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Home My WebLink AboutP&Z.Agenda.05-11-2022 CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION AGENDA PLANNING & ZONING COMMISSION WEDNESDAY,MAY 11, 2022 7:00 p.m. City Hall,44 North Lorimier Street Council Chambers Scott Blank Kevin Greaser,Chairman Derek Jackson Nick Martin Ed Thompson,Vice Chairman Melissa Stickel Sid Whittington Patrick Koetting,Secretary Deborah Young Call to Order. Approval of minutes of the April 13,2022 meeting. Appearances regarding items not on the agenda. REZONINGS,SPECIAL USE PERMITS,AND EXCEPTIONS 1. Public hearing on the request of Gibson Recovery Center to rezone property located at 1112 Linden Street from R-4 (Medium Density Multifamily Residential District) to C-1 (General Commercial District). ACTION TAKEN: Recommended Approval Recommended Denial Tabled 2. Public hearing on the request of Meyr Properties, L.P. to rezone property located on the south side of LaSalle Avenue, west of Baldwin Drive, from C-2 (Highway Commercial District) to R-1 (Single- Family Suburban Residential District). ACTION TAKEN: Recommended Approval Recommended Denial Tabled 3. Public hearing on the request of the City of Cape Girardeau to rezone property located at 1520 North Mount Auburn Road from R-1 (Single-Family Suburban Residential District) to C-2 (Highway Commercial District). ACTION TAKEN: Recommended Approval Recommended Denial Tabled 4. Public hearing on the request of the City of Cape Girardeau for a special use permit to operate and maintain a billboard in the C-2(Highway Commercial District)at 1520 North Mount Auburn Road. .4" 44 North Lorimier Street Cape Girardeau, MO 63701 (573)339-6327 cityofcape.org S)��` Page 1 of 3 DW)-01 J L uNtotib:a4 CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Conditions Recommended Denial Tabled SUBDIVISION PLATS 5. Baldwin Farms Subdivision Record Plat. ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Conditions Recommended Denial Tabled 6. Shadow Wood Villas North Record Plat. ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Conditions Recommended Denial Tabled 7. Shadow Wood Villas South Record Plat. ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Conditions Recommended Denial Tabled OTHER ITEMS AND COMMUNICATION 8. Chapter 30 Amendment Regarding C-2, Highway Commercial District. ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Changes Recommended Denial Tabled 9. Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District. ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Changes Recommended Denial Tabled Commission Communication. Staff Communication. • Update on items from previous Commission meetings going on to City Council. • Update on Transportation Trust Fund (TTF) Projects. Adjournment. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page2 o/3 CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION ****************** The Planning & Zoning Commission of the City of Cape Girardeau, Missouri, may, as a part of a regular meeting or a special meeting, hold a closed session in the Council Chambers to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, or confidential or privileged communication with its attorneys, pursuant to RSMo. Sections 610.021 (1) and 610.021 (2). ****************** NOTE: Public hearings on rezoning or special use permit requests recommended for approval by the Planning & Zoning Commission tonight will be held at the City Council meeting on Monday, June 6, 2022. Rezoning or special use permit requests recommended for denial tonight will be referred to the City Council at its meeting on Monday, May 16, 2022. Subdivision plats recommended for approval or denial by the Planning & Zoning Commission tonight will be presented to the City Council at its meeting on Monday, May 16, 2022, unless there are outstanding staff review comments. Development Code exception requests are decided by the Planning & Zoning Commission. They do not go on to the City Council. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page3 of3 CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES April 13, 2022 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Patrick Koetting, Nick Martin, Melissa Stickel, Ed Thompson, Sid Whittington, Deborah Young Commission Members Absent: None Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the March 9, 2022 meeting were unanimously approved upon a motion made by Ms. Stickel and seconded by Mr. Jackson. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Jack and Pam Cook to rezone property located at 871 Lexington Avenue from R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District). Pam Cook presented the request. She explained that she and her husband would like to sell the property and, based on inquiries they have received, they feel that rezoning the property would make it more marketable. Chairman Greaser opened the public hearing. Melvin Phillips, 916 Melody Lane, stated that his property is adjacent to the subject property, and he would just like to keep the area residential. He noted that there is already a commercially zoned vacant lot across the street if someone wanted to purchase commercial property in that area. Brenda Schloss, 899 Melody Lane, explained that she has lived on Melody Lane since 1975 and would also like to keep the area residential. She expressed concerns with not being able to narrowly regulate the use of the property if it is rezoned and the possibility of increased crime if a commercial use is established. She asked if any consideration was given to granting a special use permit instead of rezoning so that there could be more control over how the property is used. Mr. Shrimplin explained that the Zoning Code no longer allows a special use permit to be granted for a commercial use in the R-1 district. He noted that the request is consistent with the City's comprehensive plan. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Greaser noted that Sprigg Street and Lexington Avenue are busy City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 2 of 5 thoroughfares. In response to a question from Ms. Stickel, Ms. Cook stated that the property is just over half an acre, which is an appropriate size for a small commercial development. A motion was made by Ms. Stickel and seconded by Mr. Jackson to recommend approval of the rezoning request. The motion passed with a roll call vote of 5 in favor, 3 in opposition, and 1 abstaining (Aye: Blank, Greaser, Martin, Stickel, Thompson; Nay: Jackson, Whittington, Young; Abstain: Koetting). 2. A public hearing was held on the request of Jerad Busch for an exception from Development Code Section 25-604(a), fence height and surface requirements, for property located at 4150 Thousand Oaks Lane. Jerad Busch presented the request. He explained that he owns over eight (8) acres of land along LaSalle Avenue. His house is located on a hill surrounded by woods. There is a grassy area between the house and the street. He would like to install a six (6) foot high chain link fence with a black finish in the grassy area for security purposes. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The purpose of the requirement is to limit fence height to what is reasonable and necessary for the use of the property. Excessively high fences can adversely affect the character of the neighborhood. The proposed fence will not adversely affect the character of the neighborhood because it has a decorative finish and a mostly open surface. In addition, the property is large (over 8 acres) and the fence will be set back several hundred feet from the street. These characteristics qualify as a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Jackson to approve the exception request. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 3. A public hearing was held on the request of Brickyard Properties & Development, LLC for an exception from Development Code Section 25-805, bufferyards, for property located at 2821 Wintergreen Drive. Chris Koehler, Koehler Engineering & Land Surveying, presented the City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 3 of 5 request. He explained that the property is being developed, and the owner feels that the existing trees and other vegetation along the creek are more than sufficient to screen and buffer the development from the property on the other side of the creek. The owner is willing to keep the trees and vegetation in lieu of installing the required privacy fence. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The subject property is located adjacent to an R-1 (Single-Family Suburban Residential) zoned property to the west. The bufferyard is required along the entire west property line. A wooded creek runs through the area where the bufferyard is required. The applicant believes that keeping the existing trees and other vegetation along the creek will result in a better buffer than the privacy fence. The purpose of the privacy fence requirement is to screen the development from the adjacent property. The existing trees and other vegetation are a natural screen and thus qualify as a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following condition: 1. The existing trees and other non-invasive vegetation located along the creek shall be permanently maintained. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Whittington and seconded by Mr. Thompson to approve the exception request, subject to the staff-recommended condition. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). SUBDIVISION PLATS 4. The record plat of West End-Independence-Park Subdivision was reviewed by the Commission. Jeff Maurer, P & J Marketing, L.L.C., presented the request. He explained that the property consists of multiple lots and vacated/abandoned rights-of-way, which are being combined into one (1) lot in order to construct the new Rhodes 101 store at 10 South West End Boulevard. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Ms. Stickel and seconded by Mr. Koetting to recommend approval of the record plat. The motion passed with a roll call vote City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 4 of 5 of 9 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 5. The record plat of Cape West Crossing East -Second Subdivision was reviewed by the Commission. Jeff Maurer, Mayson Investments, LLC, presented the request. He explained that the property consists of two (2) lots that are being resubdivided to form three (3) lots. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Koetting and seconded by Mr. Jackson to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). OTHER ITEMS AND COMMUNICATION Commission Communication Chairman Greaser reported that Mr. Thompson was reappointed to the Commission. He will serve the remainder of his current term, which expires in November. He will then be eligible for another reappointment. Chairman Greaser noted that Mr. Koetting will reach his term limit in November and will therefore not be eligible for reappointment. Staff Communication Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on March 21, 2022: • 401 South Sprigg Street Special Use Permit - 2 nd & 3rd Readings • 618 Bellevue Street Rezoning - 2 nd & 3rd Readings • Church Enterprises Second Subdivision Record Plat - 2 nd & 3 rd Readings • Landmark Red Star First Subdivision Record Plat - 1 st Reading The City Council approved the following on April 4, 2022: • Landmark Red Star First Subdivision Record Plat - 2 nd & 3 rd Readings • South Side Farms Rezoning and Amended Preliminary Development Plan - 1 st Reading • Saint Francis Health & Wellness Center Condominiums, Re-plat No. 4 Record Plat - 1 st Reading 2. Update on Transportation Trust Fund (TTF) Projects Transportation Trust Fund 5 (TTF-5) • Independence Street from North Broadview Street to Caruthers Avenue - Staff is continuing to obtain appraisals. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 5 of 5 • Main Street from Roberts Street to East Cape Rock Drive -Staff anticipates advertising for bids in May. • Sprigg Street from William Street to Broadway -The bid opening will be held on April 19, 2022. The contract will be awarded on May 2, 2022. • West End Boulevard from Rose Street to Bertling Street -Staff anticipates advertising for bids in May. Transportation Trust Fund 6 (TTF-6) Adjournment • College Street from Minnesota Avenue to West End Boulevard -The bid opening was held on April 12, 2022. The contract will be awarded on April 18, 2022. • Maria Louise Lane/Kiwanis Drive/Broadview Street Intersection Improvements -Staff met with the consultant to review the preliminary design and discuss coordination with the Kingshighway Crosswalk project. • South Sprigg Street from Shawnee Parkway/Route 7 4 to Southern Expressway -The design is underway. • Bertling Street from Perryville Road to Big Bend Road -The survey is finished. Staff will start on the in-house design soon. There being no further business, the Commission voted unanimously to adjourn the meeting at 7:20 p.m. upon a motion made by Ms. Stickel and seconded by Mr. Koetting. Respectfully submitted, Patrick Koetting, Secretary Planning & Zoning Commission APPLICATION FOR: ADDRESS OF PROPERTY: PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: REZONING 1112 Linden Street Gibson Recovery Center Gibson Recovery Center R-4 (Medium Density Multi-family Residential) C-1 ( General Commercial) CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner cJ!.S MEETING DATE: May 11, 2022 COMMUNITY DEVELOPMENT SUBJECT: Rezoning Request for Property at 1112 Linden Street A rezoning application has been submitted for the property at 1112 Linden Street. The applicant is requesting that the property be rezoned from R-4 (Medium Density Multifamily Residential District) to C-1 (General Commercial District). The immediately surrounding properties are zoned R-4 (Medium Density Multifamily Residential District) to the northeast, east, and south; C-1 (General Commercial District) to the west; and PD (Planned Development District) to the northwest and north. This area is characterized by multifamily residential and commercial uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Local Commercial. In considering a rezoning request, 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 contains a residential treatment facility. The applicant has plans to construct an office building behind the facility. An office building is not permitted in the R-4 district. The applicant is requesting rezoning to C-1 because it permits an office building and because the adjacent property to the west is zoned C-1. Furthermore, C-1 is one of the zoning equivalents of the Local Commercial future land use category in the Cape Vision 2040 comprehensive plan. