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Home My WebLink AboutP&Z.Agenda.03-08-2023.Packet 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page 1 of 2 AGENDA PLANNING & ZONING COMMISSION WEDNESDAY, MARCH 8, 2023 7:00 p.m. City Hall, 44 North Lorimier Street Council Chambers Derek Jackson Kevin Greaser, Chairman Chris Martin Nick Martin Scott Blank, Vice Chairman Sommer McCauley-Perdue Melissa Stickel Deborah Young, Secretary Sid Whittington Call to Order. Approval of minutes of the February 8, 2023 meeting. Appearances regarding items not on the agenda. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. Public hearing on the request of Phillip B. Smith Architect LLC on behalf of Cape Girardeau Public Schools to rezone property located at 1301 North Main Street from M-1 (Light Manufacturing/Industrial District) to R-2 (Single-Family Urban Residential District). ACTION TAKEN: _____ Recommended Approval _____ Recommended Denial _____ Tabled SUBDIVISION PLATS 2. Strawberry Fields Subdivision Preliminary Plat. ACTION TAKEN: _____ Recommended Approval _____ Recommended Approval with Conditions _____ Recommended Denial _____ Tabled 3. Masonic Temple West Subdivision Record Plat. ACTION TAKEN: _____ Recommended Approval _____ Recommended Approval with Conditions _____ Recommended Denial _____ Tabled 4. Hotty Toddy Court Subdivision Record Plat. ACTION TAKEN: _____ Recommended Approval _____ Recommended Approval with Conditions _____ Recommended Denial _____ Tabled CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page 2 of 2 OTHER ITEMS AND COMMUNICATION 5. Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District. Commission Communication. Staff Communication.  Update on items from previous Commission meetings going on to City Council. Adjournment. * * * * * * * * * * * * * * * * * * The Planning & Zoning Commission of the City of Cape Girardeau, Missouri, may, as a part of a regular meeting or a special meeting, hold a closed session in the Council Chambers to discuss legal actions, causes of legal action or litigation , leasing, purchasing or sale of real estate, or confidential or privileged communication with its attorneys, pursuant to RSMo. Sections 610.021 (1) and 610.021 (2). * * * * * * * * * * * * * * * * * * NOTE: Public hearings on rezoning and special use permit requests recommended for approval by the Planning & Zoning Commission tonight will be held at the City Council meeting on Monday, April 3, 2023. Rezoning and special use permit requests recommended for denial tonight will be referred to the City Council at its meeting on Monday, March 20, 2023. Subdivision plats recommended for approval or denial by the Planning & Zoning Commission tonight will be presented to the City Council at its meeting on Monday, March 20, 2023, unless there are outstanding staff review comments. Development Code exception requests are decided by the Planning & Zoning Commission. They do not go on to the City Council. CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES February 8, 2023 City Hall – Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Chris Martin, Nick Martin, Sommer McCauley-Perdue, Melissa Stickel, Sid Whittington, Deborah Young Commission Members Absent: Derek Jackson Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the January 11, 2023 meeting were unanimously approved upon a motion made by Mr. Chris Martin and seconded by Mr. Nick Martin. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Robert Landgraf, on behalf of the Charles Hunze Trust, to rezone property located at 2403 South Sprigg Street from M-2 (Heavy Manufacturing/Industrial District) to AG (Agricultural District). Mr. Robert Landgraf presented the request. He explained that a dairy farm has operated on the property since the mid 1800s. Due to recent changes in the trucking industry and staffing issues related to milk shipments, the dairy needs to replace one of its milk tanks with a larger one. The new tank will not fit inside the existing building, so a new, larger building is proposed. Because a dairy is not a permitted use in the M-2 district, it is considered a nonconforming use, which cannot be expanded under the City’s zoning regulations. Rezoning the property to AG will allow the project to move forward. Chairman Greaser opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. A motion was made by Ms. Stickel and seconded by Mr. Blank to recommend approval of the rezoning request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, C. Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young). 2. A public hearing was held on the request of Crystal Walker, on behalf of Walmart Real Estate Business Trust, for a special use permit for long-term use of a shipping container on property located at 3439 William Street in the C-2, Highway Commercial District. Ms. Casey Clippinger, Benchmark Group, presented the request. She stated that the request is to place a shipping container behind the Walmart Supercenter to be used for storage of equipment and maintenance supplies. CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 8, 2023 Page 2 of 4 Chairman Greaser opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the special use permit request, subject to the following conditions: 1. The special use authorized by this permit shall comply with all applicable laws and regulations. 2. Major modifications to said special use (including, but not limited to, the site plan) shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the building permit for said special use has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 4. This permit is not transferable without the approval of the City Council. 5. The exterior of the shipping container shall be maintained to prevent peeling paint or other significant wear or damage to the finish. A motion was made by Mr. Nick Martin and seconded by Ms. McCauley-Perdue to recommend approval of the special use permit request, subject to the conditions listed in the staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, C. Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young). OTHER ITEMS AND COMMUNICATION Commission Communication Chairman Greaser informed the Commission that the annexation and zoning request for 3101 County Road 620 had been withdrawn. Mr. Nick Martin stated that it is easy to relate to the emotions of residents who speak at public hearings, but the Commission’s job is to make decisions based on the applicable criteria, including the City Code. At the request of Chairman Greaser, Mr. Shrimplin explained the process used by the City staff in arriving at a recommendation for an application. He stated that all applications reviewed by the Planning and Zoning Commission are first presented to the Development Review Group (DRG), which consists of staff from Planning, Engineering, Inspections, Fire, Public Works, Parks and Recreation, and Alliance Water Resources. DRG uses the City’s geographic information system (GIS) to obtain information on zoning, future land use designations, subdivisions, water, sanitary sewer, storm sewer, streets, and other features. This information, together with the knowledge and skills of the staff members, is the basis for making comments and forming a recommendation. Mr. Shrimplin then prepares the staff report. For rezoning requests, the proposed zoning district must be reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 8, 2023 Page 3 of 4 Mr. Nick Martin thanked the staff for their time and diligence in making recommendations to the Commission. Mr. Blank explained that, as a business owner and a Planning and Zoning Commission member, he has been on both sides of the process. The directive of each Commission member is to consider both the staff report and the comments made at the public hearing before deciding how to vote. He stated he felt the process for the 3101 County Road 620 zoning request did not follow this directive. Mr. Greaser noted that the neighboring property owners claimed they did not receive notice of the public hearing until the day before. Mr. Shrimplin explained that the only notice requirement in the City Code for a rezoning request is the notice of the City Council’s public hearing, which must be published in a newspaper of general circulation in the city at least 15 days prior to the hearing. As a standard practice, the staff mails a notice of the Planning and Zoning Commission’s public hearing to the adjacent property owners one week prior to the hearing. In addition, a sign containing the date, time, location, and subject of the hearing is posted on the property proposed to be rezoned. He stated that staff frequently advises applicants to discuss their plans with the neighbors before filing their application. Staff Communication Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on January 23, 2023: • 2854 Cape LaCroix Road Rezoning – 2nd & 3rd Readings • Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana – 1st Reading • Stevenson Subdivision Record Plat – 1st Reading The Council also held the following public hearings: • 3101 County Road 620 Annexation – No action taken. • 2530 Marsha Kay Drive Rezoning – Request denied. The City Council approved the following on February 6, 2023: • Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana – 2nd & 3rd Readings • Stevenson Subdivision Record Plat – 2nd & 3rd Readings • The Meadows of Whispering Oaks – Third Record Plat – 1st Reading 2. TTF7 – The TTF7 Committee will convene next spring. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 8, 2023 Page 4 of 4 Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:30 p.m. upon a motion made by Mr. Nick Martin and seconded by Ms. Stickel. Respectfully submitted, Deborah Young, Secretary Planning & Zoning Commission APPLICATION FOR: ADDRESS OF PROPERTY: PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: REZONING 1301 North Main Street Cape Girardeau Public School District #63 Phillip B. Smith Architect, LLC M-1 (Light Manufacturing/Industrial) R-2 (Single-Family Urban Residential) CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner~ MEETING DATE: March 8, 2023 COMMUNITY DEVELOPMENT SUBJECT: Rezoning Request for Property at 1301 North Main Street A rezoning application has been submitted for the property at 1301 North Main Street. The applicant is requesting that the property be rezoned from M-1 (Light Manufacturing/Industrial District) to R-2 (Single-Family Urban Residential District). The immediately surrounding properties are zoned R-2 on all sides except to the east, which is zoned M-1. This area is characterized by single-family residential and light industrial uses. The Cape Vision 2040 Comprehensive Plan's Future Land Use Map shows the subject property as Institutional. In considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property contains a former church building with a gravel parking lot in the rear. It was recently purchased in order to convert the former church to a school, which is not permitted in the M-1 district. The property was zoned R-2 until 2021 when the owner of the property at the time requested rezoning to M-1 in order to convert the former church to self-storage units. The project never happened, and the property was sold. Given the fact that the property was zoned R-2 previously and is surrounded by R-2 zoned properties, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Based on the above findings, staff recommends approval of the rezoning request. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Rezoning Request -1301 North Main Street •132 Requested rezoning from M-1 (Light Manufacturing/Industrial District) to R-2 (Single-Family Urban Residential District) 133 R2 Future Land Use Recommendation: Institutional CITYOj CAPE GIRARDEAU Created by: Community Development Carol Peters February 22, 2023 2 • R2 D Property to be Rezoned C:=J Parcels Zoning District ~M-1 !7 R-2 • • •1323 Rezoning Request -1301 North Main Street Requested rezoning from M-1 (Light Manufacturing/Industrial District) to R-2 (Single-Family Urban Residential District) Future Land Use Recommendation: Institutional 1310 • CITYOj CAPE D Property to be Rezoned C=:J Parcels Future Land Use GIRARDEAU Institutional ----, ~-_ j Low Density Residential 133 • 1316 • Created by: Community Development Carol Peters February 22, 2023 1111 Parks, Recreation, Open Space REZONING/ SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT, 44 N LORIMIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Property Address/Location 1301 North Main Street Applicant Property Owner of Record (if other thon Applicant) Phillip B. Smith Architect LLC Cape Girardeau Public Schools Mailing Address City, State, Zip Mailing Address City, State, Zip 423 Themis Street Cape Girardeau.MO 63701 301 North Clark Street Cape Girardeau, MO 63701 Telephone Telephone 573-651-9001 I Email phillip@phillipbsmitharchitect.com 573-335-1867 I Email crowellj@capetigers.com Contact Person {If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Phillip Smith c/o Josh Crowell, Assistant Superintendent Type of Request [a Rezoning Special Use Permit Both Existing Zoning District Proposed Zoning District (Rezoning requests only) M-1 R-2 Legal description of property to be rezoned and/or upon which the special use is to be conducted 1301 North Main Street and gravel lot to the east