Loading...
HomeMy WebLinkAboutCouncil.Agenda.12-19-2022.PacketStacy Kinder, Mayor Dan Presson, Ward I Tameka Randle, Ward 2 Nate Thomas, Ward 3 Robbie Guard, Ward 4 Shannon Truxel, Ward 5 Mark Bliss, Ward 6 December 19, 2022 5:00 PM City Council Chambers City Hall 44 N. Lorimier St Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl • Individuals desiring to speak about items NOT on the agenda must register no later than 4:30 pm, on Monday, December 19, 2022, by using the form found at cityofcape.org/councfl, by emailing cityclerkgcityofcape.org, or by calling 573-339-6320. • To promote social distancing, audience seating may be reduced and spaced apart. • The use of a properly wom face covering is recommended while in the building. • Hand sanitizer is available at the building entrance. It is recommended that attendees use hand sanitizer upon entry. Invocation Pastor Zack Strong of Christ Church of the Heartland in Cape Girardeau Pledge of Allegiance Study Session No action will be taken during the study session Presentations . Southeast Missouri Pets Presentation Communications/Reports . City Council Items for Discussion • Planning and Zoning Commission Report • Appearances by Advisory Board Apphc ants • Consent Agenda Review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 1. Approval of the December 5, 2022, City Council regular session minutes. 2. BILL NO. 22-181, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the southwest comer of Lexington Avenue and Big Bend Road, in the City and County of Cape Girardeau, Missouri, from R- I to RUMD. Second and Third Readings. 3. BILL NO. 22-182, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding CBD, Central Business District. Second and Third Readings. 4. BILL NO. 22-183, an Ordinance accepting a Permanent Utility Easement from Rhodes Properties, L.C., for property located at 1701 North Kingshighway, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 22-184, an Ordinance accepting two Permanent Water Line Easements from John A. Heuer and Newbridge Properties, LLC, for property located at 1205 South Mount Auburn Road, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 22-185, a Resolution acknowledging receipt of an annexation petition for property located at 3 101 County Road 620 and setting a public hearing regarding the proposed annexation. Reading and Passage. DEV - Ryan Shrimplin 7. Acceptance of public infrastructure improvements for the Southeast Health at 650 S Mt Auburn Road, in the City of Cape Girardeau. Items Removed from Consent Agenda New Ordinances Mayor will ask for appearances after each Ordinance is read. Individuals who wish to make comments regarding the item must be recognized be the Mayor/Mayor Prc Tempore. Each speaker is allowed 3 minutes and must stand at the public microphone and state his/her namc and address for the record. The timer will buzz at the end of the speaker's time. 8. BILL NO. 22-186, an Ordinance approving the record plat of Cape West Crossing East - Second Subdivision. First Reading. DEV - Ryan Shrimplin Appointments 9. Appointment to the Convention and Visitors Bureau Executive Board 10. Appointments to the Cape Girardeau Area MAGNET Board of Directors Other Business Appearances regarding items not listed on the agenda. This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager is action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tempore. Each speaker is allowed 3 minutes. Please face and speak directly to the City Council as a whole. The Mayor and Council Members will not engage or answer questions during the speaker's time at the podium. The timer will sound at the end of the speaker's time. Meeting Adjournment Closed Session The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications with its attorneys. Future Appointments and Memos Staff- Bruce Taylor, Deputy City Clerk Agenda: 12/19/2022 SUBJECT Approval of the December 5, 2022, City Council regular session minutes. ATTACHMENTS: Narne: E'k.)scdjpHon: D DRAFT 2022.12.05 ReguarSessionMiqutes.pdf MliimAes 202.2 12 05 IRI.gdair session Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 5, 2022 LL -231 STUDY SESSION — December 5, 2022 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, December 5, 2022, starting at 5:00 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, Dan Presson, Tameka Randle, Nate Thomas, and Shannon Truxel present. Robbie Guard was absent. REGULAR SESSION — December 5,2022 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, December 5, 2022, starting at 5:12 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, Dan Presson, Tameka Randle, Nate Thomas, and Shannon Truxel present. Robbie Guard was absent. ADOPTION OF THE AGENDA A Motion was made by Nate Thomas, Seconded by Dan Presson, to adopt the Agenda. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. PUBLIC HEARINGS A public hearing to consider a request to rezone property located at the southwest comer of Lexington Avenue and Big Bend Road from R- I (Single -Family Suburban Residential District) to RUMD (Residential Urban Mixed Density District). Mayor Kinder opened the hearing. Megan Andrews, representing the applicant explained the proposed project. She also addressed concerns raised at the Planning and Zoning Commission hearing. Carl Atkins, resident of 133 E,Cape Rock Dr. expressed concern regarding the addition of a development. There being no other appearances the public hearing was closed. A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding CBD, Central Business District. Mayor Kinder opened the hearing. Steven Hoffinan, Coordinator of the Historic Preservation Committee at Southeast Missouri State University and member of the Old Town Cape Board of Directors appeared in favor. There being no appearances the public hearing was closed. CONSENT AGENDA Approval of the November 21, 2022, City Council regular session minutes. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 5, 2022 LL -232 BILL NO. 22-177, an Ordinance authorizing the City Manager to execute an Amendment and Partial Release of a License and Indemnity Agreement with CWC Hospitality, LLC, for Cape West Crossings, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 22-179, an Ordinance appropriating monies for payment of employee compensation for services to be rendered during the remainder of the fiscal year ending June 30, 2023, in the City of Cape Girardeau, Missouri. Second and Third Readings. Acceptance of public Water System Improvements for the Newbridge Senior Housing at 1205 S. Mount Auburn Road, in the City of Cape Girardeau. Acceptance of public infrastructure improvements for the Cross Trails Medical Center at 2430 Golden Street, in the City of Cape Girardeau. A Motion was made by Shannon Truxel, Seconded by Mark Bliss, to approve and adopt. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. BILL NO. 22-177 will be Ordinance NO. 5604 and BILL NO. 22-179 will be Ordinance NO. 5605. ITEM REMOVED FROM CONSENT AGENDA BILL NO. 22-180, a Resolution selecting KCI Construction, Inc., to design and construct a new passenger terminal building at the Cape Girardeau Regional Airport, and authorizing the negotiation of an agreement to be presented to the City Council for approval. Reading and Passage. Airport Manager Katrina Amos introduced Bums and McDonnell project managers who serve as the City's consultants for the new terminal project. She also introduced members of the Airport Advisory Board and members of the selection team. Ms. Amos and Project Manager Jodi Cooper with Bums & McDonnell reviewed the basis of design, the selection process, and next steps. Andrew Ostrowski, resident of 131 Winterfield, appeared with concern of seismic codes. There were no other appearances. Following Council discussion, a Motion was made by Dan Presson, Seconded by Mark Bliss, to approve and adopt. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. BILL NO. 22-180 will be Resolution NO. 3520 NEW ORDINANCES BILL NO. 22-18 1, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the southwest comer of Lexington Avenue and Big Bend Road, in the City and County of Cape Girardeau, Missouri, from R -I to RUMD. First Reading. The Mayor called for public appearances regarding this Bill. No one appeared. A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 5, 2022 LL -233 BILL NO. 22-182, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding CBD, Central Business District. First Reading. The Mayor called for public appearances regarding this Bill. No one appeared. A Motion was made by Mark Bliss, Seconded by Tameka Randle, to approve. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. BILL NO. 22-183, an Ordinance accepting a Permanent Utility Easement from Rhodes Properties, L.C., for property located at 1701 North Kingshighway, in the City of Cape Girardeau, Missouri. First Reading. The Mayor called for public appearances regarding this Bill. No one appeared. A Motion was made by Dan Presson, Seconded by Shannon Truxel, to approve. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. BILL NO. 22-184, an Ordinance accepting two Permanent Water Line Easements from John A. Heuer and Newbnidge Properties, LLC, for property located at 1205 South Mount Auburn Road, in the City of Cape Girardeau, Missouri. First Reading. The Mayor called for public appearances regarding this Bill. No one appeared. A Motion was made by Nate Thomas, Seconded by Dan Presson, to approve. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. OTHER BUSINESS Appearances regarding items not listed on the agenda. Cynthia Durgan, resident of 2824 Oakshire, appeared regarding the issue of homelessness. Pete Hirtz, resident of 7 Roberts, appeared regarding mud and gravel on City streets. MEETING ADJOURNMENT A Motion was made by Dan Presson, Seconded by Tameka Randle, to adjourn. Motion passed. 6-0. Ayes: Bliss, Kinder, Presson, Randle, Thomas, Truxel. Absent: Guard. The regular session ended at 6:20 pm. Bruce Taylor, Deputy City Clerk Stacy Kinder, Mayor Staff- Ryan Shrimplin, AICP - City Agenda: Planner 12/19/2022 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the southwest comer of Lexington Avenue and Big Bend Road, in the City and County of Cape Girardeau, Missouri, from R -I to RUMD. EXECUTIVE SUMMARY The attached ordinance rezones property at the southwest comer of Lexington Avenue and Big Bend Road. The applicant is requesting that the property be rezoned from R -I (Single -Family Suburban Residential District) to RUMD (Residential Urban Mixed Density District). The City CounciTs public hearing on the rezoning request was held on December 5, 2022. BACKGROUND/DISCUSSION A rezoning application has been submitted for the property at the southwest comer of Lexington Avenue and Big Bend Road. The applicant is requesting that the property be rezoned from R -I (Single -Family Suburban Residential District) to RUMD (Residential Urban Mixed Density District). The immediately surrounding properties are zoned R -I (Single -Family Suburban Residential District) to the north, east, and south; R -I (Single -Family Suburban Residential District), R-2 (Single -Family Urban Residential District), and R-4 (Medium Density Multifamily Residential District) to the west. This area is characterized by single-family and multifamily residential uses. The Cape Vision 2040 Comprehensive Plan's Future Land Use Map shows the subject property as High Density Residential. The attached ordinance rezones the property from R -I to RUMD. The City CounciTs public hearing on the rezoning request was held on December 5, 2022. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS 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 relatively large (16 to 17 acres) and is undeveloped. The property owner would like to develop it for a mix of multifamily dwellings and two-family (duplex) dwellings. RUMD is the zoning equivalent of the Medium Density Residential future land use category in the comprehensive plan. It is less intensive than the High Density Residential future land use category. At the time the future land use map was prepared, it was anticipated that the property would be developed exclusively for multifamily dwellings. This is why the map shows the property as High Density Residential. Rezoning the property to RUMD would not be consistent with the future land use map but it would be consistent with the comprehensive plan in terms of providing a mix of housing types in this area (which already exists to a certain extent). For these reasons, the proposed rezoning is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its November 9, 2022 meeting and recommended approval of the rezoning request by a vote of 4 in favor, 2 in opposition, and 0 abstaining. PUBLIC OUTREACH BILL NO. 22-181 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LEXINGTON AVENUE AND BIG BEND ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO RUMD WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from R-1, Single -Family Suburban Residential District, to RUMD, Residential Urban Mixed Density District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and a public hearing was held on Monday, December 5, 2022; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 of this ordinance from R-1, Single -Family Suburban Residential District, to RUMD, Residential Urban Mixed Density District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single -Family Suburban Residential District, to RUMD, Residential Urban Mixed Density District, for the following described property: B and C Properties, L.L.C. - Southwest Corner of Lexington Avenue & Big Bend Road PART OF U.S.P. SURVEY 3091, SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU; THENCE NORTH 00035'45" WEST 856.77 FEET TO A FOUND IRON PIN WITH CAP FOR THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING, CONTINUE NORTH 00035'45" WEST 1755.97 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LEXINGTON AVENUE; THENCE ALONG SAID SOUTH LINE, NORTH 89046'01" EAST 297.44 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 715.00 FEET, CHORD BEARING SOUTH 67013'00" EAST 231.56 FEET, AND A CURVE LENGTH OF 232.58 FEET; THENCE SOUTH 57053'52" EAST 53.75 FEET TO THE WEST RIGHT OF WAY LINE OF BIG BEND ROAD; THENCE ALONG SAID WEST LINE ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 868.51 FEET, CHORD BEARING SOUTH 19021'56" WEST 307.50 FEET, AND CURVE LENGTH OF 309.13 FEET; THENCE SOUTH 09010'08" WEST 250.31 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1959.86 FEET, CHORD BEARING SOUTH 01048'57" WEST 501.66 FEET, AND A CURVE LENGTH OF 503.04 FEET; THENCE NORTH 84027'46" EAST 15.00 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1944.86 FEET, CHORD BEARING SOUTH 05059'33" EAST 30.91 FEET, AND A CURVE LENGTH OF 30.91 FEET; THENCE SOUTH 06026'52" EAST 306.80 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1397.39 FEET, CHORD BEARING SOUTH 02050'13" EAST 176.01 FEET, AND A CURVE LENGTH OF 176.13 FEET; THENCE SOUTH 00046'26" WEST 2.84 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 78048'15" WEST 450.31' TO THE POINT OF BEGINNING. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 of this ordinance is at the present time particularly suitable for the purposes and uses of the RUMD, Residential Urban Mixed Density District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF r 2022. ATTEST: Bruce Taylor, Deputy City Clerk Stacy Kinder, Mayor CYT Y' 'Of" CA PE Gfl?,,,4 RDEA bl, MISSOURI cl'it,v Staff RC%Jew, Ref'e,�'m� arxJ Action on Rezofiing/Spe(Jal [.,,'se Per�,,nk Appkcation No� 1446 1,0(,-'A'I'ION- Soi� thwest u rnei- oflcxi g I _,I, )�n Avenue &.1,3j �, �3 p,,�j -- - ------------- - -11 .-C--l-1-1-1111-11— - �S'T4fT'REV[E'JI`& COMAILNTS B and C. Properties, L,LC �s mquesting W rezone rhe above hs�t-�,d property ftoin R- � Nngle-f" mifly Suburban Res dell hu I') to RUMD (Res idenflal �Jd)an N'lixed Densi�y') SIHIE� STAFF RE111"I)RT FOR FA I R FTI I A Nf,'ORNIXFKY'�� ............. . — - ---- ------- citypla6pel, Date .... ..................... - ----- City Attomey, D a e ,(,-,'.1TY'A4?IAI,4GER REPERRAL 70 77YE'PLINNINGAND C0,14AIR5,51OV. ___ .. ............. . . ........ .. .. ........... .... Pkinning 8c Zoning Commissiem Pubhr�,� He�,,rring SignPosth,ig, Date: RE, ( . .... . . . 0. A111,11","'NDED A (, "TI()N,- 1"avOr Oppose Scott Blank 91 . ....... u Kevin Greaser Deivk.Jackson, Chris Martin 'Nick Martin VOTE C0I,JNT: CUIIIIIEWN"- - -.1111111-.- ......... . ..... ......... ........ ud/ LI o LI J Lj LI 44- - Favor (-','77'1ZE2V5 C'01111'411k"NII , NG A 7'AJEE77N(.;: . . ........ - 11 - .2 Date Public Ilewring L)ale: ,,twir Oppose Abstain Sommer %,Ic(L"'�,,�L��C,:)�-11�,�'(IUe U u j N,It,,,Ijssa Stickel u Sid Whittington Q Deborah, Young u Oppose U Q Abstain GO,, CouncilAction Posting Dales:S'ign, � - ------ Ne ...... Ptiblic Hearing Date: Ordinance I" Readhilk ... . .. . .......... -- - - . .......................... . . . ordiimince 2"' & 3 rd Reading: vo,rE COUNT: Favor . ...... . Oppose Abstain ORDINANCE# Effective Date: Rezoning Request - SW Corner of Lexington Avenue & Big Bend Road Rezoning Request - SW Corner of Lexington Avenue & Big Bend Road RE"ZC)MI4G / SPECIAL 'USE PERIMMT APPLICACTION CAPIE GIRARDEAL) C I I Y oI Iv v Op r�4, "m NI LOIRWHER S �, CAPE lw�iO fj��Vao (b,'�I) 339 611112 Property Addressi/Locatilon SOUthWeSt comer of Lexington AverWe and Dg ["3end Road Applicant B -,"md (,,' FIroperl�es, LA_C, N4aifing Address (38 P4ATCHEZ TRACLZ (I Jty" State, Z�p SCOTT DTY, MO 63-780 T(fliephone (573) 4,5)0-92 10 Hxc1r.)Hr.,,i�.`Pyaf w.com Contaclt Pir�rson ff Applicant is a Business or Oryonizotion) CHR6 L�X / FIENFRY HOLARELI.) S-7�� -cdrj - 1, 2., 6�, C�7 Type of Request 0 Rezoning L-3 Sped 1 Sj7 in , ming District R-11 Use Permit 13 Both PropertV Owner of Recc�rd ffian Applicvnl� . .............. CAV, State, Z�p NlAifiing Addres,,,-, I'Oephorw I Eiv'nafl (Atk7ch odditional owners injorrnation" ij necessary) Proposed Zonhig District (Rezoining requests orfly) RLJMD Legal descripfloin of property to be rezoned and/or upon which the special use i�s to be conducted -SEE A FTACHEID . . . .. ....... . . ....... . . ........ ­­ ........... ............. .......................... Describe the piroposed use of the PrOperty. A rnix of, apartment arid duplex bILMdings, Apprrjx�rnately 20 du[Aex(.,,,!s (40 units) and 9 apartnie�nt b�.Aldings (102 UrlitS)� A conceptuM �ayout iS i�IC�Uded with the submitlaL Applicaticm corytinues on next poge OFACE USE ONLY G, 7� MUMS Aj)�.dicaflor� # Date Received & By 4. x, ........... . . . ........ . ......... . J_�,140 rAIJN6 �)en'rdt N ............... . I'll I I'll, �� . ............. . . ..... . ....... . .... 4� I LlCmfit.Card JCasIh AppH(�abw) Fee Re1�,,6vo,J',,____j, 11 eck # Ralmhle & zor�hlg Cm'rwrJssk-)n Recommendation __, ............ DaU,� G�y Coiurid� F4-�a� Aobn ............ ........... . . . . ........... Date Q/21�21021 ............ Special Use Criteria (Special Use Peirrydt requests oinly) 1-.'xp�crin how thc� sj,')ef,'kj1 u5V permit rrieetF the critt'ria belovi", "iffach adidWonafsheers, 1) The proposed use wdi not rubstcintialty �ncrerase, traffic hcizurds or congesbryll 2) Me 1,,>ioposed special use will riot substarth.,fily incicase fire hazardr;. 3) The proposed sjxcia� �ww will not advefs�'-"/Y r-�fject the charac'ter of the rwighbotho�'..)d. 4) The proposed special use MY not adversely offect the general �,velfrve c)f the conimunity 5) Fhe propose,,�,cl 5pecial use MH not overtox public utffitws .............. .. ..... ADDITIONAL I T'EMS �n aiddffior� to this conioeted appkcation form, the f0owing items rnust bf,2 SUbirrated� REQUIRED Application fee ($135,00 payaWe to City of Cape GirardeaU + additional $80 for Pianned Development rezonings) List M adjacent property owners (see Instructions - --- --- fi, r requ irs? rnen ts) se�'� instructions for more One (1) SE�t of n'iafling enw,,kapes, starnped and addressed to adjacent property own(-'�rs OnFe (1) fuH size copy of a 1,,)�at or survey of the property, if avaHaWe Onir,:� (1) ftfll size of p�ans, drawn to �,,in appror,.�riate scMe, ciepicting existing haa,�,,ures to t)c� rernoved, existing featUrr,,�s to rernain, and 0 propo�ried feavjr(,�S such as�� buik.'Ih'�gs and %trrjcb.�res, paved areas, ic�,irb�ng, driw:�Ways, parkkigstafls, trash endrisures, 1ences, ret'-drdng wafls' hghi: poles, Mention bas�ns,, �andscaping a�reai, freestandh'ig, (ACr (Planned Development rezonings airid Uscr, Penrfts oniy) One (1) set of Manned Dev(,Ioprnent cLocurnents (Planned Deve�oj.')rnent rezordngs onty) CERTIFICATIONS -Fire urrders�gned hereby cerbhes that� 1) 1hey are tf-�e Property Owner(s) (A Record for the pn:)p(',,,rty desc6bed in this apphcat�onl� 2) They ackinoMedge tN.it the, spedal use, perinit, ff approved, Ml becom�.'� nuH and void if OIE! Use iW which the permit was granted does not cornmence within twe�ve (12) moinths of the approval date, urfless an extension has been granted� and 3) They acknowliedge that they are respionsible foi ensuring that all reqiAred �icenses and 1',)errnits are ot,'Aa�ned pricK to comawricing any use oir work cm the property. q^ -7 . .............................. . .... ....... . . .. . ............. . --- - ----------------------- . . .... Property Owner of Record Signature and Phnted Name Date (Provide additiorsol owrwrs 5ignc)tures and printed nafnes in the space below, (f applicable) The undersigned hereby cc�rdfies that they are an agent dWy authorized by the Property Owner(s) of Reclord to fflo,-� tNs appiic,ation oin th6r behalf, and that the Property Owner(s) of Record hereby agree tc'i the above cerfificabons, Appficant Signature and Printed Narne Datie R't�'(ised � 2 /2 1/ 2 C)"?l B and C Properties, L.L.C. — Southwest Corner of Lexington Avenue & Big Bend Road PART OF U.S.P. SURVEY 3091, SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU; THENCE NORTH OW35'45" WEST 856.77 FEETTO A FOUND IRON PIN WITH CAP FOR THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING, CONTINUE NORTH 00-35'45" WEST 1755.97 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LEXINGTON AVENUE; THENCE ALONG SAID SOUTH LINE, NORTH 89'46'01" EAST 297.44 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 715.00 FEET, CHORD BEARING SOUTH 67-13'00" EAST 231.56 FEET, AND A CURVE LENGTH OF 232.58 FEET; THENCE SOUTH 57*53'52" EAST 53.75 FEET TO THE WEST RIGHT OF WAY LINE OF BIG BEND ROAD; THENCE ALONG SAID WEST LINE ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 868.51 FEET, CHORD BEARING SOUTH 19'21'56" WEST 307.50 FEET, AND CURVE LENGTH OF 309.13 FEET; THENCE SOUTH 09'10'08" WEST 250.31 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1959.86 FEET, CHORD BEARING SOUTH 01-48'57" WEST 501.66 FEET, AND A CURVE LENGTH OF 503.04 FEET; THENCE NORTH 84'27'46" EAST 15.00 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1944.86 FEET, CHORD BEARING SOUTH 05-5933" EAST 30.91 FEET, AND A CURVE LENGTH OF 30.91 FEET; THENCE SOUTH 06*26'52" EAST 306.80 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1397.39 FEET, CHORD BEARING SOUTH 02*50'13" EAST 176.01 FEET, AND A CURVE LENGTH OF 176.13 FEET; THENCE SOUTH 00'46'26" WEST 2.84 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 78'48'15" WEST 450.3l'TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED TRACT CONTAINS 16.84 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS, AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. Adjacent Property Owners — Lexington/Big Bend Rezoning Request Fairway Boulevard SEMO Land LLC 2008 William Street Cape Girardeau, MO 63703 1975 Big Bend Road Cletis & Ruth Hanebrink 1975 Big Bend Road Cape Girardeau, MO 63701 2070 N. Sprigg Street SEMO Legends LLC Angela Kitchens 5646 Milton Street Suite 735 Dallas, TX 75206 735 Lexington Avenue Howard & Cynthia McIntyre 735 Lexington Ave Cape Girardeau, MO 63701 790 Lexington Avenue Stephen & Sherry Brown 790 Lexington Ave Cape Girardeau, MO 63701 Lexington Avenue Villas of West Park LLC 2985 Boutin Drive Cape Girardeau, MO 63701 724 Lexington Avenue Carlos & Lachelle Diaz 416 Cedar Street Jackson, MO 63755 2052 Big Bend Road J & S Housing LLC 630 North Street Cape Girardeau, MO 63701 2010, 2028, & 2044 Big Bend Road Robert & Marsha McCormack 2010 Big Bend Road Cape Girardeau, MO 63701 2036 Big Bend Road Opal Lucas 2036 Big Bend Road Cape Girardeau, MO 63701 2006 Big Bend Road Kyle McCormack 2006 Big Bend Road Cape Girardeau, MO 63701 1976 ffig Bend Road 1,972 Big Bend Road 1968 Big Bend Road 19�64 & 1966 Big Bend Road 1959 B,ig lBe�nd Road 6,10 Ferguson Stmet 61.4 Ferg�,vson StnP(:,,,t 618 Fergluson Street Vicki Duckwofth 1,976 Big Bend Road Cape Girardeau, MO 63701 Eirnma Evans & Ty�er Woffsberger, 1972 Big Berid Road Cape Grardeau, MO 63701 Levi AmWer 1968 B,ig Bend Rmad Cape Girardeau, MO 63701 Chailes Richaird Kn.m T'I'LlSt 196�O Big Bend Road Cape Gii�ardeau, MO, 63701 Cha,rles D, Smith Trust 195�9 Big Bend Ro�ad Cape Gh'ardeau, MO 63701 C layton Reynolds 610 FE��-gUSOr) Street Cape Girardew,�, MO 63701 Haroid & h,�an Dav�s 614 Fev,gusori Street Caj,�)e Girardeau, �MO; 63701 R. Hetzel Properties LLC P.O. Box 965 Cape Girardeau, MO 6,3702 Sec. 30-57. - R-11, Single -Family Suburban Residential District. (a) Purpose. The R-1 district is intended primarily for single-family detached dwellings witb maximum density of four units per acre. It is designed to provide for quality single-family residential neighborhoods in a conventional subdivision setting, while encouraging mix of housing styles, designs and development. Certain other structures and usesecessary to serve the area are allowed as permitted uses or through the approvc-bf a special use permit, subject to restrictions intended to preserve and protecthe single-family residential character of the district. (b) Permitted principal uses. (1) Single-family detached dwelling, with only one dwelling per lot. (2) Cluster subdivisions, as permitted inchapter 25. (3) Golf courses; this shall not include separate miniature golf courses, driving range3nd other similar activities operated as a business. (4) Public parks, playgrounds, and recreational facilities. (5) Police and fire stations. (6) Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acre3f land. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of inclocErnd outdoor recreational facilities, offices of property owners' associations, anchaintenance facilities operated by a neighborhood or community organization or a propertywners' association. (8) Home for eight or fewer unrelated mentally or physically handicapped persons, includingo more than two additional persons acting as house parents or guardians who neeclot be related to each other or to any of the handicapped persons residing in thhome, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than 370 feet to any other such home. (9) A private residence licensed by the state division of family services or state departmerdf mental health to provide foster care to one or more, but less than seven, childrewho are unrelated to either foster parent by blood, marriage or adoption, providedhat all applicable building and safety codes are met, and an occupancy permit issued1herefor. (c) Permitted accessoiy uses. (1) Private garages, carports and accessory structures, as permitted inection 30-1 Ora (2) In home elderly care, with a maximum of three persons as permitted isection 30-114 (3) Home occupations, as permitted insection 30-108. (4) Home day cares, with no more than four unrelated children in a 24-hour period as permitted in -section 30-111. (5) Solar energy systems, as permitted insection 30-113 (6) Short-term use of shipping containers for accessory uses, as permitted isection 30-105 (d) Special uses. (1) Home day cares, with five or more unrelated children in a 24-hour period, as permittei3h section 30-111. (2) Libraries, on a minimum of two acres of land. (3) Cemeteries, on a minimum of ten acres of land. (4) Wind energy conversion systems, as permitted iniection 30-113 (5) Public utilities, except for buildings and accessory structures that are normal anclustomary in a zoning district which would allow other buildings of the same natures a use -by -right. (6) Long-term use of shipping containers for accessory uses, as permitted isection 30-105 (e) Height, area, bulk and setback regulations. (1) Maximum height: 21/2 stories not to exceed 35 feet. (2) Minimum lot area: 10,000 square feet. (3) Maximum density: Four units per one acre. Higher densities may be approved with duster subdivision, as permitted inchapLer 25. (4) Minimum lot width: 80 feet. (5) Minimum yard requirements: a. Front yard: 30 feet. b. Rear yard: 25 feet. c. Side yard: Six feet. (f) Parking regulations.Off-street parking and loading spaces shall be provided in accordance with the requirementsfor specific uses set forth insection 25-46. No parking, stopping, or standing of trucks or commercial motor vehicles licensecFor a gross weight in excess of 24,000 pounds, except as provided in sections26-147 and.26-298. (Code 1990, § 30-322; Ord. No. 5012, art. 4,10-2-2017) Sec. 30-62. - RUMD, Residential Urban Mixed Density District. (a) Purpose. The RUMD district is intended to provide for moderate density residential development with a mixture of housing styles and densities with a maximum 12 units per acre. These developments are characterized by single-family dwellings along with low to mediurdensity multifamily residential structures, such as duplexes, townhouses or multifamilyreas. It provides regulation to encourage innovative forms of housing developmenit adapts to both established and developing neighborhoods, as well as being a transitiorbetween single-family and multifamily areas. It intends to provide for the stabilit)pf the existing residential development located in the areas of the city, while accommodating range of compatible residential densities. This district should be located convenientto commercial uses and employment centers. (b) Permitted principal uses. (1) Single-family detached dwellings. (2) Duplexes, two-family dwelling units. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted inchapLer 25. (6) Noncommercial, not-for-profit residential neighborhood facilities, including indoCEMd outdoor recreational facilities, community centers, offices of property ownersissociations, and maintenance facilities operated by a neighborhood or community organizatioar a property owners' association. (7) Public parks, playgrounds and recreational facilities. (8) Police and fire stations. (9) Elementary and middle schools or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acre3f land. (10) Home for eight or fewer unrelated mentally or physically handicapped persons, includingo more than two additional persons acting as house parents or guardians who neeclot be related to each other or to any of the handicapped persons residing in thhome, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than 370 feet to any other such home. (111) A private resident licensed by the state division of family services or state departmen[tf mental health to provide foster care to one or more, but less than seven, childrewho are unrelated to either foster parent by blood, marriage or adoption, providedhat all applicable building and safety codes are met, and an occupancy permit iissued therefor. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted inection 30-1 Ora (2) Home occupations, as permitted insection 30-108. (3) Home day cares, with no more than four unrelated children in a 24-hour period, apermitted in -section 30-111. (4) In home elderly care, with a maximum of three persons as permitted isection 30-114 (5) Solar energy systems, as permitted insection 30-113 (6) Short-term use of shipping containers for accessory uses, as permitted isection 30-105 (d) Special uses. (1) Personal service establishments, including, but not limited to, beauty parlors, barberhops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, expreser mailing offices. (2) Retail establishments which supply convenience and specialized goods and services, including, but not limited to, groceries, bakery, package liquor, books, candy, clairyroducts, drugs, flowers, gifts, jewelry, hobby materials, meat, fish and poultrp, ewsstands, wearing apparel, shoes, clothing, toys, pipe and tobacco and video rental. (3) Restaurants and bars, excluding drive-in, pick-up, or drive-through facilities. (4) Pet grooming with sales of pet grooming products. The following are prohibited: overnig[Ftet stays, the sale or breeding of pets, and kennels. (5) Offices. (6) Public utilities, except for buildings and accessory structures that are normal anclustomary in a zoning district which would allow other buildings of the same natures a use -by -right. (7) Long-term use of shipping containers for accessory uses, as permitted isection 30-105 (e) Standards. (1) No commercial building footprint shall have a gross floor area greater than 3,500quare feet. (2) Utilitarian areas such as loading docks, mechanical equipment, storage areas and clumpsters shall be located at the rear of the building and properly screened as required iohapLer 25. (3) All structures in this district shall be constructed using materials, surfaces, texturesAnd colors that are compatible with the surrounding residential development. Consideratioshall also be given to the scale, orientation and proportion of surrounding clevelopmenDesign review shall be performed as part of the site plan review. (4) Lighting shall be designed to be directed away from any adjacent residential area. (f) Height, area, bulk and setback requirements. (1) Maximum height: a. When side yards are less than 15 feet in width, 21/2 stories not to exceed 35 feet. b. When side yards are 15 feet in width or greater, three stories, not to exceed 45 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 squarL-et. b. Duplexes: 3,750 square feet per unit. c. Single-family: 5,000 square feet. d. Multifamily: 3,750 square feet. (3) Maximum density: 12 units per one acre. Higher densities may be approved with a cluster subdivision as permitted inchapter 25. (4) Minimum lot width: a. Each townhouse: 20 feet. b. Each duplex: 20 feet. c. All other uses: 30 feet. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 20 feet. b. Rearyard: 1. Each townhouse: 20 feet. 2. All other uses: 20 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Three feet. (g) Open space, landscaping and bufferyard requirements. (1) A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) Landscaping shall be provided as required irrhapter 25. (3) A 20 -foot -wide bufferyard shall be required adjacent to any property in the AG, AG -13E, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirementsf chapter 25. (h) Parking regulations.Off-street parking and loading spaces shall be provided in accordance with the requirementsfor specific uses set forth insection 25-46. No parking, stopping, or standing of trucks or commercial motor vehicles licensecFor a gross weight in excess of 24,000 pounds, except as provided in sections26-147 and.26-298. (Code 1990, § 30-327; Ord. No. 5012, art. 4,10-2-2017) Staff- Ryan Shrimplin, AICP - City Agenda: Planner 12/19/2022 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding CBD, Central Business District. EXECUTIVE SUMMARY The attached ordinance amends the CBD, Central Business District regulations in the Zoning Code (Chapter 30 of the City's Code of Ordinances). A public hearing on the proposed amendment was held on December 5, 2022. BACKGROUND/DISCUSSION Attached is a proposed amendment to the CBD, Central Business District section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). The key changes are as follows: - The CBD section currently contains design standards for new buildings and exterior alterations and additions to existing buildings. In order to ensure these standards are being met, the City developed an administrative (staff) design review process known as CBD Design Standards Approval. This process has been in place for several years, but it has never been codified. The amendment adds a provision requiring CBD Design Standards Approval for any project subject to the design standards. - A provision requiring a Certificate of Appropriateness from the Historic Preservation Commission for qualif�riiig projects has been added. Qualif�ring projects include: demolition in whole or in part of any building (excluding demolition of condemned buildings by the City), painting an unpainted surface on the exterior of any building (excluding new construction), painting of an exterior wall and the roof, trim, or architectural features in the same color, and addition or alteration of a mural on the exterior of any building. This provision is intended to protect the unique character of the CBD (which drives downtown tourism, economic development, and community events) by adding a process to vet certain types of changes that have the potential to adversely affect it. The proposed language is based on staff observations of recent changes to CBD buildings as well as conversations with the Historic Preservation Commission, Old Town Cape, and members of the public. A public hearing on the proposed amendment was held on December 5, 2022. STAFF RECOMMENDATION The staff reports to the Historic Preservation Commission and the Planning and Zoning Commission recommended approval of the amendment. BOARD OR COMMISSION RECOMMENDATION The Historic Preservation Commission reviewed the amendment at its meeting on September 21, 2022 and recommended approval by a vote of 5 in favor, 0 in opposition, and 0 abstaining. The Planning and Zoning Commission reviewed the amendment at its meeting on November 9, 2022 and recommended approval by a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councils public hearing on the amendment was advertised in the Southeast Missourian on November 20,2022. BILL NO. 22-182 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING CBD, CENTRAL BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-65, entitled "CBD, Central Business District", of Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-65. CBD, Central Business District. (a)Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not detract from the pedestrian -oriented nature and visual appeal of the district. New buildings, as well as exterior alterations and additions to existing buildings, are required to meet certain design standards to ensure compatibility. To accommodate existing lots and provide for flexibility in the design of new development and redevelopment projects, there are no minimum lot standards or setbacks. (b) PermiLLed principal uses. (1)Art galleries or museums. (2)Auditoriums or theaters. (3)Banks or other financial institutions. (4)Banquet facilities. (5)Bed and breakfasts. (6)Commercial day cares. (7)Commercial recreation facilities. (8)Funeral homes or mortuaries. (9)Governmental facilities. (10) Health or fitness centers. (11) Hospitals. (12) Hotels or motels. 1 (13) Institutions of higher education, including universities and business, career, or technology schools. (14) Instructional schools for art, dance, music, martial arts, or other disciplines. (15) Libraries. (16) Medical marijuana dispensary facilities, as permitted in section 30-118. (17) Meeting halls. (18) Microbreweries or microdistilleries. (19) Nursing homes. (20) Offices. (21) Parks, playgrounds, or recreation facilities. (22) Personal service establishments. (23) Police or fire stations. (24) Residential treatment facilities. (25) Residential uses, excluding manufactured homes. (26) Restaurants or bars. (27) Retail or rental establishments. (28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery. (29) Transitional housing. (30) Veterinary clinics or animal hospitals, excluding livestock and kennels. (c) PermiLLed 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)Any use not meeting the requirements of subsection (e)(1) of this section which would otherwise be a permitted use in this section. (2)Excursion gambling boats or floating gambling facilities. (3)Helicopter facilities, in conjunction with a hospital. oil (4)Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5)Marinas or docks. (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)Telecommunication towers, as permitted in section 30-107. (8)The allowance of additional height up to a total of 60 feet, not to exceed five stories. (9)Wind energy conversion systems, as permitted in section 30-113. (e) SLandards. (1)All permitted uses shall be conducted entirely indoors except the following: a. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other financial institution. b. Eating or drinking facilities. c. Live musical performances or the playing of recorded music, provided that such activities do not violate other provisions of the city Code. d. Mobile food or beverage service facilities, provided that such activities do not violate other provisions of the city Code. e. Parking or loading facilities. f. Parks or playgrounds. g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a dwelling. h. Public art. i. Public recreation facilities. j. Shipping containers, as permitted in subsection (c)(2) of this section. k. Solar energy systems, as permitted in subsection (c)(3) of this section. 