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Based on the above findings, staff recommends approval of the rezoning request. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Rezoning Request -1112 Linden Street Requested Rezoning from R-4 (Medium Density Multi-family Residential) to C-1 (General Commercial) t;;;~:~::~ Future Land Use Recommendation: Local Commercial 125612561256 • 12M • )Z~212 1.2601260 -1~60 126;1260 1264 -1~64 12521251 126;1264 126!r1268 :1268 12401240124 •1244 • 124cf ,1121 1~36 2~e1235 1228 ?2,8, ,1228 81228 CITV ojcAPE GIRARDEAU Created By: Carol Peters Planning Services Division April 11, 2022 105 210 123'2 1232° •123 ,'1232 ,1112 ,1111 ,1145 1135 1135 ' '11'35 • • 1!25 1125 1!0 "1135 1135' 1125 • ·1125 1151 • 125 1151 • • '11'5't ,1151 '1151 ,1!53 1153 11'53 • •1153 •1153 ,1020 ,835 10P~10P~109210921092 10~1092 • 1osz .1o~q10~61016101s .1094 107610161076 1072 91 10881088 1080 :,01 f098 • • 1080 · ·1o9& 1088108810ao • 1098 • :1080 Legend c:J Area to be rezoned CJ Parcels Zoning District C]c1 LJ PD LJR4 Rezoning Request -1112 Linden Street Requested Rezoning from R-4 (Medium Density Multi-family Residential) C-1 (General Commercial) Future Land Use Recommendation: Local Commercial CITY OjCAPE GIRARDEAU Created By: Carol Peters Planning Services Division April 11 , 2022 210 c::J Area to be rezoned c::J Parcels 2040 FLU Recommendation Local Commercial Parks , Recreation , Open Space Institutional D High Density Residential REZONING/ SJECIAL USE PERMIT APPLICATION CITY OJ CAPE GIRARDEAU COMMUNITY DEVELOPMENT, 44 N LORIMIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Property Address/Location Gibson Recovery Center 1112 Linden Street, Cape Girardeau Missouri 63701 Applicant Property Owner of Record (if other than Applicant) Gibson Recovery Center Same as Applicant Mailing Address City, State, Zip Mailing Address City, State, Zip 340 S. Broadview #7707 Cape Girardeau MO 63701 Telephone I Email Telephone I Email 5 73-334-5513 garyj@gibsonrecovery.org Contact Person {If Applicant is a Business or Organization) (Attach additional owners information, if necessary) John Gary or Ryan Essex (essexr@gibsonrecovery.org) Type of Request C::I Rezoning Special Use Permit Both Existing Zoning District Proposed Zoning District (Rezoning requests only) R-4 C-1 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. The proposed use of Project 1 is an addition to the existing facility as a short term rehab unit, where clients are held for a short time before being sent to another facitliy. The proposed use of Project 2 shall be an approximately 12,500 SF freestanding building on the property for the use of Business and Day programs. This will bring all their satelite offices from around the city of Cape Girardeau to one location. Application continues on next page OFFICE USE ONLY Date Received & By _b~4_,__,_/_o---+i/_J._2-__ ( I File# Application Fee Received $ ____ _ 0 Check# ___ _ MUNIS Application# Credit Card Cash MUNIS Permit# ____ _ Planning & Zoning Commission Recommendation _____ Date_____ City Council Final Action _____ Date ____ _ Revised 12/21/2021 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1} The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS REQUIRED In addition to this completed application form, the following items must be submitted: See Instructions for more information. CERTIFICATIONS Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned Development rezonings) List of adjacent property owners (see Instructions for requirements) .!L One (1) set of mailing envelopes, stamped and addressed to adjacent property owners _ One (1) full size copy of a plat or survey of the property1 if available _ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was granted does no~~co,mmence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They ackno. wledge tpat they are res nsible for ensuring that all required licenses and permits are obtained prior to commencing any us~,or work on the operty. ' ,4 {Mhv // I Of 11-/) ].2- Property Ow, r of Record Sig (Provide additional owners si Date 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, d th the P. P. rty Owner(s) of Record hereby agree to the above certifications. q/4//P-~i< Date Revised 12/21/2021 • lf.,11' =·~=••=====~========-=:-"":"":""'=::==="':':'::'""":"""'"""'::-'::"'"'"":"===-='"""'"""""""'-=ff 11' Printed and for Sole by the Croltsmon Printing and Office Supply Co., Cope Girardeau, Mo, <!9entral · Warrantp 1!\eeb BJO:-: 50H 88 ( Corporation) U0892B This Deed, Made and entered into this 6th day of October nineteen hundred and Eighty-Nine , by and between SOCiETY FOR THE PROPAGATION OF THE FAITH, SPRINGFIELD-CAPE GIRARDEAU DIOCESE, a Missouri not-for-profit corporation a corporation, organized and existing under the laws of the State of Missouri with its principal office in the County of Scott State of Missouri party of the tirst part, and SOUTHEAST MISSOURI HALFWAY HOUSE, INC .• a Missouri not-for-profit Corporation 43 S. Lorimier Street, Cape Girardeau, Missouri 63701 of the County · of Cape Girardeau State of Missouri part y of the second part • . WitMssetl1, that the said party of the first part, for and in consideration of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATIONS paid by the said party of the second part, the receipt of which is hereby acknowledged, does by these presents Grant; Bargain and Sell, Convey and Connrm unto the said part Y of the second part, the following described Real Estate,_ situated in the State of Missouri, to-wit: County of Cape G1 rardeau , and As per ExMbit 11 A" attached_ hereto and made a part hereof. To Have anti to Bold the same, together with all rights and appurtenances to the same belonging, unto the said part Y of the second part, and to .. its successors ~d assigns forever. The said party; of the first part hereby covenanting that it and its successors, shall and will Warrant and Defend the title to the premises unto the said part y · of the second part, and to its successors 'tieMI and assigns forever against the lawful claims of all persons whomsoever, excepting, however, the general taxes for the calendar year 19 89 and thereafter, and the special taxes becoming a lien after the date of this deed. • BOOK 509 PAGE 80 EXHIBIT •A• A PART Of OUTLOT NO. 62 1 UNJTED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FlnH PRINCIPAL ICRIDIAN, CITY AND COUNTY OF CAPE GlRAROEAU, STATE OF MISSOURI, BEIN8 MORE PARTICULARLY DESCRIBED AS FOLLOWS: · .· Beginning at a point on the north line of Outlot go. 52, from which the . northeast corner of said Outlot No. 52-bears S 81 31' 50" E, 621.80 feet, said point also being the northwest corMr of a tract of land recorded 1n ·. the 1 and records of the County Recorders Off1 ce 1 n Book No. 328 at Page No. 560; Thence s oa0 34' 17" w, 594.86 feet along the west 11ne of .said tract . to the southwest corner of said tract; r~ence s011° i1• 41" E, 110.56 feet along the south 11ne of said tract; Thence S 08 01• 02• M• 245.40 feet to . the north right-of .way line of Linden Street; Thence N 81 23 1 45" w,0 310.00 feet along· said north right of· IIY line of. Linden Street;. Thence N 08 34' · l7 11 E, 573.41 feet; Thence N 81 31' so• Ii. 289.05 feet ·to the centerline of Storm Water Channel S.D. No.0 5; Thence along _said centerline the go11ow1ng courses. and distances: N 48 57' · 54• E, 234.40 feet, Thence g 33 . 58'. 31" ·· E, 97. 71 feet to the: north line of Outlot No. 52; Thence s 81 31' 50" E, . 292.30 feet along said north line to the point of beginning· containing·5.s4· acres more or le$s and subJect to· an, eas1Mnts, o" record· • . ' . -· I•• I ,l ' • .. . . --..... BOOK 509 !'~G~ 90 Stat.1 of ./Jlissourl, of t ss. On this /'f,,/t day of ;f/~ , 1~~. before me appeared John J. Leibrecht to me personally known, who, being by me duly sworn, did say that he is the President of Society for the Propagation of the Faith, Springfield-Cape Girardeau Diocese a Corporation of the State of Missouri , and that the seal affixed to the foregoing instru- ment is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors; and said John J, Lei brecht acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the and State aforesaid, the day and year first above written. 'l'HOTOGRAPHtO : •ii t 13BJ STATE OF MISSOURI ) County of Cape Girardeau,'..L~s .... I hereby certify that , this'.._ instrument was ~ILED FOR Rllt:;.Olfu at.· the date and time sh~A.. her~o.rt and is in Book. ,SCJ',,:f. .: . . _ e{ '. . . . .ANET R'e~order of .peed.s· . ' By .................... ; ........ . Deputy Arnee-Boettcher -Architect 490 State Hwy F Jackson, Missouri 573.450.7733 ( cell/text) ameeboettcher@gmail.com April 1, 2022 Re: Gibson Addition and Future Business Center (Re-Zoning Application) Gibson Recovery Center's Neighbors: East MO action Agency Facility Cape Girardeau County Public Health Cape Heritage Manor Apartments LLC I lolde11 Law Office (1224 Linden St.) St. Francis Foundation Real Estate LLC Justin Davison (West End Blvd.) RCH Development Inc. Robert C. Hartle (Walnut Street) Liberty Apartments of Cape LLC Melissa Stickel (1109 Walnut St.) Parkview State School (State of Missouri) -p. 0 . Esax 30 i' pad-<. H-{ 1{5 f\;\ L) (a 3 to D \ 1111 Li11de11 St., Cape 6i1a1deau MO 63703 1121 Linden St., Cape Girardeau MO 63703 (I/ fl,~IV\ St---PD fj~ (/3 C,/<i,rk.f-Dvt Mo (o~.331 718 'lo'. Busi11ess llwy 60, Dexte1 MO 6384:t' 211 Saint Francis Dr., Cape Girardeau MO 63703 2201 Walton Dr. Suite A, Jackson MO 63755 937 Broadway, Suite 306, Cape Girardeau 63701 1020 S. Parkway St., Cape Girardeau 63703 Planning & Zoning Commission APPLICATION FOR: ADDRESS OF PROPERTY: PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: REZONING LaSalle Avenue (Baldwin Farms Subdivision) Meyr Properties, LP Koehler Engineering & Land Surveying C-2 (Highway Commercial) R-1 (Single-family Suburban Residential) CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner {J-S MEETING DATE: May 11, 2022 COMMUNITY DEVELOPMENT SUBJECT: Rezoning Request for Property on LaSalle Avenue (Future Baldwin Farms Subdivision) A rezoning application has been submitted for property on the south side of LaSalle Avenue, west of and adjacent to Baldwin Place. The applicant is requesting that the property be rezoned from C-2 (Highway Commercial District) to R-1 (Single-Family Suburban Residential District). The immediately surrounding properties are zoned C-2 (Highway Commercial District) on all sides except the east, which is zoned R-3 (High Density Single-Family Residential District). 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. In considering a rezoning request, 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 single-family residential subdivision (Baldwin Farms). The LaSalle Avenue/Baldwin Drive area contains a mix of residential development types (including single-family detached dwellings, duplexes, and townhouses). Although the Cape Vision 2040 comprehensive plan recommends medium density residential development (such as duplexes) for this property, the character of the area allows for flexibility in adjusting the density level and type of residential development. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Based on the above findings, staff recommends approval of the rezoning request. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org Rezoning Request -Baldwin Farms Subdivision Requested Rezoning from C-2 (Highway Commercial) to R-1 (Single-family Suburban Residential) Future Land Use Recommendation: Medium Density Residential rt ; CITY OjCAPE ' GIRARDEAU 1 "Tu1.;,_-_ _;;r:F'!!.r-'f!:.-r-,::.>+~-'!!.-=~· r--- 1 9 1 9 Legend c::J Area to be Re zo ned D Parcels Created By: Carol Peters 1-------------~-J Planning Services Division I Zoning District C2 LJR1 LJR3 LJRUMD April 22, 2022 170 340 680 Fee Rezoning Request -Baldwin Farms Subdivision Requested Rezoning from C-2 (Highway Commercial) to R-1 (Single-family Suburban Residential) Future Land Use Recommendation: Medium Density Residential ~ ·"' ( ,! CITY of CAPE Legend ' GIRARDEAU Created By: Carol Peters Planning Services Division April 22, 2022 340 680 Fee c::J Area to be Rezoned LJ Parcels FLU Recommendation Medium Density Residentia l Low Dens ity Residentia l REZONING/ SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT, 44 N LORIMIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Property Address/Location LaSalle Ave/Co Rd 618 Applicant Property Owner of Record (if other than Applicant) Koehler Engineering and Land Surveying, Inc Meyr Properties LP Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Ln. Cape Girardeau MO 63701 966 Co Rd 618 Jackson Mo 63755 Telephone I Email Telephone I Email 335-3026 arichbourgh@koehlerengineerin E 225-9901 Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Alex Richbourgh Type of Request C:1 Rezoning D Special Use Permit 0 Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C2 R1 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. Single family residential community. Application continues on next page OFFICE USE ONLY Date Received & By __ 4_~~(~_-_2.