across the alley. Describe the proposed use of the property. Cape Central Academy Grades 6 -12, 120 students maximum Re-use existing building, classrooms and church building for Cape Schools use as "alternative school". Application continues on next page OFFICE USE ONLY Date Received & By Q~-0'7-23 File# 1454 MUNIS Permit# ____ _ Application Fee Received$ 1:35 ,91 2'2.08 Credit Card Cash Planning & Zoning Commission Recommendation _____ Date-----~ Revised 12/21/2021 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS REQUIRED See Instructions for more information. CERTIFICATIONS In addition to this completed application form, the following items must be submitted: .:f_ Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned Development rezonings) .:f_ List of adjacent property owners (see Instructions for requirements) L One (1) set of mailing envelopes, stamped and addressed to adjacent property owners _ One (1) full size copy of a plat or survey of the property, if available _ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned ,tiefe on their behalf, arf':dit :1.- agent duly authorized by the Property Owner(s) of Record to file this application ecord hereby agree to the above certifications. 02-08-2023 Date Revised 12/21/2021 Parcel details currently not available -Click to search Latitude 37.3187284548341 Longitude -89.5145508458624 $' ,,___~ o'<- Adjacent Property List: 1301 North Main Street 1. 1316 N Main: Landmark Lodging LLC 2965 County Road 638 Cape Girardeau, MO 63701 2. 1321 N Main: Landmark Lodging LLC 2965 County Road 638 Cape Girardeau, MO 63701 3. 1320 N Spanish St: Andrew Hinkle 1320 North Spanish Street Cape Girardeau, MO 63701 4. 1310 N Spanish St: Michael Kennedy 1310 North Spanish Street Cape Girardeau, MO 63701 5. 1300 N Spanish St: Jeremy Wand Anne Shuffit 1300 North Spanish Street Cape Girardeau, MO 63701 6. 1236 N Spanish St : Curtis Session Trust 1236 North Spanish Street Cape Girardeau, MO 63701 7. 1231 N Main St: George Callis Estate c/o Vincent and Jan Kelley 237 Kelly Court Cape Girardeau, MO 63701 8. Southeast corner City of Cape Girardeau Of N Main St and 44 North Lorimier Street Fourth Street : Cape Girardeau, MO 63701 Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Preliminary Plat Strawberry Fields Subdivision SW Corner of Lexington A venue & Big Bend Road Band C Properties, L.L.C. Strickland Engineering B and C Properties, L.L.C . CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner~ MEETING DATE: March 8, 2023 SUBJECT: Strawberry Fields Subdivision Preliminary Plat COMMUNITY DEVELOPMENT A preliminary plat has been submitted for Strawberry Fields Subdivision, located at the southwest corner of Lexington Avenue and Big Bend Road and zoned RUMD (Residential Urban Mixed Density). The plat shows a two-phase subdivision of a tract into 26 duplex lots, 9 multifamily residential lots, and one lot reserved for a stormwater detention basin along with right-of-way for two new public streets (McCartney Drive and Lennon Drive). The attached staff review letter was sent to the applicant. At the time of this report, a corrected plat has not been received. Based on the above findings, staff recommends approval of the preliminary plat, subject to staff's comments being successfully addressed. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU February 24, 2023 Via email to: hash91053@yahoo.com Mr. Chris Lix Mr. Henry Holyfield B and C Properties, LLC 68 Natchez Trace Scott City, MO 63780 RE: Strawberry Fields Subdivision Preliminary Plat Dear Mr. Lix and Mr. Holyfield: COMMUNITY DEVELOPMENT City staff has completed its review of the above plat. During the review, the following items were found which need correction or attention: Reviewer #1 Comments -Ryan Shrimplin, City Planner (573) 339-6327: rshrimplin@cityofcape.org 1. Per the 2015 IFC, the drive aisles in the apartment portion of the development shall have a minimum unobstructed width of 20 feet unless the vertical distance between grade plane and the highest roof surface exceeds 30 feet, in which case the drive aisles shall have a minimum unobstructed width of 26 feet. Include a note to this effect on the plat. No building permits will be issued for the apartments if the buildings exceed 30 feet between grade plane and the highest roof surface and the drive aisles are less than 26 feet in unobstructed width. 2. The proposed utility layout shows a proposed connection to the existing sanitary sewer force main on Lexington Avenue. The Legends Cape Girardeau apartment development has substantially increased the amount of flow through the force main. The proposed development would also substantially increase the amount of flow. Has the engineer investigated the force main to determine if it is capable of handling even more flow? Please contact Stan Polivick, Public Works Director, at (573) 339-6351 or spolivick@cityofcape.org to discuss . 3. The plat shows a stormwater catch basin on Lots 26 and 27 to receive stormwater discharged from the Legends Cape Girardeau detention basin outlet pipe. Please contact Andrew Maurer, Stormwater Coordinator, at (573) 339-6327 or amaurer@cityofcape.org to discuss measures that should be taken to ensure the discharged stormwater goes to the catch basin and does not adversely affect the lot owners. Sheet 1 4. The Vicinity Map is missing "NOT TO SCALE" or "N.T.S.". 5. In the Vicinity Map, change "OLD SPRIGG ROAD" to "OLD SPRIGG STREET ROAD". 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 6. In the Legend, indicate whether the IRON ROD W/CAP, IRON PIPE, and AXLE symbols are found or set. 7. In the Legend, add "LINE " after "SUBDIVISION BOUNDARY". 8. The PROPOSED LOT LINE symbol in the Legend is the same symbol used to represent the edge of pavement in the exhibit. Remove the edge of pavement or change it to a unique symbol and add it to the Legend. 9. In the Legend, change "EASEMENT LINE" to "PROPOSED EASEMEN T" and add the hatch/shade fill to the symbol. 10. In the Legend, add "EXTERNAL" in front of "PROPERTY LINE". 11. Remove the PROPOSED CONCRETE PAVEMENT symbol from the Legend. It is not used on this sheet. 12. In the Tract 1 -Description, first paragraph, add "MISSOURI " and a comma after "IN THE CITY AND COUNTY OF CAPE GIRARDEAU,". 13. In the exhibit, label the right-of-way width or "(R/W VARIES)" for Lexington Avenue and Big Bend Road. 14. In the exhibit, a dashed line symbol is shown between the subdivision boundary line and the Big Bend Road centerline. This symbol is not in the Legend. 15. Change the label "R. HETZELL PROPERTIES LLC" to "R. HETZEL PROPERTIES LLC". 16. Change the west line of the R. Hetzel Properties LLC parcel to the EXTERNAL PROPERTY LINE symbol. 