1. Temporary uses, as permitted in section 30-109. m. Walk-up windows for food or beverage service, provided that such activities do not violate other provisions of the city Code. 3 n. Waste containers, subject to screening provisions as required elsewhere in the city Code. (2)Design standards for new buildings. New buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. New buildings shall not: a. Disrupt an existing pattern of setbacks along a street; b. Disrupt an existing pattern of buildings being oriented toward a street; or c. Result in disproportionate height, scale, or massing relative to the surrounding buildings. (3)Design standards for exterior alterations and additions to existing buildings. a. Exterior alterations and additions to existing buildings shall be compatible with the architectural character of the building being altered or added to in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Remove, materially alter, or obscure significant character -defining features such as parapets, cornices, belt courses, corbels, quoins, and patterned brickwork; 2. Remove, materially alter, or obscure non -storefront wall openings in a manner that disrupts an existing wall opening pattern on a public -facing building elevation; 3. Reduce or expand non -storefront wall openings to fit replacement windows or doors, except for minor shimming; or 4. Replace double -sash windows or divided light windows with windows consisting of a single, undivided light. b. Exterior alterations and additions to existing buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Disrupt an existing pattern of setbacks along a street; I 2. Disrupt an existing pattern of buildings being oriented toward a street; or 3. Result in disproportionate height, scale, or massing relative to the surrounding buildings. (f) Height, area, width, density, setback, and open space requirements. (1)Maximum height: 40 feet, not to exceed three stories. (2)Minimum lot area: None. (3)Minimum lot width: None. (4)Maximum density: None. (5)Minimum setbacks: a. Front yard: None. b. Rear yard: None. c. Side yard: None. (6)Minimum open space: None. i's' hereby, reppal,ed in, its entirety and a new Section 30-65, entitled "CBD, Central Business District", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 30-65. CBD, Central Business District. (a)Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not detract from the pedestrian -oriented nature and visual appeal of the district. New buildings, as well as exterior alterations and additions to existing buildings, are required to meet certain design standards to ensure compatibility. To accommodate existing lots and provide for flexibility in the design of new development and redevelopment projects, there are no minimum lot standards or setbacks. (b) Permitted principal uses. (1)Art galleries or museums. (2)Auditoriums or theaters. (3)Banks or other financial institutions. (4)Banquet facilities. (5)Bed and breakfasts. 5 (6)Commercial day cares. (7)Commercial recreation facilities. (8)Funeral homes or mortuaries. (9)Governmental facilities. (10) Health or fitness centers. (11) Hospitals. (12) Hotels or motels. (13) Institutions of higher education, including universities and business, career, or technology schools. (14) Instructional schools for art, dance, music, martial arts, or other disciplines. (15) Libraries. (16) Medical marijuana dispensary facilities, as permitted in section 30-118. (17) Meeting halls. (18) Microbreweries or microdistilleries. (19) Nursing homes. (20) Offices. (21) Parks, playgrounds, or recreation facilities. (22) Personal service establishments. (23) Police or fire stations. (24) Residential treatment facilities. (25) Residential uses, excluding manufactured homes. (26) Restaurants or bars. (27) Retail or rental establishments. (28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery. (29) Transitional housing. (30) Veterinary clinics or animal hospitals, excluding livestock and kennels. (c) PermiLLed accessory uses. (1)Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. I (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)Any use not meeting the requirements of subsection (e)(1) of this section which would otherwise be a permitted use in this section. (2)Excursion gambling boats or floating gambling facilities. (3)Helicopter facilities, in conjunction with a hospital. (4)Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5)Marinas or docks. (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)Telecommunication towers, as permitted in section 30-107. (8)The allowance of additional height up to a total of 60 feet, not to exceed five stories. (9)Wind energy conversion systems, as permitted in section 30-113. (e) SLandards. (1)All permitted uses shall be conducted entirely indoors except the following: a. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other financial institution. b. Eating or drinking facilities. c. Live musical performances or the playing of recorded music, provided that such activities do not violate other provisions of the city Code. d. Mobile food or beverage service facilities, provided that such activities do not violate other provisions of the city Code. e. Parking or loading facilities. f. Parks or playgrounds. g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a dwelling. 7 h. Public art. i. Public recreation facilities. j. Shipping containers, as permitted in subsection (c)(2) of this section. k. Solar energy systems, as permitted in subsection (c)(3) of this section. 1. Temporary uses, as permitted in section 30-109. m. Walk-up windows for food or beverage service, provided that such activities do not violate other provisions of the city Code. n. Waste containers, subject to screening provisions as required elsewhere in the city Code. (2)Design standards for new buildings. New buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. New buildings shall not: a. Disrupt an existing pattern of setbacks along a street; b. Disrupt an existing pattern of buildings being oriented toward a street; or c. Result in disproportionate height, scale, or massing relative to the surrounding buildings. (3)Design standards for exterior alterations and additions to existing buildings. a. Exterior alterations and additions to existing buildings shall be compatible with the architectural character of the building being altered or added to in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Remove, materially alter, or obscure significant character -defining features such as parapets, cornices, belt courses, corbels, quoins, and patterned brickwork; 2. Remove, materially alter, or obscure non -storefront wall openings in a manner that disrupts an existing wall opening pattern on a public -facing building elevation; 3. Reduce or expand non -storefront wall openings to fit replacement windows or doors, except for minor shimming; or 11 M (5) 4. Replace double -sash windows or divided light windows with windows consisting of a single, undivided light. b. Exterior alterations and additions to existing buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Disrupt an existing pattern of setbacks along a street; 2. Disrupt an existing pattern of buildings being oriented toward a street; or 3. Result in disproportionate height, scale, or massing relative to the surrounding buildings. CBD design standards approval. a. Except as provided for in subsection (e)(5) of this section, CBD design standards approval shall be required for any new building or any exterior alteration or addition to an existing building, excluding signs and ordinary maintenance and repair. b. Application for CBD design standards approval shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed administratively in accordance with procedures established by the city manager. Certificate of appropriateness. a. A certificate of appropriateness shall be required for any of the following: Demolition in whole or in part of any building, excluding any building demolished by the city pursuant to chapter 7, article XIII of this code; 2. Painting of an unpainted surface on the exterior of any building, excluding new construction; 3. Painting of an exterior wall and the roof, trim, or architectural details attached thereto or contained therein, in the same color, unless such condition already exists; or I 4. Addition or alteration of a mural on the exterior of any building. For the purposes of this section, the term "mural" means any sign or piece of graphic artwork that is painted or applied directly to a wall, roof, or other portion of a building. b. Application for a certificate of appropriateness shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed in accordance with the criteria and procedures set forth in section 30-74(j) through (r). (f) Height, area, width, density, setback, and open space requirements. (1)Maximum height: 40 feet, not to exceed three stories. (2)Minimum lot area: None. (3)Minimum lot width: None. (4)Maximum density: None. (5)Minimum setbacks: a. Front yard: None. b. Rear yard: None. c. Side yard: None. (6)Minimum open space: None. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 1 2022. 10 ATTEST: Bruce Taylor, Deputy City Clerk 11 Stacy Kinder, Mayor Chapter 30 Amendment Regarding CBD, Central Business District November 9, 2022 TEXT TO BE DELETED IS SHOWN IN 5-;T-R'Kr--T.14RQ- 1UQw TEXT TO BE ADDED IS SHOWN IN iU�111]1) ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Page I of 5 Chapter 30 Amendment Regarding CBD, Central Business District November 9, 2022 Sec. 30-65. CBD, Central Business District. (a) Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not detract from the pedestrian -oriented nature and visual appeal of the district. New buildings, as well as exterior alterations and additions to existing buildings, are required to meet certain design standards to ensure compatibility. To accommodate existing lots and provide for flexibility in the design of new development and redevelopment projects, there are no minimum lot standards or setbacks. (b) Permitted principal uses. (1) Art galleries or museums. (2) Auditoriums or theaters. (3) Banks or other financial institutions. (4) Banquet facilities. (5) Bed and breakfasts. (6) Commercial day cares. (7) Commercial recreation facilities. (8) Funeral homes or mortuaries. (9) Governmental facilities. (10) Health or fitness centers. (11) Hospitals. (12) Hotels or motels. (13) Institutions of higher education, including universities and business, career, or technology schools. (14) Instructional schools for art, dance, music, martial arts, or other disciplines. (15) Libraries. (16) Medical marijuana dispensary facilities, as permitted in section 30-118. (17) Meeting halls. (18) Microbreweries or microdistilleries. (19) Nursing homes. (20) Offices. (21) Parks, playgrounds, or recreation facilities. (22) Personal service establishments. (23) Police or fire stations. (24) Residential treatment facilities. (25) Residential uses, excluding manufactured homes. (26) Restaurants or bars. (27) Retail or rental establishments. (28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery. Page 2 of 5 Chapter 30 Amendment Regarding CBD, Central Business District November 9, 2022 (29) Transitional housing. (30) Veterinary clinics or animal hospitals, excluding livestock and kennels. (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) Any use not meeting the requirements of subsection (e)(1) of this section which would otherwise be a permitted use in this section. (2) Excursion gambling boats or floating gambling facilities. (3) Helicopter facilities, in conjunction with a hospital. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Marinas or docks. (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) Telecommunication towers, as permitted in section 30-107. (8) The allowance of additional height up to a total of 60 feet, not to exceed five stories. (9) Wind energy conversion systems, as permitted in section 30-113. (e) Standards. (1) All permitted uses shall be conducted entirely indoors except the following: a. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other financial institution. b. Eating or drinking facilities. C. Live musical performances or the playing of recorded music, provided that such activities do not violate other provisions of the city Code. d. Mobile food or beverage service facilities, provided that such activities do not violate other provisions of the city Code. e. Parking or loading facilities. f. Parks or playgrounds. g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a dwelling. h. Public art. i. Public recreation facilities. j. Shipping containers, as permitted in subsection (c)(2) of this section. k. Solar energy systems, as permitted in subsection (c)(3) of this section. 