~~~--File# \ 4 7 MUNIS Application# f 51 MUNIS Permit# ____ _ Application Fee Received$ l]f; -Check# '1 l 3q'7 D Credit Card Cash Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 12/21/2021 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS REQUIRED In addition to this completed application form, the following items must be submitted: See Instructions for more information. CERTIFICATIONS ..!!._ Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned Development rezonings) ..!!._ List of adjacent property owners (see Instructions for requirements) ..!!_ One (1) set of mailing envelopes, stamped and addressed to adjacent property owners __!(_ One (1) full size copy of a plat or survey of the property, if available ..::!._ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable} The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf, and that the Property Owner(s) of Record hereby agree to the above certifications. App~J:::.~nted Name o,2 4 / I l{ Js:,2 -,__ Revised 12/21/2021 BEGIN AT A FOUND HALF INCH IRON ROD AT THE NORTHWEST CORNER OF LOT 4 OF RESUBDIVISION OF LOTS 1-8 OF BALDWIN PLACE PHASE I, A SUBDIVISION ON FILE IN THE LAND RECORDS OF THE CITY AND COUNTY OF CAPE GIRARDEAU, DOCUMENT NUMBER 2014-09040; THENCE SOUTH 08°17'01" WEST, 305.49 FEET ALONG THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH 84°57'40" EAST, 20.03 FEET TO A POINT IN THE NORTHWEST CORNER OF BALDWIN PLACE PHASE I, A SUBDIVISION ON FILE IN THE LAND RECORDS OF THE CITY AND COUNTY OF CAPE GIRARDEAU, DOCUMENT NUMBER 2011-05418; THENCE SOUTH 08°17'01" EAST, 377.24 FEET ALONG THE WEST LINE OF SAID SUBDIVISION; THENCE LEAVING SAID WEST LINE, SOUTH 89°02'59" WEST, 129.45 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 725.00 FEET AND A LENGTH OF 85.05 FEET, ITS CHORD BEARING SOUTH 04°18'39" EAST, 85.00 FEET; THENCE SOUTH 81°43'30" WEST, 50.00 FEET; THENCE SOUTH 82°17'22" WEST, 130.63 FEET; THENCE NORTH 85°55'27 WEST, 335.41 FEET; THENCE NORTH 05°04'48" EAST, 47.49 FEET; THENCE SOUTH 77°28'01" WEST, 104.06 FEET; THENCE NORTH 00°46'03" EAST, 603.97 FEET; THENCE NORTH 20°19'54" EAST, 117.48 FEET; THENCE NORTH 33°39'48" EAST, 185.88 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 350.00 FEET AND A LENGTH OF 174.86 FEET, ITS CHORD BEARING NORTH 19°21'04" EAST, 173.04 FEET; THENCE NORTH 05°02'20" EAST, 62.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF LASALLE AVENUE; THENCE SOUTH 84°57'40" EAST, 663.35 FEET ALONG SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 08°17'01" WEST, 300.48 FEET TO A POINT ON THE NORTH LINE OF RESUBDIVISION OF LOTS 1-8 OF BALDWIN PLACE PHASE I; THENCE WITH THE NORTH LINE OF SAID SUBDIVISION, NORTH 84°57'40" WEST, 20 .03 FEET TO THE POINT OF BEGINNING, CONTAINING 18.35 ACRES, MORE OR LESS. Meyr Properties Adjacent Property Owners Owner NATIONS ENTERPRISES LLC DREAM HOME RENTAL LLC TERRY BOZZAY AND KAREN THOMPSON HARRIET DRUSCH TRUST SEBY FAMILY TRUST PAUL AND WYLMA EBAUGH ROBERT AND FRANCES ERLBACHER LASALLE LAND TRUST CITY OF CAPE GIRARDEAU CITY OF CAPE GIRARDEAU Mailing Address 210 N QUARTERBACK RIDGE, JACKSON MO 63755 2256 CO RD 638, CAPE GIRARDEAU MO 63701 1548 OAK LEI DR.CAPE GIRARDEAU MO 63701 1029 CATHY DR. JACKSON MO 63755 145 SUMMERFIELD WAY DUP CAPE GIRARDEAU MO 63701 134 E AUTUMN LEAF DR DUP CAPE GIRARDEAU MO 63701 182 RED SOX LN CAPE GIRARDEAU MO 63701 210 KlNGSBOROUGH CT JACKSON MO 63755 Property Address BALDWlNDR 136 WINTERFIELD CIR DUP.CAPE GIRARDEAU MO 135 WINTERFIELD CIR DUP CAPE GIRARDEAU MO 144 SUMMERFIELD WAY DUP CAPE GIRARDEAU MO 143 SUMMERFIELD WAY DUP CAPE GIRARDEAU MO 132 E AUTUMN LEAF DR DUP CAPE GIRARDEAU MO LASALLE A VE CAPE GIRARDEAU MO LASALLE A VE CAPE GIRARDEAU MO 3783 BUSINESS PARK PL CAPE GIRARDEAU MO LEWIS AND CLARK PKWY CAPE GIRARDEAU MO Planning & Zoning Commission APPLICATION FOR: ADDRESS OF PROPERTY: PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: REQUESTED SPECIAL USE: REZONING & SPECIAL USE PERMIT 1520 North Mt. Auburn Road Midamerica Hotels Corporation City of Cape Girardeau Ryan Shrimplin R-1 (Single-family Suburban Residential) C-2 (Highway Commercial) Billboard in C-2 (Highway Commercial) zoning district CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner ~ MEETING DATE: May 11, 2022 COMMUNITY DEVELOPMENT SUBJECT: Rezoning Request for Property at 1520 North Mount Auburn Road A rezoning application has been submitted for the property at 1520 North Mount Auburn Road. The applicant is requesting that the property be rezoned from R-1 (Single-Family Suburban Residential District) to C-2 (Highway Commercial District). The immediately surrounding properties are zoned C-2 (Highway Commercial District) on all sides except the south, which is zoned R-1 (Single-Family Suburban Residential District). This area is characterized by commercial and recreational uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Parks, Recreation, Open Space. In considering a rezoning request, 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 contains a billboard that was constructed several years ago. At the time the billboard was constructed, the property was zoned commercial. It was rezoned to R-1 in 2010 when the City adopted a new zoning ordinance and zoning map. It is not clear why the property was rezoned to R-1 given the existing billboard. Staff researched City records and did not find any documentation explaining the reason for rezoning the property to R-1. The billboard owner has requested that the City rezone the property back to commercial. The property is surrounded by C-2 zoning on three sides and is separated from the other R-1 zoned property (Osage Park) by the Cape LaCroix Creek. It is located at a busy intersection (North Mount Auburn Road and North Kingshighway) and is part of the Kingshighway commercial corridor. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Based on the above findings, staff recommends approval of the rezoning request. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner tf$ MEETING DATE: May 11, 2022 COMMUNITY DEVELOPMENT SUBJECT: Special Use Permit Request for Property at 1520 North Mount Auburn Road An application has been submitted for a special use permit for an existing billboard on the property at 1520 North Mount Auburn Road. The application also requests rezoning the property from R-1 (Single-Family Suburban Residential District) to C-2 (Highway Commercial District). The rezoning request is addressed in a separate staff report. Currently, the billboard is a nonconforming use because billboards are not permitted in the R-1 district. Billboards are permitted in the C-2 district with a special use permit. For this reason, approval of the special use permit request is contingent upon approval of the rezoning request. Refer to the application attachments for information on the billboard. 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 30-104. In order for a special use permit to be granted, 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 according to the criteria and made the following findings: Criterion #1 : The proposed special use will not substantially increase traffic hazards or congestion. Finding: The existing billboard does not generate any traffic to the property except for maintenance, repairs, upgrades, etc. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The existing billboard was constructed in accordance with City codes in effect at that time. It does not pose a fire hazard. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT Finding: The existing billboard is located at a major intersection in a commercial corridor. There are no residences nearby. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The existing billboard is located in an area designated for billboards by the City. It does not create an adverse effect. Criterion #5: The proposed special use will not overtax public utilities. Finding: The existing billboard's electrical demand does not overtax the supply system. It does not use any other public utilities. The billboard pre-dates the current billboard regulations in the Development Code (Chapter 25 of the City's Code of Ordinances). Certain characteristics of the billboard do not meet the current standards. Staff recommends granting exceptions as a part of the special use permit, should it be approved, in order to eliminate the nonconforming characteristics. The exceptions are noted below. Based on the above findings, staff recommends approval of the special use permit request, subject to the following conditions: 1. The special use authorized by this permit shall meet all applicable requirements of the Zoning and Development Codes except as noted below. 2. The following exceptions are hereby granted as a part of this permit: a. An exception to allow the existing billboard to be within 1,400 feet of another billboard; b. An exception to allow the existing billboard to be within 30 feet of a street right-of-way; c. An exception to allow the existing billboard to exceed the maximum sign face area of 150 square feet across the rear of the "V"; and d. An exception to allow the existing billboard to exceed the maximum total sign face area of 600 square feet. 3. Major modifications to said special use (including, but not limited to, the site plan) shall require the approval of the City Council. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 4. This permit is not transferable without the approval of the City Council. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Rezoning & Special Use Permit Request -1520 North Mt. A uburn Roa d uested Rezoning from R-1 (Single-family Suburban Resid C-2 (Highway Commercial) equested Special Use Permit for a billboard in the C-2 (Highway Co _1745 .1747 .2~06 2906 02906 2906 • 02906 6906 .2906 .2906 I N . W E .2880 1'7 07 1707 .17 07 .1 707 .1 '707 1435 * ' • .14351435 1435 : . ' CITY of CAPE G I RARDEAU Created By: Carol Peters 75 Planning Services Division May 2, 2022 150 300 Fee 9 endation: Parks, Recre · .1701 .1505 Legend CJ Area to be rezoned LJ Parcels Zoning District C]c1 C]c2 LJR1 LJR4 Rezoning & Special Use Permit Request -1520 North Mt. Auburn Road .2f06 2906 "2906 2906 • "2906 2,906 .2906 .2906 ested Rezoning from R-1 (Single-family Suburban R C-2 (Highway Commercial) pecial Use Permit for a billboard in the C-2 (Highway .1707 ;t707 1707 .1707 .1707 .1'707 i I 2880; • ! I 435 • .14351435 1435 : CITY OjCAPE GIRARDEAU endation: Parks, Recre · Legend c:::J Area to be rezoned D Parcels 2040 FLU Recommendation D High Density Residential D Institutional Created By: Carol Peters D Local Commercial 75 Planning Services Division May 2, 2022 150 300 Fee Parks , Recreation, Open Space D Regional Commercial D Suburban Mixed Use REZONING/ SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT, 44 N LORIMIER ST, CAPE GIRARDEAU , MO 63701 (573) 339-6327 Property Address/Location 1520 North Mount Auburn Road Applicant Property Owner of Record (if other than Applicant) City of Cape Girardeau Midamerica Hotels Corporation Mailing Address City, State, Zip Mailing Address City, State, Zip 44 N. Lorimier St. Cape Girardeau, MO 63701 105 S. Mount Auburn Rd . Cape Girardeau, MO 63703 Telephone Telephone 573-339-6327 I Email cityplanning@cityofcape .org 573-334-0546 I Email diane_drury@midamcorp.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Ryan Shrimplin Type of Request Rezoning Special Use Permit [:) Both Existing Zoning District Proposed Zoning District (Rezoning requests only) R-1 C-2 Legal description of property to be rezoned and/or upon which the special use is to be conducted See attachment Describe the proposed use of the property. There is an existing billboard on the property, which is a nonconforming use due to the R-1 zoning and lack of a special use permit. The billboard is proposed to remain. No other uses are proposed at this time . Application continues on next page OFFICE USE ONLY Date Received & By ________ _ File# 143b MUNISApplication# /Jf5£ MUNIS Permit# ____ _ Application Fee Received $_____ Check# ___ _ Credit Card Cash Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 12/21/2021 --t Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. The existing billboard does not generate any traffic to the property except for maintenance, repairs, upgrades, etc. 2} The proposed special use will not substantially increase fire hazards. The existing billboard was constructed in accordance with City codes in effect at that time. It does not pose a fire hazard . 3} The proposed special use will not adversely affect the character of the neighborhood. The existing billboard is located at a major intersection in a commercial corridor. There are no residences nearby . 4) The proposed special use will not adversely affect the general welfare of the community. The existing billboard is located in an area designated for billboards by the City . It does not create an adverse effect. 