17. Change the east line of the Charles Smith Trust parcel to the RIGHT-OF-WAY LINE symbol. 18. There are several lots that appear to have a non-standard setback to align with a future easement. Because this plat is not showing all of the proposed easements, these setbacks must be shown using the BUILDING SETBACK LINE symbol and labeled (including the depth). 19. Per the Zoning Code, on corner lots, the rear yard is opposite the shorter street frontage. Lots 1, 6, and 9 are showing the rear yard setback in the wrong location. 20. Lot 1 is showing what appears to be a 30-foot setback along the south lot line and then another line 20 feet from the south lot line . Is there a reason why this setback is shown as 30 feet in depth? 21. Label the rear and side setbacks on Lots 1 and 2. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 22. Add a front yard setback label to Lot 13 along Big Bend Road. 23. In the rear yard setback label on Lot 16, remove the "T' from ''REART'. 24. On Lot 19, revise the easement label to read: "50' PRIVATE ACCESS & PUBLIC UTILITY EASEMENT". 25. Revise Lots 27 through 35 to show the required setbacks, as follows: • 20-foot front yard setback along the Lexington Avenue, Big Bend Road, and McCartney Drive right-of-way lines; • 20-foot rear yard setback opposite the above front yard setbacks (on corner lots, the rear yard is opposite the shorter street frontage); and • 3-foot side yard setbacks everywhere else (landlocked lots have no front or rear yard; all setbacks are side setbacks). 26. Show the right-of-way extending west from the northwest corner of Lot 30. 27. Consider changing Lot 36 from a number to a letter and removing the setbacks . This will help distinguish it from the buildable lots. 28 . In the Notes, add "PER UNIT' after the minimum lot area for duplex (i.e., 3,750 SF PER UNIT). 29. In the Notes, make "MINIMUM LOT WIDTHS" singular. 30. In the Notes, in the rear yard setback line, add "ALL USES " in front of "20 FT'. 31. In the Notes, revise the Proposed Density section to read as follows: PROPOSED DENSITY: DUPLEXES (LOTS 1-26) APARTMENT UNITS (LOTS 27-35) 52 UNITS 102 UNITS 32. In the Notes, revise the Utility Easements note to read as follows: UTILITY EASEMENTS ALL WATER, SANITARY SEWER, AND STORM SEWER MAIN EXTENSIONS WILL BE LOCATED IN FUTURE EASEMENTS WITH MINIMUM WIDTHS OF 10' ON EACH SIDE OF THE MAIN. THESE EASEMENTS WILL BE INCLUDED ON THE RECORD PLAT OF EACH PHASE OF THE SUBDIVISION. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVE L OPMENT 33. In the Notes, under Apartment Parking Information, update the section reference to Section 25 -47 . The City recently recodified its Code of Ordinances, which resulted in changes to the section numbers. 34. In the Notes, revise the last note to read as follows: CROSS-ACCESS AND CROSS-PARKING EASEMENTS SHALL BE ESTABLISHED ACROSS ALL APARTMENT LOTS. THESE EASEMENTS WILL BE INCLUDED ON THE RECORD PLAT OF EACH PHASE OF THE SUBDIVISION. 35. Under Current Owner and Developer, change "L.L.C." to "LLC " and add the Document Number for the deed. 36. In the City Clerk's Certification, beneath the signature line, Missouri is misspelled. Sheet 2 37. In the Legend, remove symbols not used in the exhibit, such as EASEMENT LINE, OVERHEAD ELECTRIC LINE, GAS LINE, TELEPHONE LINE, etc. 38 . In the Legend, indicate whether the IRON ROD W/CAP, IRON PIPE, and AXLE symbols are found or set. 39. In the Legend, change "SANITARY MH" to "SANITARY MANHOLE". 40. Label every proposed fire hydrant as proposed. 41. Label every proposed street light as proposed. 42. Add "SEWER" at the end of every "PROPOSED STORM" label. 43. The existing driveway area on Lot 19 is shaded but does not match the PROPOSED CONCRETE PAVEMENT symbol in the Legend. Is this entire area proposed to be concrete pavement? Or will only the existing driveway be paved? Revise the exhibit to reflect the actual intention. 44. Note 4 of the Subdivision Improvement Notes states that new sanitary sewer mains will connect to one or more existing gravity mains located adjacent to the subdivision. This conflicts with what is shown in the proposed utility layout. Review the all of the notes to ensure consistency with the layout. 45. In the Subdivision Improvement Notes, Note 8, remove the first sentence. There are no existing easements shown. Reviewer #2 Comments -Teresa Heifner, GIS Coordinator (573) 339-6327: theifner@cityofcape.org 46. The Lexington Avenue centerline is missing. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 47. The deed reference for SEMO Legends LLC is incorrect. It should be DOC. NO. 2016-14105. 48. The deed reference for Harold and Jean Davis is incorrect. It should be BOOK 338 PAGE 406. 49. Add the middle initial "D." to "CHARLES SMITH TRUST". 50. Label the Point of Commencement and the Point of Beginning. 51. On Lot 16, a distance of 206.67 feet is shown. This distance appears to be the sum of the west lot lines of Lots 15 and 16. Replace this distance with two separate distances. 52. The short lot line between Lots 26 and 27 is missing a bearing and distance label. 53. The References listed are for the wrong plat. They appear to be for Deer Run Estates Phase 1. 54. The information for C1 in the Curve Table does not match the legal description. 55. The information for C6 and C7 is not correct. 56 . Add crow's feet everywhere a curve meets a straight line. 57. Check the square footages of Lots 2, 27, 35, and 36 . 58. Please contact me to discuss re-addressing 1975 Big Bend Road. Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape.org by March 6, 2023. Once the PDF file is received, City staff will review it to make sure all of the corrections have been made. If the PDF file is not received by March 6, 2023, then the Planning and Zoning Commission may postpone taking action on the plat or recommend approval, subject to staff's comments being successfully addressed. All staff comments must be successfully addressed prior to review of the plat by the City Council. Should you have any questions or wish to discuss any of the comments, please contact the appropriate reviewer. Sincerely, 0- Ryan Shrimplin, AICP City Planner CC: Marc Mahnke, Strickland Engineering (mmahnke@stricklandengineering.com) 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Strawberry Fields Subdivision Preliminary Plat CITYOjCAPE GIRARDEAU Created by: Development Services Carol Peters February 21, 2023 220 SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT , 44 NORTH LORIMIER STREET, CAPE GIRARDEAU , MO 63701 (573) 339-6327 Name of Subdivision Type of Plat Strawberry Field Subdivision Record if Preliminary Boundary Adjustment