ela, marl BagEl note, or a1 h EIII insl UL ment to which the C"rler is a r a rlv or by which Owner an Ch rIEul'S p roplerty is t CIL nc . 3. Th a OwnE r rerlrE SEfnts 2 r c u\ annants that at the time ail the El)eclL 1 ion Eric deli\ erM of 11- is AgreElmerit, th El CIN rlen h as good zinc marketat le 1 itle to th EI RrClrlElrt v, free arid Clear of z rly lien or enc L mt nan(le, e) CElpt the encu ml: ra nCEI c reatElc by this A€IllaemElrit, a linst morlgagEl lien, s1 aric and building set -t ack lines and eoSElmelrts, 2 nc ath en mattElrs as set farl h on th a lot r1 title insuranc a rlaliq Ilan the Property aric os appllavec by MHDC in its neasorablEl c iscrEllion. 41. Th El CIN nail is a lay. ••inciorrlEl home cNA rlElr aric aac L p ant as c efirlElC t V the A cts aric REI€IL lotions. 9. ThE Cwrien sl -all al 2111 1 imE1s comply v\ ith 1 h El Acts and Regulations and all orrllicatlEl MHDC rE1clLinemElnts, as ihE ame may bEl Emencec fronll time la time. In ac c ition, Cwrier agrees riot to commit any acts all permit any of ClwriER's a®ents, guests or anti r En sora actin8 or Clwrler's t E h alll to commit a r v acts which iril Elrlere Will' 1 h El Repairs. 6. The OwrIEIr warrarll s that it has riot and will not, exEIClute clr y othen FI€IIIEIerrllElr t with provisions contrac ictaryl to, or it zip p asiticirl to, til E1 p navis ions h erElof, and tl' 01 the negLirElments of this Agreement ane r anarrount and aontnollinig as to the rli€Ihts and cit ligal ions h erein set forth aric supersede any other ne1gL irElmerits in conflict henewith . I 1 h a Gmirien also warror 1 s that, i H raL €Ih CIL 1 the term of this AgreElmElrlt: 1a) 1 h e C wriElr s H 2 II use aric maintain 11-a Property as Owner's principal residence aric in no &,ent shall Owner LSEI said Property as rental all in\ Elsl m erlt pJIICI ll lrl v. FL rt h 911, ClwnElr shill riot sell, transfer or (ar vey 1 h EI Propffl v on (aL SEI 1 itle to 1 h EI Rnaperiy to t EI vested in another pori V in any othEnl mannan. F aga 2 of 7 It: If, plriori to the Eixpliration of tF is AgrEiEiment, I F El Property is solc or th a h ou se is forEicdasec ori, MHDC is to be replaic aill of the fu ric s used to replair, i eh a t ilitate and/c i rEicionstru ct thEi property frc m the r1Eit Fli ciceec s of the stile or fc rE cdcisu rE a1 thEit House aric if ric 9u ah net plroceeds are availatle, Owner shall be re9Farsible far repayrrler11t diriectlyto MF DC. 11c) if, plrior to t[Ei Expiiiation cil the AgreEmerit, tFEI Clwr11Eu1 iefirian(IEI this plropEirty, 1 F E1 ChiriEiiiagrE1E s to rEiplay MHDC zit of the 1u ric s used to rE qa ir, I-Eih a t ilii ate a ric /or reconstruct tF E Property. Subondiriatioris "ill not LEI €Ir arited. c TF EI Owner will not cF air ®e tF E use of 1 F e Propert), cu any parttF Eu Eof,, to a use citF EIII tF 2111`1 for sire€llE-family occupancy. (e TFEI Cwrier, as requested by MHDC, shall tirrEly submit to MHDC such dOCu mentation as is rEiqu ired by MHDC to %erliily completion of the Replain9 aric coritinu irg aampliaricEi with this AgrElErment. jfI The CIH rIE r F e1` eby agreEis aur c car sEirlts 1F21: M HDC shi 11 be Eirl itled, for any brleaaF of the plrclvisions of tF is Agreement hereof wF icF i9 nat cu I -EIC with tri nicely IISIO) cat's after celivErry of a wnitien noticE of any sr. ah trea11cll (or sr. ah lori®er pladoc as shall t e r1Eiec Etc to ct rEr such t rea11cF plro%is EIC th at Owner expEiditiaL sty corn mEincEis to aure samE1 witF in such lime pleriac and c iliEently pursues same to aompletian), it i c ditian to a II other ierrrElc ies plravicec by law or in equity, to enforce by speaific periormariae all a1 the atligations of Owner under 11 -is A€lrearnErt it a state court oil complEiient jurisc ici ion. (€I) TV EI Owner h Eii-Eity a €li ees tF at the replresE r11 al ions and aaveriar11 s set fc ri F HEIrEiin may be reliEic upon ty MHQC. 8. Thi9 AgreemE11ril arc sale iestrictioris splEaified Fereiri, 91ali commencEi ori thEI date the Owner arc MHDC Execute this Agreement Ilthe "Commenaement Date"), aric sl- all automatically 1 Eirminate ori the tF irc (I'd) aririi%ersary all I F a CommercEiment Date. In 1Fe e%ant of EixtremEi FaicsFip, tFa terms all thi9 A€lreEment may LEI waived, absent fraud ai misrepresentatic r1. TF EI determination of exi 1`E me F arldsh ip sF all IJE at MHDC's Sole aric at solute c iscretion aric MHDC sF a 11 F ave sole c isarel ior11 in c Enter rnininll \A111' Ell F E1111 F a 1 E rms of thi9 A ®reemerit shou lc be waivec . SI. Na waivEir, moc ificatior11, a ItE ration, amendment, or assignmerit of this AgrEiement shall 1:9 biric ing u r111 it sr, ah waiver, me c ificatiarl, alteral ion, a mEinc merit, cui a ssignmEirit is rEic u aed 1 o writiri€l aric ea E c11utEic by Owner and NIHDC. Aaga 4 of I 110. 1 F EI irlvalic ity of any clat se,, plan or F uclvision of tF is AgrElElment shall riot afilelcl the vatic ity Of 1 HEI remaining Flarl ions 1 F Elneof. 111. All notiClEls to be given F u 1131L aril to this AgreElment shall bEl in writina ane shall be eeemEIC gi%erl wH en rr ailed 1:y curl ifiec mail, rel L rn rElceipt rElgt, estec, on FIElrsarlally dEIINE111Elc to the parties hereto, ai the alednesses 101 fortH at tIlEI teginnira of this Agieemer 1, or to suclll a11'er place as Elil Il Ell Marty may frlom 1 imEl to time C ElsignEll EI in wrlil ing deli%ened to the other E arty it acaarc arlcEl herElwith, 12. Ail forms nElgL ired t y this A Elneemelnt shall tel on fora s ruCIL ired car approVElc ty Mf- DCI. 13. This AgrElEMErlt shall be OOVEIrrIElc by the laws ail thEl Slate of Missouri, and wF ere aFIFllicaL IE,1 F e laws of the L nited Stat Els of A merica. IN VI ITNIM151 WHOR90R,, tH EI pari ies ha%e C L Iy execs 1 ae arc C EIiiVEIIIEIC 1 H is AEII Element as a1I 11` EI datEl first written abOVEI. =A-<� OwneeName: Annette M. Totticr Cla-0m nee N a rr e: MATE C F N 193OUR1 ss. COUNTY OF St. Fran - i CIN th is 25th c ay of Jiily , 2018, t afore me persarlally aFlpeanec AnnE ne M. Totlon kr own to me 1 a be the plarlsar (s; wN o exeCL ted the foregoina AEIrElement and alcknowlEfc E EIC to rr E that Heirseill executed the same fors 1 H EI purposes therein si ated ar c tH EI saic herself a6 r awledgEIC (hirr self) (H Elrself) (themsE 1%esj to be (un--r-rarri4 manniedl. GIVEN ur c Elr my F arc and seal of office 1 F is 25th c ay Of JWy 201 EL X41 14 Notaryl At, t lice My Clommissior expires:02/2Q2021 INALM L GOODMAN N of iq publla - Notary Sea ' 8W a Ms.lour Comrr iss toned fde St Ftancoi:l Gocutty MyNmrrOsiae Expires; Februaaryry 24 2 Commission Numban 134523 7 Hage 5 of 7 9TAT9 C F M I!ISICIURI ss COUNTY OF .IA03D MISISOLlR1 HC USING DEV ElCFIVENT COMMISSIO-N i� Tiria 9EIEI11 Dir adclrof Operrtions Be it rerrElmhElred that befClrEl me, a Ncllary Public in aric 11CIr scid StalEl, personally Z FIKIE z l ac Tina a aer, known tome Flan9orially and k nowr tcl rrEI to t EI th EI duly appoirlled Autl cniized AgElnt aril thEl FIElI9Clrl wl"cl eAecutec the ailareszic irlstrumElrlt ty virtue of the authoriity vested in heir by ChaFltEri 2119, R.9.Ma., 1195141, as amarICElc, an at knowlElC Bed th c 1 she E) ecu 1 ec thEl aforesaid instrument for z nc on l: Elh E If of tr e Missouri Hol. sing Clamrr ission for 1 h EI purposes 1 h ElrElin e) FlrElssed• G ioen u rlc Elr m} h z rrc aric seal ail ofilice th is JO dCly o 2015. Ny commission eNFlires: F aile 6 of 1 C E@ (1R* : , STIMN , _�• ' 6 y cla mmisslon Exp re: :. T '+= Augusl25,7f21 . SEA1Clla! I County 9 fF Clommissior #1351903E F aile 6 of 1 ExHIE IT "Au L9GAl DESCRIPTION All of the North 113.5 feet c fl Lon Numberred flour (4; in Block Numbered Twenty—nine (29) afl Went End Place Seccincl Addilt131azi inl the Clity of Cape Gilrairdesu, Missouri, as shoria•`iiy plat recorded in il]lat Hack 2 Et page 13, land records cfl aspe Girardeau 30un ty; ' Missourl. Also known and numbered: 1'2113 Gdc d He pei St Cclia Gli t ax d eaui, MO F age c f l ;I Staff: Amy Ferris, PE, City Engineer Agenda: 10/4/2021 SUBJECT Acceptance of waterline and sidewalk public improvements to serve the new VA (Veterans Administration) Behavioral Health Hospital at 711 S. Mt. Auburn Rd., in the City of Cape Girardeau. BACKGROUND/DISCUSSION Cape Girardeau, LLC. constructed public improvements to serve the new VA Hospital. These consisted of waterline and sidewalk improvements. Water 155.0 L.F.: 8" Diameter PVC Water Line 1 Each: 8" Gate Valve 1 Each: 8" PVC End Cap 1 Each: Fire Hydrant Assembly Sidewalk 725.0 L.F.: 6' Wide 4" Thick Concrete Sidewalk All improvements, except for 20' of sidewalk, are complete and ready to be accepted into the City's system. The contractor can not place this 20' section of sidewalk until the gas utility work is completed. Staff intends to hold the Certificate of Occupancy for the building until the sidewalk section is completed. These improvements were inspected by City Staff and were completed generally in accordance with the approved plans. FINANCIAL IMPACT The improvements were installed by private contract. Once accepted into the City's system, the City will be responsible for routine maintenance and, if necessary, any repairs. STAFF RECOMMENDATION Staff recommends the Council accept, by motion, the public improvements to serve the new VA Hospital into the City's System. ATTACHMENTS: Name: Description: D VA Clinic Map.pdf VA Hospital Council Map a ITfAPE V.A. Clinic Y i6, NOi (ter a ry 650 + NPv t F y�� ilk - k '� Y, T ••,,��rr11�[[xx'� �, ��. rpt p 3 *WS �. F. Y. L 000 m. 1p .0 95 MM:` ' � o LEGEND Q Cape City Addresses Parcel 0 80 160 Feet I i i i I i i i I 1:1,476 Oeated bY' Development Serv'res CITY ':.'°{pr'E GIDADDe" + TeraHef— Ati--water Rea —, eta Sources, Date: 611512021 I. ONef Cape GiraNe uGov ent MO —d-t-y—L NAD 1983^8tatxPlane Missouri Ea9 FIP52401 Feet mpg g Jc�pupo s. mrn-c-tnresa mcumenmtMap_ manmtTe ea_w g_ p_c vemw +".� Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/4/2021 SUBJECT An Ordinance granting a special use permit to Ritter Communications and Henderson Enterprises, LLC, for purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street, in the City and County of Cape Girardeau, Missouri. First Reading. EXECUTIVE SUMMARY The attached ordinance grants a special use permit for a fiber optic equipment shelter facility at 2365 (formerly 2399) Independence Street. A public hearing on the special use permit request was held on October 4, 2021. BACKGROUND/DISCUSSION A special use permit application has been submitted for the property at 2365 (formerly 2399) Independence Street, which is zoned C-2 (Highway Commercial). The applicant is proposing to construct and operate a fiber optic equipment shelter facility on the property, which is a special use in the C-2 district. The property is currently undeveloped. The proposed facility consists of an 8 foot by 12 foot equipment shelter and a generator on a concrete pad, with a 10 foot wide gravel access drive from Independence Street leading to a gravel parking area in front of the pad. The gravel parking area can accommodate two parking spaces. Refer to the attachments for more information. Certified copies of the application, application file, and the following applicable sections of the City Code are attached: Section 30-334 - C-2, Highway Commercial District Section 30-401 - Special Use Permits The attached ordinance grants a special use permit for the proposed fiber optic equipment shelter facility. A public hearing on the special use permit request was held on October 4, 2021. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IWACTS See the attached staff report for analysis. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the special use permit request, subject to several conditions. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on September 8, 2021 and recommended approval of the special use permit request, subject to the staff recommended conditions, with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on September 19, 2021. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Name: Description: ❑ SUP Ritter Enterprise 2365 hrdependence.doc Ordinance ❑ Staff Review -Referral -Action Form.pdf 2365 Independence Street - Staff RRA Form ❑ Staff Report P Z SUP 2399 Independence Street (Fiber Optic Equipment Shelter Facility).pd 2365 Independence Street - Staff Report ❑ Man_ 2399_ Independence St SUP! Zonine.pdf 2365 Independence Street - Zoning Map ❑ Mapes 2399 Independence StSUP_ FLU.pdf 2365 Independence Street - FLU Map ❑ Application - 2399 Independence_Street SUP.pdf 2365 Independence Street - Application ❑ Ritter Communications - Cane 2365 Independence Street - Site Plan ❑ Fauipment Shelter Photo Ba,rVle.pdf 2365 Independence Street - Equipment Shelter Photo Example ❑ CC-2Tpdf G2 District Regulations ❑ Sec 30-401 -_Special Use Pemrits.pdf Special Use Permit Regulations BILL NO. 21-148 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RITTER COMMUNICATIONS AND HENDERSON ENTERPRISES, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING A FIBER OPTIC EQUIPMENT SHELTER FACILITY AT 2365 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Henderson Enterprises, LLC, are the owners of certain property on which Ritter Communications wishes to construct, maintain, and operate a fiber optic equipment shelter facility, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said shelter facility is 2365 Independence Street, Cape Girardeau, Missouri, which property is presently zoned C-2, Highway Commercial District; and WHEREAS, a Special Use Permit is required for said use in the C-2, Highway Commercial District. 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, or fire hazards, nor will it 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 the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street, in the City and County of Cape Girardeau, Missouri, located on the following described property: A PART OF LOT NO. 1, POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOK NO. 8 AT PAGE NO. 158, LYING IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (SET) ON THE WEST LINE OF LOT 1 OF COURT 1 SUBDIVISION, PLAT NO. 2 AS RECORDED IN DOCUMENT NO. 2020-13087 IN THE LAND RECORDS OF SAID COUNTY, FROM WHICH A 1" IRON PIPE (FOUND) AT THE 1 NORTHWEST CORNER THEREOF BEARS, N 050 26' 54" E, 230.00 FEET; THENCE S 050 26' 54" W, 30.00 FEET ALONG SAID WEST LINE TO A 1/2" IRON PIN (SET); THENCE LEAVING SAID WEST LINE, N 840 33' 06" W, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE N 050 26' 54" E, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE S 840 33' 06" E, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING, 900 SQUARE FEET, MORE OR LESS. is hereby granted to Ritter Communications and Henderson Enterprises, LLC, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use shall 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 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 is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten (10) days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. ATTEST: Bruce Taylor, Deputy City Clerk N Bob Fox, Mayor Exhibit A SPECIAL USE PERMIT Ritter Communications and Henderson Enterprises, LLC, are hereby granted a Special Use Permit for the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: A PART OF LOT NO. 1, POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOK NO. 8 AT PAGE NO. 158, LYING IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (SET) ON THE WEST LINE OF LOT 1 OF COURT 1 SUBDIVISION, PLAT NO. 2 AS RECORDED IN DOCUMENT NO. 2020-13087 IN THE LAND RECORDS OF SAID COUNTY, FROM WHICH A 1" IRON PIPE (FOUND) AT THE NORTHWEST CORNER THEREOF BEARS, N 05° 26' 54" E, 230.00 FEET; THENCE S 050 26' 54" W, 30.00 FEET ALONG SAID WEST LINE TO A 1/2" IRON PIN (SET); THENCE LEAVING SAID WEST LINE, N 840 33' 06" W, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE N 05° 26' 54" E, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE S 840 33' 06" E, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING, 900 SQUARE FEET, MORE OR LESS. This Special Use Permit is granted upon the condition that the grantees be bound by all City ordinances which pertain to the Special Use Permit and that the grantees be bound by the following special conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the grantees to comply with these special conditions, the Special Use Permit will automatically terminate and the City shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. The special use shall meet all applicable requirements of the Zoning and Development Codes except for the landscaping and pavement exceptions approved as part of this permit. 2. The final design of the fence shall be subject to approval by the City staff. 3. The portion of the access drive located in the right-of- way shall be paved. 4. Major modifications to the special use (including, but not limited to, the site plan) shall require the approval of the City Council. 5. This permit shall automatically expire 12 months from the date of issuance if the building permit has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 6. This permit is not transferable without the approval of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 2021. Dr. Kenneth Haskin, City Manager ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2021, before me appeared Dr. Kenneth Haskin, 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 said instrument was signed and sealed on 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. Notary Public My Commission Expires: Exhibit B (IF APPROVED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 20 , the Cape Girardeau City Council considered the application for a Special Use Permit dated August 10, 2021 filed by Ritter Communications and Henderson Enterprises, LLC for the property located at 2365 Independence Street, Cape Girardeau, Missouri, for the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility. In examining this application, the following factors were considered and found as noted: 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 30-401 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 the attached Special Use Permit (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Bob Fox, Mayor Yes No N/A City Council Findings: The Proposed Special Use, 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 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 30-401 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 the attached Special Use Permit (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Bob Fox, Mayor (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 20 , the Cape Girardeau City Council considered the application for a Special Use Permit dated August 10, 2021 filed by Ritter Communications and Henderson Enterprises, LLC, for the property located at 2365 Independence Street, Cape Girardeau, Missouri, for the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use, 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 5. Overtax public utilities. 