1. Temporary uses, as permitted in section 30-109. Page 3 of 5 Chapter 30 Amendment Regarding CBD, Central Business District November 9, 2022 M. Walk-up windows for food or beverage service, provided that such activities do not violate other provisions of the city Code. n. Waste containers, subject to screening provisions as required elsewhere in the city Code. (2) Design standards for new buildings. New buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. New buildings shall not: Disrupt an existing pattern of setbacks along a street; b. Disrupt an existing pattern of buildings being oriented toward a street; or C. Result in disproportionate height, scale, or massing relative to the surrounding buildings. (3) Design standards for exterior alterations and additions to existing buildings. Exterior alterations and additions to existing buildings shall be compatible with the architectural character of the building being altered or added to in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Remove, materially alter, or obscure significant character -defining features such as parapets, cornices, belt courses, corbels, quoins, and patterned brickwork; 2. Remove, materially alter, or obscure non -storefront wall openings in a manner that disrupts an existing wall opening pattern on a public -facing building elevation; 3. Reduce or expand non -storefront wall openings to fit replacement windows or doors, except for minor shimming; or 4. Replace double -sash windows or divided light windows with windows consisting of a single, undivided light. b. Exterior alterations and additions to existing buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: Disrupt an existing pattern of setbacks along a street; Disrupt an existing pattern of buildings being oriented toward a street; or Result in disproportionate height, scale, or massing relative to the surrounding buildings. (4) 031) design M�jndjrds approval ILI xcel)�� as provided for in subse(Aion (e)(5) of dhis se(Aion, 031) design M�jndjrds approval shall be required for any new building or any ex��erior jfterj��ion or jddi��ion ��o an exiM�ing building, excluding signs and ordinary nijin��enjnce and repair Applicj��ion for 031) design M�jndjrds approval shall be subnii�ted ��o dhe (fl�y manager using a form provided by dhe (fl�y and con��jin all necessary infornij��ion as de��erniined by dhe (fl�y manager Such jpplicj��ion shall be processed jdniiniM�rj��ively in accordance widh procedures eM�jblished by dhe ci��y manager (5) Certifica��e of jpproprij��eness A certifica��e of jpproprij��eness shall be required for any of dhe following: Denioli��ion in whole or in part of any building, excluding any building demolished by dhe ci��y pursujn�� ��o chjp��er 7, article XIIIIII of dhis code; [Ijin��ing of an unpjin��ed surface on dhe ex��erior of any building, excluding new conM�rwtion; Page 4 of 5 Chapter 30 Amendment Regarding CBD, Central Business District November 9, 2022 3 [Ijin��ing of an ex��erior will and dhe roof, or jrchi��&Aurjl de��jils j�tjched dhere��o or con��jined dherein, in dhe same color, unless such condi��ion already exis��s ; or 4 Addi��ion or jfterj��ion of a mural on dhe ex��erior of any building [�or dhe purposes of dhis s&��fioii, t�')e teiniri 'iiriuira�" iriewis any sign or piece of graphic artwork dhj�� is pjin��ed or applied direcdy ��o a will, roof, or odher portion of a building b Applicj��ion for a certifica��e of jpproprij��eness shall be subnii�ted ��o dhe ci�y manager using a form provided by dhe (fl�y and con��jin all necessary infornij��ion as de��ernlined by dhe (fl�y manager Such jpplica��ion shall be processed in accordance widh dhe crfl�erij and procedures se�� forth in se(tion 30-74(j) Uhrough (r) Height, orea, width, density, setback, ond open spoce requirements. (1) Maximum height: 40 feet, not to exceed three stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Maximum density: None. (5) Minimum setbacks: a. Front yard: None. b. Rear yard: None. C. Side yard: None. (6) Minimum open space: None. Page 5 of 5 Staff- Amy Ferris, PE, City Engineer Agenda: 12/19/2022 SUBJECT An Ordinance accepting a Permanent Utility Easement from Rhodes Properties, L.C., for the McDonalds at 1701 N. Kingshighway, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION The City Requires a Permanent Utility Easement from Rhodes Properties, L.C., for 1701 N. Kingshighway, as part of the construction and acceptance of public improvements to serve the newly constructed McDonalds. FINANCIAL IWACT The easement was donated. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City the right to excavate, build, construct, operate, maintain, and repair the sanitary sewer system and its related components in the easement area. STAFF RECOMMENDATION Staff recommends Council approve the attached Ordinance accepting a Permanent Utility Easement from Rhodes Properties, L.C., for the McDonalds at 1701 N. Kingshighway, in the City of Cape Girardeau, Missouri. ATTACHMENTS: BILL NO. 22-183 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM RHODES PROPERTIES, L.C., FOR PROPERTY LOCATED AT 1701 NORTH KINGSHIGHWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Permanent Utility Easement from Rhodes Properties, L.C., for property located at 1701 North Kingshighway, in the City of Cape Girardeau, Missouri, described as follows: Permanent Utilitv Easement That part of the Grantor's land lying in Lot 2, Rhodes Mount Auburn Subdivision Number 2, a subdivision recorded in Document No. 2020-15155 in the land records of Cape Girardeau County, Missouri and being more particularly described as follows: COMMENCING at a calculated point not set, said point being the NW Corner of Lot 2 of Rhodes Mount Auburn Subdivision Number 2, Document # 2020-15155, and being in the center of a concrete drive and the west Right of Way of U.S. Highway 61/N Kingshighway. Thence with the line of Lot 2 also being the west right of way of U.S. Highway 61/N Kingshighway for the following calls: Thence S 53044'18" E a distance of 26.87' to a calculated point not set; Thence S 44040'48" E a distance of 56.98' to a calculated point not set, said point being the TRUE POINT OF BEGINNING; Thence continuing with the west right of way of U.S. Highway 61IN Kingshighway, S 44040' 48" E a distance of 20.40' to a calculated point not set; Thence leaving the west right of way of U.S. Highway 61/N Kingshighway, for the following calls: Thence S 34001'01" W a distance of 133.08' to a calculated point not set; Thence N 55058'59" W a distance of 20.00' to a calculated point not set; Thence N 34001'01" E a distance of 137.08' to the point of beginning containing 0.06 Acres (2,701.57 square feet) (the "Easement Area"). ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF r 2022. Stacy Kinder, Mayor ATTEST: Bruce Taylor, Deputy City Clerk McDonald's Im FXOITJ 9 a 9 1 M 11 IKKIOIII a] AIN Ms. Amy Ferris City of Cape Girardeau 44 N. Lorimier Street Cape Girardeau, MO 63701 Dear Ms. Ferris: Kim Warburton McDonald's Corporation 110 N. Carpenter Street Chicago, IL 60607-2101 Phone: 630-623-2240 Email: kiiyi.wai,bLIrton@LIS.tiicd.coiTi RE: Cape GirardeaLl, MO 1701 N. Kings Hwy, L/C: 024-1006-11559 File #: 45918 ME= 033MM= Kimberly T. Warburton Senior Paralegal US Legal PERMANENT UNDERGROUND UTILITY EASEMENT K NOW ALL MEN BY THESE PRESENTS: RHODES PROPERTIES, LC, a Limited Liability Company, hereinafter referred to as "Grantor", in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Missouri Municipal Corporation, hereinafter referred to as the "Grantee", the non-exlusive, perpetual right, privilege, permission and authority to enter on and upon only the following described property which is solely owned by the. Grantor and located in the City and County of Cape Girardeau, Missouri, to- wit: That part of the Grantor's land lying in Lot 2, Rhodes Mount Auburn Subdivision Number 2, a subdivision recorded in Document No. 2020-15155 in the land records of Cape Girardeau County, Missouri and being more particularly described as follows: COMMENCING at a calculated point not set, said point being the NW Corner of Lot 2 of Rhodes Mount Auburn Subdivision Number 2, Document # 2020-15155, and being in the center of a concrete drive and the west Right of Way of U.S. Highway 61/N Kingshighway. Thence with the line of Lot 2 also being the west right of way of U.S. Highway 61/N Kingsbigbway for the following calls: Thence S 53'44'18" E a distance of 26.87' to a calculated point not set; Thence S 44'40'48" E a distance of 56.98' to a calculated point not set, said point being the TRUE POINT OF BEGINNING; Thence continuing with the west right of way of U.S. Highway 61/N Kingshighway, S 44'40'48" E a distance of 20.40' to a calculated point not set; Thence leaving the west right of way of U.S. Highway 61/N Kingshighway, for the following calls: Thence S 34'01'0t" W a distance of 133.08' to a calculated point not set; Thence N 55'58'59" W a distance of 20.00' to a calculated point not set; Thence N 34'01'01" E a distance of 137.08' to the point of beginning containing 0.06 Acres (2,701.57 square feet) (the "Easement Area"), The Easement Area is more specifically shown on Exhibit A attached hereto and incorporated herein. Said right, privilege, permission and authority is granted to Grantee to enter in and upon the Easement Area to maintain, repair and replace the underground water line, water meter, fire hydrant and related facilities (the "Facilities") within the Easement Area. Grantee will keep the Facilities in good maintenance and repair at its sole cost and expense. This easement and the right, privilege, permission and authority herein granted is non- exclusive, perpetual and shall run with the land. Unless otherwise �,agrccd in writing by Cirantor and McDoilald's, 1'enant under I -ease, immediately after Grantee completes any work in the F'asement Area, Grantee Nvill restore the kascinent Area to the saine or better condition as it was in before Grantee began the work. Grantee will repair any damage to Grantor's property, the Easement Area Or ally improvements thereon arising Out ot, relatecl to or as a consequence of any of' Grantee's work in the Easement Arca, Grantor covenants that Grantor is the owner in fee simple ol'the above described property and has the legal right to convey same, IN wiTNESS WHEREOF, the undersigned llaVC CXeCUted this easement this day of , 2022. GRANTOR: RHODFS PROPERTIES, LC B y, N: a I'll e - I �X Pvr-V/j,1 1v,,,vV1t , Title: A/) 6, STATE OF A1455mri COUNTY OF CLqX,-.GjU ) ss. BE 1'r REMEMBERED, that on this —ftday of' Jimav N -LLur- , 202dbefore me, the undersigned notary public, personally appeared.. — '04-F i�i ��- C-1-- ............ . —, who being by me duly sworn, did state that he/she i,s the authorized representative for Rhodes Properties, LC, a Limited Company, and that the within instrument was executed oil behalf of said Rhodes Properties, I -C, a Limited Liability Con-ipany, and acknowledged that he/she has executed the same Im- the purposes therein contained. IN W117NESS WHEREOF, I have hereunto set my ]land aild affixed illy official sea], the date last, ab�ove written. My Commission Expires: JILL RAYBURN Notary Public, Notary SeM Sla�e of Missomi Car -ie Girardeau Counly Commisslon # 17003125 My (,ornmission Expires 06-19-2025 F N( , ry Pub 1, 14 4-110PIL11 Notary Pr I ined' arne CONSENT ANI)JOINDER The undersigned, McDonalds USA, LIX, a I)e1aware limited liability company, ("McDonald's"), is Ific] I cnant under that certain (3round I -ease dated May 18, 2020, cgs amended by that certain First Amendinent to Ground Lease dated Decernber 3, 2020 and that certain Second An-tendment to Ground Lease dated January 25, 2021, as SUpplCtnerItCd b)1 that M-tain SUPIACineilt to I,ease dated August 20, 202 1 and recorded with the Recorder of Deeds of Cape Girardezm COL111ty, M iSSOUri as Document 4202 1 - 121061 (collectively, the 'Tease"). MeDonald's, as the Tenant under the Lease, hereby Joins in, consents to, and agrees to be bound by the terins and provisions of that certain Permanent Underground Utility Easement to which this Consent arid Joinder is attached. herein. McDonald's hereby execu(es this Consent and Joinder for- the purposes set t7orth McDONAI.,D'S: McDONALWS USA, IAX, a Delawa -elimited fiability company f,3y.- . . .......... Name: 3Weridan, ggrey . . ....... Tide� sellior COMM16.1 Da I e-, __jjW22_ STA"IT 01,' 11,L]NO�IS Ss. COUNTY OF COOK BE IT REMEABERED, that oil this ist day of November 202L before tne, the undersigned notary public, personally appeared Breadan Ca�9y._____ "", who being by nie duly sworn, did state that he/khx is the authorized representative for McDonald's USA, LLC, a Delaware limited liability company, and acknowledged chat heW has executed the sarne for the pUrposes, therein contained. IN WITNESS WHEREOF, I have 1-tereunto set my hand and affixed my official seaL the date last above written, My Commission Expires: 5/29)24 PlintedNarne� Kinmb�,e�byrtqn- oFFiCIAL KIMBERLY T WARBURT NOTARY PUBLIC - STATE OF JWNOIS MY COMMISSION EXPIRES,05 4 BASIS OF SURVEY DATOM '("ARS PER 100DOT C, LOT 1 NErwORK RHODES MOUNT AUBURN SUB. NUM 2 DOC # 201201-15155 NOW OR FORMERLY RHODES PROPERTIES, LC DOC 4 2017-011101 CALCULATED �OINTN6T'SET (Typ�) POINT OF COMMENCEMENT - NW CORNER OF LOT 2, RHODES MOUNT P AUB,UR SUB. NUM 2 'N -'bOC #2020-15115 06 07, N, 01 lb A, 0 lb C:) LOT 2 RFt,01DES MOUNT AUBURN SU,B. NUM, 2,�' c 0 N'v D S F 12 0 �2 M 0 IN v' U DOC#20?�0'151 5 NOW OR FORMERLY RH'l0DES PP,'OPERTlES,"LC' P�O.Fs. DOC*2017-01101 20A0' S 44'40'48" E 'Z 0 �3 /7 41 Bm 0 ..... ........... . . ...... PWOM KIM 310 15 0 30 60 M.McDonald's USA, LLCe Th... dru.&W. ond v. th. o.rGd-tW -d ppM.ry proprly 0 ............................ . . . ftDo"Id'o C."=rzd .,h.11 -N b- --pi-d W P�dvcW �ftwt .0"- oukh.,– �ntj... Th. urno, a wore Frapaod ror uoo on this spacific go- �Jh KA ]"�a dall, -d Wftbl. f., u,�. - o 4iffamot oil. .�t I.Wr tir" U- .9 U... dr -Ing. f., %.ml. % mompl%o� p -j -t V&— lh. '] s d. ce oi om uX"' fl".d ;.1hitd. —tl ..g —, P�4klcvom f lht ft.brd ant. W -.th.r )..t 00homud, o f M McDONAt.D'S 47 U I NOR T H L(t4G 9 11 GHWM, C'�"�T,'jinARRXAU MO 03 703 BINWWNTAYLOR 1� J T 10 1 Y E LX i �iSm r QL11NM M N, U N4 B ER . ....... 4-25-22 F.I'lAr-� . . ........ 'Ell PE - 30148 DRAV94 $j V; M ALLLN E "u". E'-] 7 AMERICAN ENGINEERS, INC, AMERICAN ENGINEERS, ]INC. 20' UTILITY EASEMENT 0. 0 7 A CRE EASEMENT WHAT THE COMPANY SENT AS THE OPENING PARAGRAPH. A certain easement lying in the City of Cape Girardeau, Cape Girardeau County, Missouri. Said Easement being recorded in Cape Girardeau County Recorder of Deed's Office. Said easement is more particularly described as follows: WHAT TERES REWROTE & INCLUDED ON THE PUE AGREEMENT.. That part of the Grantor's land lying in Lot 2, Rhodes Mount Auburn Subdivision Number 2, a subdivision recorded in Document No. 2020-15155 in the land records of Cape Girardeau County, Missouri and being more particularly described as follows: COMMENCING at a calculated point not set, said point being the NW Corner of Lot 2 of Rhodes Mount Auburn Subdivision Number 2, Document # 2020-15155, and being in the center of a concrete drive and the west Right of Way of U. S. Highway 6 1 /N Kingshighway. Thence with the line of Lot 2 also being the west right of way of U.S. Highway 61/N Kingshighway for the following calls: Thence S 53'44'18" E a distance of 26.87' to a calculated point not set; Thence S 44'40'48" E a distance of 56.98' to a calculated point not set, said point being the TRUE POINT OF BEGINNING; Thence continuing with the west right of way of U.S. Highway 6 I/N Kingshighway, S 44'40'48" E a distance of 20.40' to a calculated point not set; Thence leaving the west right of way of U. S. Highway 6 1 /N Kingshighway, and creating new lines with the subject tract for the following calls: Thence S 34'01'01" W a distance of 133.08' to a calculated point not set; Thence N 55'58'59" W a distance of 20.00' to a calculated point not set; Thence N 34'01'01" E a distance of 137.08' to the point of beginning containing 0.06 Acres (2,701.57 square feet). 