Applicant Property Owner of Record Same as Applicant Band C Properties, L.L.C. Mailing Address I City, State, Zip Mailing Address I City, State, Zip 68 Natchez Trace Scott City, MO 63780 Telephone I Email Telephone I Email (573) 450-9210 HASH91053@yahoo.com Contact Person {If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Chris Lix / Henry Holifield Professional Engineer/Surveyor (if other than Applicant) Developer {if other than Applicant) Marc Mahnke/ Brian Strickland -Strickland Engineering Mailing Address I City, State, Zip Mailing Address I City, State, Zip 113 W. Main Street Jackson , MO 63755 Telephone I Email Telephone I Email (573) 243-4080 mmahnke@stricklandengineering .com ADDITIONAL ITEMS REQUIRED In addition to this completed application form, the following items must be submitted: .,/ Review Fee (payable to City of Cape Girardeau) See Instructions for more information. CERTIFICATION $20.00 per lot ($200.00 minimum) _ Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18" X 24" $46.00 $26.00 24" X 36" $71.00 $31.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) ..!!__ One (1) full size print of the plat ..!!.._ Digital file of the plat in .pdf format (can be emailed to cityp lanning@cityofcape.org) Completed minimum requirements checklist I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improve ts for the subdivision being completed and/or covered under a performance guarantee agreement in accord 9..,wi e City's Co of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) of Reco 6 a7 veloper se r · ents. /P. £-0-~3 Date OFFICE USE ONLY Date Received & By 0 '2 -o r'f, 3 File# _____ _ MUNIS Application# l :os e2. MUNIS Permit# _____ _ Review Fee Received $ 1J.D Recording Fee Received $ ____ _ Check# ( lo4fo2. Credit Ca rd Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 07/08/2022 CITY OF CAPE GIRARDEAU SUBDIVISION PLAT APPLICATION INSTRUCTIONS Preliminary plats (required for phased subdivisions) and record plats are subject to the subdivision plat process, which consists of reviews by the City staff, the Planning and Zoning Commission, and the City Council. Boundary adjustment plats do not go through the subdivision plat process. Instead, they are reviewed by staff only and, if approved, staff submits the plat prints to the County Recorder of Deeds Office for recording. A boundary adjustment plat cannot change the number of lots, reduce existing lots below the required minimum size, or change easement or utility lines. Applicants who are unsure of which type of plat they need to submit or have other questions should contact: City of Cape Girardeau Planning Services Division 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityplanning@cityofcape.org For preliminary plats and record plats, the application deadline is four (4) weeks prior to the Planning and Zoning Commission meeting date . The Commission meets monthly on the second Wednesday. Applications must be delivered to the Planning Services Division using the above contact information. City staff will review each application for completeness . If required information and/or items are missing, then the applicant will be contacted . Incomplete applications will not be reviewed until the requested information and/or items are provided. Once an application has been deemed complete, it will be placed on the next Planning and Zoning Commission agenda. Staff will review the plat for compliance with the subdivision plat requirements (see attached) as well as the City's zoning and subdivision regulations. If a resubmission is necessary, then a staff review letter will be prepared and sent to the applicant. The resubmissi on and review process continues until all staff comments have been successfully addressed and the plat is in its final form. A staff report will be prepared and delivered to the Planning and Zoning Commission one (1) week prior to the meeting. The staff report, along with the meeting agenda, will also be delivered to the applicant. The staff report will contain one of the following recommendations: a) approval of the plat; b) approval of the plat, subject to staff's comments being successfully addressed; c) denial of the plat; or d) action on the plat be tabled (postponed). If the plat is not in its final form by this time, then the staff report will recommend b, c, or d. At the meeting, the Planning and Zoning Commission will review the plat and make a recommendation to the City Council. The applicant or their representative must attend the meeting to answer any questions regarding the plat. A plat must be in its final form in order to be reviewed by the City Council. It is the applicant's responsibility to stay informed as to the status of the plat and to address any issues affecting the review schedule. Once staff has determined that a plat is in its final form, the applicant will be notified to submit the requisite number of prints. Each print must be signed and sealed by the professional surveyor and, in the case of a record plat, contain the notarized signature of each Property Owner of Record. The deadline for submitting prints is one (1) week prior to the Council meeting. If the subdivision created by the plat involves new public improvements (such as water or sanitary sewer mains, streets, street lights, sidewalks, etc.), then those improvements must be completed and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances before the City Council reviews the plat. The City Council will vote on a motion to approve the plat. Preliminary plats are approved by motion and do not go on to the next Council meeting. Record plats are approved by ordinance and must receive approval of the first reading at one meeting and approval of the second and third readings at the next meeting. If approved, the plat prints will be signed by the City Clerk, who will also affix the City seal to them. For a preliminary plat, the developer may then proceed with the submission of the record plat for the first phase of the subdivision. For a record plat, the City Clerk will wait until the mandatory ten (10) day waiting period for ordinances has passed before signing and sealing the prints . Staff will then submit the plat prints to the County Recorder of Deeds Office for recording . Staff will notify the applicant when their copy of the recorded plat is ready for pick-up . Revised 07/08/2022 VICINITY MAP I I •. HETZELL · · PROPERTIES LLC \ ~oc. NO. 2011-05121 II II II II NOTES ZONING CLASSIFICATION "RUMD" RESIDENTIAL URBAN MIXED DENSITY DISTRICT MAXIMUM DENSITY! 