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 30-401 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 the attached Special Use Permit (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Bob Fox, Mayor CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Special Use Permit Application FILE NO. 1421 LOCATION: 2399 Independence Street STAFF RE VIEW & COMMENTS: Fitter Communications is requesting a SUP for a fiber optic equipment shelter on property in the C-2 (Highway Commercial) zoning district at 2399 Independence Street. SEE STAFF REPORT FOR FURTHER INFORMATION. j City PI r Cl Date City Aho ey Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City M r Date Planning & Zoning Commission Public Hearing Pasting Date: Public Hearing Date; RECOMMENDED ACTION; FaWUr Oppose Abstain Favo} Oppose Abstain Scott Blank ❑ Melissa Stickel 2d[aLlDevin Greaser ud, ❑ L3Ed Thompson ❑ ❑ Derek Jackson R5 ❑ ❑ Sid Whittington ❑,/ ❑ ❑ Patrick Koetting Gni ❑ L] Deborah Young I p ❑ Nick Martin a ❑ Lj VOTE COUNT: Favor 0 Oppose D Abstain COMMENTS; CITIZENS COMMENTING AT MEETING; 0 atr k Koett' 'g Planning & Zoning Commission Secretary Public Hearing Posting Date: City Council Action Public Hearing Date; Ordinance I" Reading Ordinance 2"d & 3'"d Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner MEETING DATE: September 8, 2021 SUBJECT: Special Use Permit Request for Property at 2399 Independence Street A special use permit application has been submitted for the property at 2399 Independence Street, which is zoned C-2 (Highway Commercial). The applicant is proposing to construct and operate a fiber optic equipment shelter facility on the property, which is a special use in the C-2 district. The property is currently undeveloped. The proposed facility consists of an 8 foot by 12 foot equipment shelter and a generator on a concrete pad, with a 10 foot wide gravel access drive from Independence Street leading to a gravel parking area in front of the pad. The gravel parking area can accommodate two parking spaces. The Zoning Code (Chapter 30 of the City's Code of Ordinances) authorizes the City Council to grant special use permits in accordance with Section 30-401. In order for a special use permit to be granted, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. Staff has reviewed the application in relation to the criteria and made the following findings: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: The proposed facility will be unmanned. There will be no traffic except for maintenance purposes. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The proposed facility will not involve any activities or materials that substantially increase fire hazards. It will operate in compliance with the City's Building and Fire Codes. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. ItP4pA s� ,u 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 subject property is located in a commercial corridor. The nearest residential property is over 800 feet away. The proposed facility will be situated in the southeast corner of the property, behind the Orscheln store. The facility will be visible from the Cape LaCroix Recreational Trail. The applicant is proposing to screen the sides and rear of the facility in order to mitigate the visual impact to users of the trail. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The proposed facility will allow the applicant to provide communication services to the city's residents and businesses. Criterion #5: The proposed special use will not overtax public utilities. Finding: The proposed facility will only require electric and gas services, which are readily available. In reviewing the application, staff has identified the following exceptions from the Development Code (Chapter 25 of the City's Code of Ordinances): Landscaping. Section 25-803(a) requires a minimum of 15% of the total area of the site to be landscaped. Section 25-804(b) requires a minimum of 15% of the total area of the parking lot to be landscaped. In lieu of providing the required landscaping, the applicant is proposing to install a vinyl privacy fence along the rear and sides of the facility. This qualifies as a substantial equivalent because these two requirements are primarily intended to provide an aesthetic enhancement, which the proposed fence also provides. Pavement. Section 25-205(c) requires the parking spaces and the first 75 feet of the access drive to be paved. The intent of this requirement is to provide a high- quality driving surface for commercial traffic, and to prevent gravel from being transferred to the street by vehicles. The proposed facility will be unmanned and there will be no traffic except for maintenance purposes. Additionally, due to the size and location of the facility, it is very likely that additional development will occur on the property in the future. When such development does occur, it will likely screen the facility from the street to a certain extent and possibly upgrade a portion of the access drive to pavement. This qualifies as a substantial equivalent. Based on the above findings, staff recommends approval of the special use permit request, subject to the following conditions: ItP4pA s� ,u 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 1. The special use shall meet all applicable requirements of the Zoning and Development Codes except for the landscaping and pavement exceptions approved as part of this permit. 2. The final design of the fence shall be subject to approval by the City staff. 3. The portion of the access drive located in the right-of-way shall be paved. 4. Major modifications to the special use (including, but not limited to, the site plan) shall require the approval of the City Council. 5. This permit shall automatically expire 12 months from the date of issuance if the building permit has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 6. This permit is not transferable without the approval of the City Council. ItP4pA s� ,u 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 2399 Independence Street Special Use Permit Request 97 P Special Use Permit Requested for a fiber optic equipment shelter :97 P in the C-2 (Highway Commercial) District 97 Future Land Use Recommendation: Suburban Mixed Use 97 97 �� # :350 • 97 _ m J • �Z Z 97 i9?9.9 •9.97 - ; Independe a St" -_ t 106 - 2399 • �4 1 Proposed location of fiber optic equipment shelter i i 2436' 4y 430 4 its r s 2437 243 ; D2R37.29137 •2437 y` A N WE - 2410 S = CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters ry August 16, 2021 Ilam mlin 15 • 1 5 0 17 0 r •19 25 `3 r� Merriwether_St � Y 31 J • 10 Legend (D 2 406 .11 EMSpecial Use Permit Leased Area y Parcels r 404 Zoning District 240 C2 " - M1 2399 Independence Street Special Use Permit Request r- 171 - •'a 97 Special Use Permit Requested for a fiber optic equipment shelter;97 in the C-2 (Highway Commercial) District •97 Future Land Use Recommendation: Suburban Mixed Use :97 s: 97 • p 350 97 *+ i • r� m �7 �,1 J 97 97 Z i i9� • •9.97 Independences 106. 1 2399 r z Proposed location of fiber optic equipment shelter 2436 2430 2437 243 137.21137 Y� •2437 ` ,. I 4� 1 1 1 N W E 2410 c S JI 2406 ' CITYOf CAPECO G I R A R D E A U Created by: Development Services 2406''' Carol Peters August 16, 2021 _ — Iliam St 15 19 • 5 F 19 7 Merriwether 31 • Legend QSpecial Use Permit Leased Area Parcels Future Land Use 404 Suburban Mixed Use Regional Commercial Local Commercial \ REZONING 1 SPECIAL USE PERMIT APPLICATION i. CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT. 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (673) 339- 327 Property Address/location �} �j �>r west of address 11 S Kingshighway; 37.306303,-89.554737 vS r l ►� tf -2 y14u"lce Applicant Property Owner of Record (if other than Applicont) Ritter Communications HENDERSON ENTERPRISES LLC (Daniel Henderson) Mailing Address City, State, Zip Mailing Address City, State, Zip PO BOX 17040 Jonesboro, AR 72403 - — 437 COUNTY RD 318 JACKSON, MO 63755 — - Telephone -- Email Teiephone Entail 870-926-2855 darrid@356-solutions.com 573-587-1837 ezclean@gmail.com Contact Person (1f Applicant is a Business or Organization) (Attach additional owners information, if necessary) David Jordan Type of Request L3 Rezoning [d Special Use Permit 0 Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C-2 Legal description of property to be rezoned and/or upon which the special use is to be conducted A PART OF LOT NO. 1, POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOTS NO. SAT PAGE NO. 158, LYING IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A 112" IRON PIN (SET) ON THE WEST LINT= OF LOT 1, COURT 1 SUBDIVISION, PLAT NO. 2 AS RECORDED IN PLAT DOCUMENT NO. 2020-13087, FROM WHICH A 1" IRON PIPE (FOUND)AT THE NORTHWEST CORNER THEREOF BEARS, N 05° 26'54" E, 230.00 FEET: THENCES 05' 26'54" W, 30.00 FEET ALONG THE SAID WEST LINE OF LOT 1 TO A 112" IRON PIN (SET), THENCE LEAVING SAID WEST LINE, N 84' 33,06" W, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE N 05" 26'54" E, 30.00 FEET TO A 112" IRON PIN (SET); THENCE S 84° 33'06" E, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING, 900 SQUARE FEET, MORE OR LESS. Describe the proposed use of the property. Installing a Unmanned Fiber Optic 8x12 foot Shelter to house equipment that will serve the city of Cape Girardeau with Fiber Internet, Data Storage solutions, and communication solutions. This building will be the only one in Cape and necessary for the building of the fiber infrastructure in the City. Application continues on next page OFFICE LISE ONLY Date Received & By d - i � � File# t 12 f MUNIS Application # 11526 MU'NIS Permit S# Application Fee Received $ U Check # l;] Credit Card ❑ Cash Planning & Zoning Commission Recommendation Gate City Council Final Action Date Revised 12/05/2019 '. p echil Use Cnii erki (S ii Us a Panmii ii a gists cin lyj ExplaiinticiwttlespeciciAciepErmitregcejlrrieicistMecritericiaelaw. Attochlado itiorialshe Eits,ifrEceisciq. 1) TMetlnoposEdsKleicia,lusE i0ArOlt SLIMsitanticillyinicrecisetraffic kazardiarcioriglcsVon. NCI �) TMeprioposEdsKlEcia,lusE will rot substantia rVyirareasefireMauarcs . NCI ThEipraposedstleaiaJuse wiVnotciduerselyafjcatttlecVlcukiatercijtMereigmb(irVrcioc. NCI S) TME prapoied speciail WE wi,V rot ciduensOy affect Me cleriercil ua(�farei of the caimmuriity. NO SI) ThE prapcisedspeciaduJE1will riot civeirtarpufflicutiVtiEs. NCI ADDITIONAL ITEMS Ir ac c it is n tc this comp IEtEid ap plicaticini fcinm, l h Ei 1 ollom inpl ii ems mu s1 t e su t rr ittEid: REQUIRED ✓ App licatior 11eEi (;11c15.CCll p ayat le to C ity of C ape Cllivarc eau ii ac c itior al %CII feta P IannEid DEli rr Grit uEz( riinlli) ✓ t i! i cf adjaceinil p raplcmty awners (jec inisiruclioir s for regi uirEimer ts,I See instivaticiris]crmcuie V Orieil, sEtolrrailin€IenvGlapEs,slampEidanc adcnessEdic aciacerl prci iy cwn1Ers irJonrnaticin. 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I Plan 11 Eid DEIVE laprr E nt reizoniir gs anc SlpEicial L se PE limits c rely; C nie 11) set cd Plan Ed DevEdcpME lit daaumerits (Plar rec Ile%Eilc p1mar1 nezanin€Is c IN) CERTIT KATIONS The u ride nsignEic h nety ceutifiEis 1hal: 1) TlhEiyan(ilhEPraperlyOwriEir(s)ofRecclid fcntHEprctiidEsciiiin1his aplpllicaiicn; 2) 1hEy acknicwlEicgEi 1hal 1 h e spEcial use permil, if applraved, mill tEcarr e null anic zoic if the usE fcn mhich tHEi permit was €InanitEidccesratccmmErcewith inWEINE 12; rrani hsOf1hE aplppioealdate, Lnlesian1ExtemianHasbEer @nantEd;arc 3) 1 hE y acknom IEidg e 11 -al 1 hE y ane rEspansiblE for E nsu nirig 11 -al all nE quirE d licer ses ar d pE limits ane c ttair ec p nior to cc rrirriE nein@l arty u s e or m a rk an t h e ppiaperty. Pnopleriy Owner all REicand c igr aft tie anc Pnini Ed NarrE DatE 1praiuiac cidc ilicir cit ciwr Eirs signatu rc s ar c prin tc a ncirries in thl e sp aicc tledcitti, if ap p Vcatlk1 The unicersi@lnEd hEnety cerliliesthatthey arEi an aElEirt duly authorizEd by 1hE PnapEnty OmnEn(s) of REiccttid to ME this aplplliaaiian an 1 heir Hall aIf, ar d th a 1 1 h E Pro i Ownie r(s) of RE OC lid 11 E nE by apinEiEi to 1 he abavE cEirtificatic ris. 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N Broadview St I n d e p e n d e n c e S t O r s c h e l n F a r m & H o m e 1 1 S K i n g s h i g h w a y C a p e G i r a r d e a u , M O 6 3 7 0 3 37.306303,-89. 5 5 4 7 3 7 8' Vin y l S e m i Private F e n c e along 3 sid e s u p t o edge o f P a d PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 2 G e n e r a t o r 2 " S c h 8 0 A M E R O N P i p e f o r M e t e r B a s e w / 1 " G r n d S l e e v e ATS-( 1 ) 2 " C o n d u i t f o r G e n e r a t o r (1) 1" C o n d u i t f o r A T S C o n t r o l w i r e 3 " g a p b e t w e e n p i p e s 6 ' - 9 " 6 ' - 6 " 1 ' - 1 1 " 6'-6" 1 1 3 6 10'-0"Pad 1 1 0 6 9 2 4 9 2 8 2 1 ' - 7 " P a d 1 3 ' - 6 " 1 3 ' - 6 " 1 2 1 6 2 1 2 1 19 1 " S c h 4 0 G r o u n d i n g S l e e v e 1 0 6 1 2 1 6 # 2 T i n n e d C U G r o u n d r i n g w / ( 1 0 ) 5 / 8 x 8 ' r o d s ( 1 4 ) 1 . 2 5 " P i p e s A p p x . 2 5 ' 2 3 2678 (14)1.25" PipesAppx. 54' 3 0 ' E a s e m e n t 2 " E l e c t r i c P i p e 1 " D a t a P i p e 1 1 / 4 " P i p e # 2 G r o u n d W i r e E a s e m e n t L i n e 5 / 8 " x 8 ' G r n d R o d G A S L I N E S i t e L e g e n d 1 " S c h 4 0 G r o u n d i n g S l e e v e 3 0 ' S I T E E a s e m e n t 36x60x36Hand Hole 3 6 x 6 0 x 3 6 H a n d H o l e 2 " S c h 4 0 G A S S l e e v e 30' SITEEasement 3 0 ' S I T E E a s e m e n t S E N E SW NW 1 0 ' U t i l i t y & A c c e s s E a s e m e n t t o S i t e 8' Vinyl SemiPrivate Fence on 3Sides up to edgeof Pad. PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 1 Sit e E a s e m e n t 3 0 x 3 0 E x i s t i n g G r o u n d L e v e l G e n e r a t o r Fiber Inter n e t Utility Shel t e r 1 ' - 5 " 8 ' - 0 " 8 ' V i n y l S l a t P r i v a c y F e n c e PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 3 7/13/2021 Cape Girardeau, MO Code of Ordinances Sec. 30-334. - C-2, highway commercial district. (a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Arenas or stadiums. (2) Art galleries or museums. (3) Auditoriums or theaters. (4) Banks or other financial institutions. (5) Banquet facilities. (6) Bed and breakfasts. (7) Commercial day cares. (8) Commercial recreation facilities. (9) Driving ranges. (10) Funeral homes or mortuaries. (11) Governmental facilities. (12) Health or fitness centers. (13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. (14) Hospitals. (15) Hotels or motels. (16) Institutions of higher education, including business, career or technology schools. (17) Instructional schools for art, dance, music, martial arts or other disciplines. (18) Kennels. (19) Libraries. (20) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (21) Meeting halls. (22) Microbreweries. (23) Mini warehouses or self -storage units. (24) Nurseries or greenhouses. 1/4 7/13/2021 Cape Girardeau, MO Code of Ordinances (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreation vehicles or watercraft. (28) Parks or playgrounds. (29) Personal service establishments. (30) Pet grooming facilities. (31) Police or fire stations. (32) Residential treatment facilities. (33) Restaurants or bars. (34) Retail or rental establishments. (35) Television or radio studios, including any transmitting facilities. (36) Transit terminals. (37) Transitional housing. (38) Vehicle fueling, service or repair facilities, excluding body or paint shops. (39) Veterinary clinics or animal hospitals. (40) Warehouses or distribution centers. (41) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-4101 supplemental regulations. (d) Special uses. (1) Amusement parks. (2) Billboards, as permitted elsewhere in the City Code. (3) Campgrounds, travel trailer or recreation vehicle parks. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Manufactured business units, for office use only. (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use - by -right. (7) Short term or long term use of shipping containers for principal uses, as permitted in section 2/4 7/13/2021 Cape Girardeau, MO Code of Ordinances 30-402, supplemental regulations. (8) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total of eight (8) stories. (10) Vehicle body or paint shops. (11) Vehicle washing facilities, automatic or hand wash. (12) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) Outdoor display of merchandise is permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the City Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas, or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Sixty (60) feet, not to exceed five (5) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. 3/4 7/13/2021 (Ord. No. 5211 , art. 5, 7-15-19) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5211 , art. 51 adopted July 15, 2019, repealed the former § 30-334 and enacted a new section as set out herein. The former § 30-334 pertained to similar subject matter and derived from Ord. No. 5012, art. 5, adopted Oct. 2, 2017. 4/4 7/26/2021 Sec. 30-401. - Special use permits. Cape Girardeau, MO Code of Ordinances (a) 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 any special use specifically identified in the zoning district in which the special use is proposed. The city council may impose appropriate conditions and safeguards for the issuance of the special use permit, such as a limitation of the duration of the special use, a limitation of the parties who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements on the property. In cases where a special use permit application is submitted for a property in the H, historic overlay district, the historic preservation commission shall make a recommendation to the city council in lieu of approving or denying a certificate of appropriateness for any work covered by the special use permit. (b) Application forspeciai use permit. Application for a special use permit shall be submitted to the city manager using a form provided by the city, and contain all necessary information as determined by the city manager. The special use permit fee shall be per the city's fee schedule. Such application shall be processed in the same manner as provided in section 30-206 relating to application for a zoning district change. (1) In reviewing an application for a special use permit, the city council shall determine whether or not the proposed special use will: a. Substantially increase traffic hazards or congestion; b. Substantially increase fire hazards; c. Adversely affect the character of the neighborhood; d. Adversely affect the general welfare of the community; and e. Overtax public utilities. (2) If the council's finding is negative as to all of the criteria in section 30-401(b)(1), the application may be granted; if affirmative as to any of the aforementioned criteria, then such special use permit shall be denied. (3) Any use for which a special use permit is granted shall otherwise comply with all of the regulations set forth in this chapter for the zoning district in which such use is located. (Ord. No. 5012, art. 7, 10-2-17) Editor's note— Ord. No. 5012, art. 7, adopted Oct. 2, 2017, repealed the former § 30-401 and enacted a new section as set out herein. The former § 30-401 pertained to similar subject matter and derived from Ord. No. 4109, art. 2, adopted March 1, 2010. HE Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/4/2021 SUBJECT An Ordinance approving the record plat of Wood and Huston, Plat No. 1. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a one -lot subdivision located at 111 South Broadview Street. BACKGROUND/DISCUSSION A record plat has been submitted for Wood and Huston, Plat No. 1, located at 111 South Broadview Street. The area to be resubdivided is zoned C-2 (Highway Commercial). The plat resubdivides two lots to create one new lot. An existing 10 foot wide utility easement is proposed to be released as part of this plat. Staff supports releasing the easement because there are no existing or proposed utilities in it. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its September 8, 2021 meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: D Record Plat -Wood and Huston Plat NO. l.doc Ordinance D Staff Review -Referral -Action Fonnpdf Wood and Huston, Plat No. 1 - Staff RRA Form D Mgp Wood and Huston Plat No. l.ndf Wood and Huston, Plat No. 1 - Map D 210047 Subdivision Plat Anulication.pdf Wood and Huston, Plat No. 1 -Application D 210047 Wood and Huston Plat 2021-0921 S.ndf Wood and Huston, Plat No. 1 - Record Plat BILL NO. 21-149 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF WOOD AND HUSTON, PLAT NO. 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Wood and Huston, Plat No. 1, being all of Lot 14 of Independence West First Commercial Subdivision as recorded in Plat Book 13 at Page 18 in the land records of Cape Girardeau County, Missouri, and all of Lot 15 of A Resubdivision of Parts of Independence West First and Second Commercial Subdivisions as recorded in Plat Book 14 at Page 55 of said land records, all located in Section 1, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Wood and Huston Bank, a Missouri Corporation, bearing the certification of David Thomas Butcher, a Registered Land Surveyor, dated the 23rd day of September, 2021, 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Wood and Huston, Plat No. 1 LOCATION: 111 South Broadview Street STAFF REVIEW & COMMENTS: A record plat has been submitted to combine two (2) lots at 1731 Peaniscot Street. SEE STAFF REPORT FOR MORE DETAILS. City P r Date d cityk4ttomey Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City M er - Date Planning & Zoning Commission RECOMMENDED ACTION: Favo Oppose Abstain Wr Favay� Oppose Abstain Scott Blank ❑ ❑ Melissa Stickel C'2' ❑ El Kevin Greaser L-1 El Ed Thompson 0 ❑ Derek Jackson ❑ 0 Sid Whittington ❑ 0 ❑ Patrick Koetting I ❑ ❑ Deborah Young y1r, ❑ ❑ Nick Markin ❑ ❑ VOTE COUNT: Favor Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Planning & Zoning Commission Secretary City Council Action Ordinance P Reading Ordinance 2"d & 3rd Reading: ORDINANCE # Effective Date: WOOD AND HUSTON, PLAT NO. 1 ` SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision T e of Plat Wood and Huston, Plat No. 1 [Record F3 Preliminary FLI Boundary Adjustment Applicant Property Owner of Record (if other than Applicant) Crockett Engineering Consultants, LLC Wood and Huston Bank Mailing Address City, State, Zip Mailing Address City, State, Zip 1000 W Nifang Blvd., Bldg. 1 Columbia, MO 65203 27 F=ast North Street Marshall, MCS 65340 Telephone Email Telephone Email 573-447-0292 dbutcher@crockettengineering.o 660-886-6825 mthompsonPwoodhuston.com Contact Person (If Applicant is a Business or organization) (Attach additional owners information, if necessary) David Butcher Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Mailing Address City, State, Zip Mailing Address City, State, Zip Telephone Email Telephone 'Email ADDITIONAL ITEMS In addition to this completed application form, the fallowing items must be submitted: REQUIRED ✓ Review Fee (payable to City of Gape 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 lnstructionsformore Non -Residential . $20.00 per acre ($7.00.00 minimum) information. V. Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adiustment 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 cast differs from the deposit amount) J Two (2) full size prints of the plat ✓ digital file of the plat in .pdf format (can be emailed to cityl)lannirne@cityofcape.org) V Completed minimum requirements checklist CERTIFICATION 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 notifi the Property er(s f Record and the developer of these requirements./ %% +/ /1J/ Applicant Signature and Printed Name OFFICE USE ONLY Date Date Received & 6y File # MUMS Application # MU NIS Permit #!_ Review Fee Received $ Recording Fee Received $ ❑ Check # O Credit Card ❑ Cash Preliminary and Retard Plats: Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 7}15/2020 City of Cape Girardeau Subdivision Plat Requirements (Record Plats) MINIMUM REQUIREMENTS FOR RECORD PLATS —COMPLETE CHECKLIST AND SUBMIT WITH APPLICATION (First column of check boxes is for professional engineer/surveyor, second column is for city staff) NAME OF SUBDIVISION: Wood and Huston, Plat Na. 1 ■ ❑ Sheet size - 18" x 2.4", 24" x 24", or 24" x 36" N IJ White background with black text and graphics; greyscale allowed; no other colors ■ ❑ Border - rectangular, solid line(s) ■ ❑ Title block - include name, address, and phone number of consultant preparing the plat; include box for original issue date and at least 3 revision issue dates ❑ ❑ Sheet number, if plat consists of more than one sheet ■ ❑ Plat title - located at the top of the sheet, preferably centered begin with "RECORD PLAT"; name cannot be a duplicate of an existing subdivision in the county or begin with "A RESUBDIVISION OF" ■ ❑ Description beneath plat title - if existing platted lots are involved, begin with "ALL OF" or "PART OF" as applicable; include Black Number if applicable; include gook and Page or Document Number of existing plat; include vacated right-of-way/alley if applicable; end with "IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI" ■ ❑ References - list all deeds, plats, separate easement instruments, etc. used in preparing the plat; include Boob and Page or Document Number for each, if recorded ■ ❑ North arrow with basis of bearings ■ ❑ Graphic scale -1:100 or less; must be a multiple of 10 r ❑ Vicinity map - lines only (no Images; all nearby streets and major streets labeled; site iabeled; include North arrow and "NTS„ or "NOT TO SCALE"; use transparent background For labels ■ ❑ Legend - list found monuments first, followed by set monuments, followed by: "SUBDIVISION BOUNDARY LINE", "LOT LINE TO BE ELIMINATED" and/car "NEW LOT LINE" as applicable, "EXISTING EASEMENT LINE" and/or "NEW EASEMENT LINE" as applicable, "BUILDING SETBACK LINE", "EXTERNAL PROPERTY LINE", "RIGHT-OF-WAY LINE", "CENTERLINE", other symbols as applicable 11 F1 Curve table and/or line table, if necessary - include unit symbols for distances/lengths ■ ❑ subdivision boundary and internal lines accurately drawn and labeled with bearing and distance or referenced to curve table/line table ❑ ❑ Section/township/range lines accurately drawn and labeled ■ ❑ Adjacent parcel lines accurately drawn ■ ❑ subdivision boundary and internal lots checked for closure ■ ❑ Each proposed lot labeled with lot number and area expressed in square feet and acres ■ ❑ All parcels within and adjacent to the subdivision boundary labeled with record owner name and Book and Page or Document Number for deed ■ ❑ All existing platted lots within and adjacent to the subdivision boundary labeled with subdivision name and Book and Page or Document Numberfor plat ■ ❑ All existing easements within the subdivision boundary labeled as existing; include type of easement (water, sewer, utility, access, etc.); include Book and Page or Document Number, if recorded ■ ❑ All new easements within the subdivision boundary labeled as "NEW —'UTILITY EASEMENT", "NEW _'ACCESS EASEMENT", or other type of easement as applicable ■ ❑ All building setback lines within the subdivision boundary labeled; include depth ■ ❑ All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width ❑ ❑ All private streets within and adjacent to the subdivision boundary labeled with street name followed by "(PRIVATE STREET)" along with existing access easement information, if applicable, or shown in a new 50 foot access easement ■ ❑ Notes: • Zoning - include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setbacks; if zoning district has different standards based on land use type, include all standards and state the proposed use type(s) • Lot - include total number of lots, largest lot area, smallest lot area, and total subdivision area; include proposed density (for residential subdivisions) Revised 7/15/2020 MINIMUM REQUIREMENTS FOR RECORD PLATS GONT[NUED • Variance, if applicable - begin with "A VARIANCE 15 SHOWN FOR" followed by "A REDUCED LOT AREA FOR LOT_'", "A REDUCED LOT WIDTH FOR LOT_'", or "A REDUCED YARD SETBACK ALONG THE LOT LINE OF LOT_", as applicable • Exception, if applicable - begin with "AN EXCEPTION 15 SHOWN FOR" followed by "THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE LOT LINE OF LOT '" or "A REDUCED UTILITY EASEMENT WIDTH ALONG THE LOT LINE OF LOT", as applicable • Floodplain - begin with "A PORTION OF THE PROPERTY FALLS WITHIN" or "NO PORTION OF THE PROPERTY FALLS WITHIN", as applicable; if referencing a zone designation, state what that designation means ■ ❑ List each record owner name and Book and Page or Document Number for deed, name and address of party for whom the plat was prepared, name and address of consultant that performed the survey and prepared the plat 0 ❑ Subdivision Dedication: • Begin with "THE UNDERSIGNED," followed by the owner name(s) as stated in the current deed(s); include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION,"if applicable; followed by "OWNER CIF" or "OWNERS OF" and a description matching the description beneath the plat title, followed by "CONTAINING SQUARE FEET ( ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:"; followed by a legal description of the total subdivision area; followed by "HEREBY SUBDIVIDE" or "HEREBY SUBDIVIDES"; followed by "SAID TRACT INTO AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED • New right-of-way and/or easements - use standard language 0 ❑ Legal description checked against drawing for congruence ■ ❑ Owner signature line(s) with notary block(s) - include title after signatory name if owner is not an individual; include "HUSBAND AND WIFE," If applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable ■ ❑ If plat shows existing easement(s) to be released — use standard block for City Manager's release ■ ❑ City Clerk's certificate - use standard block for record plats ■ ❑ County Recorder of Deeds' certificate - use standard block N C] Surveyor's certificate Revised 7/15/2070 1 1 2 1 4 1 5 12 3 2 2 S. BROADVIEW STREET WEST DRIVE D A V I D T . B U T C H E R P R O F E S S I O N A L L A N D S U R V E Y O R P L S - 2 0 0 2 0 1 4 0 9 5 D A V I D T H O M A S B U T C H E R N U M B E R P L S - 2 0 0 2 0 1 4 0 9 5 STA T E O F M I S S O U R I P R O F E S S I O N A L L A N D S URVEYOR LOCATION MAPNOTES: R E C O R D P L A T W O O D A N D H U S T O N , P L A T N o . 1 A L L O F L O T 1 4 O F I N D E P E N D E N C E W E S T F I R S T C O M M E R C I A L S U B D I V I S I O N A S R E C O R D E D I N P L A T B O O K 1 3 A T P A G E 1 8 I N T H E L A N D R E C O R D S O F C A P E G I R A R D E A U C O U N T Y , M I S S O U R I , A N D A L L O F L O T 1 5 O F A R E S U B D I V I S I O N O F P A R T S O F I N D E P E N D E N C E W E S T F I R S T A N D S E C O N D C O M M E R C I A L S U B D I V I S I O N S A S R E C O R D E D I N P L A T B O O K 1 4 A T P A G E 5 5 O F S A I D L A N D R E C O R D S , A L L L O C A T E D I N S E C T I O N 1 , T O W N S H I P 3 0 N O R T H , R A N G E 1 3 E A S T O F T H E F I F T H P R I N C I P A L M E R I D I A N , I N T H E C I T Y A N D C O U N T Y O F C A P E G I R A R D E A U , S T A T E O F M I S S O U R I 1 0 0 0 W . N i f o n g B l v d . , B u i l d i n g 1 C o l u m b i a , M i s s o u r i 6 5 2 0 3 ( 5 7 3 ) 4 4 7 - 0 2 9 2 w w w . c r o c k e t t e n g i n e e r i n g . c o m E N G I N E E R I N G C O N S U L T A N T S C O R P O R A T E N U M B E R : 2 0 0 0 1 5 1 3 0 4 1 " = 4 0 ' 8 / 9 / 2 0 2 1 J E E 2 1 0 0 4 7 W O O D A N D H U S T O N , P L A T N o . 1 S U B D I V I S I O N D E D I C A T I O N : W O O D A N D H U S T O N B A N K C R O C K E T T E N G I N E E R I N G C O N S U L T A N T S , L L C C E R T I F I C A T I O N : ZONING INFOR M A T I O N : REFERENCES: 1 2 . 4 8 A C . 1 0 7 , 9 4 5 S . F . LEGEND: A L L O F L O T 1 4 O F I N D E P E N D E N C E W E S T F I R S T C O M M E R C I A L S U B D I V I S I O N A S R E C O R D E D I N P L A T B O O K 1 3 A T P A G E 1 8 I N T H E L A N D R E C O R D S O F C A P E G I R A R D E A U C O U N T Y , M I S S O U R I , A N D A L L O F L O T 1 5 O F A R E S U B D I V I S I O N O F P A R T S O F I N D E P E N D E N C E W E S T F I R S T A N D S E C O N D C O M M E R C I A L S U B D I V I S I O N S A S R E C O R D E D I N P L A T B O O K 1 4 A T P A G E 5 5 O F S A I D L A N D R E C O R D S , A L L L O C A T E D I N S E C T I O N 1 , T O W N S H I P 3 0 N O R T H , R A N G E 1 3 E A S T O F T H E F I F T H P R I N C I P A L M E R I D I A N , I N T H E C I T Y A N D C O U N T Y O F C A P E G I R A R D E A U , S T A T E O F M I S S O U R I Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/4/2021 SUBJECT An Ordinance approving the record plat of Humane Society Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a one -lot subdivision, located at 180 Weston Street. BACKGROUND/DISCUSSION A record plat has been submitted for Humane Society Subdivision, located at 180 Weston Street. The area within the proposed subdivision is zoned M-1 (Light Manufacturing/Industrial). The plat resubdivides two lots to form one new lot. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its August 8, 2018 meeting, recommended approval of the record plat with a vote of 9 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: D Record Plat -Humane Society Subdivision-doc Ordinance D Staff Review -Referral -Action FgmVdf Humane Society SubdiNision - Staff RRA Form D Map - Humane Society_ Subdivision.pdf Humane Society Subdi\ision - Map D Application - Humane Society_Subd.pdf Humane Society Subdi\ision - Application D 518087-final.pdf Humane Society Subdi\ision - Record Plat BILL NO. 21-150 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF HUMANE SOCIETY SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Humane Society Subdivision, being all of Lots 12 and 13, amended LaCroix Industrial Park as recorded in Plat Book No. 15 at Page No. 38, lying in a part of the Northeast Quarter, Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, Missouri, submitted by The Humane Society of Southeast Missouri, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated the 22nd day of September, 2021, 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Humane Society Subdivision LOCATION: Weston Street .STAFFREVIEW & COMMENTS. A record plat has been submitted to combine two (2) lots along Weston Street, SEE STAFF REPORT FOR MORE DETAILS. Z2� City Pl er Date City A mey f5ate CITY AL4ArA GLrfREFERRAL TO THE PLANNING AND ZONING COMMISSION: i onager Date ;. Planning & .Zoning Commission RECOMMENDED A CTION.- Favpt Oppose Abstain Fav Oppose Abstain Trae Bertrand 0 ❑ ❑ Scott McClanahan ❑ ❑ Larry Dowdy ❑ ❑ Bruce Skinner ❑ ❑ Jeff Glenn ❑ ❑ Doug Spooler Kevin Greaser G/ ❑ ❑ Tom Welch I ❑ ❑ Patrick Koetting I ❑ ❑ VOTE {COUNT: Favor Oppose � � Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance I sr Reading Ordinance 2"d a& 3"d Reading: ORDINANCE # Effective Date: Humane Society Subdivision SUBDIVISION PLAT APPLICATION •, . CITY of CAFE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU. MO 63703 (573) 339-6327 Name of Subdivision Type of Plat: Preliminary, Record, or Boundary Adjustment HUMANE SOCIETY SUBDIVISION RECORD PLAT Applicant Property Owner of Record (if other than Applicant) Humane Society of Southeast Missouri Mailing Address City, State, Zip Mailing Address City, State, Zip 2536 Boutin Drive Cape Gir, MO 63701 Telephone Email Telephone Email 573-334-5837 crazy4muttsadopt5 @ icloud, corn Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Tracy Poston, Executive Director Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Chris Kelley Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 Megan Drive Cape Girardeau Mo Telephone Email Telephone Email 573-330-5900 ichriskelley@bowenengsurv.com ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED 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, r! 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 cast differs from the deposit amount) Two (2) full size prints of the plat �I Digital file of the plat in .pdf format (can be emailed) CERTIFICATION 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. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. i further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to re.�ording of the record plat. T Ii /9 Applicant Anature d Printed Name Date OFFICE USE ONLY Date Received & By j f � {` MONIS Application No. Q 7 Planning & Zoning Commission Recommendation City Council Final Action Date Date Revised 08/11/2016 LOCATION MAP: SURVEY NOTES: THIS SURVEY CREATES A NEW ONE LOT SUBDIVISION FROM ATRACT OF LAND RECORDED IN DOCUMENT NO. 2017-00570 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 MoDOT GPS RTK NETWORK LATITUDE 37°24'44.45833" NORTH LONGITUDE 089°39'00.22114" WEST ELLIPSOID HEIGHT 383.98 U.S. SURVEY FEET NORTHING 575,956.0987 U.S. SURVEY FEET EASTING 1,067,057.151 U.S. SURVEY FEET ELEVATION 477.03 U.S. SURVEY FEET AS PUBLISHED ON NATIONAL GEODETIC DATA SHEETS, RETRIEVAL DATE FEBRUARY 04, 2015 AND CONVERTED FROM METERS TO U.S. SURVEY FEET. SURVEY CLASS - URBAN REFERENCES: RECORD PLAT OF THE AMENDED LA CROIX INDUSTRIAL PARK AS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 38 PERMANENT EASEMENT, BOOK NO. 693 - PAGE NO. 857 GENERAL WARRANTY DEED, BOOK NO. 361 - PAGE NO. 518 GENERAL WARRANTY DEED, BOOK NO. 446 - PAGE NO. 424 GENERAL WARRANTY DEED, BOOK NO. 468 - PAGE NO. 584 GENERAL WARRANTY DEED, DOCUMENT NO. 2008-08502 GENERAL WARRANTY DEED, DOCUMENT NO. 2017-00570 GENERAL WARRANTY DEED, DOCUMENT NO. 2017-00967 QUIT CLAIM DEED, BOOK NO. 582 - PAGE NO. 839 ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY, HTTP:HGIS.CAPECOUNTY. US/TAXPARCELVIEWER/ RECORD PLAT OF: HUMANE SOCIETY SUBDIVISION ALL OF LOTS 12 AND 13, AMENDED LaCROIX INDUSTRIAL PARKAS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 38, LYING IN A PART OF THE NORTHEAST QUARTER, SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI. --------------------- - WARSON ST. - (50' R/W) -------- ——CL————LO I I ----R/W ------------ - I I i I r1 I SURVEY LEGEND: CENTERLINE ------ -I ------ ! RIGHT OF WAY LINE -------- R/W-------- ! I SUBDIVISION BOUNDARY LINE ! I i ADJOINER'S PROPERTY LINE — — — — — — — ! ^I EXIST. UTILITY EASEMENT i I PROPOSED UTILITY EASEMENT I I FORMER LOT LINE I o ami BUILDING SETBACK LINE j LO Z M I �I SURVEY MONUMENT NOTES: Z j o -ANGLE POINT, NO CORNER SET O- FOUND 1/2" IRON PIN (n I z z (D- FOUND 1" IRON PIPE I L1J I g O - SET 1/2" IRON PIN I I Q ! I W I I � I I � o ZONING INFORMATION: i i I ZONING: M-1, LIGHT MANUFACTURING/INDUSTRIAL DISTRICT I I NUMBER OF LOTS = 1 50' W O a W a TOTAL AREA OF SUBDIVISION = 1.61 ACRES (69,923 SQ. FT.)