5) The proposed special use will not overtax public utilities. The existing billboard's electrical demand does not overtax the supply system. It does not use any other public utilities . ADDITIONAL ITEMS REQUIRED See Instructions for more information . CERTIFICATIONS In addition to this completed application form, the following items must be submitted: _ Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned Development rezonings) List of adjacent property owners (see Instructions for requirements) One (1) set of mailing envelopes, stamped and addressed to adjacent property owners _ One (1) full size copy of a plat or survey of the property, if available _ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc . (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) 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, wil.I become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf, and that the Property Owner(s) of Record hereby agree to the above certifications. Revised 12/21/2021 BOOK 487 P!tf,E 72 ,1 QUIT CLAIM DEED THIS INDENTURE, Made on the :u/} day of 1988, by and between SEVENTEEN-O-SEVEN OFFICE CENTRE, LTD., a Missouri corporation, of the County of Cape Girardeau and state of Missouri, party of the First Part, and Midamerica Hotels Corporation, a Missouri Corporation of the County of Cape Girardeau and State of Missouri, parties of the Second Part: Mail.ing Address: P.O. Box 1570 1 Cape Girardeau, Missouri 63702-1570, WITNESSETH, that the said party of the First Part in consideration of the sum of Ten Dollars and other good and valuabl.e consideration to it paid by the said parties of the Second Part, the receipt of which is hereby acknowledged, does by these presents, Remise, Release, and forever Quit-Cl.aim unto the said parties of the Second Part, the following described Lots, Tracts, or •Parcels of land, lying, being and situate in the County of and state of Missouri, to-wit: A part of the East Hal.f of the Northwest Quarter and a part of the Southwest Quarter of the Northeast Qt~arter of Fractional Section 26, Township 31 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as foll.ows: Beginning at the Northeast corner of a tract of l.and described in Book 112, page 195 of the ·County Land Records, said point being on the Southerly right-of-way line of u. s. Route 61; thence N. 54 deg. 01' 12" W. 80.25 feet along said right-of-way line to the east right-of-way line of Mount Auburn Road; thence along said East line the following courses and distances: thence S. 21 deg. 44' 47 11 w. 11.21 feet; thence S. 24 deg. 46' 24" w. 53.65 feet; thence s. 10 deg. 33' 18" W. 41..79 feet; thence s. 06 deg. 23' 01" W. 31.29 feet; thence s. 12 deg. 33' 04" w. 36.85 feet; thence leaving said right-of-way, N. 42 deg. 40' 00 11 E. 163.36 feet to the point of beginning, containing 0.17 acres. TO HAVE AND TO HOLD the same with al.l the rights, immunities, privileges and appurtenances thereto bel.onging, unto the said parties of the Second Part and their heirs and assigns, FOREVER, so that neither the said party of the First Part nor its suc_cessors or assigns, or any other person or persons for it or in its name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof, but they and every one of them, shall, by these presents, be excluded and forever barred. IN WITNESS WHEREOF, the said party of the First Part has hereunto set its hand the day and year first above written. i/. --~~-/4.87 711; BOOK '± ?AGE i..,u ATTEST: SEVENTEEN-0-SEVEN OFFICE CENTRE, LTD. By: ?J~Ll(~ Howard Kinder, Presient SSOURI ) OF CAPE GIRARDEAU ) ss On this ;}t:,~ day of l-, , 198-S, before me personally appeared Howard Kinder, ~o me known, wh.obeing by me first duly sworn did say that ·he is President of Seventeen-O-Seven Office Centre; Ltd. a corporation of the State of Missouri, and the seal affixed to the foregoing instrument is the corporate seal of said corporation, and said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Howard Kinder acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county and state· the day and year first above written. file~f~Thecorcl 1h.uh 3 o ,sss Jan~t Robert. Recorder Cape Girardeau County J ck.son, Mo. Deputy Northbound Face 12' X 24' Eastbound Face 12' X 24' Si2n #61-20 ~> -AMERICAN FAMILY -~ Ni i--J 11·1·1 NICK RAPISARDO , AGENT (573) 334-9597 Southbound Face --12' X 12' Westbound Face 12' X 24' 1520 North Mt Auburn Road Cape Girardeau, MO Property Owner Name Property Address Mailing Address City State Zip Code MRV Banks 1505 North Mount Auburn Road 1505 North Mount Auburn Road Cape Girardeau MO 63701 I McDonald's Cape Girardeau I 1701 North Kingshighway 1429 N. Broadview Street I cape Girardeau IMO 163701 I saint Francis Healthcare System I 1702 North Kingshighway I 211 Saint Francis Drive !cape Girardeau IMo 163703 Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Record Plat Baldwin Farms Subdivision LaSalle A venue Meyr Properties, LP Meyr Prop erties, LP Koehler Engineering & Land Surveying CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner MEETING DATE: May 11, 2022 SUBJECT: Baldwin Farms Subdivision Record Plat COMMUNITY DEVELOPMENT A record plat has been submitted for Baldwin Farms Subdivision, located on the south side of LaSalle Avenue, west of Baldwin Drive, and zoned C-2 (Highway Commercial). An application has been submitted to rezone the property to R-1 (Single-Family Suburban Residential). The plat creates 42 single-family residential lots and dedicates right-of-way for four public streets (Baldwin Farms Drive, Brahma Drive, Summerfield Way, and a stub street yet to be named). The attached staff review letter was sent to the applicant. At the time of this report, a corrected plat has not been received. Based on the above findings, staff recommends approval of the record plat, subject to staff's comments being successfully addressed. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU May 3, 2022 VIA EMAIL ONLY: arichbourg@koehlerengineering.com Mr. Ryland Meyr Meyr Properties, L.P. 996 CO RD 618 Jackson, MO 63755 RE: Baldwin Farms Subdivision Record Plat Dear Mr. Meyr: COMMUNITY DEVELOPMENT City staff has completed its review of the above plat. During the review, the following items were found which need correction or attention: Reviewer #1 Comments -Ryan Shrimplin, City Planner (573) 339-6327; rshrimplin@cityofcape.org 1. The subject tract is currently zoned C-2, Highway Commercial District. An application has been filed to rezone the tract to R-1, Single-Family Suburban Residential District. The plat will be held from City Council review until the rezoning process is complete. 2. Record plats for subdivisions involving new public improvements will be held from City Council review until the improvements are completed (including all inspections passed, all fees paid, and as-built plans approved) and/or covered under a performance guarantee agreement. 3. The plat shows one or more dead-end streets exceeding 150 feet in length. A turnaround, cul- de-sac, or hammerhead meeting the City's standard specifications and drawings is required to be constructed at the end of each such street in accordance with Section 24-339(8). For each such turnaround, cul-de-sac, or hammerhead, a permanent access easement is required. A legal description and exhibit for each easement must be submitted in order for the City to prepare the easement instrument. The plat will be held from City Council review until the easement instrument is executed. 4. The plat shows the name of the owner as Meyr Properties, L.P. in some places and Meyr Properties, LP (no periods) in other places. The legal name registered with the Missouri Secretary of State is Meyr Properties, L.P. 5. The Baldwin Place lots are missing lot number labels. 6. An existing sanitary sewer easement is missing. Refer to Document Number 2011-04681. Add a unique symbol for EXISTING EASEMENT LINE to the legend and show the easement in the exhibit along with labels. Where an existing easement line is coincident with a new easement line, the latter symbol should take precedence, and the labeling should reflect both the existing and new easement information. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 7. A 10 foot utility easement is required along all rear lot lines (except for the Exception Note to be added; see comment #15 for more information). This easement is missing from the lots between Baldwin Farms Drive and Brahma Drive . 8. Several lots show a setback within a utility easement. In each case , adjust the setback to align with the easement and add a label (such as "SETBACK ADJUSTED TO ALIGN WITH EASEMENT"). 9. On corner lots, the rear yard is opposite the shorter street frontage. Therefore, the rear setback on Lot 1 is the setback along the south lot line, which is shown as a 6 foot side setback. Label it as a 6 foot rear setback , and label the setback along the west lot line as a 25 foot side setback. 10 . On Lot 7, label the setback along the south lot line as a 6 foot rear setback, and label the setback along the west lot line as a 25 foot side setback . 11 . On Lot 24, label the setback along the south lot line as "REAR SETBACK: ADJUSTED TO ALIGN WITH EASEMENT' and label the setback along the east lot line as a 25 foot side setback. 12 . On Lot 31, the drainage easement appears to merge into the utility easement. Extend the easement lines of the drainage easement all the way to the right-of-way line in the manner shown on Lots 21 and 22. 13 . On all standard setback labels, add "(TYP .)" at the end of the label. 14 . In the Subdivision Notes section, under Zoning Regulations, add "{UNLESS OTHERWISE NOTED)" after "SETBACKS". 15 . Add the following notes to the Subdivision Notes section: VARIANCE NOTE A VARIANCE IS SHOWN FOR A REDUCED REAR YARD SETBACK ON LO TS 1, 7, AND 24. EXCEPTION! NOTE AN EXCEP ION IS SHOWN FOR THE OMI ISSi ON OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE REAR LOT LINES OF LOTS 1 AND 1. DRIVEWAY ACCESS NOTE DRIVEWAY ACCESS TO LASALLE AVENUE SHALL BE PRO HI BITED FOR All LOTS IN THE SUBDIVIS ION. STORMWATER MANAGEMENT NIOTE 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT THE OWNER OF EACH LOT WITH IN THE SUBmVI SION IS JOINTLY AND SEV ERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL COMPONENTS OF THE STORMW ATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBUC RIGHT OF WAY OR PUBUC DRAINA GE EASEMENT AS REQUIRED BY CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI. THIS PROVISION HEREBY CONSTITUTES A DEED RESTRICTION IN SATISFACTION OF CHAPTER 25 OF SAID CODE OF ORDINANCES . SAID DEED RESTRICTION IS PERPETUAL AND SHALL RUN WITH THE LAND . 16 . In the Subdivision Dedication section, revise the first sentence of the third paragraph to read as follows: DO HEREBY SUBDIVIDE SAID TRACT INTO LOTS AND STREETS AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "BALDWIN FARMS SUBDIVISION". 17. In the Subdivision Dedication section, the last sentence of the third paragraph contains a blank line for the Document Number of the private covenants and restrictions instrument. Because of this reference to the Document Number, the executed, unrecorded private covenants and restrictions instrument will need to be submitted to the City so it can be recorded with the record plat. Staff will obtain the Document Numbers for the covenants and the plat and write the corresponding number on each before the Recorder of Deeds Office scans them. Alternatively, the Document Number could be removed, in which case the sentence would end with "IN THE LAND RECORDS OF SAID COUNTY." Reviewer #2 Comments -Teresa Heifner, GIS Coordinator (573) 339-6327; theifner@cityofcape.org 18. Please contact Teresa to discuss issues with the legal description not closing and issues with the right-of-way polygon . 19. The Point of Beginning label references the wrong subdivision name and Document Number. Refer to the legal description for the correct subdivision name and Document Number. 20 . In the legal description, the call "SOUTH 08°17'01" EAST, 377.24 FEET" has an incorrect direction. It should be "SOUTH 08°17'01" WEST, 377 .24 FEET". 21. On Lots 27 and 28, the east-west portion of the new drainage easement is missing both lengths from the rear lot line to the corner of the easement. 22. The stub street between Lots 6 and 7 is missing a name and right-of-way width . 23. On Lot 13, L3 is missing crow's feet. 24 . For clarity, it is recommended that L5 and its crow's feet be moved to the west side of the Baldwin Farms Drive centerline, with L6 and L7 and their crow's feet moved to the east side of the centerline. 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUN,ITY DEVELOPMENT Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape.org by May 9, 2022. Once the PDF file is received, City staff will review it to make sure all of the corrections have been made. If the PDF file is not received by May 9, 2022, then the Planning and Zoning Commission may postpone taking action on the plat or recommend approval, subject to staff's comments being successfully addressed . All staff comments must be successfully addressed prior to review of the plat by the City Council. Should you have any questions or wish to discuss any of the comments, please contact the appropriate reviewer. Sincerely, Ryan Shrimplin, AICP City Planner CC: Chris Koehler, Koehler Engineering & Land Surveying (ckoehler@koehlerengineering .com ) Carrie Bumpus, Koehler Engineering & Land Surveying (cbumpus@koehlerengineering.com ) 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org Baldwin Farms Subdivision , CITYOjCAPE G I RARDEAU Community Development Dep arol Peters . 