65 Aberdeen DrIlve � Glasgow, KY � 42141 � www.ae�,c.c Staff- Amy Ferris, PE, City Engineer Agenda: 12/19/2022 SUBJECT An Ordinance accepting Permanent Water Line Easements for Newbridge Senior Living at 1205 S. Mount Auburn Road, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION Water Main Easements were required as part of the construction of the water main extension, from both Newbridge Properties, LLC and the adjacent property owned by John A. Heuer. FINANCIAL IMPACT The easements were donated. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City the right to excavate, build, construct, operate, maintain, and repair the water system and its related components in the easement area. STAFF RECOMMENDATION Staff recommends Council approve the attached Ordinance, accepting Permanent Water Line Easements for Newbridge Senior Living at 1205 S. Mount Auburn Road, in the City of Cape Girardeau, Missouri. ATTACHMENTS: Narne: 11..)es C."d 1p� ii (XI D PWE 1205 S Mt Aubum Neabfidge.doc Ordliinance D SIGNED PWE NEWBRIDGE WATERUNE EASEMENT Heuer.pdf EXe(.XA(.1.d agir'(x)irY*)n� 11 IeUer' D SIGNED PWE NEWBFdQGE WATERUNE EASEMENT _Ampur.pdf EXe(.XA(.1.d agir'(x)irY*)n� ArYTIOLAr' D (DOD I-leuer Property_ -_Legal Qescp�)tion.do - le.gal descirilphon 11 IeUer' D COOD Newbfidge Property - Legal Qescp�)fion.doc le.gal descirilphon ArYTIOLAr' BILL NO. 22-184 ORDINANCE NO. AN ORDINANCE ACCEPTING TWO PERMANENT WATER LINE EASEMENTS FROM JOHN A. HEUER AND NEWBRIDGE PROPERTIES, LLC, FOR PROPERTY LOCATED AT 1205 SOUTH MOUNT AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, two Permanent Water Line Easements from the following property owners for property located at 1205 South Mount Auburn Road, described as follows: WATER LINE EASEMENT FROM JOHN A. HEUER A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF U.S.P.S. NO. 222; THENCE S 830 44' 25" E, 720.62 FEET ALONG THE SOUTH LINE OF U.S.P.S. 222 TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF SOUTH KINGSHIGHWAY; THENCE N 220 09' 40" E, 456.09 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN DOCUMENT NO. 2017-09254; THENCE N 680 05' 42" W, 10.00 FEET ALONG THE NORTH RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, N 680 05' 42" W, 23.24 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE, N 570 12' 21" E, 40.49 FEET TO THE WEST SIDE OF AN EXISTING 10 FOOT WIDE EASEMENT RECORDED IN BOOK NO. 426 AT PAGE NO. 436; THENCE S 220 10' 37" W, 33.04 FEET ALONG THE WEST LINE OF SAID EASEMENT TO THE POINT OF BEGINNING, CONTAINING 384 SQUARE FEET, MORE OR LESS. WATER LINE EASEMENT FROM NEWBRIDGE PROPERTIES, LLC A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION NO. 222 WITH THE SOUTH RIGHT ROAD, FROM WHICH A 1/2" IRON CORNER OF SAID U.S.P.S. BEARS THENCE ALONG THE SOUTH RIGHT ROAD THE FOLLOWING COURSES AND OF THE WEST LINE OF U.S.P.S. OF WAY LINE OF PIN (FOUND) AT S 060 17' 20" W, OF WAY LINE OF DISTANCES: S. MT. AUBURN THE SOUTHWEST 141.05 FEET; S. MT. AUBURN N 470 19' 21" E, 123.45 FEET; THENCE S 420 40' 39" E, 10.00 FEET; THENCE N 470 19' 21" E, 19.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 560.00 FEET AND A CENTRAL ANGLE OF 480 55F 07"; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 478.12 FEET; THENCE S 290 50' 08" E, 37.16 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 790 24' 16" AND FROM WHICH A RADIAL LINE BEARS, S 780 41' 31" E; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 103.94 FEET; THENCE S 680 05F 47" E, 121.77 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE, S 210 54' 13" W, 10.00 FEET; THENCE N 680 05' 47" W, 54.00 FEET; THENCE S 210 54' 16" W, 7.00 FEET; THENCE N 680 05' 47" W, 10.00 FEET; THENCE N 210 54' 15" E, 7.00 FEET; THENCE N 680 05' 47" W, 74.61 FEET; THENCE N 450 35' 47" W, 38.23 FEET; THENCE N 230 05' 47" W, 87.63 FEET; THENCE N 680 05' 47" W, 12.10 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 220 OOF 13 AND FROM WHICH A RADIAL LINE BEARS S 030 24F 06" W; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE 211.22 FEET; THENCE S 190 07' 21" E, 6.98 FEET; THENCE S 700 52' 39" W, 10.00 FEET; THENCE N 190 07' 21" W, 6.98 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 230 02' 10" AND FROM WHICH A RADIAL LINE BEARS S 190 38' 37" E; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE, 221.13 FEET; THENCE S 470 19' 21" W, 166.12 FEET TO THE WEST LINE OF U.S.P.S. NO. 222; THENCE N 060 17' 20" E, 30.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Bruce Taylor, Deputy City Clerk 2022. Title of Document: Date of Document: Grantor(s) Name & Address: Grantee(s) Name & Address: RE' CORDER OF DEEDS COVERPAGE Permanent Water Easement Newbridge Waterline Easement October 19th, 2021 John A Heuer 1220S Mt Auburn Rd. Cape Girardeau, MO 63703 City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Legal Description: See following page. Reference Book & Page, if Required: KNOW ALL PERSONS BY THESE PRESENTS: John A. Heuer, hereinafter referred to as "Grantor", in consideration of the sum of One Dollar ($1,00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby remise and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Missouri municipal corporation, its successors and assigns, hereinafter referred to as the "City" or "Grantee", subject to the terins and conditions set forth herein, the right, privilege, permission and authority (the "Easement") to enter on and upon the following described property, which is solely owned by the Grantor and located in the City and County of Cape Girardeau, State of Missouri, to -wit: COMMENCING AT A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF U.S.P.S. NO. 222; THENCE S 83' 44' 25 " E, 720.62 FEET ALONG THE SOUTH LINE OF U.S.P.S. 222 TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF SOUTH KINGSHIGHWAY; THENCE N 221 09'40" E, 456.09 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND RE CORDED IN DOCUMENT NO. 2017-09254; THENCE N 680 05'42" W, 10.00 FEET ALONG THE NORTH RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, N 680 05'42" W, 23.24 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE, N 57-1.2'21" E, 40.49 FEET TO THE WEST SIDE OF AN EXISTING 10 FOOT WIDE EASEMENT RECORDED IN BOOK NO. 426 AT PAGE NO. 436; THENCE S 2211013711 W, 33.04 FEET ALONG THE WEST LINE OF SAID EASEMENT TO THE POINT OF BEGINNING, CONTAINING 384 SQUARE FEET, MORE OR LESS. Said Easement is granted for the sole purpose of enabling Grantee, its agents, servants and assigns to use the Easement Area to excavate, build, construct, operate, maintain and repair underground water facilities, together with all of the useful, necessary and proper adjuncts, appurtenances and appliances in connection therewith, from time to tirne, in, on, or across the Easement Area, as shown on the plans and specifications on file in the Office of the City Engineer of the City of Cape Girardeau, Missouri. This Easement is perpetual and shall run with the land. " p f,� IN WITMISS NVI IEREOF, Te umIersit,,,,ncd has executed this easement ON d"',I)l 202 1 of' CIc- John A. Heuer J� 4fe 'L -i e—r H es, ; j eN A Prinwd AM and We S T A T E Co I SS, C 0 LJNTY (OF "I Q1 131', IT REMEMBIRED, that on this day of' ------ ----- ------ 2021 111C, the Undersigned �10UH-y personally appeared John A, 11CLICr, who, being by me duly sworn, did StaLe thm he is the cmvner or said property and has 1`6r the consideration Mated hucin and no offier, and thal said instrument "as executed as the free act and deed, of said pupe, IN TESTWONY WHEREOF, I."ve hemmo set my MY and SAW my o4hchl seal at my oBlee in said Awl and State [lie date last above written. My Conlinission Expires: T/I V�Gmp P"ML L� , 65 c DMM�Sso 03 COW tvjA,,.f:,) ......... 11nnted Name of Nowry Pufluic vgs-. N (!) �o EHM z V- Edgl ISV3 IM BNOZ COCIVN'HIMON OIMD '4% z (0 A4/yej 0 a,v,' olvi/000 V41,oi ru E Z c; 5 �9 i !?� � z LLJ X 0 .a.N 0 Z :3: z o LU 0 ::E S z 0 A co, wp 200 Z z 0 w z (9 uj uj z 0 LU � 0 z z uj co 00 LL a; (,j 0 q z o NIQ: LU (6 CO LL 0) C\j 194 -ov w P/Vj 9 ci v ak z oo'? 0 AO Oj w x N LU w > _j w F- F- 0 W . "'O&ee Z Z W LL '3 z 0-0 LU F- (n (1) Z W (1) 11�1. z W LL Od 0 0 LL F - w > 0 U- w w OR LU 0 U) z V) � 0 w P F- 0 a. 00 0 z LL Z Fw-- (P 0 z w Lu L" ro F- F- 0 w C� z z CO 0 0 w LL Z Z W r- C) z F- — z (Y) 0 m z o W z 912 z 0 w 0 cl co W. - L z w z 0 rL coo L2 KNOW ALL PERSONS BY THESE PRESENTS: NEWBRIDGE PROPERTIES, LLC, a Missouri Limited Liability Company, hereinafter referred to as "Grantor", in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby remise and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Missouri municipal corporation, its successors and assigns, hereinafter referred to as the "City" or "Grantee", subject to the terms and conditions set forth herein, the right, privilege, permission and authority (the "Easement") to enter on and upon the following described property, which is solely owned by the Grantor and located in the City and County of Cape Girardeau, State of Missouri, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 222,TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF U.S.P.S. NO. 222 WITH THE SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD, FROM WHICH A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF SAID U.S.P.S. BEARS S 060 1.7' 20" W, 141.05 FEET; THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD THE FOLLOWING COURSES AND DISTANCES: N 47- 19' 21" E, 123.45 FEET; THENCE S 420 401 3911 E, 10.00 FEET; THENCE N 470 19' 21 " E, 19.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 560.00 FEET AND A CENTRAL ANGLE OF 480 55' 07"; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVEAND RIGHT OF WAY LINE, 478.12 FEET; THENCE S 290 50' 08" E, 37.16 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 79- 24' 16" AND FROM WHICH A RADIAL LINE BEARS, S 78'41'31." E; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 103.94 FEET; THENCE S 680 05' 47" E, 121.77 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE, S 21- 54' 13" W, 10.00 FEET; THENCE N 681 05'47" W, 54.00 FEET; THENCE S 21' 54' 16" W, 7.00 FEET; THENCE N 681 05' 47" W, 10.00 FEET; THENCE N 211 541 15" E, 7.00 FEET; THENCE N 68' 05' 47" W, 74.61 FEET; THENCE N 451 351 47" W, 38.23 FEET; THENCE N 231 051 4711 W, 87.63 FEET; THENCE N 681 051 4711 W, 12. tO FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 220 00' 13 AND FROM WHICH A RADIAL LINE BEARS S 030 24' 06" W; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE 211.22 FEET; THENCE S 190 07' 21" E, 6.98 FEET; THENCE S 701 52' 39" W, 10.00 FEET; I THENCE N 190 07' 21" W, 6.98 FEET TO THU, BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 55 0.00 FEET, A CENTRAL ANGLE OF 23- 02' 10" AND FROM WHICH A RADIAL LINE BEARS S 190 381 37" E; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE, 221.13 FEET; THENCE S 470 19' 21" W, 166.12 FEET TO THE WEST LINE OF U.S.P.S. NO. 222; THENCE N 060 1712011 E, 30.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS. Said Easement is granted for the sole purpose of enabling Grantee, its agents, servants and assigns to use the Easement Area to excavate, build, construct, operate, maintain and repair underground water -facilities, together with all of the useful, necessary and proper adjuncts, appurtenances and appliances in connection therewith, from time to time, in, on, or across the Easement Area, as shown on the plans and specifications on file in the Office of the City Engineer of the City of Cape Girardeau, Missouri. This Easement is perpetual and shall run with the land. (See next page for signatures) '61 Ir WFTNE'SS WHEIRE01", [lie undersigricd has cxccuted this casemcni this day ----- ---- - 2021 of, Newbridg'e Properties, LLC 'h/ k", ............... . .. Shatnela Annour 94�� c' () oc" v 401, f- - — - ----------- Printed nanic alidTitle STATE OF COL)N'T"Y ('.)F . ......... �AIYA YM a,(A BEI rr flial on dlis day ot' ...... . ... . . ....... . ...... . . .............. 2021, bel'ore nic., the undersigned notary p1lblic, personally appeared Shamela Arniour, a represent.ative oi' Newbridge Properties, LLC, who, beingy by nic dul sworn, did state thm Y he/SlIC iS [Ile UlthOH'ZOd 1-ClIresent"Itive and executed the Corcgoing iiistrumunt on bel'itilf of Newbridge Prol-xi-hes, f -U.", for the cestisideration staLed herein and no other, and that said instrunient \vas executed as the f-rce act and deed of'said IN TESTIMONY WHEREOF, I have hel-el.111to SeL illy halld and aFfixed, my officiat seal at my ol"fice in said Counly and State the date �ast above written, A My Commission Expit'es: CA, o I"o Printed Name of Notary Public LINE DIMENSION TABLE W CORNER u a p, ,,T 30 N, R 18 � ' ' ' - '-'2, POUND ltl IRON PIN WATER LINE EASEMENT EXHIBIT A PARTOF THE PARENT TRACT RECORDED IN DOCUMENT NO. 2020-00698 K co, N CURVE DIMENSION TABLE T 30 N, R 13 E, OF THE 5th RM, L. 4"liz, � 6ig--K . ... .... z R.550'w v :3 FILE: M. EXHIBITOGN CA LINE .............. i .. ............................... .12, I ......................... 254.73' CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI ............ ............ May ot, 14, 10.1m, iH * ... ... ...... 6212T, --- . .... 1"1'2 '2*1"9".0"4"* .......... �I ... W* w- e?,'- 0.26 Acre Waterline Easement "qo P.0.1 LINE DIMENSION TABLE W CORNER u a p, ,,T 30 N, R 18 � ' ' ' - '-'2, POUND ltl IRON PIN WATER LINE EASEMENT EXHIBIT A PARTOF THE PARENT TRACT RECORDED IN DOCUMENT NO. 2020-00698 K co, UNITED STATES PRIVATE SURVEY NO, 222, N CURVE DIMENSION TABLE T 30 N, R 13 E, OF THE 5th RM, � 6ig--K . ... .... z I)AIMSIPT 1%'.111 E�ii5q6 ..... FILE: M. EXHIBITOGN CAMa -010 .............. i .. ............................... .12, UNITED STATES PRIVATE SURVEY NO, 222, CURVE DIMENSION TABLE T 30 N, R 13 E, OF THE 5th RM, � 6ig--K . ... .... ... �E�bi-4 :i�Ew ............. E�ii5q6 ..... ....... . iii;;:�jq� ...... ....... .............. i .. ............................... .12, I ......................... 