� -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR MAX. HEIGHT. FORTY (40) FEET EXCLUDING SILOS, SMOKE STACKS, ! I FOUND 1/2" IRON PIN I w LOT 9 NE CORNER, LOT 9, iv NOW OR FORMERLY LaCROIX INDUSTRIAL o U) CAPE SPECIAL ROAD DISTRICT PARK, PLAT BK 15 - PG 38 v "' M O NO. 468 - PAGE NO. 584 z 0 0 BOOK SIDE OF THE LOT ABUTTING THE RESIDENTIAL DISTRICT. i I co --------------------- - WARSON ST. - (50' R/W) -------- ——CL————LO I I ----R/W ------------ - I I i I r1 I SURVEY LEGEND: CENTERLINE ------ -I ------ ! RIGHT OF WAY LINE -------- R/W-------- ! I SUBDIVISION BOUNDARY LINE ! I i ADJOINER'S PROPERTY LINE — — — — — — — ! ^I EXIST. UTILITY EASEMENT i I PROPOSED UTILITY EASEMENT I I FORMER LOT LINE I o ami BUILDING SETBACK LINE j LO Z M I �I SURVEY MONUMENT NOTES: Z j o -ANGLE POINT, NO CORNER SET O- FOUND 1/2" IRON PIN (n I z z (D- FOUND 1" IRON PIPE I L1J I g O - SET 1/2" IRON PIN I I Q ! I W I I � I I � o ZONING INFORMATION: i i I ZONING: M-1, LIGHT MANUFACTURING/INDUSTRIAL DISTRICT I I NUMBER OF LOTS = 1 50' W O a W a FLOOD ZONE INFORMATION: GRAPHIC SCALE THE PROPERTY IS IN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. THE of 40' ao' 120' 160' EFFECTIVE FLOOD INSURANCE RATE MAP FOR THE PROPERTY IS MAP NO. 29031 CO252E, DATED SEPTEMBER 29, 2011. 1 P.O.B. i (S 89'30'E 175.0) I N 88° 19' 03" E 175.00'—�J� I 1 TOTAL AREA OF SUBDIVISION = 1.61 ACRES (69,923 SQ. FT.)� -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR MAX. HEIGHT. FORTY (40) FEET EXCLUDING SILOS, SMOKE STACKS, ! I J I I I AND DUST COLLECTION SYSTEMS. ! I N MIN. LOTAREA: NONE ! I MISSOURI NONPROFIT CORPORATION MIN. LOT WIDTH: NONE ! I 1 m FRONT YARD: TWENTY-FIVE (25) FEET. ! I LU U)z � REAR YARD: TWENTY-FIVE (25) FEET. I I o w SIDE YARD: NONE, EXCEPT ON A LOT ABUTTING A RESIDENTIAL DISTRICT' z 0 THERE SHALL BE A SIDE YARD OF NOT LESS THAN TEN (10) FEET ON THE I I = w SIDE OF THE LOT ABUTTING THE RESIDENTIAL DISTRICT. i I 0 MIN. OPEN SPACE: A MINIMUM OF FIFTEEN (15) PERCENT OF THE TOTAL LOT Z PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE o d AREA SHALL BE DEVOTED TO OPEN SPACE, INCLUDING REQUIRED YARD AND a C9 m BUFFERYARDS. F: i w Y SUCH UTILITY SYSTEMS. FLOOD ZONE INFORMATION: GRAPHIC SCALE THE PROPERTY IS IN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. THE of 40' ao' 120' 160' EFFECTIVE FLOOD INSURANCE RATE MAP FOR THE PROPERTY IS MAP NO. 29031 CO252E, DATED SEPTEMBER 29, 2011. 1 P.O.B. i (S 89'30'E 175.0) I N 88° 19' 03" E 175.00'—�J� I 1 HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR o J I I I HEREBY NAME SAID SUBDIVISION, "HUMANE SOCIETY SUBDIVISION". I- > 0 coA MISSOURI NONPROFIT CORPORATION I 1 m THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE LU U)z � CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC m PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, O 0 REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND CU O AS MAY BE AUTHORIZED BY THE CITY TO BE USED BY A PUBLIC OR N U o a PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE I N I INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF LOT 13 F: i w Y SUCH UTILITY SYSTEMS. tY Q COUNTY OF ss W I WITNESS WHEREOF, SIGNED THIS _________ DAY OF ____________________________________ °oo 20A.D. ON THIS DAY OF 20BEFORE ME, A NOTARY PUBLIC FOR 00 oq o SAID COUNTY AND STATE, APPEARED TRACY POSTON, EXECUTIVE DIRECTOR OF THE C7 o °' �o cc KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, WHO DID EXECUTE THE Q FOREGOING INSTRUMENTAND WHO ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID CORPORATION. NOTARY PUBLIC MY TERM EXPIRES CL I � 1 I : Z) I I O I I ' LOT NO. 1 >, I e 1.61 ACRES Q : I (69,923 SQ. FT.) I I I (N 89 ° 30' W 175.0') I I S 88° 19'03" W 175.00' ...... .:.......................... ............... N. LINE, LOT 12, AMENDED J� i. I I LaCROIX INDUSTRIAL PARK 1 PLAT BOOK 15 - PAGE 38 - z NOW OR FORMERLY I : I O THE HUMANE SOCIETY I OF SOUTHEAST MO W DOCUMENT NO. 2017-00570 U I 1 Z I m I I ORo LOT 12 OR rn 1 � I I I 1 I o m I I 1 J W J I I � m � m I N in I N I I : Z I I W I 1 Q I S 88° 19'03" W 175.00' Q (N 89° 30' W 175.0) W i I LOT 11 I NOW OR FORMERLY I ! WILLIAM D. & SHARON L. VIED I BOOK NO. 446 - PAGE NO. 424 FILED FOR RECORD STATE OF MISSOURI ) SS COUNTY OF CAPE GIRARDEAU ) SUBDIVISION DEDICATION WE, THE UNDERSIGNED, THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, A MISSOURI NON-PROFIT CORPORATION, OWNERS OF ALL OF LOTS 12 AND 13, AMENDED LaCROIX INDUSTRIAL PARKAS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 38, LYING IN A PART OF THE NORTHEAST QUARTER, SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 13, SAID POINT BEING THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WARSON STREET WITH THE EAST RIGHT OF WAY LINE OF WESTON STREET; THENCE N 88° 19'03" E, 175.00 FEET ALONG THE NORTH LINE OF LOT 13 TO A POINT ON THE EAST LINE OF THE AMENDED LaCROIX INDUSTRIAL PARK SUBDIVISION; THENCE S 00'43'57" E, 399.62 FEET ALONG THE EAST LINE OF SAID SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 12; THENCE S 88° 19'03" W, 175.00 FEET ALONG THE SOUTH LINE OF SAID LOT TO THE EAST RIGHT OF WAY LINE OF WESTON STREET, THENCE N 00° 43'57" W, 399.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 1.61 ACRES (69,923 SQ. FT.), MORE OR LESS. �` �o HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR INTO A LOT AS NUMBERED AND DESIGNATED ON THIS PLAT, AND DO Q m ZW HEREBY NAME SAID SUBDIVISION, "HUMANE SOCIETY SUBDIVISION". I- > 0 coA MISSOURI NONPROFIT CORPORATION JAR 2 = a THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE LU U)z � CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC UJ X PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, O 0 REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND CU O AS MAY BE AUTHORIZED BY THE CITY TO BE USED BY A PUBLIC OR P:ccm U o a PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE 0 INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF W F: i w Y SUCH UTILITY SYSTEMS. tY 3 2 � Y o W � °o COUNTY OF ss v. L CL QIN WITNESS WHEREOF, SIGNED THIS _________ DAY OF ____________________________________ °oo 20A.D. �` �o CHRISTOPHER' -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR BOWEN NUMBER �o FILE THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, m z. > 0 coA MISSOURI NONPROFIT CORPORATION JAR afw2,n CCK U W 0 1.- w OU ~LLQ 0 U) 0 W 12 w a- Q U 0 W J U) LU 2 I_z= W 0 o M STATE OF MISSOURI �� MN 3 2 � Y o W � °o COUNTY OF ss v. z=Om °oo ~ ON THIS DAY OF 20BEFORE ME, A NOTARY PUBLIC FOR U) SAID COUNTY AND STATE, APPEARED TRACY POSTON, EXECUTIVE DIRECTOR OF THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, A MISSOURI NONPROFIT CORPORATION, KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, WHO DID EXECUTE THE FOREGOING INSTRUMENTAND WHO ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID CORPORATION. NOTARY PUBLIC MY TERM EXPIRES FILED FOR RECORD THIS DAY OF20 A.D. 20A.D. AND DULY RECORDED IN DOCUMENT NO_ _____________________________________________ ------------------------------------------------------------------------------------------------------------------------------------------ ANDREW DAVID BLATTNER, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS I______________________________________________________________ CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ____________________ PASSED AND APPROVED THIS _________ DAY OF -------------------------- 20 , A.D. -------------------------------------------------------------------------------------- CITY CLERK OF CAPE GIRARDEAU, MISSOURI ZATI���W11r-Y49=1; �1f1�1.tL611 THIS IS TO CERTIFY THATAT THE REQUEST OF PHILLIP SMITH THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN AC RRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHE T MY SEAL AND SIGNATURE ONO Ugbpi / THIS zzna DAY �ptemr 2021 A.D. - > ---------- --------- R. CHRISTOPHER' 0 BOWEN NUMBER �o FILE LS 2232 ..411° -.'ll> ___--- _-------- ____----- -- _ rirnmmumnnm� R. CHRISTOPHER BOW EN F,pFD LANA SVMO. P.L.S. #2232 >oorn o MM NNS 6M fn C N �dLLd ii a V N Coe$ 1 (V W 1'� L Z ;> of n Ln LU LU J O CZ • V L a� Z c W (M LU CD c W c U kD M � M O O O O i O 2 j =3 Q 0- 02 Z y U � U N L0 N c $ � c LU c p 0- 0 O m n CL 8atrn �at ch c = c c w� Copyright© 2021 by Bowen Engineering & Surveying, P.C. JOB NO. M 0 U W � FILE UjM U) CD �u =CDO DWN BY JAR � W CCK U = W OU ~LLQ w W ( J Q U J U) LU 2 = M Q cy') U DESCRIPTION I DATE Copyright© 2021 by Bowen Engineering & Surveying, P.C. JOB NO. S18-087 DATE JULY 17, 2018 FILE S18087.DGN CAICE E17057.ZIP DWN BY JAR CKD BY CCK SCALE 1" = 40' RECORD PLAT SHEET NO. 1 of 1 Staff: Anna Kangas, Development Services Director Agenda: 10/4/2021 SUBJECT An Ordinance authorizing the Mayor to execute Temporary Construction Easements, a Permanent Drainage Easement, and a Special Warranty Deed to the Missouri Department of Transportation for a project on Missouri Highway 177, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached Ordinance grants Temporary Construction Easements and a Permanent Drainage Easement to Missouri Department of Transportation (MODOT) for a project on Missouri Highway 177, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION The Temporary Construction Easements are necessary for MODOT to construct driveways to city -owned flood buyout properties located at 2822 and 2396 Missouri Highway 177. These driveways will allow the city continued access to mow these flood buyout properties. A Permanent Drainage Easement is necessary at 2396 Missouri Highway 177. Exhibits showing the extent of these easements are attached. The project received approval from FEMA on September 23, 2021, and SEMA on September 24, 2021. This letter is attached. FINANCIAL IMPACT The temporary construction easement at 2822 Highway 177 is valued at $500. The temporary construction easement and permanent drainage easement at 2396 Highway 177 are valued at $700. Staff proposes donating these easements as the driveways being constructed within the temporary construction easements will allow continued access to mow the properties. STAFF RECOMMENDATION Staff recommends Council approve the attached Ordinance granting the Temporary Construction Easements and Permanent Drainage Easement to MODOT. ATTACHMENTS: Name: Description: D Easements MODOT�Hwy 177 Project.doc Ordinance D Cape Girardeau Open_Space Rost Approval 9-2421.pdf FEMA Open Space Request Appro�ml D 16 7 CitymCape Certificate Board Minutes.pdf Certification D 16 The City of Cape Girardeau SWD.pdf Special Warranty Deed D 07 City of Cape GirardeauTeIM Esnd.pdf Temporary Construction Easement D Tr 16 Fibit_A.pdf Exhibit A BILL NO. 21-151 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE TEMPORARY CONSTRUCTION EASEMENTS, A PERMANENT DRAINAGE EASEMENT, AND A SPECIAL WARRANTY DEED TO THE MISSOURI DEPARTMENT OF TRANSPORTATION, FOR A PROJECT ON MISSOURI HIGHWAY 177, 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 of Cape Girardeau, Missouri, hereby authorizes the Mayor to execute temporary construction easements, a permanent drainage easement, and a special warranty deed to the Missouri Department of Transportation, for property located at Highway 177, described as follows: Tract 7 - Temoorary Construction Easement That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, said point lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. Upon completion and final acceptance of the project, the temporary easement rights in the last described tract shall cease and be no longer in effect, but no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19°35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57000'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59158.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27108.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°5959.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. Tract 16 - Special Warranty Deed, Permanent Draina Easement, & Temporary Construction Easement Also as shown on Exhibit A A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter -described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter - described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19035144"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57000118"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81032'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15100.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°59159.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. Robert G. Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Michael L. Parson Governor STATE OF MISSOURI James Remillard Director Sandra K. Karsten Director ofPubGcSafety STATE EMERGENCY MANAGEMENT AGENCY DEPARTMENT OF PUBLIC SAFETY PO Box 116, Jefferson City, Missouri 65102Q Phone: (573) 526-9100 Fax: (573) 634-7966 E-mail: mosema@scma.dps,mo.gov sema.dps.mo.gov September 24, 2021 Anna Kangas/Architect, MPA Development Services Director City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63 703 RE: Open Space Request on Deed -Restricted Land (DR -1054-0001) City of Cape Girardeau, Missouri Dear Ms. Kangas: Please find enclosed the approval letter from the Federal Emergency Management Agency (FEMA) regarding the request to allow the Missouri Department of Transpiration (MoDOT) to acquire a pen-nanentlteinporary easement on three properties. Regarding special conditions: (EO 11988 Floodplains) Please forward, to SEMA, the letter from the local floodplain administrator when it is complete. (See attached letter for conditions,) The enclosed FEMA letter identifies the approved project and further details. If you have any questions, please contact me at (573) 526-9116. Enclosures Sincerely, Heidi Carver State Hazard Mitigation Officer 4y„yGeMCY MAN$Q$44„T A Nationally EM�I�1 � /y1'P Accredited creel ed Agency September 23, 2021 Mr. James Remillard Director State Emergency Management Agency P.O. Box 116 Jefferson City, Missouri 65102-0116 Subject: FEMA -1054 -DR -MO Hazard Mitigation Grant Program (HMGP), Land Use Change Approval Subgrantee: City of Cape Girardeau, Missouri Project #: 0001 Dear Mr. Remillard, This letter is official notification that the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has granted approval of your July 22, 2021 request by the City of Cape Girardeau, Missouri in conjunction with the Missouri Department of Transportation (MoDOT) to acquire a permanent easement on three properties for the following activities: 1. 2822 Hwy 177 (Big Bend Road): Temporary easement to be used by MoDOT for its vehicles during a State-approved/permitted road improvement project on Highway 177. When the road improvement project is completed, MoDOT will relinquish the temporary easement. 2. 2452 Hwy 177: Permanent easement or purchase of .02 acres from the city to be used by MoDOT for maintenance mowing along Highway 177. This will result in bringing in a minimum amount of fill (3 sq.ft.). 3. 2396 Hwy 177: Temporary easement by MoDOT for a tri -shaped piece for drainage and maintenance of an existing ditch. In addition, MoDOT is requesting temporary easement while it builds a new 300 -foot gravel driveway on State-owned property. The temporary easement area will be used as a place for MoDOT vehicle use while building the new driveway. When the driveway improvernent project is completed, MoDOT will relinquish the temporary easement. Program-Disaster/Project U.S. Department of rlomelaud Security Parcel Number FEMA Region VII Number 11224 Holmes Road scnwaeI Kansas City, MO 64131-3626 1, 1 JR FEMA 1 MGP -DR -1054 -MO -0001 2822 Hwy 177 (Big September 23, 2021 Mr. James Remillard Director State Emergency Management Agency P.O. Box 116 Jefferson City, Missouri 65102-0116 Subject: FEMA -1054 -DR -MO Hazard Mitigation Grant Program (HMGP), Land Use Change Approval Subgrantee: City of Cape Girardeau, Missouri Project #: 0001 Dear Mr. Remillard, This letter is official notification that the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has granted approval of your July 22, 2021 request by the City of Cape Girardeau, Missouri in conjunction with the Missouri Department of Transportation (MoDOT) to acquire a permanent easement on three properties for the following activities: 1. 2822 Hwy 177 (Big Bend Road): Temporary easement to be used by MoDOT for its vehicles during a State-approved/permitted road improvement project on Highway 177. When the road improvement project is completed, MoDOT will relinquish the temporary easement. 2. 2452 Hwy 177: Permanent easement or purchase of .02 acres from the city to be used by MoDOT for maintenance mowing along Highway 177. This will result in bringing in a minimum amount of fill (3 sq.ft.). 3. 2396 Hwy 177: Temporary easement by MoDOT for a tri -shaped piece for drainage and maintenance of an existing ditch. In addition, MoDOT is requesting temporary easement while it builds a new 300 -foot gravel driveway on State-owned property. The temporary easement area will be used as a place for MoDOT vehicle use while building the new driveway. When the driveway improvernent project is completed, MoDOT will relinquish the temporary easement. Program-Disaster/Project Address Parcel Number Legal Description Number Part of the Southwest Quarter of the 1 MGP -DR -1054 -MO -0001 2822 Hwy 177 (Big #16-518-00-01- Southeast Quarter of Section 21, Bend Road) 006.01 Township 31 North, Range 14, East. All of Lot Numbered Two (2) of HMGP-DR-1054-MO-0001 2396 Hwy 177 #16-517-00-02- Trickey Amended Subdivision in 002.00 Cape Girardeau, Missouri. Part of the Southwest Quarter of the #16-517-00-01- Southwest Quarter of Section 21, HMGP-DR-1054-MO-0001 2452 Hwy 177 004.00 Township 31 North, Range 14 East, lying along the East side of the wvw.fema.gov rvrr, Kemidard Open ,Space Request Pase 2 r ne proposes easements on tieeti resLricLOY property supports and does noL violaLe Lhe open space use in .eoordu.—.00 w:tn tno acoa zF4 CrK z05.zF34 (e) ,...0 7Tzr uric, 0.iv. Any improvements made to these deed restricted properties must also comply with the floodplain ...ueugc...nA pori_.vJ --21 1.:Imt7ev— .,nvironmenta, historic rreservation (vnr) requirements/Conditions: A change to Lhe open space use in ucco;'a..-.oe .:in me aeaU 4zF r,rK L0VU7F (e) anu 44 urxc aM, iv requires prior approval from FEMA. The National Environmental Policy Act (NLeA) Jt:pulL.€vJ TrM 0U4xVA,J yr u.:v .a .e�AT To u i -ir suorecipient shall be reviewed by all state and federal abencies participatinr, in the NEPA process. NEVA 3ir'e oII Ivi all additions or amendments is essential before Lhe change in land use can be approved by FEMA or implemented by Tne nLvlisr suorecipient. anis review does not address all federal, state, and local requirements. AccepLance of federal ru:.d:�.� .o.�uT�oJ �ov.piG.it tv VViT, +I, -in un reae...t, �TuTe, ..:.7 local laws. railure Lo ootain ail appropriate federal, state, and local environmental permits and oic.ra;.ocs I , s...p-1 xvavruL in arTridon, Lne rodowing special conditions have been identified: • E011988 Floodplain: The applicant must obtain letter from the local floodplain admin'.stratoi nctoic work begins. v erification of Lhis will be required prior to Lhe temporary easements expirinr,. E011990 Wetlands: Construction activities and equipment storare are not to be Iov..tva III oR xTaq •er u .y adjacent wetlands. All materials and equipment should be sLared outside of the wetland on paved or previously uisLurueu areas. As a reminder, per 44 CFR �206.434(e)(1)(iii), no federal e. -.tit, or JoL.LcG AAA u, r.e; iUe mi. arav: u.,r;ir;Tance ror any purpose with respecL Lo this property, nor may any application for such assistanee be made to any tederul n.Tity Vr source. Tfyou have any Iuestio�.s corrcon.irrr, tni� L.vtivA., l le.