22 340 Feet Legend -Baldwin Farms Subdivision C==1 Parcels SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT , 44 N LORIMIER ST , CAPE GIRARDEAU , MO 63 701 (573) 339-6327 Name of Subdivision Ba ldwin Farms ~eof Plat Record jD Preliminary Boundary Adjustment Applicant Property Owner of Record (if other than Applicant) Meyr Properties, LP Mailin~ Address 996 Co d 618 City, State, Zip Mailing Address City, State, Zip Jackson,MO 63755 Telephone I Email Telephone I Email 573-225-9901 Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Ryland Meyr Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Koehler Engineering and Land Surveying, INC Mailing Address City, State, Zip Mailing Address City, State, Zip 194 CoKer Lane Cape Girardeau, MO 63701 Telephone I Email Telephone I Email 573 335 3028 arichbourg@koehlerengineering.cc ADDITIONAL ITEMS REQUIRED In addition to this completed application form, the following items must be submitted: Review Fee (payable to City of Cape Girardeau) See Instructions for more information . CERTIFICATION Single-Family or Two-Family Resident ial: $20.00 per lot ($100.00 mi nimum) Multi-Family Residential : $20.00 per dwelling unit ($100 .00 minimum) Non-Residential : $20.00 per acre ($100.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18" X 24" $44.00 $24.00 24" X 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) .!!.__ Two (2) fu II size prints of the plat Digital file of the plat in .pdfformat (can be emailed to cityplanning@cityofcape.org ) V Completed minimum requirements checklist I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completely installed and ready for acceptance by the City and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the P. operty Owner(s) of Record and the developer of these requirements. (}_41-,, 0"\/\\/1-o2.'2.. Date OFFICE USE ONLY Date Received & By _4~,_1_3~' 2-. __ 2-__ _ File# ____ _ MUNIS Application# / ~50 l MUNIS Permit# ____ _ -Review Fee Received $ €,40 -Recording Fee Received $ lo'1 -Check# 1/395 Credit Card Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 12/21/2021 .. _ ---="""=---1---+--.!...4t00 "" MEYRPR<JlERllESLP DOCUMENT NlllBER 2007-QQB14 N05'04' 4B"E 47.49' SUBDMSION NOTES ZONING REGULATIONS R-1, SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT MINIMUM LOT AREA: 10,000 SF MINIMUM LOT WIDTH: 80 FT MAXIMUM DENSITY; 4 UNITS PER 1 ACRE FRONT: 30FT REAR: 25FT SIDE: 6FT LOT SIZES TOTAL NUMBER OF LOTS: 42LOTS LARGEST LOT AREA: SMALLEST LOT AREA: TOTAL SUBDIVISION AREA: PROPOSED DENSITY: 29,699 SF {0,68 ACRES)(LOT 42) 10,019 SF (0.23 ACRES)(LOT 26) 799,490 SF (18.35ACRES) 2,29 UNITS PER ACRE RECORD OWNERS MEYR PROPERTIES LP. DOCUMENT NUMBER2007-00814 DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: MEYR PROPERTIES LP C/0 RYLAND R MEYR 966 COUNTY ROAD 616 JACKSON, MO 63755 PLAT PREPARED BY AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE, CAPE GIRARDEAU, MO 63701 (573)335--3026 RECORD PLAT OF BALDW'"IN" FAR.lVIS SUBDIVISION" THAT PART OF US SURVEY 790, TOWNSHIP 31 NOR1H, RANGE 13 EAST, 1N THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI ---+-!fO---+ -_..!.,,<;:"""'------+-----t ~----+----::.+=---t-- LASALLE A VENUE ( RfW VARIES) LEGEND = FOUND½" IRON ROD =SET½" IRON ROD =SET%" ROD WITH ALUMINUM CAP = SUBDIVISION BOUNDARY LiNE =NEW LOT LINE = NEW EASEMENT LINE =BUILDING SETBACK LINE = EXTERNAL PROPERTY LINE =RIGHT OF WAY LINE =CENTERLINE •½' IRON RODS TO BE SET AT ALL CORNERS UNLESS INDICATED OTHERWISE. REFERENCE DOCUMENTS DOCUMENT NUMBER 2014-09040 DOCUMENT NUMBER 2014-05859 DOCUMENT NUMBER 2011-05418 DOCUMENT NUMBER 2007-00814 DOCUMENT NUMBER 2018-12615 DOCUMENT NUMBER 2016-09097 DOCUMENT NUMBER 2021-05000 DOCUMENT NUMBER 2018-06329 DOCUMENT NUMBER 2020-14697 DOCUMENT NUMBER 2014-11059 FLOODPLAIN NOTE NO PORTION OF lHE PROPERTY FALLS W'ITHIN THE SPECIAL FLOOD HAZARD AREA SUBJECT TO INUNDATION BY lHE 1% ANNUAL CHANCE FLOOD, AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031C0163E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. aJRVE f C, C2 CJ C4 C5 C8 C7 ca C9 c,o C,1 C,2 C,J c,4 C15 C16 C,7 C,8 C19 C20 C21 CURVE TA!l.E lENGlH RADIUS c-lORD DIRECTION J<.56" 22.00' N39'57'40-W J4..56' 22.00' 550"02'2D-W 32.70' 22.00' N51'29'01"E 32.63' 22.00' N4l'26'44"W 35.58' 22.00' S71'35'54"E J<.56' 22.00' s,704•orw 36.35' 22.00' N,me'oo"W JJ.33' 22.00' N48'26'24"E 26.87' 30.00' N20"37'12"W 28,B7' 30.00' S30"41'52"W J<.56' 22.00' S39'57'40"E J4..56' 22.00' S50'02'20"W 139.66' 250.00' S11'55'40"E 125.69' 22!i00' N11"55'40"W 153.62' 275.00' N11'55'40"W 111.09' 22SOO' N76i2'4rE 142.90' 275.00' N76'57'18"E 143.86' 250.00' N78'33'13"E 75.78' 725.00' N2'02'39"E .,,. 1200' N15'48'24"W 1as1' 285.00' S8J'56'22"W CHORD 1.ENGlH 31.11' 31.11' 29;71 29.72' 31.83' 31.11' 32.36' 30.23' 25.98' 25.98' 31.11' 31.11' 137.B5' 124.06' 151.63' 109.97' 141.30' 141.88' 75.75' .... ,.,.. BEGINNING N\I LDT 4 1lALD1w'IN PLACE PHASE 1 DOCUMENT NUMBER 2016-090 0 I S84'57'40"E 20.03' + ...... ,o,oo-,-. - . Ul\U1'< O,SaA~, _J_ PAUL L .It AN> Wit.MA .EAN EBAUGH DOCUIIENT NUMBER 2014-11059 L.--- UNE TABLE LINE f DIRECTIOO LEN®' L1 S5"02'20"W <0.47 l.2 S5'02'20"W <0.47 lJ N27'55'539\¥ 18.73' l4 S5'0l'20"W 6247 l5 S27'55'5J"t 91.66' l.6 S27'55'53"E 25.93' l7 S27'55'53"E 65.73' l.6 N84'57'40"W 30,21' l9 N84'57'40"W 30.93' LIO N40i9'50"W 34.92' l11 N1'23'41t. 27.93' l12 N13"48'53"E 20.72' lHIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT STANDARDS FOR PROPERTY BOUNDARY SURVEYS INlHESTATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017. NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM, DERIVED FROM THE MODOT VRS SYSTEM. CONVERGENCE AT POINT OF BEGINNING= 00'32'38.22" GRAPHIC SCALE i i T (IN"""} 1 inch ., 60 ft. SUBDMSION DEDICATION THE UNDERSIGNED, R'tLANO R. MEYR, PRESIDENT OF MEYR PROPERTIES, LP, A MISSOURI LIMITED PARlNERSHIP, OWNER OF lHAT PART OF US SUR"I/EY 790, TOWNSHIP 31 NORTH, RANGE 1.3 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STAlE OF MISSOURI, CONTAINING 799,490 SQUARE FEET (18.:55 ACRES), MORE OR LESS. BEING MORE PARllCULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND HALF INCH IRON ROD AT lHE NORlHWEST CORNER OF LOT 4 OF RESUBDIVISION OF LOTS 1-B OF BALDWIN PLACE PHASE I, A SUBDIVISION ON FllE IN THE LAND RECORDS OF THE CITY AND COUNTY OF CAPE GIRARDEAU, DOCUMENT NUMBER 2014-09040; THENCE SOUTH oa,1·01· WEST, 305.49 FEET ALONG THE WEST LINE OF SAID SUBDIVISION; THENCE SOUlH 84"57'40" EAST, 20.03 FEET TO A POINT IN 1HE NORTHWEST CORNER OF' BALDWIN PLACE PHASE I, A SUBDIVISION ON ALE IN THE LAND RECORDS OF THE CITY AND COUNTY OF CAPE GIRARDEAU, DOCUMENT NUMBER 2011-05418; THENCE SOUTH oa,1·01· EAST, 377.24 FEET ALONG THE WEST LINE OF SAID SUBDIVISION; THENCE LEAVING SAID WEST LINE. SOUTH 89"02'59" WEST, 129.45 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 725.00 FEET AND A LENGTH OF 85.05 FEET, ITS CHORD BEARING SOU1H 0418'39" EAST, 85.00 FEET; 1HENCE SOUTH 81"43'30" WEST, 50.00 FEET; THENCE SOUTH 8217'22" WEST, 130.63 FEET; THENCE NORTH 65'55'27 WEST, 335.41 FEET: THENCE NORTH 05"04'48" EAST, 47.49 FEET; lHENCE SOUTH 77"28'01" YIEST, 104.06 FEET; lHENCE NORTH 00"48'03" EAST, 603.97 FEET; lHENCE NORlH 2019'54" EAST, 117.48 FEET; THENCE NORlH EAST, 185.88 FEET; THENCE ALONG A CURVE TO lHE LEFT, HAVING A RADIUS OF 350.00 FEET AND A LENGlH OF 174.86 FEET, ITS CHORD BEARING NORTH 19"21'04" EAST, 173.04 FEET: lHENCE NORTH 05"02'20" EAST, 62.47 FEET TO A POINT ON lHE SOUlH RIGHT OF WAY LINE OF LASAU£ AVENUE; lHENCE SOUTH 84"5/40" EAST, 663.35 FEET ALONG SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE. SOUTH oa,1·01· \'fEST, 300.48 FEET TO A POINT ON lHE NORTH LINE OF RESUBDIVISION OF LOTS 1-8 OF BALDWIN PLACE PHASE I; THENCE WITH THE NORTH LINE OF SAID SUBDIVISION, NORTH YIEST, 20.03 FEET TO THE POINT OF BEGINNING, CONTAINING 16.35 ACRES, MORE OR LESS. DO HEREBY SUBDIVIDE SAID TRACT INTO LOTS AS SHOWN HEREON, WHICH IS A lRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED .. BALDWIN FARMS ... AREAS SHOYIN HEREON AS RIGHT OF WAY ARE HEREBY DEDICATED TO THE CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC PURPOSES. THE UTILITY EASEMENlS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETIJITY FOR PUBLIC PURPOSES. INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WAlER AND SEWER SYS1EMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES REI..ATED TO lHE INSTALLATION, MAINTENANCE. REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSlEMS. THE SUBDIVISION SHAU. BE SUBJECT TO PRIVATE COVENANTS AND RESlRICTIONS AS SET OUT IN A SEPARATE INSTRUMENT ON FllE IN THE LAND RECORDS Of SAID COUNTY IN DOCUMENT NUMBER _____________ _ RYLAND R. MEYR, PRESIDENT MEYR PROPERTIES, LP STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ss. ON THIS __ DAY OF =~--~-A.O. 20--o BEFORE ME, A NOTARY PUBLIC FOR SAID STATE AND COUNTY, PERSONALLY APPEARED RYLAND R. MEYR, WHO, BEING BY ME DULY SWORN, DID STATE lHAT HE IS lHE PRESIDENT OF MEYR PROPERTIES. LP., A MISSOURI LIMITED PARTNERSHIP, AND THAT HE EXECUTED lHE FOREGOING INSTRUMENT AS lHE FREE ACT AND DEED OF SAID LIMITED PARlNERSHIP. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL IN THE AFORESAID STATE AND COUNTY, 1HE DATE ARST ABOVE Yafl:ITTEN. MY COMMISSION EXPIRES ________ _ NOTARY PUBLIC I, ==-==~==-CITY CLERK Of THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT lHIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ORDINANCE NO. PASSED AND APPROVED lHIS __ DAY OF _____ A.D. 20~ CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU FlLED FOR RECORD IN lHE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN DOCUMENT NO. ___ _ AT JACKSON, MISSOURI, ON THIS __ DAY OF-= A.O. 20~ ANDREW DAVID BLATTNER RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI VICINITY MAP 194 Coker Lane Cape Girardeau, Missouri Ph: {573) 335 -3026 PLS CORPORATE LICENSE NO. 000262 ALEX RICHBOURG REV/DATE CHRIS KOEHLER APRIL 2022 APRIL 11, 2022 .38310 'f Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Record Plat Shadow Wood Villas North Hawthorne Road & Shadow Wood Lane Koehler Engineering & Land Surveying GMA Development, LLC Koehler Engineering & Land Surveying CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner {lS MEETING DATE: May 11, 2022 SUBJECT: Shadow Wood Villas North Record Plat COMMUNITY DEVELOPMENT A record plat has been submitted for Shadow Wood Villas North, located on Hawthorne Road. Shadow Wood Villas is an existing subdivision that was originally zoned PD (Planned Development District). It was recently rezoned to R-3 (High Density Single- Family Residential District). The developer wishes to split the subdivision into two sections, eliminate most of the common ground lots, and convert the streets from private to public. The north section is being replatted as Shadow Wood Villas North. Due to the change from PD to R-3, several exceptions and variances are being requested as a part of the plat. The exceptions and variances are listed in the Subdivision Notes section. Staff supports the exceptions and variances due to the unique circumstances of this subdivision. The attached staff review letter was sent to the applicant. At the time of this report, a corrected plat has not been received. Based on the above findings, staff recommends approval of the record plat, subject to staff's comments being successfully addressed. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU April 29, 2022 VIA EMAIL ONLY: rroth@koehlerengineering.com Mr. Ryan Roth Koehler Engineering & Land Surveying 194 Coker Lane Cape Girardeau, MO 63701 RE: Shadow Wood Villas North Record Plat Dear Mr. Roth: COMMUNITY DEVELOPMENT City staff has completed its review of the above plat. During the review, the following items were found which need correction or attention: Reviewer #1 Comments -Ryan Shrimplin, City Planner (573) 339-6327: rshrimplin@cityofcape.org 1. Prior to review of the plat by the City Council, GMA Development, LLC must convey Lot E of Shadow Wood Villas to Joel T. and Rose M. Voss, and the Document Number for the deed must be added to the Record Owners section. 2. The vicinity map is missing a North arrow and "NTS" or "Not to Scale". 3. Indicate which lots are designated for single-family detached and which lots are designated for duplex. 4. Label the existing 5 foot side setbacks on Lot 3. 5. On Lot 78, separate the access easement/front setback label into two separate labels. The setback has changed and is therefore not existing. 6. Staff does not support a variance for a 5 foot rear yard setback on Lots 7 A and 78. Staff does support a variance for a 10 foot setback. Revise the setback accordingly. 7. In the Subdivision Notes section, under Zoning Regulations, the Minimum Lot Width should read: "TOWNHOUSES AND DUPLEXES : 20 FT". 8. Add the following to the Subdivision Notes section: STORMWATER MANAGEMENT NOTE THE OWNER OF EACH LOT WITHIN THE SUBDIVISION IS JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT OF WAY 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT OR PUBLIC DRAINAGE EASEMENIT AS REQUIRED BY CHAPTER 23 OF THE CODE OF ORD INANCES OF THE CITY OF CAPE GIRARDEAU , MISSOURI. THIS PROVISION HEREBY CONSTITUTES A DEED RESTRICTION IN SATISFACTION OF CHAPTER 25 OF SAID CODE OF ORDINANCES . SAID DEED RESTRICTION IS PERPETUAL AND SHALL RUN WITH THE LAND . 9. Add the following to the Exception and Variance Notes section: AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE REAR LO T LINES OF LOTS 7A AND 7B . 10. Lot 1 B was recently sold to Mickey L. Harvey and Kathi L. Harvey as Co-Trustees of The Harvey Family Revocable Trust dated April 8, 2019. Update the plat accordingly. 11. The Recorder of Deeds' certificate and the surveyor's certificate (with signature and seal) are required on each sheet. Reviewer #2 Comments -Teresa Heifner, GIS Coordinator (573) 339-6327; theifner@cityofcape.org 12. In the Subdivision Notes section, under Record Owners, Lots A, C, and E are not mentioned. 