254.73' CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI ............ ............ May 5-OX16; 10.1m, iH * ... ... ...... 6212T, --- . .... 1"1'2 '2*1"9".0"4"* .......... �I ... W* w- 0. 60, 120' Q�Bowen'--2-1 ENGINEERING & SURVEYING �nglnmm - Land Suiveyors - Te5fing LaboratoHm =�r7 Aft M3 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fox 573 339 1391 www.bowenenigsurv.com SURVEYING Incorpoi AN EASEMENT FOR WATERLINES DESCRIBED AS FOLLOWS: A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF U.S.P.S. NO. 222; THENCE S 830 44' 25" E, 720.62 FEET ALONG THE SOUTH LINE OF U.S.P.S. 222 TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF SOUTH KINGSHIGHWAY; THENCE N 220 09' 40" E, 456.09 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN DOCUMENT NO. 2017-09254; THENCE N 680 05' 42" W, 10.00 FEET ALONG THE NORTH RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, N 680 05' 42" W, 23.24 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE, N 570 12' 21" E, 40.49 FEET TO THE WEST SIDE OF AN EXISTING 10 FOOT WIDE EASEMENT RECORDED IN BOOK NO. 426 AT PAGE NO. 436; THENCE S 220 10' 37" W, 33.04 FEET ALONG THE WEST LINE OF SAID EASEMENT TO THE POINT OF BEGINNING, CONTAINING 384 SQUARE FEET, MORE OR LESS. Consulting Civil Engineers Land Surveyors Testing Laboratories =�r7 Aft M3 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fox 573 339 1391 www.bowenenigsurv.com SURVEYING Incorpoi AN EASEMENT FOR WATERLINES DESCRIBED AS FOLLOWS: A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF U.S.P.S. NO. 222 WITH THE SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD, FROM WHICH A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF SAID U.S.P.S. BEARS S 060 17F 20" W, 141.05 FEET; THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD THE FOLLOWING COURSES AND DISTANCES: N 470 19' 21" E, 123.45 FEET; THENCE S 420 40' 39" E, 10.00 FEET; THENCE N 470 19' 21" E, 19.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 560.00 FEET AND A CENTRAL ANGLE OF 480 55' 07"; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 478.12 FEET; THENCE S 290 50' 08" E, 37.16 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 790 24' 16" AND FROM WHICH A RADIAL LINE BEARS, S 780 41' 31" E; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 103.94 FEET; THENCE S 680 05F 47" E, 121.77 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE, S 210 54' 13" W, 10.00 FEET; THENCE N 680 05' 47" W, 54.00 FEET; THENCE S 210 54' 16" W, 7.00 FEET; THENCE N 680 05F 47" W, 10.00 FEET; THENCE N 210 54F 15" E, 7.00 FEET; THENCE N 680 05F 47" W, 74.61 FEET; THENCE N 450 35' 47" W, 38.23 FEET; THENCE N 230 05' 47" W, 87.63 FEET; THENCE N 680 05' 47" W, 12.10 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 220 00' 13 AND FROM WHICH A RADIAL LINE BEARS S 030 24' 06" W; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE 211.22 FEET; THENCE S 190 07' 21" E, 6.98 FEET; THENCE S 700 52F 39" W, 10.00 FEET; THENCE N 190 07' 21" W, 6.98 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 230 02' 10" AND FROM WHICH A RADIAL LINE BEARS S 190 38' 37" E; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE, 221.13 FEET; THENCE S 470 19' 21" W, 166.12 FEET TO THE WEST LINE OF U.S.P.S. NO. 222; THENCE N 060 17' 20" E, 30.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS. Consulting Civil Engineers Land Surveyors Testing Laboratories Staff- Ryan Shrimplin, AICP - City Agenda: Planner 12/19/2022 SUBJECT A Resolution acknowledging receipt of an annexation petition from BK Investment Group, LLC for property located at 3101 County Road 620, and setting a public hearing regarding the proposed annexation. EXECUTIVE SUMMARY The City received a voluntary annexation petition for the property at 3 101 County Road 620. The property is contiguous and compact to the existing corporate limits of the City and therefore can be annexed at this time. The attached resolution acknowledges receipt of the petition and sets a public hearing for January 23, 2023. BACKGROUND/DISCUSSION The City received a voluntary annexation petition for the property at 3 101 County Road 620. The property is contiguous and compact to the existing corporate limits of the City and therefore can be annexed at this time. In order to move forward with annexation of the property, the City Council must pass a resolution acknowledging receipt of the annexation petition and setting a public hearing on the proposed annexation and zoning of the property. The attached resolution acknowledges receipt of the petition and sets a public hearing for January 23, 2023. STAFF RECOMMENDATION Staff recommends approval of the resolution acknowledging receipt of the annexation petition for 3 101 County Road 620 and setting a public hearing for January 23, 2023. ATTACHMENTS: BILL NO. 22-185 RESOLUTION NO. A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FOR PROPERTY LOCATED AT 3101 COUNTY ROAD 620 AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION WHEREAS, a Petition for voluntary annexation has been presented to the City Council of the City of Cape Girardeau, Missouri, requesting that certain property be annexed into the City of Cape Girardeau, Missouri; and WHEREAS, said Petition has been presented in accordance with Chapter 71.012 Revised Statutes of Missouri, which statute provides for voluntary annexation upon request of the affected property owners; and WHEREAS, it is the desire of the City Council of the City of Cape Girardeau, Missouri, to consider whether such property should be annexed into the City of Cape Girardeau, Missouri. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby accepts and receives a Petition for voluntary annexation of certain real estate, described as follows: 3101 County Road 620 A part of the Northwest Quarter of Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, and also a part of Lot Numbered One (1) of Cape La Croix Farms Subdivision as shown in Plat Book 17 at Page 12, County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at a 1-2" Iron Pin, being the Northeast corner of Lot No. 1 of Cape La Croix Farms Subdivision, as recorded in the land records of the County Recorder's Of f ice in Plat Book No. 17 at Page No. 12, and from which point a 1" Iron Pipe at the Northeast Corner of the Northwest Quarter of said Section No. 23 bears North 88044'23" East, 1396.11 feet; said point also being in the centerline of County Road No. 620; thence along the centerline of said County Road 620 the following courses and distances; South 17005'43" East, 160.60 feet; thence South 15018'23" East, 271.80 feet to a 1--�" Iron Pin, and being the true point of beginning; thence continuing along the centerline of said County Road 620 the following courses and distances; South 15018'23" East, 410.97 feet to a 1-2" Iron Pin; thence South 15018'59" East, 173.15 feet to a 1-2" Iron Pin at the Northeast Corner of a tract of land recorded In Book No. 766 at Page No. 277; thence along the North line of said tract South 74041101" West, 450.00 feet to a 1-2" Iron Pin at the Northwest Corner of said tract, said point being on the East line of Lot No. 1 of Cape La Croix Farms Subdivision; thence North 15018'59" West, 504.38 feet along said East line to a 1-2" Iron Pin; thence leaving said East line, North 01028'51" West, 93.18 feet to a 1-2" Iron Pin; thence North 76007'11" East, 427.92 feet to the point of beginning. LESS AND EXCEPT that part thereof conveyed to North Congregation of Jehovah's Witnesses described in General Warranty Deed dated 10/06/1999 and recorded 10/26/1999 in Book 1031 at Page 506 In Document No. 1999-15818 in the land records of Cape Girardeau County, Missouri. ARTICLE 2. In accordance with Chapter 71.012 RSMo, it is now ordered that a public hearing be set for January 23, 2023, at which hearing any interested person, corporation, or political subdivision may present evidence regarding the proposed annexation. ARTICLE 3. Notice of said public hearing shall be published in a newspaper of general circulation qualified to publish legal matters not less than seven (7) days prior to January 23, 2023. PASSED AND ADOPTED THIS DAY OF r 2022. ATTEST: Bruce Taylor, Deputy City Clerk Stacy Kinder, Mayor T'itle of Dioculment: Date of Document: Grantor(s) Narne & Address. RECORDER OF DEEDS COVER PAGE Annexabon Pefition Novernber 30, 2022 BK Investryient GMUP, LLC 80 Birldsong Drive Frc)hna, MO 63748 Grantee(s) Name & Addiiress: C�ty of Cape Girardeau 44 North Lohim�er Street Cape Grardeau, NAO 63701 Leglal Description: D K'�') �" �' M E P4 ff", 4 2 0 2 2 , 12 el,,'9 1, N 0, R U,11',dl A V I i ) U L A f, M R CINI,, F) E Gl 18"A r, L� 0 7 Y" E OFF",", 12,/ (""I'l 2 "1", 2 L 1 2 5,,,�: I M PAGFIS: See page I of Annexafion Pefitiori IN RE: ANNEXATION BK INVESTMENT GROUP, LLC, Petitioner PETITION FOR ANNEXATION 1. Comes now BK Investment Group, LLC, a Missouri Limited Liability Company, and states that it is the owner of all fee interest of record of the following described real property, being in Cape Girardeau County, Missouri: A part of the Northwest Quarter of Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, and also a part of Lot Numbered One (1) of Cape La Croix Farms Subdivision as shown in Plat Book 17 at Page 12, County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at a 1/2" Iron Pin, being the Northeast comer of Lot No. I of Cape La Croix Farms Subdivision, as recorded in the land records of the County Recorder's Office in Plat Book No. 17 at Page No. 12, and from which point a I " Iron Pipe at the Northeast Corner of the Northwest Quarter of said Section No. 23 bears North 88'44'23" East, 1396.11 feet; said point also being in the centerline of County Road No. 620; thence along the centerline of said County Road 620 the following courses and distances; South 17'05'43" East, 160.60 feet; thence South 15'l 8'23 " East, 271.80 feet to a V2" Iron Pin, and being the true point of beginning; thence continuing along the centerline of said County Road 620 the following courses and distances; South 15'18'23" East, 410.97 feet to a 1/2" Iron Pin; thence South 15'18'59' East, 173.15 feet to a Y? Iron Pin at the Northeast Corner of a tract of land recorded in Book No. 766 at Page No. 277; thence along the North line of said tract South 74'4 F0 I " West, 450.00 feet to a 1/2" Iron Pin at the Northwest Comer of said tract, said point being on the East line of Lot No. I of Cape La Croix Farms Subdivision; thence North 15' 18'5 9 " West, 504.38 feet along said East line to a 1/2" Iron Pin; thence leaving said East line, North 0 1 '28'5 1 " West, 93.18 feet to a 1/2" Iron Pin; thence North 76'0711 " East, 427.92 feet to the point of beginning. LESS AND EXCEPT that part thereof conveyed to North Congregation of Jehovah's Witnesses described in General Warranty Deed dated 10/06/1999 and recorded 10/26/1999 in Book 1031 at Page 506 in Document No. 1999-15818 in the land records of Cape Girardeau County, Missouri. 2. BK Investment Group, LLC does hereby petition to have the above described real property annexed to and included within the city limits of the City of Cape Girardeau, Missouri. 3. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent owners as well as any heirs, executors, administrators, successors, assigns, and legal representatives of the current or subsequent owners. It is understood that this Petition will be recorded in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri, and shall be of record. WHEREFORE, BK Investment Group, LLC does hereby agree that the city limits of the City of Cape Girardeau, Missouri should be extended by ordinance to include the above described real property, and that the City should take whatever action necessary to facilitate said annexation. Page 1 of 2 IN WITNESS WHEREOF, the undersigned has executed this Petition on this 30 day of ja "tim W � 20,90— BK Investment Group, LLC (Sign—a7t-irv-� u th o'y�i-777�e—pres en ta tive) L (Printed name and title ofAuthorized Representative) STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU BE IT REMEMBERED, that on this day of 20Z� before me, the undersigned a Notary Public in and for the State and County aforesaid, personally appeared I led - (name), , 0tv-76K (title), who, being by me duly sworn, did state that they are a legally authorized representative of BK Investment Group, LLC, a Missouri Limited Liability Company, and that they executed the foregoing instrument on behalf of said Limited Liability Company as its free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. LINDA FARROW NotaWPublic - Notary Seal tate of Missouri Commissioned for Cape Girardeau County My Commission Expires: June 08, 2024 Commission Number: 12539934 My Commission Expires: Page 2 of 2 OK'tur� of Notar'v Public) L, K'10— '&-(ai (Printed name of Notary Public) 3 101 County Road 620 Annexation Request Staff- Amy Ferris, PE, City Engineer Agenda: 12/19/2022 SUBJECT Acceptance of public infrastructure improvements for the Southeast Health at 650 S Mt Auburn Road, in the City of Cape Girardeau. BACKGROUND/DISCUSSION Southeast Health constructed public improvements to serve their facility at 650 S Mt Auburn Road. The public improvements consisted of water and sidewall-, infrastructure. Water 258 L.F.: 8" Diameter C-900 PVC Water Line 60 L.F.: 8" Certa-Lok Restrained Joint Water Line I Each: 8" Gate Valve I Each: Fire Hydrant Assembly Sidewalk 3399 S.F.:4" PC Concrete Sidewall-, These improvements were inspected by City Staff and were completed generally in accordance with the approved plans. FINANCIAL IMPACT The improvements were installed by private contract. Once accepted into the City's system, the City will be responsible for routine maintenance and, if necessary, any repairs. STAFF RECOMMENDATION Staff recommends the Council accept, by motion, the public improvements to serve the Southeast Health at 650 S Mt Auburn Road. ATTACHMENTS: Narne: 1..X.?.scdjphori: D 1207 Southeast Hospital West Specialty Center Water Main - Record Qrawings.pd ��&S LXAI� 1pllairi 0 SNMA'dAS V ONNIINION] LO UIYO��� Nl� UOMOG H Ullll� "ilvilO U� V,16111 P/311 S,/jlll(C6 I I IV 1111 1 Sv 1111 i'�� X� r t, --------------- ul V ONNIINION] A I", )1A I'] V Rv P,O HO bjl/�) I � v � I AY)"fl AU 11 I I IV 1111 1 Sv 1111 i'�� 6 PYM I "D H I P'll, 101,11 E 6 11�9 '00 Staff- Ryan Shrimplin, AlCP - City Agenda: Planner 12/19/2022 SUBJECT An Ordinance approving the record plat of Cape West Crossing East - Second Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a three -lot subdivision at 550 and 580 South Mount Auburn Road. BACKGROUND/DISCUSSION A record plat has been submitted for Cape West Crossing East - Second Subdivision, located at 550 and 580 South Mount Auburn Road and zoned C-2 (Highway Commercial). The plat resubdivides two lots to form three new lots. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its April 13, 2022 meeting, recommended approval of the record plat with a vote of 9 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: BILL NO. 22 - ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST CROSSING EAST - SECOND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Cape West Crossing East - Second Subdivision, being all of Lots 2 and 3 of the Record Plat of Cape West Crossing East First Subdivision per plat recorded as Document No. 2021-13333 in the Cape Girardeau County, Missouri land records lying in Township 30 North, Range 13 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, Missouri, submitted by MCP Real Estate Investments, LLC, a Missouri Limited Liability Company, and Mayson Investments, LLC, a Missouri Limited Liability Company, bearing the certification of Michael D. Zahner, a Registered Land Surveyor, dated the 2nd day of November, 2022, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF r 2023. Stacy Kinder, Mayor ATTEST: Bruce Taylor, Deputy City Clerk C 1 ITY 0FC4 PE GIRA RDEA I�j AILSS'' OWRI City Referral ,,ind Adion - Subdivision: Applicalim', I �,F: ("'ape West Crossing East- Second Subdivision [A)CA "I '10M NF Corner of",Sk. Mt. ALIbUrl-I & Shawnee Parkway ,ST,41',7'REV1EfV& C0IVfMr,,N7',5;:, A, recor(l plal, has been submitted to reconfigure three (3) I(As at (he northcast corner Of'SOUth Nfi. Aubuni Rml amJ Shmvnec Parkway, SEL, STAFF REPOR"I' FOR MORE DE"I'All-S, Z, r .. ..................... . .............. City Atto'nicyll l5ate CITY illfj Nj GER REPT,,I?RA L TO TIVE PLA NNING A NQ ZONING COMIMRSWON - City N/�,'anaj�ej, Date Planning & Zoning Comnihsion R C"TION., ]"avolir, 10pplose Abstain 1",, il v oy Opl.)ose Abstain Scott Mank. L I d" Ll Ll Melissa S�tickel ud Li U Kevin Greaser 51"" 0 Q I 'd Thon.,ipson Ll U Derek Jackson L3 Ll Sid Whittinj;ton u Ll Patrick Koetting Li Li Deborah, Young, W/' Ll U Nick Martin U/ U L-1 VOTE COUNT; Favor Oppose Abstain C I ) , (',,)4AIEN7-S.- (777ZEAI,� ("011AIENING A TMEETING: ,I,c ''K.0 Ifill, Patri . . ........ Plaiming & Zonin�,Colffimssjo�n, Secretary City CouncilAclion Ortdinctnce I" Reatling Orclinance 2 nd & Y'l Reaeling),: A1=110MIGIE Effective Date: Cape West Crossing East - Second Subdivision SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU COMMUNITY DEVELOPMENT, 44 N LORIMIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Name of Subdivision T of Plat Cape West Crossing East - Second Subdivision �E';cord lb_�Prellminary 16)oundarV Adjustment Applicant Property Owner of Record (if other than Applicant) Zahner & Associates, Inc. Mayson Investments, LLC Mailing Address City, State, Zip Mailing Address City, State, Zip 200 Zahner Place 1620 N, Kingshighway, Ste. 301 Perryville, MO 63775 Cape Girardeau, MO 63703 Telephone Email Telephone Email 573-547-1771 ilaurah@zahnerine.com 573-234-6909 linfo@maysoncapital.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Laura Hayden MCP Real Estate Investments, LLC 1610 N. Kingshighway,d Professional Engineer/surveyor (if other than Applicant) Developer (if other than Applicant) Zahner & Associates/Michael D. Zahner Mayson Investments, LLC Mailing Address City, State, Zip Mailing Address City, State, Z�p 200 Zahner Place 1620 N. Kingshighway, Ste. 301 Perryville, MO 63775 Cape Girardeau, MO 63703 Telephone Email —_ Telephone 'mail 573-547-1771 zahnergzahnerino.com 573-234-6909 inFfo@maysoncapital.com ADDITIONAL ITEMS In addition to this comp)eted application form, the following items must be submitted: REQUIRED V_ Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) Muld-Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential: $20,00 per acre ($100.00 minimum) information. V Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Ad'ustment 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 additionalfee if the actual recording cos t differs from the deposit amo un t) Two (2) full size prints of the plat Digital file of the plat in pdf format (can be emailed to cit_Vpla_rin.ing2cityofcaPe,org) V Completed minimum requirements checklist A; I ft I f; I 141-i y I Is] Z" 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 notiVed the Property Owner(s) of Record and the developer of these requirements. ,4 ��y 'd Kl�� 3 - / , P �]L, V r Applicant SiVnai#re and Printed Name Date OFFICE USE ONLY Date Received & By File # MUNIS Application H MUNIS Permit 4 Review Fee Received $ Recording Fee Received $ LJ Check # 0 Credit Card LJ Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 12/21/2021 Record Plat of Cape West Crossing East - Second Subdivision AJJ,fL,N 2 o.d 3 "f1h, N .... d Pl­?fc.p, If'-, Co,,,og Est Tist S,bdi,ismo p,,pW ­odd­ D­.­o1,V,, 2021-73333 i, th, C,,p, Ci ... d,,,,. C-orr, Almo-i I-d -d, lymg m Too -hip 30 N -1h, ftoge 13 Eo,t of1h, Fifth 1, 1h, Ott, ,d Coo.ty of Op, (W -d-, Wj . ..... i L I IND G_ '7 P, P" 0 ft" 1, . ....... ... .. GW No,1h LJ J� J?, -,h -d 110 SPCJ ASTZONE AAD 83 (2071) S, too '50 GktPH1CSC4LE -FEET V -50- SC4LE: P ------ ------ �j,C", K", L,,, BI, 4 3 Ph, 11 P, PB 1, 1, 1 D11" 11,1: 20_, - - - - - - 1, Bl,k 3 - - - - - - - - - - PB, Pg, ....... .. 2�1 P�. 113 q.L.tB 82 Atm (35,512 Sq. Ft.) _X_ P, L t 2 t-,- Sq. -- -- - - - - - - - - .. ...... ... Im, 11 7017, D11, =2 o., 2121-1 1� 11 Lot C 2.68 U... (116,667 Sq. Ft.) D, L111 -1111 P", l � 1, "," 5 111 21 , F�, 1,0 29, 111 03 A, l, 1311, P, 1� 217 o- 1 2.1 11- ...... . ... -1111 \I, 2�;71111',"'�"11 0, .......... '02, t1115 D 1, 20 -1 11.3 tI A� 2021-13393 D- -2-0-0 1 -211120 Il, 1� -2 -11 D- 2 A, M22 04261 12 ..... .. .... ­-, UO .. . .............. 4, 1 11,1111% 1.— - ,, 181, CI,,G­,d,­ Af0637I)l 11, N, ....... I .. C,-,-, 11, 11 1113-131, 1Z 2t21 11, 11 1-,1,,111-1f111,11 11, P--11, .113-11 11. 1-11-l"', Itc, -,_--,h,,-;)., I), i ...... . ... . ... . .... C-- 11, � lo 11 21-1124 0- 4-, 0-11111 1;11 'N" -1" .11 I q1, 1,1, 111, 1,-, 1 q, -11 o -.1 , 2.2 5, - ),' 1,1 dl, 1,10 1h.1 fl -d 1-d ......... . . 1 11, I -k,,, --"i P,""'I-d", 1,1,1112111 1) 2t22 It- Sheel I of2 �C2111� Prepared Zahner & Associates, Inc. for: . . . . . . . . . . --i ... I I -d S ........ BC21159 SobdIll- Ll D- By LH Boulder Construction Ittit g .11 of Lot� 1, 2 ..d 3 of tk tod Plot f 2- P11­11� -63- -1-1 13Y ('�.�p� � t,1t ( lolli.g E.It 1114 SR. FfiiHil '52 zz", (�-31511-�­ P-II W. 20 314 00 07 006 00 0000 T 30 N, R 13 E of th, 5th PAL to th, City ,d ...... C-ty of Fop, G! ... dt,,, Mi,.,,u.. A L __1 1. L10-7 Record Plat of Cape West Crossing East - Second Subdivision AJJ,�fL­ 2..d 3,,flh, X .... d PI—of C.p, W -f ,,=,g IF— Tist S,bdmswo p,,pW ­dd­ D IN,, 2021-73333 il 1h, C,,pl Cilodo. 011orr, Almo­i I-d -d, lymg m Too—hip 30 Noth, ftoge 13 Eo,t qflh, Fifth 1, 1h, Cbr ,d CW ­y of Op, (W—oh,­ Wj . ..... i If".- A-— ,,, W", I I—l", LLC Ah--,),-I-, ­),A ILI' . 11 h -1 --ll, ....... .. .... I"'C -j I, ,, ­,­ J,l 'J"," � -3 11"I O",'i" It., 1,11 P,-,,1I,_--II- ­I1,, C,,,'­­'d,­ C""""i i ""', 101"11, 13­­,II1­IIbP­­111 1 1, ,1C-I- ­,1 . . . ..... ..... �gll 11 1111, d-111 1077 lifill- W 1111, f-1 I, I -d I—,, I I-- - .... .... ... . ..... L N,,,Ii1l'21'22' h 11h .. ........ .. j i 2 , 1"", , "I ", " f", I — ,,, " 11, "1 ,,, , - ("I A"'." L", I 11, 111, �f ­ o--1 C -1 -1 Th—, -1 -11 12" I'll ` 1-1 ­, 1, 114 1,113, .,.,,c �, 24l '3 III'l i'll, 11, 11111' 11111,111111111,"I""i, I,.... --72111 —1 -111, 111, Ij -111. III 00I- I, . .................. d -1 F I. I. ... ... ..... 11 2121 'i, 0: j- -1 S--, ­ I. .......... 'P1­­I­d.­­,­("I, 1, Cn "I ........... I h 11 2122, 1, ­ 1�­ -2 Sheel 2 of2 0, lh­­ ,f 2()22, W- . ........ . _P- I. ....... ..... C 0, 11,, _ d,,j ,f_ '022 hl-- L 1-- (-,1, I, 11­� 111, C.," G-_. 11 202' — 11 �� C") lf"., 0, lh, _­ I� 2022 . .......... . ..... FIII �C21119 —1., C,,,, T Prepared for: Oil,' 11 Zahner & Associates, Inc. BC21159 Sol -l— -1 Boulder Construction --i ... I 1—d S ........ Z ....... ..... 2'01) D- By LH 2,d —1-1 �y 1-1H P-1 W. 20 314 00 07 006 00 0000 & 20 314 00 07 009 00 0000 ­Iog A of Lot� 1, 2 ..d 3 of t1o, W, 'd P f Cw � �A ( ­W.g E- 11i,4S.bdii,i �-3 547-1- Lc- G--- C—ly mi-- T 30 N, R 13 E of th, 5th PAL i, th, City" .d C,u,ty of Cop, G! ... d .. . Mi,.,,ui A L -A L A L N. LCO00277 Gayle L. Conrad, CMC/MRCC, Staff- Director of Citizen Services/City Agenda: Clerk 12/19/2022 SUBJECT Appointment to the Convention and Visitors Bureau Executive Board EXECUTIVE SUNLVLARY The Agreement with the Cape Girardeau Area Chamber of Commerce for operation of the Convention and Visitors Bureau includes the creation of the Convention and Visitors Bureau Executive Board. The City Council and Chamber Board of Directors shall each initially appoint one member for a term of three years, one member for a term of two years, and one member for a term of one year, with all terms expiring on December 31 of each year. All subsequent terms shall be for three years. One of the three City Council appointed members shall be the City Manager. BACKGROUND/DISCUSSION City Council authorized the execution of an Agreement between the Cape Girardeau Area Chamber of Commerce, Inc., and the City of Cape Girardeau, Missouri, for operation of the Convention and Visitors Bureau at the November 7, 2016, Council Meeting. The Agreement established a six -member Convention and Visitors Bureau Executive Board. Three members are appointed by the Chamber Board, one of who will be the Chamber President. Three members are appointed by the City Council, one of who will be the City Manager. The Executive Board shall hold open meetings at least quarterly in each calendar year. The Director of the CVB will serve as liaison to the Board and will prepare, post and distribute the agenda for all meetings as required by the Missouri Open Meetings and Records Law. The posting shall include the date, time and location of the meeting, as well as a tentative agenda. Minutes of all meetings shall be prepared and submitted to the City Clerk. The Board shall have the following duties: 1. Provide oversight on the operations of the CVB, including methods of promoting tourism, conventions, meetings and other activities and events. 2. Provide input for development of a long-term strategic plan for operations of the CVB, to be prepared by the CVB Director. 3. Provide input for the Annual Marketing and Business Plan, including short and long term goals, plans, policies, and proposed projects for the CVB, to be prepared by the CVB Director. 4. Provide input for the annual operating budget of the CVB and ensure that the annual operating budget clearly reflects the full cost of CVB operations. 5. Submit oversight and input recommendations to the Chamber Board of Directors for fmal approval. Council -appointed member, John Echimovich's term expires December 31, 2022. He would like to be considered to be appointed for another term. The following individuals have also expressed an interest in serving on the board, and their advisory board applications are attached. Applicant Ward Citizen Academy Graduate Levi Hawkins 3 No Adrienne Henry 3 Yes Michelle Latham 4 Yes Alyssa Phares 4 No STAFF RECOMMENDATION It is recommended City Council appoint one member to the Convention and Visitors Bureau Executive Board for a term expiring December 31, 2025. ATTACHMENTS: Narne: D Rost Ros�eir Roster Convention and Visitors Bureau Executive Board Date Appointe Date Reappointed Members aDDOinted bv Citv Council John Echimovich 9/3/2019 12/16/19 Quantella Noto 1/9/2017 11/20/17; 12/21/20 Kenneth Haskin (City Manager) 08/02/2021 12/19/21 Members aDDointed bv Cane Girardeau Area Chamber of Commerce Board of Directors Chamber President Rob Gilligan 04/26/22 John Efic Kline Randy Kluge 12/01/17 1/3/2017 12/20 Current Term Expires December 31, 2022 December 31, 2023 December 31, 2024 December 31, 2022 December 31, 2023 December 31, 2021 Serve three year terms, three, one of which is the City Manager, appointed by Council, three, one of which is the Chamber of Commerce President, by Cape Girardeau Area Chamber of Commerce Board of Directors. Meetings are held at least quarterly as called by the Convention and Visitors Bureau Director. Provide oversight on the operations of the CVB. Staff contact — Kenneth Haskin, City Manager, 339-6320. Staff- Bruce Taylor, Deputy City Clerk Agenda: 12/19/2022 SUBJECT Appointments to the Cape Girardeau Area MAGNET Board of Directors for terms expiring December 31, 2023. EXECUTIVE SUMMARY This item calls for the appointment of two City Council members to serve on the Cape Girardeau Area MAGNET Board of Directors. BACKGROUND/DISCUSSION The terms of Council Member Dan Presson and of Council Member Robbie Guard will expire December 31, 2022. All Board members serve for one year and may succeed themselves for a maximum of eight years. Council Member Guard has served five terms. Dan Presson is serving a partial term. STAFF RECOMMENDATION Staff recommends that two Council Members be appointed to the Cape Girardeau Area MAGNET Board of Directors for terms expiring December 31, 2023. ATTACHMENTS: Name: X.?.scirilphon: No ARaclhirnen�s Awililable