12 UNITS/ACRE MINIMUM LOT AREA: . TOWNHOUSE l,400 SF . DUPLEX 5,750 SF . SINGLE-FAMILY 5,000 SF . MULTI-FAMILY 5,750 SF MINIMUM LOT WIDTHS: . TOWNHOUSE 20 FT . DUPLEX 20 FT . ALL OTHER USES 50 FT BUILDING SETBACKS FRONT YARD: . TOWNHOUSE 10 FT . ALL OTHER USES 20.FT REAR YARD 20 FT SIDE YARO: . TOWNHOUSE 0 FT . ALL OTHER USES HT UNLESS OTHERWISE LABELED CURVE TABLE SEMO LANDLLC BOOK 1212 PAGE 980 LEGEND @) IRON ROD W/CAP 0 IRON PIPE EB AXLE SUBDIVISION BOUNDARY ------PROPOSED LOT LINE ------BUILDING SElBACK LINE --- ---RIGHT-OF-W,6-Y LINE - - - - -EASEMENT LINE ----- -STREET CENTERLINE - · - · - · -PROPERTY LINE ----PHASE LINE PROP0SEO CONCRETE PAVEMENT REFERENCES ~Page 959 (S!Jbject) 2, Book 1047 Page 646 (Hopper Road Right of Woy) 3. Book 915 Page 435 (Permanent Or<1inage Easement) 4. Book 915 Page 430 (Hopper Rood Right of Way) 5. Book 915 Page 433 (Permanent Slope Easement) 6. F and L Nltsch Subdivision Plot Book 17 Page 100 7. Survey by Wayne Koehler for Frank Nltach doled 7-25-96 NOTES CURVE LENGTH RADIUS Cl 175.59' 714.89' C2 309.13' 868.51' C3 503.04' 1959.86' C4 30,91' 1944.86' C5 176.13' 1397.39' C6 309.13' 868.51' C? 309.13' 868,51' CB 31.42' 20.00' C9 31.42' 20.00' 010 62.56' 1959.86' C11 80.57' 1959.86' C12 80.24' 1959.86' C13 80.06' 1959.86' C14 89.41' 1959.86' C15 89.22' 1959.86' c1s 20.98' 1959.86' C17 32.02' 20.00' C18 29.91' 20.00' C19 21.30' 125.00' C20 12.78' 75.00' C21 117.81' 75.00' NOTES SUBDIVISION DENSITY II LOT SIZES APARTMENT PARKING INFORMATION CHORD DIRECTION N69'3o·orw S19'21'56"W S1"48'57"W S5.'S9'33"E N2'50'13"W S19'21'56"W S19'21'56"W N54i0'08"E N35"49'54"W sai5'15"W S6'09'44"W S3"48'42"W S1'28'06"W S1"00'32"E S3'3i12"E s5i3'51"E N43"32'39"E N47"45'36"W N85"42'49"W N85'42'49"W S44"24'15"W TOTAL SUBDIVISION AREA: 16.84 ACRES PROPOSED DENSITY: REQUIRED PARKING PER SECTION 25-203 OF THE CITY OF CAPE GIRARDEAU CODE OF ORDINANCES: DuPlEX LOTS 26 APARTMENT UNITS 52 UNITS 102 UNITS DENSITY= 9.14 UNITS/ACRE SMALLEST DUPLEX LOT SIZE : I0,000 SQ. FT, LARGEST DuPLEX LOT SIZE : 25,559 SQ. FT. SMALLEST APARTMENT LOT SIZE : 13,521 SQ, FT, LARGEST APARTMENT LOT S1ZE : 54,266 SQ, FT, UTILITY EASEMENTS ALL WATER, SANITARY AND STORM SEWER EXTENSIONS WILL BE LOCATED IN FUTURE EASEMENTS WITH MINIMUM WIDTHS OF 10' ON EACH SIDE OF THE MAIN, THESE EASEMENTS WILL Bf INCLWED ON THE RECORD PLATS OF EACH PHASE OF DEVELOPMENT, • MULTIFAMILY DWELLING UNITS WITH TWO OR MORE BEDROOMS • REQUIRED NUMBER OF SPACES = 2/UNIT. NUMBER OF UNITS= 102 PARKING SPACES REQUIRED = 102X2 = 204 SPACES PARKING SPACES PROVIDED = 211 SPACES CROSS-ACCESS AND CROSS PARKING EASEMENTS SHALL BE ESTABLISHED ACROSS ALL APARTMENT LOTS. THESE EASEMENTS WILL BE INCLUDED ON THE RECORD PLATS OF EACH PHASE OF DEVELOPMENT. FLOODPLAIN NOTE THE DESCRIBED TRACT 1S NOT LOCATED WITHIN A FLOOD HAZARO ZONE AS SHOWN ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 29051C0259F FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, CURVE TABLE CHORD LENGTH CURVE LENGTH RADIUS CHORD DIRECTION CHORD LENGTH 175.15' 307.50' 501.66' 30.91' 176,01' 307.50' 307.50' 28.28' 28.28' 62.56' 80,56' 80.24' 80.05' 89,40' 89.22' 20.98' 28.71' 27.20' 21.28' 12.n' 106.07' C22 C23 C24 C25 C26 C27 C28 C29 CJO C31 C32 CJ3 C34 CJ5 C36 C37 CJB C39 C40 C41 86.19' 125.00' S69'39'07"W 83.07' 125.00" S30'51'38NW 27.09' 125.00' S5'36'46"W 31.42' 20.00' S45'35'45"E 31.42' 20.00" S44'24'15"W 52,30' 225.00' S715'16"E 82.07' 225.00' S24'21'46"E 20.35' 20.00' S63"57'58"E 36.26' 52.00' N73'08'45"W 83.75' 52.00' N7'01'55"W 53.54' 52.00' N68"36'19"E 65.50' 52.00' S45'48'52"E 17.00' 52.00' S0'21'51"E 16.07' 20,00' N14'00'48"W 46.93' 275,00' S32'08'26"E 83.33' 275.00' S18"34'16"E 44.61' 275.00' S5i4'36"E 24.43' 50,00' N76'39'44"W 175.59' 714.89' N69'30'01"W 56.99' 715.19' NBOi0'52"W CLETIS & RUTH HANEBRINK BOOK 408 PAGE 482 N0'35'45"W 1755.97' I ACCURACY STANDARD: TYPE SUBURBAN I ENGINEER'S CERTIFICATION 84.49' 81.55' 27.04' 28.28' 28.28' 52.18' 81.62' 19.49' 35.53' 74.99' 51.21' 61.25' 16.93' 15.64' 46,88' 83.01' 44.56' 24.19' 175.15' 56.98' I CERTIFY lHAT AT THE REQUEST OF B AND C PROPERTIES. LLC., I HAVE PREPARED THIS PRELIMINARY SUBDIVISION PLAT AND lHE PROPOSED CONDITIONS ARE REPRESENTED CORRECTLY. THIS PLAT DOES NOT REPRESENT A MINIMUM STANDARD SURVEY AND SHOULD NOT BE USED FOR ANY CONSTRUCTION PURPOSES. lHE EXISTING CONDITIONS SHOWN ON THIS PRELIMINARY PLAT WERE OBTAINED FROM A TOPOGRAPHIC SURVEY AND AVAILABLE UTILITY RECORDS. ~,,,,,11111111111,,,~ ,;,.-$ oF Ml~-(o .sr.~.;:.,. ••• ~········~~ ~~.. . . .,,.~ § I MARCT. ·~ ! ffl 5 :'uZ::% : I %-\ IE l? lli NORlH BASIS MISSOURr STATE PLANE COORDINATE SYSTEM 1983 9 EAST ZONE 60 20' REAR YARD SETBACK (TIPICAL) 120 SEMO LEGENDS LLC DOC. NO. ZOl7-0a577 3' SIDE YARD SETBACK (TYPICAL) ,--133.74 I PRELIMINARY PLAT FOR STRAWBERRY FIELDS SUBDIVISION PART OF U.S.P. SURVEY 3091 IN SECTTON 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI TRACT I -DESCRIPTION PART OF U.S.P. SURVEY 3091, SECTION 29, TOWNSHIP 31 NORTii, RANGE 14 EAST OF lHE FIFlH PRINCIPAL MERIDIAN, IN TiiE CllY AND COUNTY OF CAPE GIRARDEAU, BEING MORE PARTICULARLY DESCRIBED AS FOU.OWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST IN THE CllY AND COUNTY Of CAPE GIRARDEAU; THENCE NORTH 00'35"45• WEST 856.77 FEET TO A FOUND IRON PIN 'MTH CAP FOR lHE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING, CONTINUE NORlH 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 SOUlH 67'13'00" EAST 231.56 FEET, AND A CURVE LENGTH OF 232.58 FEET: THENCE SOUlH 57°53'52"' EAST 53.75 FEET TO lHE WEST RIGHT Of WAY LINE OF BIG BEND ROAD; lHENCE ALONG SAID WEST LINE ALONG A NON-TANGENT CURVE TO THE LETT HAVING A RADIUS Of 868.51 FEET, CHORD BEARING SOUTH 19'21'56" '116T 307.50 FEET, AND CURVE LENGTH OF 309.13 FEET; THENCE SOUTH 09,0•09• YEST 250.31 FEET; lHENCE ALONG A CURVE TO lHE l,.EFT HAVING A RADIUS OF 1959.86 FEET, CHORD BEARING SOUlH 01"48'Sr WEST 501.66 FEET, ANO A CURVE LENGTH OF 503.04 FEET: lHENCE NORlH 84•27•45• EAST 15.00 FEET; lHENCE ALONG A NON-TANGENT CURVE TO lHE LEFT HAVING A RADIUS OF 1944.BS FEET, CHORD BEARING SOUlH 05'59'33" EAST 30.91 FEET, AND A CURVE LENGlH OF 30.91 FEET; lHENCE SOUlH 08'28'52• EAST 306.80 FEET; lHENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1397.39 FEET, CHORD BEARING SOUlH 02'50'13" EAST 176,01 FEET, AND A CURVE LENGlH OF 176.13 FEET: lHENCE SOUTH 00"46'26" WEST 2.84 FEET; THENCE LEAVING SAID 'li'EST LINE. SOUlH 78"48'15• WEST 450.31' TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED lRACT CONTAINS 16.84 ACRES. MORE OR LESS. AND IS SUB..ECT TO AU. EASEMENTS, RIGHTS OF WAY, RESTRICTIONS. AND LICENSES AFFECTING lHE SAME, EllHER WRlmN OR IMPLIED. I 1 ; ! ! ( : 1! ,,?.TJi ! 