�v eeli€uet t u u wniTvner, riaZai'Zi 1V11L1gaLIOn ASS15Lance SpecialisL, at (816) 506-4357 or Stacy Robarre-Silkiner, Hazard Mitigation ASJisTurrce B_1.vn �'nivx, UT (a16) 283-7679. srnevrer„ KATHY D quaver seetion and south of the IECE)S Hir,rlw..y Knvvr;-, ..0 z!a_ty Keua Ko --to Z5 V, r ne proposes easements on tieeti resLricLOY property supports and does noL violaLe Lhe open space use in .eoordu.—.00 w:tn tno acoa zF4 CrK z05.zF34 (e) ,...0 7Tzr uric, 0.iv. Any improvements made to these deed restricted properties must also comply with the floodplain ...ueugc...nA pori_.vJ --21 1.:Imt7ev— .,nvironmenta, historic rreservation (vnr) requirements/Conditions: A change to Lhe open space use in ucco;'a..-.oe .:in me aeaU 4zF r,rK L0VU7F (e) anu 44 urxc aM, iv requires prior approval from FEMA. The National Environmental Policy Act (NLeA) Jt:pulL.€vJ TrM 0U4xVA,J yr u.:v .a .e�AT To u i -ir suorecipient shall be reviewed by all state and federal abencies participatinr, in the NEPA process. NEVA 3ir'e oII Ivi all additions or amendments is essential before Lhe change in land use can be approved by FEMA or implemented by Tne nLvlisr suorecipient. anis review does not address all federal, state, and local requirements. AccepLance of federal ru:.d:�.� .o.�uT�oJ �ov.piG.it tv VViT, +I, -in un reae...t, �TuTe, ..:.7 local laws. railure Lo ootain ail appropriate federal, state, and local environmental permits and oic.ra;.ocs I , s...p-1 xvavruL in arTridon, Lne rodowing special conditions have been identified: • E011988 Floodplain: The applicant must obtain letter from the local floodplain admin'.stratoi nctoic work begins. v erification of Lhis will be required prior to Lhe temporary easements expirinr,. E011990 Wetlands: Construction activities and equipment storare are not to be Iov..tva III oR xTaq •er u .y adjacent wetlands. All materials and equipment should be sLared outside of the wetland on paved or previously uisLurueu areas. As a reminder, per 44 CFR �206.434(e)(1)(iii), no federal e. -.tit, or JoL.LcG AAA u, r.e; iUe mi. arav: u.,r;ir;Tance ror any purpose with respecL Lo this property, nor may any application for such assistanee be made to any tederul n.Tity Vr source. Tfyou have any Iuestio�.s corrcon.irrr, tni� L.vtivA., l le.�v eeli€uet t u u wniTvner, riaZai'Zi 1V11L1gaLIOn ASS15Lance SpecialisL, at (816) 506-4357 or Stacy Robarre-Silkiner, Hazard Mitigation ASJisTurrce B_1.vn �'nivx, UT (a16) 283-7679. srnevrer„ KATHY D vigiLaliysiyne'uGyRRin, D FIELDS IECE)S 0500021.09.2315:1/:O5 nuTn, U. r�v�a� Rer,ional Administrator, Region Vii (Actl!_%) Federal Emergency Management Agency xvw. Tema. gov ROUTE COUNTY PROJECT PARCEL C E R T I F I C A T E 177 Cape Girardeau J9S3452 07 and 16 I hereby certify that the following is a true and correct copy of an excerpt from the minutes of the meeting of the City Council of The City of Cape Girardeau, Missouri, a municipal corporation, held on the day of 2021: "WHEREAS, the Missouri Highways and Transportation Commission of Jefferson City, Missouri, desires to purchase from The City of Cape Girardeau, Missouri, a municipal corporation, property rights owned by the said city, for the improvement of State Route 177, Project J9S3452, in Cape Girardeau County, Missouri for the sum of One and No/100 DOLLARS ($1.00) and other good and valuable consideration, said property and property rights more particularly described as follows, to -wit: Tract 7 Description That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, saidpoint lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600- 47933; thence S19035'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S7'00'1 8"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41'27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81 °32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1'59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with theCape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. Tract 16 description: A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said granter lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter -described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19035'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S7000'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41'27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81 °32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1'59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487. WHEREAS, it is the desire of The City of Cape Girardeau, Missouri, a municipal corporation, to sell the above described property and property rights to the Missouri Highways and Transportation Commission; THEREFORE, BE IT HEREBY RESOLVED, The City of Cape Girardeau, Missouri, a municipal corporation, of the County of Cape Girardeau, State of Missouri sell to the Missouri Highways and Transportation Commission the above described property rights, and the Mayor of The City of Cape Girardeau, Missouri, a municipal corporation, Robert G. Fox, aka Bob Fox is hereby authorized and directed to execute a Special Warranty Deed and a Temporary Easement for Highway Purposes for and on behalf of the said City. APPROVED: The City of Cape Girardeau, Missouri, a municipal corporation am Gayle L. Conrad, City Clerk CCO FORM: RW52 COUNTY: Cape Girardeau Approved: 04/10 (AR) ROUTE: 177 Revised: 06/21 (BDG) PROJECT: J9S3452 Modified: FED. PROJECT: N/A PARCEL: 16 SPECIAL WARRANTY DEED (1) PARTIES: THIS AGREEMENT, made this day of , 2021, by and between The City of Cape Girardeau, Missouri, a municipal corporation, (hereinafter, "Grantor"), of the County of Cape Girardeau, and State of Missouri, and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, (hereinafter, "Grantee"). GRANTOR'S ADDRESS: 401 Independence, Cape Girardeau, MO 63701 GRANTEE'S ADDRESS: 2675 N. Main St., Sikeston, MO 63801 (2) CONSIDERATION: Grantor, in consideration of the sum of One and NO/100 DOLLARS ($1.00) and other good and valuable consideration, to be paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm to the Grantee fee simple title in the property described in this deed. (3) PROPERTY DESCRIPTION: Grantor conveys to the Grantee the real estate and interests in real estate in the County of Cape Girardeau, State of Missouri, and described as follows: A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri ,being more particularly described in the attached Exhibit A. (4) RIGHTS OF GRANTEE: Grantee shall obtain all rights, privileges, appurtenances and immunities belonging to the Grantor, its successors and assigns forever. (5) SPECIAL WARRANTY: The Grantor hereby covenants that it is lawfully seized of an indefeasible estate in fee in the premises hereby conveyed. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by it, and will warrant and defend the title to said premises unto the Grantee, and unto its successors and assigns, forever, against the lawful claims and demands of all persons claiming by, through or under the Grantor, but none other. (6) DATE: IN WITNESS WHEREOF, the said Grantor executed the above the day and year first above written. The City of Cape Girardeau, Missouri, a municipal corporation By: Robert G. Fox a/k/a Bob Fox, Mayor ACKNOWLEDGMENT BY CITY STATE OF ) ss COUNTY OF ) On this day of , 2021, before me appeared Robert G. Fox a/k/a Bob Fox personally known to me, who being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the City of Cape Girardeau and that he acknowledged said instrument to be the free act and deed of the City of Cape Girardeau and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public 2 X616l70liAT0ZATITPZ1 Approved: 06/96 (RMH) Revised: 01/19 (TP) Modified: COUNTY: Cape Girardeau ROUTE: 177 PROJECT: J9S3452 FED. PROJECT: PARCEL: 07 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TEMPORARY EASEMENT FOR HIGHWAY PURPOSES THIS INDENTURE, made this day of , 2021, by and between The City of Cape Girardeau, Missouri, a municipal corporation, of the County of Cape Girardeau, and State of, Missouri, 401 Independence Street, Cape Girardeau, MO 63701, (grantor) and the State of Missouri, acting by and through the Missouri Highways and Transportation Commission, 105 W. Capitol Avenue, Jefferson City, MO 65102, (grantee) WITNESSETH, that the said grantor, in consideration of the sum of One dollar and No/100 ($1.00) and other good and valuable consideration, to be paid by the said grantee, the receipt of which is hereby acknowledged, does by these presents remise, release and quitclaim unto said grantee, the following described temporary easement in real estate in the County of Cape Girardeau, State of Missouri, to wit: That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, said point lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600- 47933; thence S1 9'35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S7000'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4059'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41027'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81 °32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80024'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. TO HAVE AND TO HOLD the same, with all rights, privileges, appurtenances, and immunities thereto belonging or in anywise appertaining, unto said grantee, its successors and assigns; the said grantor hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the premises from which temporary easement is herein conveyed; that it has good right to convey the same. IN WITNESS WHEREOF, the said grantor has executed the above the day and year first above written. The City of Cape Girardeau, Missouri, a municipal corporation By: Robert G. Fox a/k/a Bob Fox, Mayor 2 ACKNOWLEDGMENT BY CITY STATE OF ss COUNTY OF ) On this day of , 2021, before me appeared Robert G. Fox a/k/a Bob Fox personally known to me, who being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the City of Cape Girardeau and that he acknowledged said instrument to be the free act and deed of the City of Cape Girardeau and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: 3 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter -described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Title name oridentification of ro•ect Count ©`�` �/ �{ �:JESSIE BENJAMIN 6 * : ('HILPDT ' -0 _ q %° NUMBER : q PLS-20D7000083•;wro . , R - _ !' s',"AL LA0 ��' ` _1953452, Rte. 177, Tr. 16 Cape Girardeau City if applicable) State Cape Girardeau MO Date Prepared Sheet Licensee Name (sole proprietor, partnership, corporation, LLC, or government) of Missouri Department of Transportation r, ooT 105 West Capital Jefferson City, Missouri 65102 888 ASK MODOT (888) 275-6636 Professional Surveyor Namo rint Jessie Benjamin Philpoto• Disci linemss Professional Land Surveyor License ar Certificate of AuthorityNo."� MO # 2007000083 Professional Surveyor (Signature) Date f - ID ?p 2 only the following legal description contained in this "EXHIBIT" is authenticated by this seal. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65,00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence 519'35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57°00'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0*15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80'24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 159'59.5" curve to the left a distance of 1,467.04 feet to PT Title name or identification of fo'ect Count ri�n ,+01 0 I Ni/ << � �,' � . � � � � � � . S S,� Fi / •, kP•'� ���' ��', •� _ * : JESSIE BENJAMIN=" _ PHI! i'OT - NUMBS - c> _ (� c , �-,PL5-20010000'33 ' 4t' .©N " •'qL iAN� ``4 J9S3452, Rte. 177, Tr. 16 Cape Girardeau Cit ifapplicable)State Cape Girardeau p MO Date Prepared Sheet Licensee Name (sale proprietor, partnership, corporation, LLC, or government) of Missouri Department of Transportation M opT 105 West Capital LrW Jefferson City, Missouri 65102 888 ASK MOQOT (888) 275-6636 Professional Surveyor Nametint Jessie Benjamin Philpot Discipline Professional Land Surveyor License or Certificate of Authority No. MO # 2007000083 Professional SVyeyor Si nature Date e r Only the following legal description contained in this "EXHIBIT' is authenticated by this seal. i MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Station 661+13.19, said curse having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 572, Page 487. Title name or identification of project) County - � � OF MISS, t. ��••®� ` Z J9S3452, Rte. 177, Tr. 16 Cape Girardeau Cit ifapplicable) Cape Girardeau VSotate ' JESSIE l3FNJAMIN'• ` PHILPOT = = -0 - -;a : NUMBER ' 0• •- : o PLS -2007000083'< Q qL LAS' �.�� �. Q *` - �'00 Date Prepared Sheet Licensee Name {sole prop(ietor, partnership, corporation, LLC, or government) I of I Missouri Department of Transportation M DOT 105 West Capital F Jefferson City, Missouri 65102 888 ASK MODOT 888 275-6636 Professional Surveyor Name rint Jessie Benjamin Philpot Discipline Professional Land Surveyor License or Certificate of Authority No. MO # 2007000083 Professional ure or (Signature) Date ] r� Only the following legal description 0 contained in this "EXHIBIT" is authenticated by this seal. Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/4/2021 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the northeast corner of Baldwin Drive and County Road 618, in the City and County of Cape Girardeau, Missouri, from C-2 to R-3. EXECUTIVE SUMMARY The attached ordinance rezones property at the northeast corner of Baldwin Drive and County Road 618. The applicant is requesting that the property be rezoned from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). The City CounciPs public hearing on the rezoning request was held on October 4, 2021. BACKGROUND/DISCUSSION A rezoning application has been submitted for property at the northeast corner of Baldwin Drive and County Road 618. The applicant is requesting that the property be rezoned from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). The immediately surrounding properties are zoned C-2 (Highway Commercial District) to the north, west, and southwest. The other properties are outside the city limits and are not zoned. This area is characterized by residential and agricultural uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Medium Density Residential. The City Councirs public hearing on the rezoning request was held on October 4, 2021. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IWACTS In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property is proposed to be developed for a duplex subdivision. It is located just south of an existing duplex subdivision. R-3 is one of the zoning district equivalents of the Medium Density Residential future land use category in the Cape Vision 2040 comprehensive plan. The proposed zoning district is compatible the surrounding uses and consistent with the comprehensive plan, and as such it is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its meeting on September 8, 2021 and recommended approval of the rezoning request by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on September 19, 2021. In addition, a sign containing the date, time, location and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Name: Description: D Baldwin Dr and Co Rd 618 Rezone.doc Ordinance D Staff Review -Referral -Action FgmVdf NE Comer of Baldwin Drive & County Road 618 - Staff RRA Form D Map - Zoning - Baldwin Creek Subdivision (Revised).pdf NE Comer of Baldwin Drive & County Road 618 - Zoning Map D Map - FLU - Baldwin Creek Subdivision (Revised).pdf NE Comer of Baldwin Drive & County Road 618 - FLU Map D Application - Baldwin Creek Rezonine.pdf NE Comer of Baldwin Drive & County Road 618 - Application D CC-2Tpdf C-2 District Regulations D RR-3Tpdf R-3 District Regulations BILL NO. 21-152 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF BALDWIN DRIVE AND COUNTY ROAD 618, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-2 TO R-3 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from C-2, Highway Commercial District, to R-3, High Density Single -Family Residential District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and a public hearing was held on Monday, October 4, 2021; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 of this ordinance from C-2, Highway Commercial District, to R-3, High Density Single -Family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present C-2, Highway Commercial District, to R-3, High Density Single -Family Residential District, for the following described property: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, FRACTIONAL SECTIONS 9 AND 10, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF BALDWIN PLACE PHASE Ill, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN DOCUMENT NUMBER 2020- 07233; THENCE SOUTH 02°44'42" WEST, 57.02 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,475.00 FEET, A LENGTH OF 351.55 FEET (THE CHORD OF SAID ARC BEARS SOUTH 04004'59" EAST, 350.72 FEET); THENCE NORTH 51038'52" EAST, 35.43 FEET; THENCE NORTH 24051'52" EAST, 230.76 FEET; THENCE NORTH 11003'46" EAST, 27.54 FEET; THENCE SOUTH 89012'33" EAST, 162.45 FEET; THENCE NORTH 61005'54" EAST, 71.85 FEET; THENCE SOUTH 33044'10" EAST, 245.48 FEET TO A COMMON CORNER OF TRACTS CONVEYED IN DOCUMENT NUMBER 2021-05756 AND 2011-08980; THENCE CONTINUE WITH THE SOUTH LINE OF SAID TRACT CONVEYED IN DOCUMENT NUMBER 2011-08980, SOUTH 33044'10" EAST, 100.00 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 560.00 FEET, LENGTH OF 187.30 FEET (THE CHORD OF SAID ARC BEARS SOUTH 43019'05" EAST, 186.43 FEET); THENCE SOUTH 21 048'58" EAST, 370.59 FEET TO A POINT IN COUNTY ROAD #618; THENCE WITH SAID COUNTY ROAD, SOUTH 48020'02" WEST, 198.89 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, A LENGTH OF 103.57 FEET (THE CHORD OF SAID ARC BEARS SOUTH 58013'26" WEST, 103.05 FEET) THENCE SOUTH 68°06'49" WEST, 126.41 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 800.00 FEET, LENGTH OF 104.52 FEET (THE CHORD OF SAID ARC BEARS SOUTH 71051'24" WEST, 104.45 FEET); THENCE SOUTH 75035'59" WEST, 132.62 FEET; THENCE LEAVING THE CENTER OF SAID COUNTY ROAD #618, NORTH 14024'01" WEST, 25.00 FEET; THENCE ALONG THE ARC OF A NON- TANGENT CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 22.00 FEET, LENGTH OF 39.06 FEET (THE CHORD OF SAID ARC BEARS NORTH 24044'30" EAST, 34.13 FEET); THENCE NORTH 26006'59" WEST, 365.20 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,525.00 FEET, LENGTH OF 768.18 FEET (THE CHORD OF SAID ARC BEARS NORTH 11 041109" WEST, 760.08 FEET); THENCE NORTH 02°44'42" EAST, 57.90 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID BALDWIN PLACE PHASE Ill; THENCE WITH THE SOUTH LINE OF BALDWIN DRIVE, SOUTH 86015'02" EAST, 50.01 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PART FALLING WITHIN COUNTY ROAD 618. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 of this ordinance is at the present time particularly suitable for the purposes and uses of the R-3, High Density Single -Family Residential District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE. NO. 1420 LOCATION: Baldwin Drive and Countv Road 618 STAFF RE1%IEW & COMMENTS: Meyr Properties, LP is requesting to rezone the above listed property from C-2 (Highway Commercial) to R-3 (High Density Single-family Residential). SEE STAFF REPORT FOR FURTHER INFORMATION `7 1 City P1 e W a/2 Date City A ey �4k71V7-'1- go Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City Date Planning & Zoning Commission Public Hearing Sign Pasting Date: Public Hearing Date: RECOMMENDED ACTION: Fav pr Oppose Abstain Scott Blank f ❑ ❑ Kevin Greaser ❑ ❑ Derek Jackson ❑ ❑ Patrick Koetting �/ ❑ ❑ Nick Martin ❑ ❑ VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Melissa Stickel Ed Thompson Sid Whittington Deborah Young 0 Oppose Favor,.Oppose Abstain ❑ ❑ Id ❑ ❑ Q f ❑ ❑ ❑ Ll Abstain atric oetting Planning & Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance I" Reading Ordinance 2"d & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Rezoning Request Northeast Corner of Baldwin Drive & County Road 618 Requested Rezoning from C-2 (Highway Commercial) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Medium Density Residential NV �� 13® I®1321 1221 I ®8 4 Wintefield Circle 86 ©80 1 1 °® 61 1t7e� ® 6 1 c .3 0 1461 4 1 0_0 ca -Summerfieid•Way'� 94 ° ® 86 082 0 e1 i® • 6 61 X10® ® 7 1 0 • 1311 2 ® AutuW 0 mn`Leaf Dr 96 ®®9 84 ®80 0 0 0 ® ,?3 0 0 1 85 N W_*/ F CITYOfCAPE G I R A R D E A U Created By: Carol Peters Planning Services Division August 23, 2021 170 340 680 F 0 Road 618 � o 3 0 _0 cII O 0-0 0 co 3605 •3 Stoniest_ ®43 10 0 Legend QArea to be Rezoned Parcels Zoning District C1 C2 R1 R3 R4 RUMD N W+ / E Rezoning Request Northeast Corner of Baldwin Drive & County Road 618 Requested Rezoning from C-2 (Highway Commercial) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Medium Density Residential 13® 1.13®I 1221 ® Winterfield Circle) 1 s= 1461 4 1 0 -0 • • • • q ,1 2 M -Summerfield.Way',1 • 61 9 • • ®1 ,10: 1 1311 2 • Autumn'-L-eaf Dr • • • • P3 m • 2596 I • County.Road 618 CITYOf CAPE G I R A R D E A U Created By: Carol Peters Planning Services Division August 23, 2021 170 340 680 Fee •y: 86 ;82 ® 7 • 84 ®•9 ••80 • WI 0 o� • C Stone. Crest 43 1 • • Legend = Parcels FLU Recommendation Local Commercial Medium Density Residential 0 Low Density Residential E7 Agricultural ` REZONING 1 SPECIAL USE PERMIT APPLICATION .; CITY Qf CAPE GIRARDEAU .r DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST. CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location Co Rd 618! LaSalle Ave Applicant Property Owner of Record (if other than Applicant) Meyr Properties. LP Mailing Address City, State, Zip Mailing. Address City, State, Zip 966 Co Rd 616 Jackson MG 63755 Telephone Email Telephone Email 573-335-206 Jjansen@k:oehlerengineering.com Contact 'Person (if Applicant is a Business or Organization) (Attach additional owners information, if necessary) ,Josh Jansen Type of Request @ Rezoning 0 Special Use Permit LI Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C2 R3 Legal description of property to be rezoned and/or upon which the special use is to be conducted see attached Describe the proposed use of the property. Duplexes Application continues on next page OFFICE USE ONLY Date Received & By L1 File #tom &1 MUNIS Application # %� MUNIS Permit #_ Application Fee Received $ 5 - IJ Check# r , 1 LJ Credit Card 0 Cash Planning & Zoning Commission Recommendation Date _ City Council Final Action Date Revised 12/06/2014 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request rneets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood, 4) The proposed special use will not adversely affect the generol welfare of the community. S) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this completed application forma, the following items must be submitted: REQUIRED ''' Application fee ($135.0€7 payable to City of Cape Girardeau + additional $80 for Planned Development rezonings) List of adjacent property owners (see Instructions for requirements) See Instructions for more ✓ One (1) set of mailing envelopes, stamped and addressed to adjaeent property owners information. _ One (1) full size copy of a plat or survey of the property, if available r One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, wilt become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any se,or work on the property. Propert 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 rProperty Owners) of Record hereby agree to the above certifications. -�os� 5�,�sr,,.•, g�rrj��-J AlSplicant Si nature and Printed Name Date Revised 12/06/2019 BALDIWIN CF E E K SUBCIIVISICIN DIESCRIF111ON BEGIN AT -RHE SCIUTHE AIST CORN E R CIR BALDIWIN PLAICE PHASE III SU BDIIV ISICIN, AI SU BUIVISION CIN RILE IN THE LANCI RECORDS OR CAPE GIRARDIEAU COUNTY, MISSOURI, IN DIOCUMENII NUMBER 3020-07333; THENCE SCIUTH 03"44'431" W EST, 57.02 REET; THENCE ALONE A CURVE TO THE UE HT, HAV ING ARAIDIIUSOF11,47E.00FEET,,ALENCTHOR3E11.EE REETIJTHECHOFCIOR SAIICI ARC BEARS SCIUTH 04°(14'59" EAST, 35(1.73 FE ET;; THENCE NCIRTH 911'38'92" EAST, 35.43 REET; THENCE NORTH 34'511'92'" EAST, 330.76 REET; THENCE NCIRTH 1111°03'46" EASIT, 317.54 RE ET; THENCE SOUTH 89°112'33" EAST,, 163.4E FEET,; THENCE NORTH 61°05'54" EAST, 71.85 REET; THENCE SOUTH 33°44'110" EAIST,, 24E.48 FEET TCI AI COMMON CORNER CIR TRACTS CONVE YED IN DIOCU M ENT N U M BEF 20311-0575EI AN CI 20111.0(1980,; THENCE CCINTINUE WITH THE SOUTH LIN E CIR SAID TRACH CONVEYED IN DIOCU M ENT N U M BER 201111-08980, SOUTH 33044'10" EAST, 100.00 RE ET; THE NCE ALONG A CU RV E TO THE LE HT, HAVING AI RACIIUS CIR 960.00 F E ET, LENGTH CIR 181.30 HE ET (THE CH ORD CIF SAID ARC BEARS SCIUTH 43°119'09" EmIT, 1186.43 F E E T;; THE NCE SOUTH 31°48'58" EAST, 370.59 RE E T TO AI F OINT IN CCIU NTY RCIAID #1618; TF E NCE W ITH SAID CCU NTY ROAD, SOUTH 48°2(1'02' WEST, 198.89 RE ET; TF E N CE ALCING A CURVE TO THE RIGHT, HAVING A RAIDIIUS OR 300.00 REET, A LENGTH OR 103.57 BEET (TF E CF ORD CIH SAID ARC BEAR19 SOUTH 58°13'36 WEST, 11(13.(19 REET) THENCE SOUTH 68006'49" W EST,, 136.411 FEET,; THENCE ALONG AI CURVE TO THE RIG HT, HAVING A RADIUS OR 800.00 REET, LENGTH OH 11041.53 FEET (THE CHORD OH SAID ARC BE AIRS SOUTH 7111114" VUESIT, 1104.45 REET;; TF EN CE 9CIUTH 75'3E'59" WEST, 133.62 HEIST; THENCE UEAVING THE CENTER OR SAID COU NTY ROAD #6118, NORTH 114°24'01" W E ST, 25.00 REET; THE NCE AUCING THE ARC OR AI N ON- TAINGENII CUFVE BEING CONCAVE 110 THE NCIRTH\AKill, HAIVING A RADIUS CIR 22.00 RE BT, LBNGTH OF 39.06 HE ET (THE CHCIRD CIR SAID ARC BEARS NOR11H 34'44'30'' BAST, 34.13 RE ET;; THENCE NCIRTH 36006'99" \AESIT, 301 .30 RE BT; THENCE ALCING ACURV9TOTHE RIGHT, HAV ING AI RADIUS CIR 1,E 25.00 RE E11, LENGTH CIH 768.18 F EET (THE CHORD CIH SAID ARC BE AIRS NCIRTH 111°411'09" WE!rF, 160.08 REET); THENCE NORTH 03'44'413"' HAST, 511.9(1 FEET TO THE SOUTHEAST CORN ER OR LICIT 2 CIH SAID BAILMAIN RUACE PHAISE III SUBDIVISION; THENCE WITH THE SOUTH LIN E OR BAIL DW IN CIRIVE, SOUTH (16'15'02" EAST, 90.CI0 REET TO THB POINT OR BEC IN N ING. 7/13/2021 Cape Girardeau, MO Code of Ordinances Sec. 30-334. - C-2, highway commercial district. (a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Arenas or stadiums. (2) Art galleries or museums. (3) Auditoriums or theaters. (4) Banks or other financial institutions. (5) Banquet facilities. (6) Bed and breakfasts. (7) Commercial day cares. (8) Commercial recreation facilities. (9) Driving ranges. (10) Funeral homes or mortuaries. (11) Governmental facilities. (12) Health or fitness centers. (13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. (14) Hospitals. (15) Hotels or motels. (16) Institutions of higher education, including business, career or technology schools. (17) Instructional schools for art, dance, music, martial arts or other disciplines. (18) Kennels. (19) Libraries. (20) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (21) Meeting halls. (22) Microbreweries. (23) Mini warehouses or self -storage units. (24) Nurseries or greenhouses. 1/4 7/13/2021 Cape Girardeau, MO Code of Ordinances (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreation vehicles or watercraft. (28) Parks or playgrounds. (29) Personal service establishments. (30) Pet grooming facilities. (31) Police or fire stations. (32) Residential treatment facilities. (33) Restaurants or bars. (34) Retail or rental establishments. (35) Television or radio studios, including any transmitting facilities. (36) Transit terminals. (37) Transitional housing. (38) Vehicle fueling, service or repair facilities, excluding body or paint shops. (39) Veterinary clinics or animal hospitals. (40) Warehouses or distribution centers. (41) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-4101 supplemental regulations. (d) Special uses. (1) Amusement parks. (2) Billboards, as permitted elsewhere in the City Code. (3) Campgrounds, travel trailer or recreation vehicle parks. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Manufactured business units, for office use only. (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use - by -right. (7) Short term or long term use of shipping containers for principal uses, as permitted in section 2/4 7/13/2021 Cape Girardeau, MO Code of Ordinances 30-402, supplemental regulations. (8) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total of eight (8) stories. (10) Vehicle body or paint shops. (11) Vehicle washing facilities, automatic or hand wash. (12) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) Outdoor display of merchandise is permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the City Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas, or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Sixty (60) feet, not to exceed five (5) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. 3/4 7/13/2021 (Ord. No. 5211 , art. 5, 7-15-19) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5211 , art. 51 adopted July 15, 2019, repealed the former § 30-334 and enacted a new section as set out herein. The former § 30-334 pertained to similar subject matter and derived from Ord. No. 5012, art. 5, adopted Oct. 2, 2017. 4/4 Sec. 30-324. - R-3, high density single-family residential district. (a) 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. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot. (2) Duplexes, two-family dwelling units. (3) Townhouses. (4) Cluster subdivisions, as permitted in chapter 25 of the City Code. (5) Public parks, playgrounds, and recreational facilities. (6) Police and fire stations. (7) 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. (8) 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. (9) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. (10) 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. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-403, supplemental regulations. (2) Home occupations, as permitted in section 30-405, supplemental regulations. (3) Home day cares, with no more than four (4) unrelated children in a twenty -four-hour period as permitted in section 30-408, supplemental regulations. (4) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. (5) Solar energy systems, as permitted in section 30-410, supplemental regulations. (6) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (d) Special uses. (1) Home day cares, with five (5) or more unrelated children, as permitted in section 30-408, supplemental regulations. (2) Bed and breakfasts. (3) Cemeteries, on a minimum of ten (10) acres of land. (4) Transitional housing. (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. (7) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (e) Height, area, bulk and setback requirements. (1) Maximum height.- a. eight.a. When side yards are less than fifteen (15) feet in width, two and one-half (2Y2) stories not to exceed thirty-five (35) feet. b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed forty-five (45) feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit. c. Single-family, five thousand (5,000) square feet. (3) 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. (4) Minimum lot width: a. Townhouses and duplexes: Twenty (20) feet. b. All other uses: Thirty (30) feet. (5) Minimum yard requirements: a. Frontyard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty (20) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty (20) feet. c. Side yard: 1. Townhouses and duplexes: None. 2. All other uses: Three (3) feet. (f) 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. (2) Landscaping, shall be provided as required in chapter 25 of the City Code. (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. (g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 5012, art. 4,10-2-17) Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-324 and enacted a new section as set out herein. The former § 30- 324 pertained to similar subject matter and derived from Ord. No. 4109, art. 2. adopted March 1, 2010; Ord. No. 4149, art. 4. adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7, 9, adopted March 7, 2011. Staff: Bruce Taylor, Deputy City Clerk Agenda: 10/4/2021 SUBJECT Appointment of four members to the Parks and Recreation Advisory Board for a term expiring October 29, 2024. EXECUTIVE SUMMARY Roger Hudson, Meghan Harville, Bradley LaBruyere and Anne Dohogne are currently serving terms on the Parks and Recreation Advisory Board set to expire October 29, 2021. Roger Hudson has served two full terms and is ineligible to serve another term. A copy of the roster is attached for your review. BACKGROUND/DISCUSSION Section 18-27 of the City Code states that a person appointed to the board shall be a taxpayer, qualified voter and resident of the city. The following individuals have expressed an interest in serving on the board, and their board applications are attached. Applicant Ward Citizen Academy Graduate Michelle Clements 3 no Christopher Haug 1 no Adrienne Henry 3 yes Lewis Jackson Hill 5 no Percy Huston 6 no Georgia "Cookie" Little 4 no Kevin Timlin 3 no Jennifer Willett 4 no GENERAL DIRECTION Unless directed otherwise, four appointments to the Parks and Recreation Advisory Board for terms expiring October 29, 2024 will appear on a future agenda for consideration. ATTACHMENTS: Name: Description: D Clements.Michelle.12-16-20.ndf Clement, Michelle D Haug Christopher.10-16-2020.pdf Haug, Christopher ❑ Henry.Adrienne.02-15-21.12df Henry, Adrienne D Huston.Percy.09-14121.pdf Huston, Percy D Hill Lewis Jacicson.04-26-21.odf Jackson -Hill, Lewis B Little.Georpia.10-03-20.12df Little, Georgia "Cookie" D Timlin.Kevin.12-16-2020.12df Timlin, KeNn D Willett.Jennifer.10-28-20.ndf Willett, Jennifer D roster attendance.parkpdf Parks and Recreation Board Attendance Roster D Parks and Rec Roster.ndf Parks and Recreation Board Roster Attendance Record Ordinance effective 4/13/00 P = present, A = absent 2021 2nd Monday Jan 11 Feb 8 Mar 8 Apr 12 May 10 Jun 14 Jul 12 Aug 9 Sep 13 Oct Nov Dec 1st 2nd 11 8 13 letter letter 3rd letter appt'ed termi- nated Cantrell, David P P P P A P M M A 9/15/2020 A 05/15/17 P Dohogne, Ann P P P P A P a a P 02/22/19 Evans, Beverly P P P P A P P A A P P P A P P 05/21/18 P P Frazier, Pete P P P P P P P P 1/6/2021 P 03/21/16 P Glenn, Tracey P P P P P P ^ ^ P 9/15/2020 P I 10/17/16 P Harville, Meghan P A P A A P Harville, Meghan P 5/13/2021 11/16/20 Hudson, Rodger P P P P P P c c P ermed out 10/4/2 P P 10/04/21 LaBruyere, Bradley P P A P P P Knudtson, Gunnar P 10/22/2020 A 10/15/18 A Noel, Kevin P P P I P P P 10/15/18 10/14/20 A 12/28/2017 P A L Robinson, Chatez pointed 2/1 P P P A a a P 10/15/18 02/15/21 P IIStilson, Ken I P I P I P I P I P I A I I I Resigned 8/24/21 1 105/15/1 08/24/21 Stone, Mark I Appointed 9/20/21 d d 2020 2nd Monday Jan 13 Feb 10 Mar 9 Apr 13 May 11 Jun 8 Jul 13 Aug 10 Sep 14 Oct 12 Nov 9 Dec 14 1st 2nd letter letter 3rd letter appt'ed termi- nated Cantrell, David P P A C P A P P A P P P 9/15/2020 05/15/17 Dohogne, Ann Evans, Beverly P P P P P P P A A P P P P A P P A P P P P P 05/21/18 02/22/19 Frazier, Pete P P P P P P A P P P A 03/21/16 Glenn, Tracey A P P C P I P I P I A A P P P 9/15/2020 10/17/16 Harville, Meghan Apj=inted November 16, 2020 P 11/16/20 Hudson, Rodger P P P P P P P P P P I P Knudtson, Gunnar P P A A P P P A A nated-atten 9/15/2020 10/15/18 10/14/20 LaBruyere, Bradley P P A L P P P P A A P P 10/22/2020 10/15/18 Noel, Kevin P P P P P P P A P P P 12/28/2017 Snider, Nick P P A P P A A P P P P 8/11/2020 01/08/21 Stilson, Ken P P P P P P P P A P P 1 105/15/17, CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees September 20, 2021 Parks and Recreation Advisory Board Date Reannointed 11/16/15; 10/15/18 10/15/18; 4/16/19 10/16/19 10/16/19 10/19/20 10/16/17;10/19/20 10/16/17; 10/19/20 Term Expires October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2023 October 29, 2023 October 29, 2023 Serve three year terms, appointed by Council. Regular meetings held second Monday at 5:30 p.m. in Osage Centre. A Council member may serve as liaison. Staff contact —Parks & Recreation Director 339-6340. Date Appointed Council, ex -officio Roger Hudson October 15, 2012 Meghan Harville November 16, 2020 Bradley LaBruyere October 15, 2018 Anne Dohogne September 4, 2018 Chatez Robinson February 15, 2021 Tracey Glenn October 17, 2016 Mark Stone September 20, 2021 David Cantrell March 15, 2017 Beverly Evans (Tree Board Liaison) May 21, 2018 Kevin Noel September 14, 2015 Pete Frazier March 21, 2016 Date Reannointed 11/16/15; 10/15/18 10/15/18; 4/16/19 10/16/19 10/16/19 10/19/20 10/16/17;10/19/20 10/16/17; 10/19/20 Term Expires October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2023 October 29, 2023 October 29, 2023 Serve three year terms, appointed by Council. Regular meetings held second Monday at 5:30 p.m. in Osage Centre. A Council member may serve as liaison. Staff contact —Parks & Recreation Director 339-6340. Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 10/4/2021 SUBJECT Appointment of two members to the Planning and Zoning Commission for a term expiring November 1, 2025. EXECUTIVE SUMMARY Melissa Stickel and Kevin Greaser have terms on the Planning and Zoning Commission set to expire November 1, 2021. The following have expressed interest in serving on the board, and their applications are attached for your review. Applicant Ward Citizen Academy Graduate Deja Bailey 3 No Adrienne Henry 3 Yes Michelle Clements 3 No Christopher Haug 1 No Jennifer Willett 4 No BACKGROUND/DISCUSSION 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. The commission shall consist of nine (9) citizen members appointed and approved by the city council. Members of the planning and zoning commission shall serve for terms of four years, beginning on the second day of November. A copy of the board roster and attendance roster are attached for your reference. GENERAL DIRECTION Unless directed otherwise, two appointments to the Planning and Zoning Commission will appear on a future agenda for consideration. ATTACHMENTS: Name: Description: D Bailey.Deja.07-04-21.pdf Bailey, Deja D Henry.Adrienne.02-15-21.pdf Henry, Adrienne D Clements.Michelle.l2-16-20.ndf Cements, Michelle D Haug Christopher.10-16-20.pdf Haug, Christopher ❑ Willett.JennifeI.10-28-20.ndf Willett, Jennifer D Planning_Roster.pdf Planning and Zoning Roster D roster attendance.n zndf Planning and Zoning Attendance Roster Staff: Agenda: 10/4/2021 SUBJECT Advisory Board Minutes ■ Airport Advisory Board Minutes, August 10, 2021 ■ Historic Preservation Commission Minutes, July 21, 2021 ■ Planning and Zoning Commission Minutes, August 11, 2021 ■ Red House Interpretive Center Minutes, August 5, 2021 ■ SEMPO Board of Directors Minutes, July 21, 2021 ATTACHMENTS: Name: Description: © AiMortBoard-Minutes- August 10 2021.12df Airport Advisory Board Minutes ® Historic Preservation Conyrission Minutes 07-21-21.pdf Historic Preservation Commission Minutes D Plannine Zonin,g_Conmrission Minutes 08-11-21.pdf Planning and Zoning Commission Minutes ® RID HOUSE INTERPRETIVE CENTER MW= 8.5.2021.12df Red House Interpretke Center Minutes 0 SEMPO Minutes Board 2021 07 21 DRAFT.pdf SEMPO Board of Managers Minutes CITY CAPE GIRArR©EAU RF'GGiONA L AIRPORT - CGI Cape Girardeau Regional Airport Advisory Board Meeting - Minutes August 10, 2021 The Cape Girardeau Regional Airport Advisory Board held their regular meeting on August 10, 2021, at 11:31 am at the Cape Pilot's Club. Board Members Present: Ryan Dewrock, Chairman Richard Knote, Vice Chair Beverly Cleair, Board Member Mike Marshall, Board Member Justin Davidson, Board Member (via phone) Tameka Randle, Board Member Joe Uzoaru, Board Member Jeff Brune, Board Member (via phone) Absent: N/A Staff Present: Katrina Amos, Airport Manager Audrey Lorch, Airport Support Spec. Tommy Sung, Maintenance Ops/Intern Jeff Long, Southeast Missourian Call to Order/Approval of Minutes - The meeting was called to order at 11:31 am. Mr. Knote moved and Ms. Cleair seconded the motion to approve the minutes from the July 13, 2021 minutes with the exception of correcting the name of the SEMissourian reporter present at the July meeting. The motion was approved by unanimous vote. II. Appearances — None III. Old Business - A. Airport Activity Report —Ms. Amos presented the July 2021 Airport Usage Reports. Airline enplanements continue to be very strong, with a 40% load factor compared 2020 at 14%. There were cancelations/delays during the month due to weather in Chicago but compared to July 2020, enplanements are up 189%. Discussion continued on this topic. B. Cape Aviation Report — Ms. Amos presented the July 2021 Cape Aviation Report. Fuel sales were steady for the month. Cape Aviation has been very busy with both corporate and student pilot traffic. Flight Line staff has done an excellent job keeping up considering the FBO is short staffed. Ms. Amos expects to hire another full-time flight line technician in the next couple weeks. Ms. Amos reported the new self-service credit card unit will be installed on 8/11/21; the next project is to build a new awning for weather protection. More discussion continued on the topic. C. Projects Airport Development Projects Update — Ms. Amos presented the New Passenger Terminal Building Scope Of Services packet to the Board for review, which covers the tasks Burns and McDonnell will assist airport staff with including developing 15% Basis of Design. Once completed, Burns and McDonnell will assist with advertising the project for bid as well as vetting potential design -build teams. Discussion continued on the topic. Taxiway Bravo Reconstruction — Ms. Amos reported she continues to work with CMT, Inc. on the design for the Taxiway B reconstruction project. Ms. Amos noted the FAA has agreed to allow the taxiway be constructed at 50ft width instead of the 35ft they originally required. This exception is mostly due to the project being funded with CARES funding. The Board offered comments and suggestions on the current design geometry. Ms. Amos will share their comments to CMT in hopes to incorporate those ideas into the design. Master Drainage and NEPA Study Update — The Master Drainage Study has been completed and under review. The main areas of concern are south of Runway 10-28 adjacent to Taxiway D as well as the north end of Runway 20 under Taxiway E; both areas have failed culverts due to age. Also due to the flat areas, there are issues with ponding in various areas of the airfield. Some of the repairs will be captured during improvement projects, while storm water tax will be used to address some of the minor issues SEMO Pilot Program Update — Ms. Amos reported SEMO University will host a BBQ at the Airport on August 21 to kick-off the beginning of the Professional Pilot Program. They plan to bring three (3) university branded aircraft in for the event. IV. New Business — A. Agricultural Lease — Ms. Amos reported the agricultural lease bid closed on July 30, 2021. Larry Eftink Farms was the high bidder at $202.22 per acre. The lease includes 61 acres in the Northwest quadrant purchased in 2020. This is a 5 -year agreement, effective January 1, 2022. B. B-25 Maid in the Shade Visit— Ms. Amos reported the B-25 Bomber would be here on display for tours and rides Monday August 23 — Sunday August 29, 2021. C. Advisory Board Member Application Review- The Airport has one appointment to fill, the board reviewed several applications and will move to make a decision to present to the City Council. V. Non -Agenda — A. Cape Girardeau Chamber Business After Hours — The Airport will host "Business After Hours" this month on August 24th, from 4:30 to 6:OOpm. A ride on the B-25 Maid in the Shade Bomber will be given away as part of a raffle for the event. B. Veterans Honor Flight- Ms. Amos is working with the Wake Foundation to potentially host an Honor Flight for 50 Veterans from Cape Girardeau to Washington, DC. SkyWest Airlines is assisting with this effort by adding a nonstop flight to IAD to the schedule. The flight is expected to take place October 8-10. VI. Adjournment — There being no other business Mr. Knote moved to adjourn the meeting. Mr.Uzoaru seconded the motion. All were in favor. The meeting was adjourned at 12:36pm. Minutes prepared by: Audrey Lorch, Airport Support Specialist CITY 0T CARE GIRIARIDIEAU HISTC RIC FI RE SEIRUAITION C C N N ISSICIP HISTORIC PRSSERMATIIION COMMISSION MEETING MINUTES my 21, 2021 City Hall — Council Charribers Pnesent: Mark Bliss, Brianna 118"itil (as noted), Annel Heindrix, Laren Clank Hill, Bonnie Kippen, Fly ari Lane, Caitlin McCready, Ply Itis E ides, AUgL sta W elsr Ak seni: Nonel Stahl 1`11118senll: Carol Reiens, Fly an S r nimpllin 011rers Present: Dr. S1IEI%eiri Haffman, Southeast Missouri SWIG Uni%ersfly Hisiloric RneseNiation Rrogram Coarc inator ilAdviscir to the Corr missian; Call io C rder Vice Chairman Kippen callec the rree'ling is orcer at 7:C10 p.mi. Approval of Minutes The rr inutes of ire , une '16, 2CM1 mleelling Mire L nanirrously appra%ec upon a rraiion rr ade ty Ms. Clark Hill and secondEid by Mr. Bliss. Appearances Flepandina Iternls N of on i r eI Ageinda Ms. ❑e.ja BailEiy, '1426 TI erris Sireet, irillncic uced herself to the Commission. She explairieid llrai she is in tr a process of prelparing an appliciatian ilon designating heir rieiighba& ood as a local r isionic districll. She siaiec that sre is wonkirig to acquine signaitres frorr the oirer Klrciperty owrieirs, bul several oil irerr are f esitanll ici sign because ihEiy are coricieirried about 'Icio many neisirictions being placeic on tl• ein properly. S I" eI requested infonmation on the restrictions. Mr. S r rimlplin EIS plaided 11 r a'1 new bL ildings, built ing ac ditions, and exterion bL ilding alterations negl ire a Certificate of Appropniaieness from irel Hisioric Rreservation Comlmissicin, as do building cerrolitiods arid oireir items, such as ilerices, walls, aric signs. Cndinany maintenaricel and repairs do not require a Certificaie of Appropriaterieiss. He neferred Ms. Bailey 110 Seciicin 30-3E2 of the Oily Coce far morel inforrr ai ion. Ms. Bailey tr anked 11 he Corr mission and siA fon it eir iimle. Chairman 118"itll jainec the meelling at this limel. C BRTIFIC ATE CF ARRROPRIAIIBNBS.1 The Clorrmission reisL rreIc its ne�ieiw of a reqs esi by Rhillip B. S rr ii r Ar& iteci, LLC for a Certificate of Arlpropriatenelss for exierior renovations to the CarjE1 River Heritage MuseI rr at 538 Indepeindencie Street, a local histonia landmark. Mn. Smliif neKloriec that he and Brock ❑avis, Rarks Division Mariagen, met with Mr. Shnimiplin and ❑r. H offrr an cin-si11e to condL ci an eatenicm inarleictian of &e k L ildirig and to c iscuss nevisions to ire scope of wcirk . He i r ein pnesenlleid a surrmiary all the items discussed aric ihei rei%inions made. He also presented several roof shingle sarr ples. The Coma ission sellecteid the slalle coloneid H ❑ architeC11 L ral dirnlensiodal sl- ingleis for tre roof. Mr. Smliih noted that ihel proposeic stoiimi windows arei IoW prailile. Mn. Shrimplin noted tr all i he water rerleillani has been rein a% ed frorr the scope of work. A rr at ion was mace by Mr. City oil Ceiple C imide au Hi,c tania F nesemialian Cammissian N eeiting WfllL teas July 31, 2(131 Pagel 21 of 'I Elliss and secianded by Ms. Wellsh to apprcRei ihel Certificate of Appropriateness regLesi per if e rel%iseid scope of wonk and the cecisions mace at the meeliirlcl. lite mo -lion passed by a L nanirr CIL El vote. 2. \ ica C t airman Kipl:leir neparled that the neqL asi by Good Cay Farrr Missouri, LLC far a Certificatel of Appropiiiaieness for el)terian renmeitiaris at 1"330 9naac way was with(rawn. OTF E R EUSIINESISI Cammitilele Reports anc Assignmerits There were no ecimmiitee rapors or assignments. Cammissicin Cammunicaiion Viae Cl- airrrn an Kipplar welcomed rieiW Corn missiion members Me. MaClreiady and Ms. Welsh, each of wl- orr briefly at ared thein background. They both siaiec that -It ey are Icioking forward to serving cin the Commission. Ms. Welsh annot, ricad 111 ai L .S. Dist rici J t, c cle Sept en N. Lim k augh, r. will be (living a speeah circ Saturday, L ly 24, 202'1 sit ' 3:00 a.m. ai the Rec House. The topic is a historical figure Wt o selil,lac as a judges in the 1800s. Sltafll Clore rr L nication Mr. SIf iiirr Alin infarmec i V e Clorrrrission that i f ei Quonseli 1`0 at 1929 Goac Hope Strelet, W t i& was seleciec esuilier in if a yean alar tt a 2021 9ndangereid Qt, ildirlgs List, was recently c err olisheic . Adjournment There Laing rlci iLrther bt,airless, the Cammissicin %ciiec unanimaLsly 11a adjoLrri itei rreieiing at 7:40 p.m. upas a mollion rr ace by Ms. Clank Hill and seaarlded by Ms. DeWit11. - - -- -- -- RespecitfL Ily sL bmifled, Laurer) ark Fill Secrelaryl CITY 0 t CAPE GIRARDEAU FLANNINGI 91-eICNING CCNNISSICIN RUNNING &ZONING CC MMISSIION MEETING MINUIIIES August 11, 2021 Cliily Hall — CCIL ncil Chanters Rrseseni: Scoti Blank, Kevin Greasers, Ratrick Koetiing, Melissa Stiakel, Bd Tharrpson, Sid Whi111ingllon, Detorah Young At sen11: Derek .; acik son, Nick Marl in Staff Present: Canol Reters, Ryan Shnirrcllin Call 110 Order Cll• airman Glaser cialled 111•e rreeiing io order at 7:0CI cl.m. Appraval of Minutes The minL tea of if e.,Lly 14, J021 meeting were unanimously apclrci�ed upon a motion made by Mr. Koetting and seconded by Mr. Thompson. REZONINGSI. EIRBCIAL U SIB PERMITEI. AND EXCERTIONS I. A FlL blici hearing was held on the neclL esi cif Koehler Engineering ctrl behalf of Mayscin Investmenlls, LLC io rezone procleriy located ai 3203 Blocirrfield Road, 44CI SOLih Mciunt AL burn Road, 614 N ort Wew Drive, and a portion of 111•e vacated N ort Wew DIN a rigf• i -of - way from R-1 (ISirigle-Family SIL burban Resic ential District; to C-2 IIH ighway Com mencial Dial licit). C1 ris wciehlen, Koehler E rig i n eering, presented the req Lesi. He explained that althOLclh if e sL bjecil pooped ies are zoned resideriiial, they are located in a corrmercial corridor. Ms. YOLng asked ill ihene are any families with childnen in the sLnnaLnding neicll•bonhciod aric if the safety till thase al-ildnen was considered. Mn. Koehler resporiced t explaining that if e developers has c iSCL aced Hs glans wiI the residents wl- ci wOL ld be most affeciec by the plajecll. "U a residenlls expressed supparl for the projeci. He stated that a privaciy feriae waL Id be installed io screen il-e new c evelorlrreni frorr the adjacenll residenllial prorleriies. A staff reparl waS sL brr itiec 110 tl• a Commissicin, wl• ich neacirrrrerided approval of the rezoning request. Chairman Greasers opened 11he public fearing and, seeing no appearances 110 arleak, he closec the put lic hearing. A moticin was made t y Mr. Koetil ing anc secoric ed by Ms. Sltickel 110 ►iecicirrmenc approval of the rezoning regLesi. The rroiion passed with a hall call vote of 7 in favor, Cl in opposition, and 0 abstaining. (Aye: Bilank� Grnasetl Koeilting, Sticker Tborripson, Whittington, Young) 2. A public healing was f eld cin the negL es11 oil Clalll• olid Cll• arities cif SOL theln Missciuri for an exception from Development Coce Election 25-004(a), sireei landscaping sinip, fon cpiciperly Cit} oll C eige C NeindeaL Plaririing & Zoriiricl Clommissiori Meeting M inL ies Pugusl 'I'I, 2021 Rage,'] of 4 lociated ai 475 North Main Street. IV ii. llt orr pion recusec himself frarr the c iscu anion and vole dL a to his involvement with the applicant. C tris Kciehlen, Koen• len Brigineeiring, pnesented the nequesil. He excllainec itai die to sciaaei ciansinainls an ire lo -1, the applicant is requesting approval ici install a decoralke fenae along North Spanish Slineei in IIEII cif a iLll 'len ('10) foot wide sineei landscaping sinip. BeciaLse ilte silneeii landscaping silrip woLlc not be wide enough ilei accommodate itei required plantings, ire appliaarii woulc pnovice adciilional cllan'lings elsewtere on the site. A s'lafll nepori was submit -led to the C orrrr ission, whiat containeid the following findings of facil : Criilerion X11: As part of ilte excep'lion neques'I, a "sLbsiariiial equivalerii" is proposed. "Slubstan'lial eqLivalenV rreians an alierriallei design, method on feaitre that aaciomcllishes the sarr a ciu rpose as the applicable ❑ei%eilopmeni Code regL irerr ent. Finding: llt a SL bjecit property is cinciposed 'lo be develciped for a transiticirial hosing facility that will includei a parking lot along North Spanish Street. Due ilei the positicining of ihei k L ildings on ilt a ciroperty, , llt ere is rioll room to provide 'll• a slant and '10 foo'I sl reed landscaping strip. llt e appliaani is proposing a net a ced width (apcpici) irralely 2 feet,' alcing will t a blank rr elal llerice in lieu of the fL II widl h and plarillings. The primary purpose cif ire sineet laric soaping strip reqs irerrent is to visually einhancie the areas between panking scute, and the cIL blit rig tt-of-way wren tt a spades are in close clnci) irriiy to the right-of-way. The � isL al enhancement is in tte form till plantings. A minirrLrr wicir of '10 feet is requireid for the sineeil laricscaping sllnip in orden io provide sLfficierill roorr for the plantings, including the root systerrs. llhe proricised fenoei has a detonative design and will servie as a viSL al ent ancement; as SL (It, it qL alifies as a SL bslarlial eqL ivalerii. llt a proposec width of lhei street landscaping sinirl is adequate far the installallion and maintenance of the fence. The standarc 10 foot wicilt is nat necessary because iltere will be no plantings. While ltei prirrary purpose of llte required plariliricl:i is �i&al ent ancement, the plarillings also serve to screen vehiole t eadlights llrom itEl nicih'I-•of- way aric from properties across the stree-l. Fon this reason, ite fencie should con'lain a screening element to reduce heat ligtt glare. Criterion P2: Approval of lte e)cieplicin request is consistent with the general spinit and intenll of the Developer ent C ode. Finding: llte subsilanllial equivalent proposed by the applicant ensures fairness amiong property owners and ieriants, which makes aprirci%al of the exception regLesi consisieni with 1 he general spirit and intent cif 1 r e ❑EIS eilopmeni Code. BaSEIC on ire above findings, s'laff recorrmerided approval of the e)ciepiion request, suk,jecil lo'It e following ciandition: llte fenoe stall contain a screening elerreinll to rediae teadlight glare. llhe nature of the aoneening shall be SIL k ject to approval t y tt e C Fly sllafll. Chairman Greaser openec the pL blit heanincl and, seeing no appearances 'lo scleiak, he closed tt a public reiaring. A rr onion was mace by Mr. Koetting anc secionc ed by Ms. Sltickel ilei appnove lte exception request wiih ltei conditicin sllalec in iter staff report. We motion C illy of C arlEi Girarc eau Rllarining & Zoning Commission Mee -ling Minuteis AL gu sit 11, 242'1 PagEi 3 of 4 pe ssec with a roll call vote of 6 in fad or, 0 in opposition, and 'I abstaining. (Ayle: Blank, Gneaser4 KGetting, Stickel, Whiiltington, Young; Abstain: Thar, saon) S L 8❑IVIS IC N PLAITS 3. Tr a nEieerc khat of Deen Run 8slAlles Phase ' was reviewec k y tr a Corr rriission. Marc Mlahnke, Slriakland Engineering, preseritec 1rEi plat. He stated that IlVe recond plat is consistent with the approved preliminary plat for Deen Ru n BslAies. He explained that the plai shows tr a existing drainage easerrent fon ilr a stormwaten detention k asin as being released k y the City. ill- is is becaL se the detention basin will be reshaped, and a new easement is being granted far ill. Teresa Wilke, 3426 CId Hopper Rodd, askec if a sidewalk will be installed along Cld Hopper Road as klari of Ie subdivision imipnMEirrEinils. Mr. Mar nke stated that ire irrproven ent plans for the suk c ivisiori da show a new sidewalk alcrig Clc FopklEir Road. A slAfl report was sukmiited to tre Commission, wrich recorrmEirided apprc�al of the plat, subject to stafil's corrrreirits being successftlly addnessed. A moiien was mace by Mr. Koetting aric secondEic by Mr.