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"-
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44- - Favor
(-','77'1ZE2V5 C'01111'411k"NII , NG A 7'AJEE77N(.;:
. . ........ - 11 -
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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
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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:
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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
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CURVE DIMENSION TABLE
T 30 N, R 13 E, OF THE 5th RM,
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CITY AND COUNTY OF CAPE GIRARDEAU,
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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
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CURVE DIMENSION TABLE
T 30 N, R 13 E, OF THE 5th RM,
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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:
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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]
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---------------
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V ONNIINION]
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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/'
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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
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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