13. The following lengths are missing from the exhibit: • The west lot line of Lot 7B (part of the curve); • The part of the curve from the northwest corner of Lot 7B to the crow's foot just south of the Shadow Wood Lane centerline; and • The line from the aforementioned crow's foot to the centerline (approximately 4 feet). 14. Contact Teresa to discuss the centerline of the cul-de-sac. Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape.org by May 9, 2022. Once the PDF file is received, City staff will review it to make sure all of the corrections have been made. If the PDF file is not received by May 9, 2022, then the Planning and Zoning Commission may postpone taking action on the plat or recommend approval, subject to staff's comments being successfully addressed. All staff comments must be successfully addressed prior to review of the plat by the City Council. Should you have any questions or wish to discuss any of the comments, please contact the appropriate reviewer. Sincerely, 0- Ryan Shrimplin, AICP City Planner 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT CC: Nancy Browne, The Limbaugh Firm (nbrowne@limbauqhlaw.com ) Chris Koehler, Koehler Engineering & Land Surveying (ckoehler@koehlerengineerinq.com ) Carrie Bumpus, Koehler Engineering & Land Surveying (cbumpus@koehlerengineerinq.com ) 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Shadow Wood Villas North Subdivision t±l 2918 2916 • • 0 /,--CITY of CAPE GIRARDEAU Created by: Community Development Dept Carol Peters April 22 , 2022 40 80 2912 • 2904 • •290 Legend 2901 SUBDIVISION PLAT APPLICATION (. ) CITY of CAPE GIRARDEAU ~,~~-/ COMMUNITY DEVELOPMENT, 44 N LORIMIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Name of Subdivision SHADOW WOOD VILLAS NORTH ~eof Plat Record jD Preliminary jD Boundary Adjustment Applicant Property Owner of Record (if other than Applicant) Ryan Roth, Koehler Engineering & Land Surveying See attached sheet. Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 Telephone I Email Telephone I Email 573-335-3026 rroth@koehlerengineering.com Contact Person {If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Christopher Koehler, Koehler Engineering & Land Surveying GMA Development, LLC Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 805 Enterprise St. Cape Girardeau, MO 63703 Telephone I Email Telephone I Email 573-335-3026 ckoehler@koehlerengineering.com ADDITIONAL ITEMS REQUIRED See Instructions for more information. CERTIFICATION In addition to this completed application form, the following items must be submitted: L Review Fee (payable to City of Cape Girardeau) Single-Family or Two-Family Residential: $20.00 per lot ($100.00 minimum) '-1-l\ LoT~= IUO - Multi-Family Residential: $20.00 per dwelling unit ($100.00 minimum) Non-Residential : $20.00 per acre ($100.00 minimum) \} 28°l -Tc>Tlt~ L Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat ,-_ I'. ,.,.l N4-+' , ,Q- 18" X 24" $24.00 "" t 2~ \SCCO S '/ I 24" X 36" $69.00 $29.00 pt.~~~7t-1 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Two (2) full size prints of the plat Digital file of the plat in .pdf format (can be emailed to cityplanning@cityofcape .org ) el Completed minimum requirements checklist I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completely installed and ready for acceptance by the City and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) of Record and the developer of these requirements. £ 04/13/2022 Ap~ Signature and Printed Name D_a_t_e ___________ _ OFFICE USE ONLY Date Received & By _A-_-_l:l~> tl>~~~--File# ------MUNISApplication# 1244(o MUNIS Permit# _____ _ Review Fee Received$ '4dD -~ Recording Fee Received$ (oCf • tJv l!J"check # "{ { 4b0 0 Credit Card O Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 12/21/2021 PROPERTY OWNER MAILING ADDRESS Gary Arnold Trust 805 Enterprise St, Cape Girardeau, MO 63703 Cynthia Arnold McCoullouch 2924 Shadow Wood Ln, Cape Girardeau, MO 63701 Jeffrey and Leslie Steele 3632 Kneff Farm Crossing, Imperial, MO 63052 GMA Development LLC 805 Enterprise St, Cape Girardeau, MO 63703 Joel and Rose Voss 2924 Shadow Wood Ln, Cape Girardeau, MO 63701 Larry and Janet Gluesing 2923 Shadow Wood Ln, Cape Girardeau, MO 63701 Michael and Linda Shaffar 2921 Shadow Wood Ln, Cape Girardeau, MO 63701 Patricia Abell 2927 Shadow Wood Ln, Cape Girardeau, MO 63701 Joyce Oberle Trust 2929 Shadow Wood Ln, Cape Girardeau, MO 63701 N N/F RECORD PLAT OF W*E s I HEAlH E. & ANGELIA D. lHOMAS DOC. NO. 2021-15515 POINT OF BEGINNING I I SHADOW WOOD VILLAS NORTH NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM, DERIVED FROM THE MODOT VRS SYSTEM. CONVERGENCE AT POINT OF BEGINNING= 00'33'57.01" I I EXISTING 10' UTIL ESMT S82'24-'11"f: 60.25' r I ~ EXlSTING 25' : 1. _ .. ~EAR SETBAc~ AP ART OF LOT A AND ALL OF LOTS 3, 7, C, AND E OF SHADOW WOOD VILLAS, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NUMBER 2016-09611 AND ALL OF SHADOW WOOD VILLAS PHASE I TOWNHOMES, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NUMBER 2018-00644, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI I I I / EXISTING 10' UTIL ESMT I I r---~ rt/ !~If I N/F GERLACH REVOCABlf 1RUST DEED BK. 563, PG. 270 I I I I fl I /i /? I ,., , /!! I ;; I S06'44'06"W 15.00' I ,, , 5? it /~FLOODPLAIN I "" I I I I I \ l[;l I I I I LOT1A / ! 11,342SF I LOT5B 9,560 SF GMA DEVELOPMENT, LLC ---N8J'OB'J7"W --_ _ DOC. NO. 2016-08726 LOT A_ Sij~.'(199!1.~ ..... :-=-.. ....,_,_ .. :..:.:.:_··:.._ Jl9:9J' I \ .• --11· ............ "uifli -~ "SHADOW WOOD WlAS FlJTIJRE LOT 8 I ~f~-131,92' \"" I I SHADOW WOOD "1LLAS SOUlH "":j - - - - - GRAPHIC SCALE I S;S 30 O ,. JO 60 120 ~=, FlJTIJRE LOT 9 •• -25 • .-•:; •• .-~---•' 1 , ... ~.! 1 SHADOW WOOD "1LlAS SOU1H N/F GMA DEVELOPMENT, LLC DOC. NO. 2016-08726 (IN FEET) - 1 Inch = 30 ft. 9[9 EXlSTING 25' REAR SETBACK / I I I • LINE# L1 L2 L3 L4 L5 L6 CURVE # C1 C2 C3 C4 C5 C6 Cl CB C9 C10 C11 C12 LINE TABLE DIRECTION LENGlli N1719'05"E 16.00' S56"45'06"E 29.89' S40"33'56'E 36.40' S6"51'23'W 37.83' N24"22'46'W 38.74' S6'31'25"W 26.00' r PLAT. ,imfE~NC ES SHADOW WOOD VIL DOC. NO. 2016-09611 SHADOW WOOD VILLA LAS s PHASE I TOWNHOMES DOC. NO. 2018-00644 CURVE TABLE LENGlH RADIUS CHORD DIRECTION CHORD LENGlH 13.20' 13.00' N67'43'52"E 12.64' 13.20' 13.00' N54'04'26"W 12.64' 9.92' 13.00' N74'58'34"E 9.68' 3.29' 13.00' N45'52'43"E 3.28' 73.13' 61.00' S72'58'33"W 68.82' 37.95' 61.00' N54'51'35"W 37.34' 74.83' 61.00' N1'53'40"W 70.23' 17.23' 61.00' N41'20'29"E 17.18' 17.23' 61.00' N57'31'39"E 17.18' 30.97' 61.00' N8010'01'E 30,64' 60.50' 61.00' S56"52'31"E 58.05' 3.71' 61.00' S26'43'12'E 3.71' A PORTION OF THE PROPERTY FALLS WITHIN THE SPECIAL FLOOD HAZARD AREA SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031C0254E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011 ---A-PORTION OFTRE'PROPERTYRAS BEEN.REMOVED'FROlifSJIID- SPECIAL FLOOD HAZARD AREA BY LOMR•F, CASE NUMBER 16-07-0795A, DATED MARCH 23, 2016 0 @ = FOUND JI" IRON ROD = SET JI' IRON ROD = SUBDIVISION BOUNDARY = LOTLINE = LOTLINE TO BE ELIMINATED = CENTERLINE = ADJOINING LOT LINE = RIGHTOFWAYLINE = BUILDING SETBACK = UTILITY EASEMENT = BUFFERYARO THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017 SUIVEYDA'TB CRAWNQ DAlE< CRAWNQNC> r SUBDIVI8ION NOTES ZONING REGULATIONS ~: R-3, HIGH DENSITY SINGLE-FAMILY RESIDENTIAL MINIMUM LOT AREA: TOWNHOUSES: 1,400 SF DUPLEXES: 3,750 SF/ UNIT SINGLE-FAMILY: 5,000 SF MINIMUM LOT WIDTH: TOWNHOUSES: 20 FT ALL OTHER USES: 30 FT MAXIMUM DENSITY: NINE UNITS PER ACRE TOTAL NUMBER OF LOTS: LARGEST LOT AREA": FRONT: TOWNHOUSES: 10 FT ALL OTHER USES: 20 FT REAR: TOWNHOUSES: 20 FT ALL OTHER USES: 20 FT SIDE: TOWNHOUSES AND DUPLEXES: NONE ALL OTHER USES: 3 FT LOT SIZES 12 LOTS (INCLUDES COMMON AREA LCD 22,1625F(LOT4) SMALLESTLOT AREA": 5,110 SF (LOT BA) 'LOT SIZES DO NOT INCLUDE COMMON AREA LOT TOTAL SUBDIVISION AREA: 115,086 SF (2.64 ACRES) PROPOSED DENSITY: 4.17UNITS/ ACRE (BASED ON 11 UNITS) RIGHT OF WAY NOTE ALL OF LOT C OF SHADOW WOOD VILLAS (DOC. NO. 2016-09611), WITH THE EXCEPTION OF LOT "A' INDICATED HEREON, IS NOW DEDICATED AS RIGHT OF WAY FOR SHADOW WOOD LANE EXISTING EASEMENT, SETBACK, AND BUFFERYARD NOTE EASEMENTS, SETBACKS, AND BUFFERYARDS SHOWN HEREON AND LABELED AS 'EXISTING" ARE FROM RECORD PLAT OF SHADOW WOOD VILLAS, DOCUMENT NUMBER 2016-09611, UNLESS NOTED OTHERWISE EXCEPTION AND VARIAN CE NOTES AN EXCEPTION IS SHOWN FOR A REDUCED UTILITY EASEMENT WIDTH ALONG THE REAR (SOUTH) LOT LINE OF LOT SB. (DOC. NO. 2018-00644) A VARIANCE 15 SHOWN FOR A REDUCED REAR YARD SETBACK ALONG THE NORTH LOT LINE OF LOT 1 B. (DOC. NO. 2018-00644) A VARIANCE IS SHOWN FOR A REDUCED BUFFERYARD WIDTH ALONG THE REAR (NORTH) LOT LINE OF 18. (DOC. NO. 2018-00644) A VARIANCE 15 SHOWN FOR A REDUCED REAR YARD SETBACK ALONG THE SOUTH LOT LINE OF LOT 58. (DOC. NO. 2018-00644) A VARIANCE 15 SHOWN FOR A REDUCED FRONT YARD SETBACK ALONG SHADOW WOOD LANE RIGHT OF WAY FOR ALL RESIDENTIAL LOTS. A VARIANCE IS SHOWN FOR A REDUCED REAR YARD SETBACK ALONG SOUTH LOT LINES OF LOTS BA, 68, 7A, AND 78. ,_ A VARIANCE 15 SHOWN FOR A REDUCED LOT WIDTH FOR LOTS 5AAND 58. 194 Coker Lane Cape Girardeau, Missouri 63701 Ph: (573) 335 -3026 Fax: (573) 335 -3049 MO PLS Corp. Certificate #000262 RYAN ROlli flEY DA1E llESCN'110N CHRIS KOEHLER APRIL 2022 APRIL 13, 2022 38485 THE UNDERSIGNED, CYNTHIA DRUCILLA ARNOLD MCCULLOCH, MANAGER OF GMA DEVELOPMENT, LLC, CYNTHIA DRUCILLA ARNOLD MCCULLOCH, SUCCESSOR TRUSTEE OF THE GARY M. ARNOLD REVOCABLE LIVING TRUST DATED NOVEMBER 20, 1995, CYNTHIA DRUCILLA ARNOLD MCCULLOCH, TRUSTEE OF THE CYNTHIA D. ARNOLD MCCULLOCH LIVING TRUST, JEFFREY STEEL & LESLIE STEELE, HUSBAND & WIFE, JOEL T. VOSS & ROSE M. VOSS, HUSBAND & WIFE, LARRY GLUESING & JANET GLUESING, HUSBAND & WIFE, MICHAEL H. SHAFFER & LINDA L. SHAFFAR, HUSBAND & WIFE, PATRICIA P. ABELL, TRUSTEE OF THE PATRICIA P. ABELL REVOCABLE TRUST U/A/0 JULY 9, 2015, AND JOYCE M. OBERLE, TRUSTEE OF THE JOYCE M. OBERLE REVOCABLE LIVING TRUST DATED OWNERS IN FEE OF A PART OF LOT A AND ALL OF LOTS 3, 7, C, AND E OF SHADOW WOOD VILLAS, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NUMBER 2016-09611 AND ALL OF SHADOW WOOD VILLAS PHASE I TOWNHOMES, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NUMBER 2016-00644, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 1A OF SAID SHADOW WOOD VILLAS PHASE I TOWNHOMES, SAID CORNER ALSO BEING A POINT ON THE EAST RIGHT OF WAY LINE OF HAWTHORNE ROAD; THENCE SOUTH 82"24'11" EAST, 99.49 FEET; THENCE SOUTH 06°40'18" WEST, 40.66 FEET; THENCE SOUTH 82"19'40" EAST, 140.02 FEET; THENNCE SOUTH 06°44'06° WEST, 15.00 FEET; THENCE SOUTH 62"19'40" EAST, 98.00 FEET; THENCE SOUTH 06°51'23° WEST, 319,54 FEET; THENCE NORTH 63"06'37" WEST, 319.93 FEET TD A POINT ON SAID EAST RIGHT OF WAY LINE; THENCE WITH SAID EAST RIGHT OF WAY LINE, ALONG THE ARC OF A NON-TANGENT CURVE TO THE NORTHEAST, BEING CONCAVE TO THE SOUTHEAST, AND HAVING A RADIUS OF 846.11 FEET, A LENGTH OF 162.17 FEET (THE CHORD OF SAID ARC BEARS NORTH 01°01'58" EAST, 161.93 FEET); THENCE NORTH 08"31'25" EAST, 218.78 FEET TO THE POINT OF BEGINNING AND CONTAINING 115,086 SQUARE FEET, 2.64 ACRES, MORE DR LESS, DO HEREBY SUBDIVIDE SAID TRACT INTO LOTS AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "SHADOW WOOD VILLAS NORTH". AREAS SHOWN HEREON AS RIGHT OF WAY ARE HEREBY DEDICATED TD THE CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC PURPOSES. THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. THE ACCESS EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE PUBLIC IN PERPETUITY FOR THE PURPOSE OF PEDESTRIAN AND NON-MOTORIZED VEHICULAR TRAVEL UPON THE SIDEWALKS LOCATED THEREIN. THE SUBDIVISION SHALL BE SUBJECT TO PRIVATE COVENANTS AND RESTRICTIONS AS SET OUT IN A SEPARATE INSTRUMENT TO BE FILED IN THE LAND RECORDS OF SAID COUNTY. GMA DEVELOPMENT, LLC, A MISSOURI LIMITED LIABILITY COMPANY CYNTHIA DRUCILLA ARNOLD MCCULLOCH, MANAGER STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) )SS ) ON THIS ___ DAY OF _____ 20~ BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED CVNTHIA DRUCILLA ARNOLD MCCULLOCH, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE MANAGER OF GMA DEVELOPMENT, LLC, A MISSOURI LIMITED LIABILITY COMPANY, AND THAT SHE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID COMPANY, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID COMPANY. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES _____ _ NOTARY PUBLIC CYNTHIA DRUCILLA ARNOLD MCCULLOCH. SUCCESSOR TRUSTEE OF THE GARY M. ARNOLD REVOCAIBLE LIVING TRUST DATED NOVEMBER 20, 1995 CYNTHIA DRUCILLA ARNOLD MCCULLOCH, SUCCESSOR TRUSTEE STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) )SS ) ON THIS ___ DAY OF _____ 20~ BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED CYNTHIA DRUCILLA ARNOLD MCCULLOCH, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE SUCCESSOR TRUSTEE OF THE GARY M. ARNOLD REVOCABLE LIVING TRUST DATED NOVEMBER 20, 1995, AND THAT SHE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID TRUST, AND ACKNOWLEDGED SAID INSTRUMENT TO BE HER FREE ACT AND DEED AS TRUSTEE. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES _____ NOTARY PUBLIC RECORD PLAT OF SHADOW WOOD VILLAS NORTH siJBDJVISiON DEi>~CATION .. CYNTHIA D, ARNOLD MCCULLOCH LIVING TRUST CYNTHIA DRUCILLA ARNOLD MCCULLOCH, TRUSTEE STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) ON THIS ___ DAY OF _____ 20~ BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED CYNTHIA D. ARNOLD MCCULLOCH, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE TRUSTEE OF THE CYNTHIA D. ARNOLD MCCULLOCH LIVING TRUST, AND THAT SHE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID TRUST, AND ACKNOWLEDGED SAID INSTRUMENT TO BE HER FREE ACT AND DEED AS TRUSTEE. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES _____ NOTARY PUBLIC JEFFREY STEELE LESLIE STEELE STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) ON THIS ____ DAY OF ______ 20~ BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED JEFFREY AND LESLIE STEELE, HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID STATE THAT THEY ARE THE PERSONS DESCRIBED HEREIN, AND WHO EXECUTED THE FOR FOREGOING INSTRUMENT AS THEIR FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRIES ______ _ NOTARY PUBLIC JOEL T. VOSS ROSEM.VOSS STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) ON THIS ___ DAY OF _____ 20_, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED JOEL T. AND ROSE M. VOSS, HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID STATE THAT THEY ARE THE PERSONS DESCRIBED HEREIN, AND WHO EXECUTED THE FOR FOREGOING INSTRUMENT AS THEIR FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES ______ _ NOTARY PUBLIC LARRY GLUESING STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) )SS ) JANET GLUESING ON THIS ____ DAY OF ______ 20_, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED LARRY AND JANET GLUESING, HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID STATE THAT THEY ARE THE PERSONS DESCRIBED HEREIN, AND WHO EXECUTED THE FOR FOREGOING INSTRUMENT AS THEIR FREE ACT AND DEED, IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES ______ _ NOTARY PUBLIC MICHAEL H. SHAFFAR STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) )SS ) LINDA L SHAFFAR ON THIS ___ DAY OF _____ 20~ BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED MICHAEL H. AND LINDA L. SHAFFAR, HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID STATE THAT THEY ARE THE PERSONS DESCRIBED HEREIN, AND WHO EXECUTED THE FOR FOREGOING INSTRUMENT AS THEIR FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES ______ NOTARY PUBLIC PATRICIA P, AIBELL, TRUSTEE OF THE PATRICIA P. ABELL REVOCABLE TRUST U/A/0 JULY 9, 2015 PATRICIA P. ABELL, TRUSTEE STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) ON THIS ___ DAY OF ______ 20_, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED PATRICIA P. ABELL, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE TRUSTEE OF THE PATRICIA P. ABELL REVOCABLE TRUST U/A/0 JULY 9, 2015; AND AS AMENDED ON DECEMBER 15, 2020, AND THAT SHE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID TRUST, AND ACKNOWLEDGED SAID INSTRUMENT TO BE HER FREE ACT AND DEED AS TRUSTEE. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES _____ NOTARY PUBLIC JOYCE M. OBERLE REVOCABLE LIVING TRUST DATED JOYCE M. OBERLE, TRUSTEE STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) ON THIS ___ DAY OF ______ 20~ BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED JOYCE M. OBERLE, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE TRUSTEE OF THE JOYCE M. OBERLE REVOCABLE LIVING TRUST, AND THAT SHE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID TRUST, AND ACKNOWLEDGED SAID INSTRUMENT TO BE HER FREE ACT AND DEED AS TRUSTEE. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES,-----~ NOTARY PUBLIC THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017 I, --------~ CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ORDINANCE NO.---------~ PASSED AND APPROVED THIS DAY OF _____ A.D.,20_. CITY CLERK STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) FILED FOR RECORD THIS ___ DAY OF A.O., 20~ IN DOCUMENT NUMBER ANDREW DAVID BLATTNER, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI Cl£CKEDBY, SLIM!fDAlB CRAWNQ DAlB CRAWNQIC RECORD OWNERS GMA DEVELOPMENT, LLC (LOTS 3 & 7) ·DOC.NO. 2015-06685 & 201S-11160 GARY M. ARNOLD, TRUSTEE OF THE GARY M. ARNOLD REVOCABLE LIVING TRUST DATED NOVEMBER 20, 1995(LOT 1A)·DOC. N02019-10812 CYNTHIA D. ARNOLD MCCULLOCH LIVING TRUST (LOT 18). DOC. NO. 2020-00985 JEFFREY AND LESLIE STEELE (LOT 2) ·DOC.NO. 2021-04311 JOEL T. AND ROSE M. VOSS(LOT 4)-DOC. NO, 2021-11307 LARRY AND JANET GLUESING (LOT SA)• DOC. NO. 2020-11255 --MICHAEL R; ArfD-ONDll'CSH/IFFAR-(COT5B) caoc: N0:2021l'll0587 PATRICIA P. ABELL, TRUSTEE OF THE PATRICIA P. ABELL REVOCABLE TRUST U/ND JULY 9, 2015; AND AS AMENDED ON DECEMBER 15, 2020 (LOT 6A). DOC. NO. 2021-05114 JOYCE M. OBERLE REVOCABLE LIVING TRUST (LOT 68) • DOC. NO. 2019-11808 DEVELOPER OF SUBDMSION AND PLAT PREPARED FOR: GMA DEVELOPMENT, LLC 805 ENTERPRISE STREET CAPE GIRARDEAU, MO 63703 PLAT PREPARED BY AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE, CAPE GIRARDEAU, MO 63701 (573) 335-3026 194 Coker Lane Cape Girardeau, Missouri 63701 Ph: (573) 335 -3026 Fax: (573) 335 -3049 MO PLS Corp. Certificate #000262 RYAN ROTH REV DAlE CHRIS KOEHLER APRIL 2022 APRIL 13, 2022 38485 Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Record Plat Shadow Wood Villas South Hawthorne Road & Shadow Circle Koehler Engineering & Land Surveying GMA Development, LLC Koehler Engineering & Land Surveying CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner ~ MEETING DATE: May 11, 2022 SUBJECT: Shadow Wood Villas South Record Plat COMMUNITY DEVELOPMENT A record plat has been submitted for Shadow Wood Villas South, located on Hawthorne Road. Shadow Wood Villas is an existing subdivision that was originally zoned PD (Planned Development District). It was recently rezoned to R-3 (High Density Single- Family Residential District). The developer wishes to split the subdivision into two sections, eliminate most of the common ground lots, and convert the streets from private to public . The south section is being replatted as Shadow Wood Villas South. Due to the change from PD to R-3, some exceptions and variances are being requested as a part of the plat. The exceptions and variances are listed in the Subdivision Notes section. Staff supports the exceptions and variances due to the unique circumstances of this subdivision. The attached staff review letter was sent to the applicant. At the time of this report, a corrected plat has not been received. Based on the above findings, staff recommends approval of the record plat, subject to staff's comments being successfully addressed. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU May 2, 2022 VIA EMAIL ONLY: rroth@koehlerengineering .com Mr. Ryan Roth Koehler Engineering & Land Surveying 194 Coker Lane Cape Girardeau, MO 63701 RE: Shadow Wood Villas South Record Plat Dear Mr. Roth: COMMUNITY DEVELOPMENT City staff has completed its review of the above plat. During the review, the following items were found which need correction or attention: Reviewer #1 Comments -Ryan Shrimplin, City Planner (573) 339-6327: rshrimplin@cityofcape.org 1. The vicinity map is missing a North arrow and "NTS" or "Not to Scale". 2. Indicate which lots are designated for single-family detached and which lots are designated for duplex. 3. On Lot 8, separate the access easement/front setback label into two separate labels. The setback has changed and is therefore not existing . 4. In the Subdivision Notes section, under Zoning Regulations, add "RESIDENTIAL" at the end of the zoning district name . 5. In the Subdivision Notes section, under Zoning Regulations, the Minimum Lot Width should read: "TOWNHOUSES AND DUPLEXES: 20 FT". 6. In the Subdivision Notes section, under Lot Sizes, the Proposed Density information is incorrect. 7. In the Subdivision Notes section, under Exception and Variance Notes, first paragraph, change the ending to read: "ALONG THE NORTH LOT LINES OF LOTS 8 AND 9." 8. In the Subdivision Notes section, under Exception and Variance Notes, add the following: A VARIANCE IS SHOWN FOR A REDUCED REAR YARD SETBACK ALONG THE SOUTH LOT UNE OF LOT 12. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT AN EXCEPTION IS SHOWN FOR THE O MISSION OF THE REQ IUI RED 10 FOOT UTILITY EASEMENT ALONIG A PORTION OF THE NORTH LOT LINE OF LOT 8 AND ALONG THE SOUTH LOT LINES OF LOTS 12AND 13 . 9. Add the following to the Subdivision Notes section: STORMW ATER MANAGEMENT NOTE THE OW NER OF EACH LOT WITHIN THE SU BD IVISION IS JOINTLY AND SEVERALLY RESPONS IBLE FOR THE MAINTENANCE OF ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT OF WAY OR PUB LI C DRAINAGE EASEMENT AS REQUIRED BY CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSO URI. THIS PROVISION HEREBY CONSTITUTES A DEED RESTRICTION IN SATISFACTION OF CHAPTER 25 OF SAID CODE OF ORD INANCES. SAID DEED RESTRICTION IS PERPETUAL AND SHALL RUN WITH THE LAND . 10. In the notary certificate, check the phrase "IS AUTHORIZED TO EXECUTE THE FOR FOREGOING". Reviewer #2 Comments -Teresa Heifner, GIS Coordinator (573) 339-6327; theifner@cityofcape.org 11. Lot B of Shadow Wood Villas (Doc. No. 2016-09611) is shown as having an area of 39,817 square feet. On the new plat, the aforementioned Lot Bis being split into Lot 13 (8,288 square feet) and a new Lot B (31,530 square feet). These two lots total 39,818 square feet. 12 . The following lengths are missing from the exhibit: • The part of the line from the centerline of Shadow Circle to the crow's foot just north of the centerline; and • The part of the curve from the aforementioned crow's foot to L4. 13. Currently, Lot B is inaccessible from Hawthorne Road due to dense trees and other vegetation. Will a path be cleared to provide access, or will access be provided through an adjacent lot? If the latter, will access language be included in the new covenants? Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape.org by May 9, 2022. Once the PDF file is received, City staff will review it to make sure all of the corrections have been made. If the PDF file is not received by May 9, 2022, then the Planning and Zoning Commission may postpone taking action on the plat or recommend approval, subject to staff's comments being successfully addressed . All staff comments must be successfully addressed prior to review of the plat by the City Council. Should you have any questions or wish to discuss any of the comments, please contact the appropriate reviewer. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU Sincerely, Ryan Shrimplin, AICP City Planner COMMUNITY DEVELOPMENT CC: Nancy Browne, The Limbaugh Firm (nbrowne@limbauqhlaw.com ) Chris Koehler, Koehler Engineering & Land Surveying (ckoehler@koehlerenqineerinq.com ) Carrie Bumpus, Koehler Engineering & Land Surveying (cbumpus@koehlerengineering.com ) 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org Shadow Wood Villas South Subdivision ffi 0 -"~ CITY of CAPE GIRARDEAU Created by: Community Development Dept. 40 Carol Peters April 25, 2022 80 2912 • 2910 • 2904 • 2902 • SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT, 44 N LORIMIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Name of Subdivision ~eof Plat SHADOW WOOD VILLAS SOUTH Record Preliminary Boundary Adjustment Applicant Property Owner of Record (if other than Applicant) Ryan Roth, Koehler Engineering & Land Surveying GMA Development, LLC Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 805 Enterprise St. Cape Girardeau, MO 63703 Telephone I Email Telephone I Email 573-335-3026 rroth@koehlerengineering.com Contact Person {If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Christopher Koehler, Koehler Engineering & Land Surveying GMA Development, LLC Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 805 Enterprise St. Cape Girardeau, MO 63703 Telephone I Email Telephone I Email 573-335-3026 ckoehler@koehlerengineering.com ADDITIONAL ITEMS REQUIRED See Instructions for more information . CERTIFICATION In addition to this completed application form, the following items must be submitted: Review Fee (payable to City of Cape Girardeau) Single-Family or Two-Family Residential: $20.00 per lot ($100.00 minimum))' 8 Lo~ ... i \(a()- Multi-Fam i ly Residential: $20 .00 per dwelling unit ($100.00 minimum) Non-Residential : $20.00 per acre ($100.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat ToTAL j 18" X 24" $44.00 $24.00 24" X 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Two (2) full size prints of the plat Digital file of the plat in .pdf format (can be emailed to cityplanning@cityofcape .org ) ti Completed minimum requirements checklist I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completely installed and ready for acceptance by the City and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) of Record and the developer of these requirements. ,I} 04/13/2022 Ap ~Signature and Printed Name D_a_t_e ___________ _ OFFICE USE ONLY Date Received & By __ 4_,. J_g~-a~~~--File# _____ _ MUNIS Application# I'}._ 4 613 MUNIS Permit# _____ _ Review Fee Received $ /G,D --Recording Fee Received $ 44 ,{J;S... 1/8,Cfj Credit Card Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revi s ed 12/21/2021 RECORD PLAT OF SHADOW WOOD VILLAS SOUTH THE UNDERSIGNED, CYNTHIA DRUCILLA ARNOLD MCCULLOCH, MANAGER OF GMA DEVELOPMENT, LLC, OWNER IN FEE OF A PART OF LOT A AND ALL OF LOTS 8, 9, 10, 11, 12, B, AND D OF SHADOW WOOD VILLAS, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN DOCUMENT NUMBER 2016-09611, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I I 0 " FOUND½" IRON ROD = SET )I• IRON ROD = SUBDIVISION BOUNDARY = LDTLINE = LOTLINE TO BEELIMINATED = CENTERLINE - • --• - = ADJOINING LOT LINE ------= RIGHTOFWAYLINE = BUILDING SETBACK = UTILITY EASEMENT = BUFFERYARD GRAPHIC SCALE 40~~-2-i211111111° --·~i L"w -r::::::l .. i ( IN FEET ) inch = 40 fl FLOODPLAIN LIMITS (TIP.