0.62 AC I I HOWARD & CYNTHIA MCINTYRE DOC. NO. 2009-12328 208,60' LOT 30 30628 SQ FT 0.70ACRES 20' FRONT YARD SETBACK (TYPICAL) L -~_J' ________ J N0"39'38"W 207.51' --------- lO 31 22824 SQ FT O.SZACRES 20' FRONT YARD SETBACK (TYPICAL) CURRENT OWNER & DEVELOPER BAND C PROPERTIES, L.LC. 97ZT HIGHWAY 61 NORTH JACKSON, MO 63755 PREPARED BY STRICKLAND ENGINEERING 113 W. MAIN STREET JACKSON, MO 63755 (573) 243-4080 CITY CLERK'S CERTIFICATION I. ====~== CITY Cl.ERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PRELIMINARY PLAT WAS APPROVED BY THE CITY COUNCIL Of' THE CllY OF CAPE GIRARDEAU, MISSOURI, BY MOTION ON THIS __ DAY OF ____ 20_ CITY a.ERK CITY OF CAPE GIRARDEAU, MllSOURI KLAN D R I N G T R I C NGINEE 115 WEST MAIN STREET P.O. Box 159 JACKSON, MISSOURI 65755 TEL: 575-245-4080 FAX: 575-245-2191 CIVIL -MECHANICAL -ELECTRICAL ENGINEERING -LAND SURVEYING PRELIMINARY PLAT STRAWBERRY FIELDS SUBDIVISION (SHEET 1 OF 2) CAPE GIRARDEAU, MISSOURI SCALE DATE DRAWN BY CHECKED BY PROJECT# 1"=60' 2/6/2023 MTM DR 22-095 -• • -PHASE LINE --<Ml --OVERHEAD ELECTRIC LINE --GAS--GAS LINE --T--1ELEPHONE LINE --ST --STORM SEYtt:R PIPE --S9 --SANITARY SEWER PIPE --W-WATER MAIN 111111 STORM CATCH BASIN a STORM CURB INLET [CJ FLARED END SECTION ® SANITARY MH 1 PROPOSED FIRE HYDRANT EXISTING FIRE HYDRANT :¢ STREET LIGHT PROPOSED CONCRETE PAVEMENT SUBDIVISION IMPROVEMENT NOTES I, ALL NEW STREETS ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF CAPE GIRA~DEAU STANDARD SPECIFICATIONS AND DRAWINGS, .2, SIDEWALKS ARE TO BE PROVIDED ON BOTH SIDES OF LENNON DRIVE, AND McCARTNEY DRIVE, ALL SIDEWALKS ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF CAPE GIRARDEAU STANDARD SPECIFICATIONS AND DRAWINGS. 3, ALL WATER LINES ARE TO aE CONSTRUCTED IN ACCORDANCE W1TH THE CITY OF CAPE GIRARDEAU STANDARD SPECIFICATIONS AND DRAWINGS, NEW WATER HAINS WILL CONNECT TO ONE OR MORE EXISTING MAINS LOCATED ADJACENT TO THE SUBDIVISION, 4. ALL SANITARY SEWER LINES AND MANHOLES ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF CAPE GIRARDEAU STANDARD SPECIFICATIONS AND DRAWINGS. NEW SANITARY SEWER MAINS WILL CONNECT TO ONE OR MORE EXISTING GRAVITY MAINS LOCATED ADJACENT TO THE SUBDIVISION. 5. ALL STORMWATER LINES ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF CAPE GIRARDEAU STANDARD SPECIFICATIONS AND DRAWINGS. 6. ALL STREET LIGHTS ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF CAPE GIRARDEAU STANDARD SPECIFICATIONS AND DRAWINGS, 7. ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT-OF-WAY OR PUBLIC DRAINAGE EASEMENT SHALL BE PRIVATELY MAINTAINED IN ACCORDANCE WITH THE CITY OF CAPE GIRARDEAU CODE OF ORDINANCES, 8. EXISTING EASEMENTS ARE SHOWN HEREON. PROPOSED EASEMENTS WILL BE SHOWN ON THE RECORD Pl.AT FOR EACH PHASE AFTER FINAL ENGINEERING DESIGN HAS BEEN COMPLETED. Fi 60 NORlH BASIS MISSOURI STAlE PLANE COORDINAlE SYSTEM 1983 EAST ZONE 60 120 TRICKLAND NGINEERING 113 WEST MAIN STREET P.O. Box 159 JACKSON, MISSOURI 63756 TEL: 573-243-4080 FAX: 573-243-2191 CIVIL -MECHANICAL -ELECTRICAL ENGINEERING -LAND SURVEYING PRELIMINARY PLAT STA WBERRY FIELDS SUBDIVISION (SHEET 2 OF 2) CAPE GIRARDEAU, MISSOURI SCALE DATE DRAWN BY CHECKED BY PROJECT# AS SHOWN 2-6-2023 MTM DR 22-095 Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Record Plat Masonic Temple West Subdivision Southeast comer of West Drive & Independence Street Cape Girardeau Masonic Temple Association Cape Girardeau Masonic Temple Association Matt DeJ oumett CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner t1-,& MEETING DATE: March 8, 2023 SUBJECT: Masonic Temple West Subdivision Record Plat COMMUNITY DEVELOPMENT A record plat has been submitted for Masonic Temple West Subdivision, located at 108 West Drive and zoned C-2 (Highway Commercial). The plat resubdivides two lots to create one new lot. The applicant is requesting a release of an existing 10-foot utility easement as part of the plat. Staff supports the release because there are no existing or proposed utilities in the easement area. The attached staff review letter was sent to the applicant. At the time of this report, a corrected plat has not been received. Based on the above findings, staff recommends approval of the record plat, subject to staff's comments being successfully addressed. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU February 23, 2023 Via email to: kwwest@live.com Mr. Kyle West Cape Girardeau Masonic Temple Association 2307 Broadway Cape Girardeau, MO 63701 RE: Masonic Temple West Subdivision Record Plat Dear Mr. West: COMMUNITY DEVELOPMENT City staff has completed its review of the above plat. During the review, the following items were found which need correction or attention: Reviewer #1 Comments -Ryan Shrimplin, City Planner (573) 339-6327; rshrimplin@cityofcape.org 1. Revise the description beneath the plat title to read as follows: ALL OF LOT 18 OF INDEPENDENCE WEST FIRST COMMERCIAL SUBDIVISION AS SHOWN IN PLAT BOOK 13, PAGE 18 OF THE COUNTY LAND RECORDS, AND ALL OF LOT 2 OF INDEPENDENCE WEST THIRD COMMERCIAL SUBDIVISION AS SHOWN IN PLAT BOOK 17, PAGE 22 OF THE COUNTY LAND RECORDS, ALL IN U.S.P.S. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI 2. In the exhibit, add "S." in front of "BROADVIEW ST. (60.0' R/W)". 3. Move the new 10-foot utility easement along the east lot line to the south lot line (the easement is required along the rear lot line, which is opposite the shorter street frontage). 4. In the Subdivision Notes, under Subdivision Plat Prepared For, remove "ST." from "BROADWAY ST.". 5. Revise the beginning of the Subdivision Dedication to read as follows: THE UNDERSIGNED, CAPE GIRARDEAU MASONIC TEMPLE ASSOCIATION, A MISSOURI FRATERNAL CORPORATION, OWNER IN FEE OF ALL OF LOT 18 OF INDEPENDENCE WEST FIRST COMMERCIAL SUBDIVISION AS SHOWN IN PLAT BOOK 13, PAGE 18 OF THE COUNTY LAND RECORDS , AND ALL OF LOT 2 OF INDEPENDENCE WEST THIRD COMMERCIAL SUBDIVISION AS SHOWN IN PLAT BOOK 17, PAGE 22 OF THE COUNTY LAND RECORDS,. ALL IN U.S.P.S. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT GIRARDEAU, STATE OF MISSOURI, CONTAINING 69,569.26 SQUARE FEET (1.60 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 6. Toward the bottom of the Subdivision Dedication, change "do hereby subdivide" to "does hereby subdivide". 7. Toward the bottom of the Subdivision Dedication, change "Except for the easements" to "Except for the easemen t". 