-Rorrpson to recon rr Grid approval of i he plat klEir i v El silaff report recom mendai ion. Zlr a motion passed with a roll call Acte of 7 in favor, 0 in oppositicri, and 0 akstaining. (Ayle: Blink, Gneaaati Koetting, Slickok TPhompson, Whiiltington, Young) 4. -nvEi recond plat of H ullscn Butler Subdivision was reviewed by the Commission. A slat report WEIS subrri111ec to the Commission, which necommerided aklrlre�al of Ire plat, sLbject to staffs carr merits k eing sk ccessfully addnessec . A rraiion was mace by Mr. Zlr err klsen and sEieonded by Mr. Blank to necorrimeric approval of the plai pen ire staff report recarrmericailion. The rrioiion passed with a rall call vote of 7 in favor, 0 in opposition, and 0 abstaining. (.AyEi: Bllank, Gneaaai; Koeilting, Stickel, Thcrrpaon, Whittington, Ycung) 5. llhe recond kllail ci J.B. Burton S ubdNision was neviewed t the Commission. A silaff report was sukmiited to ire Corrrriission, whirr neeommericed apklraval of the plait, subjEicd to stafil's corrm Eiriils being sL eeessfully addressed. A rroil ion was mace k y Ms. E t iak el and seeorided k y Mr. KoetlIng to recommend appnoval of lire plat per ire silaff report rEiccmmendaiion. lire nation passed with a null call vote of 7 in favor, 0 in opklosiilion, grid 0 abstaining. (A)le: Blank, Gneaaer, Koeilting, Stickel, TYtorripson, Whittington, Young) 6. The recond kllail ei F awl v orne SuL division was reviewec by I a Comrr ission. A silaff report wes submitted ilo the Clomrriission, which necommenced apklra�al of the plait, subjEicrt 114 stafil's corrm Einis being successiL Ily Eiddressed. A rrotion was rrade by Mo. W v iitingion aric secoric ed by Mr. Blank to recon m end appno� al of the plat per t v e stafil report neaommendaticri. lire motion klassed will a noll call voile al in favor, 0 in opklosiilion, and Cl atstaining. (Ayle: Bllank, Greaser, Koeilting, Stickel, Thorr pson, WNhington, Young) OIIF BR II18MS AN ❑ COMML N (CATION Commission Comrr L nicaiicin 111'EirewerEi ric comrr uniciation itEirra frem the Corr mission. Staff Corn municie fiari Mn. S r rirrkllin gave Re tlollowirig updates: City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 11, 2021 Page 4 of 4 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on July 19, 2021:. • D & K Stock Subdivision Record Plat — 2" no & To Readings The City Council approved the following on August 2, 2021: Annexation, Zoning, and Extension of Ward Boundary for Property at 530 County Road 317 — 1St Reading 1295 Independence Street Special Use Permit — 1" Reading Ferndale Anthony Southwest Subdivision Record Plat — 1" Reading 2. Update on Transportation Trust Fund (TTF) Projects Transportation Trust Fund 5 (TTF-5) • Independence Street from North Broadview Street to Caruthers Avenue — The consultant is finalizing the design. Staff is preparing acquisition documents. • Main Street from Roberts Street to East Cape Rock Drive — The consultant is finalizing the design. • Sprigq Street from William Street to Broadway — The consultant submitted the acquisition exhibits. ADA parking spaces are being added to the design. • West End Boulevard from Rose Street to Bertling Street — A sanitary sewer issue was recently discovered. The consultant is revising the plans to address it. Several easements have been accepted. • 2021 Concrete Street Repair — The project will be advertised for bids this month. Transportation Trust Fund 5 (TTF-5) • The surveying and engineering consultant agreements have been approved. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:25 p.m. upon a motion made by Ms. Stickel and seconded by Mr. Koetting. Respe y u mitted, A' atri Koettin ,Secretary CITY Of CAPE GIRARDEAU PARKS & RECREATION DEPARTMENT Red House Interpretive Center Meeting Minutes Thursday, August St" 2021— Osage Centre — 4:30 pm -6:00 pm Members Present: Brenda Schloss, Chairman Julie Grueneberg, Board Member Stan Downs, Board Member Augusta Welsh, Facility Dana Deisher, Secretary/Treasurer Members Absent: Alyssa Phares-Fee, Board Member Stan Baughn, Board Member Debra Baughn, Board Member Guests: INTRODUCTIONS: Dr. Frank Nickell, Board Member Beverly Hahs, Rose Hill Garden Liaison Penny Williams, P&R Board Liaison Brock Davis, P&R Board Liaison Laura Hermsdorfer, P&R Secretary Christy Mershon, Board Member Joe Sullivan, Board Member Emeritus I. APPROVAL OF MINUTES: Dana Deisher approved the July 1, 2021 minutes and Beverly Hahs seconded the motion. II. FINANCIAL AND ATTENDANCE REPORT: June 2021: Reported 35 visitors and approximately $80 in profit July 2021: Reported 60 visitors and approximately $200 in profit III. OLD BUSINESS: Discussed Speaker Series o Steve Limbaugh spoke on July 24th at the Red House to a crowd of approximately 25 people to great reception o Bill Eddleman to speak on August 14 at Shawnee Park Center at 11 am on Life in Missouri in 1821: The Year of Statehood Discussed Ice Cream Social o Ice Cream Social is scheduled for Tuesday, August 10 and will run from 6:30 PM — 8:00 PM o John Fisher to speak at 7:15 PM about the history of ice cream o Back Porch Company to play throughout the evening o Beverly Hahs made motion for ice cream making demo with a hand crank -style ice cream maker, Julie Grueneberg seconded o Vote passed; agreed that one demo, without children handling the ice cream maker and with proper sanitization would be safest and enjoyable for all o Setup is to start at 6:00 PM, volunteers needed o Due to COVID cases on the rise, emphasis on sanitization is important; extra sanitizer and gloves are needed o Red House to be open for tours at the time of the Ice Cream Social Discussed committee memberships o Fundraising and Outreach ■ Brenda Schloss to lead, Augusta Welsh to act as liaison ■ Augusta to email about membership o Programs and Events ■ Julie Grueneberg and Stan Downs to lead o Education and Displays ■ Brenda Schloss to lead, suggested Alyssa Phares-Fee and Stan and Deb Baughn might be interested ■ First goal is to plan for the James Baughn memorial room o Memorial and Honors ■ Julie Grueneberg, Dana Deisher, and Dr. Frank Nickell to lead ■ First goal is to research options for Linda Nash and James Baughn memorials IV. NEW BUSINESS: Discussed Linda Nash memorial o Consensus reached that a bench outside the Red House would be appropriate o Brock Davis to look at options for style and pricing of different benches o Other ideas may be presented at next meeting Discussed James Baughn memorial o Memorial tree planting suggested o Best time for planting would be mid -late October to promote growth o Ceremony could be held at that time Discussed election of new co-chair o Augusta Welsh suggested Julie Grueneberg as new co-chair in light of Julie's dedication and hard work o Dana Deisher moved to approve Julie as co-chair, Stan Downs seconded motion o Vote passed with unanimous approval Discussed Speaker Series event for Robert Kuck, II, author of "Blood and Honor" o Kuck to be in area in September for another book signing o Suggested asking Kuck to speak and offer book signing at Red House on the Saturday that he is in the area Discussed reimbursement for Kuck books o Stan and Deb Baughn paid $12 per book, copies are being sold at Red House for $20 each o Motion made to reimburse Stan and Deb for the $12 per copy they paid, leaving $8 profit per sale for Red House o Stan Downs moved to approve motion, Julie Grueneberg seconded the motion o Vote passed with unanimous approval Discussed accession process o Augusta explained that the Red House would benefit from an accession process o This would provide a paper trail and enable better record-keeping for items on display at the Red House; details like where items came from, who donated them, and if they are a true donation or on loan would be a benefit o Julie Grueneberg suggested that we also include a picture inventory to accompany any documents Discussed first aid kit replacement o Julie Grueneberg explained that the current first aid kit is completely full of expired items and is not up to current standards for health and safety o Penny Williams assured that a new first aid kit will be acquired for the Red House as soon as possible Discussed Amazon nonprofit benefits o Julie Grueneberg explained the process: if the Red House had its own separate bank account, that information could be entered along with an EIN number and proof of nonprofit status to allow Amazon users to declare that a portion of their purchases are donated to the Red House o Penny Williams and Brock Davis to research to see if this will be possible given the Red House is tied to Foundation funds; will report at next meeting Discussed future meeting times o The 4:30 PM meeting start time has proved to offer the best attendance that board members can remember o Augusta Welsh suggested to keep the meeting time the same for next month, no disagreements from other members present o Requested that an email be sent out to frequently -absent members asking about attendance V. OTHER BUSINESS Boy Scouts to volunteer to pull weeds at Red House, Beverly Hahs to supervise Boat docking Thursday, August 19: The American Countess, 12 PM — 5 PM Docent training day scheduled for Monday, August 16 at 10:30 AM VI. REPORTS Next Board Meeting — Thursday, September 2, 2021 VII. ADJOURNMENT There being no further discussion the meeting adjourned. Dana Deisher made a motion to adjourn, Julie Grueneberg seconded the motion, and it passed. I "IR -13, 0 SOUTHEAST M EfRM., P NIZATION BOARD OF DIRECTORS MEETING MINUTES July 21, 2021 Jackson Civic Center 381 E Deerwood Drive, Jackson, MO 63755 Board Voting Members Present: Mr. Rodney Bollinger (in absence of Mr. Dwain Hahs) Mr. Bob Fox, City of Cape Girardeau Mr. Jim Roach, City of Jackson Mr. Jeremy Tanz, Southeast Missouri Regional Planning & Economic Development Commission (SEMO RPC) Board Non -Voting Members Present: Mr. Thomas Caldwell, Illinois Department of Transportation (IDOT) (via Zoom) Mr. Tom Mogelnicki, Cape Girardeau County Transit (CTA) Ms. Betsy Tracy, Federal Highway Administration — Illinois Division (FHWA) (via Zoom) Technical Planning Committee (TPC) Members Present: Ms. Katrina Amos Mr. Drew Christian, SEMO Regional Planning Commission (SEMO RPC) Mr. John Mehner, MAGNET Mr. Brian Okenfuss, Missouri Department of Transportation (MoDOT) Mr. Ryan Shrimplin, City of Cape Girardeau Staff Present: Mr. Alex McElroy, City of Cape Girardeau, SEMPO Program Administration/Support Consultant Present: Other Ms. Marla Mills, KLG Engineering Mr. Bruce Loy ('.all fn C)rrlar Chairman Tanz called the meeting to order at 2:04 p.m. Southeast Metropolitan Planning Organization Board Meeting Minutes July 21, 2021 Page 2 of 5 Introductions Those present introduced themselves and those via zoom were identified by Mr. McElroy. Adoption of Agenda The agenda of the July 21, 2021, Board of Directors Meeting was unanimously approved upon a motion made by Mr. Fox and seconded by Mr. Bollinger. Approval of Minutes The minutes of the June 16, 2021, Board of Directors meeting were unanimously approved upon a motion made by Mr. Roach and seconded by Mr. Fox. Communications from the Chairman Mr. Tanz noted he would hold his communications until later. Public Comments Regarding Items Not on the Agenda Chairman Tanz asked if there were any comments from the public regarding items not on the agenda. There were none. New/Unfinished Business MoDOT Needs List Tier 3 Road & Bridge and Multi -Modal - Mr. McElroy noted that MoDOT has asked for funding scenarios for Tier 3 funding for road and bridge and then additionally for multimodal. MoDOT indicated to Mr. McElroy that consideration for Tier 3 road and bridge funding should include $175.87 million for the Southeast District which would equate to $18.6 for the SEMPO MPA. Mr. McElroy noted that along with the agenda today there are handouts that show the Tier 1 and Tier 2 priorities and outline Tier 3 recommendations from the TPC to the Board. MoDOT further indicated to Mr. McElroy that the Tier 3 funding generally was a 10 - to -15 -year timeline, which is likely when the funding will become available. For multimodal, MoDOT anticipates about $87.93 million for the Southeast District, equating to $9.3 million for the SEMPO MPA. Tier 3 recommendations include items not already listed in the STIP. This was a big discussion at the last TPC meeting. Tier 3 Road and Bridge recommendations from the TPC include adding additional lanes to 1-55, from Scott City to Fruitland. They recognized this is a significant project, so the recommendation was to phase it, starting at Exit 93 going to Exit 99, with a major emphasis that Exit 96 remain part of the scope if it were further scaled down. A second project to be prioritized under Tier 3 funding is US 61 Deerwood roundabout. It has been discussed and Jackson has already done an intersection study. They are already looking at potential funding including a cost share. Mr. McElroy asked if there was anything additional the Board wanted to add but there was no additional input. Upon a motion made by Mr. Roach and 2nd by Mr. Bollinger, the Board unanimously accepted the TPC recommendation to add expansion of 155 with first phase of project from Exit 93 to Exit 99 as a Tier 3 priority. Southeast Metropolitan Planning Organization Board Meeting Minutes July 21, 2021 Page 3 of 5 Upon a motion made by Mr. Roach and 2nd by Mr. Fox, the Board unanimously accepted the TPC recommendation to add the US 61 Deerwood roundabout as a priority for Tier 3 funding. Multimodal was addressed by ranking according to each mode. Mr. McElroy noted that Mr. Bruce Loy was in attendance and that he had been asked by the TPC to review recommendations in SEMPO's Bike/Ped plan and confirm those align with current priorities of the bike/ped community. Mr. Loy reported that the priority was the connection of current trails in Cape and Jackson, which would increase trail miles and safety. Recognizing there may not be sufficient dollars for the project, the goal was to, at a minimum have engineering and design included in Tier 3 projects. He noted that the north Cape -Jackson trail connection was the preferred connection, but also noted that it would have to be evaluated to see if it was the most cost effective, feasible connection considering engineering and other factors. Mr. Fox asked if bridges were considered and if a shared road for bridges would be acceptable at least as a temporary alternative and Mr. Loy said he thought that it would. Mr. Okenfuss asked if he knew what the usage would be, and Mr. Loy indicated he did not but felt it would increase with the connection and would also be considered in tourism promotion. Mr. McElroy noted that the TPC voted to support whatever recommendation Mr. Loy brought to the Board and a letter to the Board from Mr. Loy was included in the agenda packet. Mr. McElroy said that the Cape - Jackson connection was consistent with SEMPO's Bike/Ped plan recommendations. He clarified that the formal recommendation was to prioritize the design of the connection. Mr. McElroy noted that the Board would not vote on multimodal individually but would consider a motion for all at one time. Mr. McElroy noted that transit is currently focusing on their new $3 million facility project, leveraging FTA funds. Mr. McElroy went on to say that these funds come with a 20 percent match which equates to $600,000 from CTA. In ranking the priorities, the TPC recommended $300,000 go toward the match as part of the Tier 3 future funding scenario. Neither the Port or Airport representatives were at the TPC meeting, but Mr. McElroy reported that after the meeting they forwarded their priorities to him, and these were in the list as provided as part of the agenda packet. Ms. Amos noted that they prioritized items that they felt would encourage economic development. She noted their priorities included land acquisition and ways to open the land up for future opportunities as identified in the masterplan. Mr. McElroy reported that the Port also forwarded their current prioritization, and these were included in the list provided to the Board, along with estimates. Mr. McElroy noted that the number one previously ranked pedestrian crossings for each community were also included in the list. In Cape it is US 61 and Independence and in Jackson it is N. High St. and Deerwood Dr. Mr. McElroy noted that multimodal was approached in this fashion because in a future funding scenario it might become inherently obvious which priority moves forward based on appropriateness and which ones fit. This does not pit the modes against each other. Southeast Metropolitan Planning Organization Board Meeting Minutes July 21, 2021 Page 4 of 5 Upon a motion made by Mr. Roach and seconded by Mr. Fox, the recommendations made by the TPC regarding Tier 3 funding priorities to be forwarded to MoDOT were unanimously accepted. RESOLUTION NO. 2021-011, A Resolution approving Amendment No. 8 to the FY 2020- 2023 Transportation Improvement Program — Mr. McElroy reported that the amendment included new and revised projects for MoDOT and a few projects for CTA. Upon a motion made by Mr. Fox and seconded by Mr. Bollinger, the board unanimously passed RESOLUTION NO. 2021-011 approving Amendment No 8 the FY 2020-2023 Transportation Improvement Program. Electric Vehicle Readiness Plan Request for Qualifications — Mr. McElroy noted that he issued the RFQ for an Electric Vehicle Readiness Plan approved by the planning committee. He went on to note that he directly solicited 21 firms with the RFQ, with five being specific energy and strategy consultant firms, local engineering firms, and ten regional firms that advertised they had the capabilities. Mr. McElroy also met with Ameren representatives who indicated they would give the RFQ to an additional three consulting firms. He feels the RFQ has been distributed as much as much as possible. He noted they are due August 6. Member Reports City of Cape Girardeau — Mr. Fox noted the concrete street repair is moving forward. The last of the TTF5 projects are to start soon. TTF6 projects are in design phase. City of Jackson — Mr. Roach noted their asphalt bids have been awarded. He gave updates on additional projects in process. Cape County Transit — Mr. Mogelnicki reported that they are working on their tri -annual review with the Federal Government. Cape Airport — Ms. Amos reported that the environmental and historical study for the terminal project is under way. She went on to report there is a pre -design meeting next week so the projects should move forward quickly. Also, they are working on an additional grant which will go to council for approval next week. SEMO RPC — Mr. Christian reported they have their TAC meeting next week after their Board meeting. He noted that the DNR's Volkswagen Trust Electric Vehicle Infrastructure Application period is open until October 12. He clarified that this is a statewide opportunity for businesses that are interested. MAGNET — Mr. Mehner reported that MAGNET has contracted with Ernst & Young to develop a strategic plan. He noted this process will include input from different sectors of the region and asked the group to participate when the process is at that point. MoDOT — Mr. Okenfuss reported on the progress of center junction with work on the northbound bridge deck last week. He noted that there will be another traffic switch in 3 to 4 weeks. Exit 93 was recently reviewed by a consultant who provided some conceptual alternatives, looking at what makes Southeast Metropolitan Planning Organization Board Meeting Minutes July 21, 2021 Page 5 of 5 sense and what is feasible. He went on to say that the report should be complete sometime in December 2021. He reported that the Governor officially signed the fuel tax bill last week. IDOT- Mr. Caldwell had nothing to report. FHWA-IL — Ms. Tracy had nothing to report. Staff Report — Mr. McElroy asked Mr. Okenfuss to speak to the TEAP application process. Mr. Okenfuss noted that the program is a good support for traffic studies or similar projects. It is set up as an 80/20 match. The applications are due the end of August with project award announcements made on October 1, 2021. Mr. McElroy noted that the new website is live. He believes it was a good work product and shows the organization in a good light. He noted that there will be an MTP Amendment and another TIP amendment forthcoming. Other Business and Communications There was no other business or communications. Adiournment There being no further business, the meeting was unanimously adjourned at 2:44 p.m. upon motion made by Mr. Fox and seconded by Mr. Roach. Respectfully submitted, Marla Mills