} BEGIN AT THE NORTHEAST CORNER OF SAID LOT 9 OF SHADOW WOOD VILLAS; THENCE SOUTH 06"51'23" WEST, 536.06 FEET: THENCE SOUTH 08°36'26" WEST, 19.64 FEET: THENCE SOUTH 83°08'37" EAST, 0.60 FEET; THENCE SOUTH 06"51'23" WEST, 30.92 FEET; THENCE NORTH 83'27'21" WEST, 72.09 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE ON HAWTHORNE ROAD; THENCE WITH SAID EAST RIGHT OF WAY LINE, NORTH 18"13'05" WEST, 435.47 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 846.11 FEET, A LENGTH OF 203.20 FEET {THE CHORD OF SAID ARC BEARS NORTH 11"20'18" WEST, 202.71 FEET); THENCE LEAVING SAID EAST RIGHT OF WAY LINE, SOUTH 83"08'37" EAST, 319.93 FEET TO THE POINT OF BEGINNING AND CONTAINING 121,149 SQUARE FEET, 2.78 ACRES, MORE OR LESS, DO HEREBY SUBDIVIDE SAID TRACT INTO LOTS AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "SHADOW WOOD VILLAS SOUTH". AREAS SHOWN HEREON AS RIGHT OF WAY ARE HEREBY DEDICATED TO THE CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC PURPOSES. THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. THE ACCESS EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE PUBLIC IN PERPETUITY FOR THE PURPOSE OF PEDESTRIAN AND NON-MOTORIZED VEHICULAR TRAVEL UPON THE SIDEWALKS LOCATED THEREIN. THE SUBDIVISION SHALL BE SUBJECT TO PRIVATE COVENANTS AND RESTRICTIONS AS SET OUT IN A SE PARA TE INSTRUMENT TO BE FILED IN THE LAND RECORDS OF SAID COUNTY. GMA DEVELOPMENT, LLC CYNTHIA DRUCILLA ARNOLD MCCULLOCH, MANAGER STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) ON THIS DAY OF ------~ 20 , BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED CYNTHIA DRUCILLA ARNOLD MCCULLOCH, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE MANAGER OF GMA DEVELOPMENT, LLC, A MISSOURI LIMITED LIABILITY COMPANY, AND THAT SHE IS AUTHORIZED TO EXECUTE THE FOR FOREGOING INSTRUMENT ON BEHALF OF SAID COMPANY, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID COMPANY. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES _____ NOTARY PUBLIC I,========~. CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ORDINANCE NO. _________ ,, PASSED AND APPROVED THIS DAY OF ______ ~A.D., 20_. CITY CLERK STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) FILED FOR RECORD THIS ___ DAY OF ___ , A.O .. 20_, IN DOCUMENT NUMBER ________ ANDREW DAVID BLATTNER, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI SlJBJJzyJSIOij1NOTES RECORD OWNER GMA DEVELOPMENT, LLC -DOC. NO. 2015-06685 ZONING REGULATIONS ZONING: R-3, HIGH DENSITY SINGLE-FAMILY EXISTING EASEMENT AND BUFFERYARD NOTE EASEMENTS AND BUFFERYARD SHOWN HEREON AND LABELED AS "EXISTING~ ARE FROM RECORD PLAT OF SHADOW WOOD VILLAS, DOCUMENT NUMBER 2016-09611 RIGHT OF WAY NOTE I MINIMUM LOT AREA: TOWNHOUSES: 1,400 SF DUPLEXES: 3,750 SF/ UNIT SINGLE-FAMILY: 5,000 SF MINIMUM LOT WIDTH: TOWNHOUSES: 20 FT ALL OTHER USES: 30 FT ALL OF LOT D OF SHADOW WOOD VILLAS (DOC. NO. 2016-09611 ), WITH THE EXCEPTION OF LDT "C" INDICATED HEREON, IS NOW DEDICATED AS RIGHT OF WAY FOR SHADOW CIRCLE \ N8J"27'21} 72_09, _ ;--- i N/F I \\ ( DONALD aiRl51PPHER BLATINER U\1NG lRUST DOC. NO. 201210-4620 ! I . Fl,;()ODPL.AIN NO.TE, J ·- A PORTION OF THE PROPERTY FALLS WITHIN THE SPECIAL FLOOD HAZARD AREA SUBJECTTO INUNDATION BYTHE 1% ANNUAL CHANCE FLOOD AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031 C0254E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011 A PORTION OF THE PROPERTY HAS BEEN REMOVED FROM SAID SPECIAL FLOOD HAZARD AREA BY LOMR-F, CASE NUMBER 16-07-0795A, DATED MARCH 23, 2016 AND LOMR-F, CASE NUMBER 17-07-0714X, DATED JANUARY 18, 2017. T SHADOW wooD VILLAS -Doc. lo. 2016-09611 I CURVE # Cl C2 CJ C4 C5 cs C7 CB MAXIMUM DENSITY: NINE UNITS PER ACRE SETBACKS: FRONT: TOWNHOUSES: 10 FT ALL OTHER USES: 20 FT REAR: TOWNHOUSES: 20 FT ALL OTHER USES: 20 FT SIDE: TOWNHOUSES: NONE DUPLEXES: NONE ALL OTHER USES: 3 FT LOT SIZES TOTAL NUMBER OF LOTS: SLOTS (INCLUDES COMMON LOTS) LARGEST LOT AREA': 17,767 SF (LOT 9) SMALLESTLOT AREA': 8,288 SF (LOT 13) *LOT SIZES DO NOT INCLUDE COMMON AREA LOTS TOTAL SUBDIVISION AREA: PROPOSED DENSITY: CUR\IE TABLE LENGTH RADIUS CHORD DIRECTION 10.04' 11.00' N45"38'01"E 12.56' 11.00' N75"30'56"W 90.01' 61.00' S61'45'34"W 36.81" 61.00" N58"40'39"W 58.83' 61.00' N13"45'33"W 40.57' 61.00° N32"55'23"E 17.40' 61.00' N601l8'53"E 73.32' 61.00' sm4'47"E 121,149 SF (2.78 ACRES) 3.96 UNITS/ ACRE (BASED ON 11 UNITS) CHORD LENGTH 9.70" 11.89° 82.07' 36.26' 56.58' 39.82' 17.34' 68.98° EXCEPTION AND VARIAN CE NOTES A VARIANCE IS SHOWN FOR A REDUCED REAR YARD SETBACK ALONG NORTH LOT LINE OF LOT 8. A VARIANCE IS SHOWN FORA REDUCED LOT WIDTH FDR LOT 12. DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: GMA DEVELOPMENT, LLC 805 ENTERPRISE STREET CAPE GIRARDEAU, MO 63703 PLAT PREPARED BY & SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC, 194 COKER LANE, CAPE GIRARDEAU, MO 63701 (573) 335-3026 194 Coker Lane Cape Girardeau, Missouri 63701 Ph: (573) 335 -3026 Fax: (573) 335 -3049 MO PLS Corp. Certificate #000262 THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017 CIEKEDBY• 9\JRYEY DA'IB DRAWINQ DAlE• DRAWINQ NO• RYAN ROTH REVDAlE DESCRJP110N CHRIS KOEHLER APRIL 2022 APRIL 13, 2022 31!485 Planning & Zoning Commission PROPOSED REVISIONS TO CHAPTER 30 (ZONING ORDINANCE) REGARDING C-2, (Highway Commercial) FOR REVIEW -May 11, 2022 CITY of CAPE GIRARDEAU MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner tJ2_$ MEETING DATE: May 11, 2022 COMMUNITY DEVELOPMENT SUBJECT: Chapter 30 Amendment Regarding C-2, Highway Commercial District Attached is a proposed amendment to the C-2, Highway Commercial District regulations in the Zoning Code (Chapter 30 of the City's Code of Ordinances). The key changes are as follows: • "Vehicle washing facilities, automatic or hand wash" has moved from Special uses to Permitted principal uses. In recent years, there has been an increase in development activity related to car washes. Several new car wash facilities have been constructed, with additional facilities under construction or proposed . Staff believes the requirement to obtain a special use permit for this type of use in the C-2 district is unnecessary, especially considering the fact that more intensive uses, such as hospitals, are permitted principal uses. The amendment also includes some minor changes for purposes of clarity and consistency. If the Commission supports the amendment, then it may recommend approval as submitted or with changes. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org Chapter 30 Amendment Regarding C-2, Highway Commercial District May 11, 2022 Sec. 30-67. 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 facil ities . (12) Health or fitness centers . (13) Helicopter landing pads, he liports 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 30-118. (21) Meeting halls . (22) Microbreweries. (23) Mini warehouses or self-storage units. (24) Nurseries or greenhouses. (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreation recreational vehicles or watercraft . (28) Parks or playgrounds. (29) Personal service establishments . Page 2 of 4 Chapter 30 Amendment Regarding C-2, Highway Commercial District May 11, 2022 TEXT TO BE DELETED IS SHOWN IN iJRIKfiTMRQU<iM TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Page 1 of 4 Chapter 30 Amendment Regarding C-2, Highway Commercial District May 11, 2022 {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) Vehicle washing faci lities, automatic or hand wash. ~(40) Veterinary clinics or animal hospitals . f4Gt {41) Warehouses or distribution centers . t411 (42} Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106 . (2) Short-term use of shipping containers for accessory uses, as permitted in section 30-105 . (3) Solar energy systems, as permitted in section 30-113 . (d) Special uses . (1) Amusement parks. (2) Billboards, as permitted elsewhere in the city Code. (3) Campgrounds, travel trailer or recreation r ec r eational vehicle parks. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105 . (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 30-105. (8) Telecommunication towers, as permitted in section 30-107. (9) The allowance of additional height up to a total of 100 feet, not to exceed a total of eight stories. (10) Vehicle body or paint shops . (11) Vehicle washing facilities, a1,1tornatic or hand wash. fHt (ll) Wind energy conversion systems, as permitted in section 30-113. (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 Page 3 of 4 Chapter 30 Amendment Regarding C-2, Highway Commercial District May 11, 2022 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 docl~s, mechanical equipment, eqUJ i pme.nt, storage areas, ef aimdl 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: 60 feet, not to exceed five stories . (2) Minimum lot area: None . (3) Minimum lot width : None . (4) Minimum setbacks: a. Front yard: 25 feet. b. Rear yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. c. Side yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. (5) Minimum open space: 15 percent of the lot area. Page 4 of 4 Chapter 30 Amendment Regarding C-2, Highway Commercial District May 11, 2022 Sec. 30-67. 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 30-118. (21) Meeting halls. (22) Microbreweries. (23) Mini warehouses or self-storage units. (24) Nurseries or greenhouses. (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreational vehicles or watercraft. (28) Parks or playgrounds. Page 1 of 3 Chapter 30 Amendment Regarding C-2, Highway Commercial District May 11, 2022 (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) Vehicle washing facilities, automatic or hand wash. (40) Veterinary clinics or animal hospitals. (41) Warehouses or distribution centers. (42) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. (2) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (3) Solar energy systems, as permitted in section 30-113. (d) Special uses. (1) Amusement parks. (2) Billboards, as permitted elsewhere in the city Code. (3) Campgrounds, travel trailer or recreational vehicle parks. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (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 30-105. (8) Telecommunication towers, as permitted in section 30-107. (9) The allowance of additional height up to a total of 100 feet, not to exceed a total of eight stories. (10) Vehicle body or paint shops. (11) Wind energy conversion systems, as permitted in section 30-113. (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 Page 2 of 3 Chapter 30 Amendment Regarding C-2, Highway Commercial District May 11, 2022 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, storage areas, and 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: 60 feet, not to exceed five stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: 25 feet. b. Rear yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. c. Side yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. (5) Minimum open space: 15 percent of the lot area. Page 3 of 3 Planning & Zoning Commission PROPOSED REVISIONS TO CHAPTER 30 (ZONING ORDINANCE) REGARDING R-4, (Medium Density Multifamily Residential) FOR REVIEW -May 11, 2022 CITY of CAPE GIRARDEAU MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner r::J!..l:, MEETING DATE: May 11, 2022 COMMUNITY DEVELOPMENT SUBJECT: Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District Attached is a proposed amendment to the R-4, Medium Density Multifamily Residential District regulations in the Zoning Code (Chapter 30 of the City's Code of Ordinances). The key changes are as follows: • A paragraph entitled "Parking regulations" has been added at the end of the section . All of the other residential zoning districts contain this paragraph. It is believed that this paragraph was inadvertently omitted when the R-4 regulations were last amended . If the Commission supports the amendment, then it may recommend approval as submitted or with changes. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District May 11, 2022 TEXT TO BE DELETED IS SHOWN IN HRIKliTMROUC.M TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Page 1 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District May 11, 2022 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 18 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. {d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted in section 30-113. (5) Residential treatment facilities. (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 30-105. {e) Height, area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. Page 2 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District May 11, 2022 (2) Minimum lot area : a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses : 3,750 square feet . (3) Maximum density : 18 units per one acre . Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse : 20 feet. b. All other uses : None . (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses : 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet . c. Side yard : 1. Each townhouse : None. 2. All other uses : Five feet. (6) Maximum building cove r age, including accessory buildings : 50 percent of the lot for all uses except townhouses . {7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (t} Parking regul ations. Off-street parking and loading spaces shall be provided in accordance with the requ irem ents for specific uses set forth in section 25-4 6. There sha ll be no parking, stopping, or standing of t ru cks or commercia l motor vehicles licensed fo r a gross weig ht in excess of 24,000 po unds, except as provided in sections 26-147 an d 26-298. Page 3 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District May 11, 2022 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 18 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted in section 30-113. (5) Residential treatment facilities. (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 30-105. (e) Height, area, bulk and setback regulations. Page 1 of 2 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District May 11, 2022 (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 18 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. Page 2 of 2