8. Add the following release certificate to the plat: The City of Cape Girardea u, Missouri hereby releases the existing publ ic easement as shown on this plat. Dr. Kenneth Haskin , City Manager City of Cape Girardeau , Missouri STATE OF MISSOUR I ) )SS COUNTY OF CAPE GIRARDEAU ) On this __ day of _______ , 20_, before me , a notary public for the said State and County , personall y appeared Dr. Kenneth Haskin, who , being by me duly sworn, did state that he is the City Manager of the City of Cape Girardeau, Missouri , a municipa l corporation and political subdivision of the State of Missouri, and that he executed the foregoing instrument on behalf of said City, and that he executed the same as the free act and deed of said City. In witness whereof, I hereby set my hand and affix my official sea l in the State and County aforesaid, the date fi rs t above written . NOTARY PUBLIC My commission expir es _________ _ Reviewer #2 Comments -Teresa Heifner, GIS Coordinator (573) 339-6327; theifner@cityofcape .org 9. Document No. 2022-12615 lists the grantee as "Cape Girardeau Masonic Temple Association". Make the following changes to the plat: • In the exhibit, add "GIRARDEAU " to the Lot 2 and Lot 18 owner labels . • Remove "The" from "The Cape Girardeau Masonic Temple Association" in the Subdivision Notes, Subdivision Dedication, signature line, and notary certificate. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 10. The label for the existing 10-foot utility easement to be released is missing the record references. The north part was established in Plat Book 13, Page 18. The south part was established in Plat Book 14, Page 31. 11. Correct the deed reference for Wood and Huston Bank in the exhibit and in the Title References. It should be Book 53 1, Page 971 . The deed reference currently shown is for a business name change. 12. In the vicinity map, change "N. KINGSHIGHWAY" to "S. KINGSHIGHWAY". 13. In the exhibit, change the chord directions to be consistent with the legal description . It should be N 51°13'26" E. Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape.org by March 6, 2023. Once the PDF file is received, City staff will review it to make sure all of the corrections have been made. If the PDF file is not received by March 6, 2023, then the Planning and Zoning Commission may postpone taking action on the plat or recommend approval, subject to staff's comments being successfully addressed. All staff comments must be successfully addressed prior to review of the plat by the City Council. Should you have any questions or wish to discuss any of the comments, please contact the appropriate reviewer . Sincerely, 0- Ryan Shrimplin, AICP City Planner CC: Matt DeJournett, DeJournett Surveying (mattdejournett@hotmail.com ) 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape.org Masonic Temple West Subdivision r.=a:;;----r---. -" ' \ ffi Created by: Community Development Dept. 37.5 Carol Peters February 6, 2023 75 D Masonic Temple West Subd. SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT , 44 NORTH LORIMIER STREET, CAPE GIRARDEAU , MO 63701 (573) 339-6327 Name of Subdivision Type of Plat Gaf3e-Masonic Temple West Subdivision Record Preliminary Boundary Adjustment Applicant Property Owner of Record Same as Applicant _Cape,G irardeau Masonic Temple Association Cape Girardeau Masonic Temple Association Mailing Address I City, State, Zip Mailing Address I City, State, Zip 2307 Broadway St. Cape Girardeau MO Telephone I Email Telephone I Email 1-573-987-6840 kwwest@live.com Contact Person (ff Applicant is a Business or Organization) (Attach additional owners information, if necessary) Kyle West Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Matt DeJournett Mailing Address I City, State, Zip Mailing Address I City, State, Zip 2401 State Highway PP Scott City, MO 63780 Telephone I Email Telephone I Email 573-579-4524 mattdejournett@hotmail.com ADDITIONAL ITEMS REQUIRED lt?.:dition to this completed application form, the following items must be submitted: _ Review Fee (payable to City of Cape Girardeau) See Instructions for more information. CERTIFICATION $20.00 per lot ($200.00 minimum) _ Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size 18" X 24" 24" X 36" Record Plat $46.00 $71.00 Boundary Adjustment Plat $26 .00 $31.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual Vr recording cost differs from the deposit amount) ~ne (1) full size print of the plat -=-gigital file of the plat in .pdf format (can be emailed to cityplanning@cityofcape.org ) Vcompleted minimum requirements checklist I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completed and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances . If I am an agent, I hereby certify that I have notified the Property Owner(s) of Record a the devel 2-J-23 Applicant Si&nature and Prii:ited Name M/f. •t1'"/1c ·iv ·r)e Yo ut<faC f Date OFFICE USE ONLY Date Received & By --""£"'--':).....__-... 2_,:3=----File# -----MUNISApplication# / 35/4 MUNISPermit# ----- Review Fee Received$ ~OD ·· Recording Fee Received$ '] I -Check# 4'"8 Credit Card Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 07/08/2022 RECORD PLAT OF: MASONIC TEMPLE WEST SUBDIVISION ALL OF LOT 18 OF INDEPENDENCE WEST FIRST COMMERCIAL SUBDIVISION AND ALL OF LOT 2 OF INDEPENDENCE WEST THIRD COMMERCIAL SUBDIVISION, JNU.S.P.S. 2199, TOWNSIDP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI (N/F EMILY B. UMBAUGH VOLUNTARY lRUST) (DOC. NO. 2020-11755) IJlT ,. eo.os· LDT 20 FOUND 1/2• IRON ROD BEARING N 09'57168• W, 0.32' FROM CORNER N 83"4.3•.37• H 85"59•40• W 265.50' (N/F WDOO AND HUSTON BANIC) f:gi:: oirus:~~ lu.r Ho. t (BOCK 954, PAGE 5B1) • -l4 0<4 ) FLOOD PLAIN STATEMENT THE ENTIRE TRACT OF THE PROPOSED SUBDIVISION IS SHOWN TO BE WITHIN ZONE ?C" AS SET FORTH ON COMMUNITY PANEL NO. 29031 C0266E WITH AN EFFECTIVE DATE OF 09/29/2011. ZONE ?<"IS NOT WITHIN A FLOOD PRONE AREA. REFERENCES 1. NORTH BASIS = GRID NORTH PER GPS OBSERVATION. 2. GLO PLAT AND NOTES. 3. RECORD PLAT BOOK 13, PAGE 18; PLAT BOOK 17, PAGE 22; DOC. NO. 2021-14544 4. P.O.C. = POINT OF COMMENCEMENT. 5. P.O.B. = POINT OF BEGINNING. 6. N/F = NOW OR FORMERLY. 7. (NTS) = NOT TO SCALE. 8. (M) = MEASURED QUANTITY. 9. (R) = RECORD QUANTITY. SURVEY CEBIIEICATION IITLE REFERENCES DOC. NO. 2022-12615 (SUB) DOC. NO. 2020-11755 (ADJ) BOOK 998, PAGE 135 (ADJ) BOOK 954, PAGE 581 (ADJ) THIS IS TO CERTIFY THAT I HAVE SURVEYED THE FOREGOING DESCRIBED PARCEL OF LAND AND HAVE PREPARED THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SURVEY, TO THE BEST OF MY ABILilY AND THAT SAID PLAT AND SURVEY WERE DONE IN ACCORDANCE WITH lHE CURRENT MISSOURI SURVEY STANDARDS FOR PROPERTY BOUNDARY SURVEYS. SYMBOLS LEGEND 1. = 1/2" IRON ROD (FND). 2. e = 1/2" IRON ROO (SET). -+· ,, NORTH BASIS -GRID NORTH PER GPS OBSERVATION ,. = 60' GRAPHIC SCALE 30 60 3. ------SUBDIVISION BOUNDARY LINE. 4. -• · --• • -LOT LINE TO BE ELIMINATED. 5.-- ---EXISTING EASEMENT LINE. 6.12:/===ZIEXISTING EASEMENT TO BE RELEASED. 7.--E--NEW UTlLilY EASEMENT LINE. B ..................... -BUILDING SETBACK LINE. 9. ------ADJACENT PROPERTY LINE. 10-. --- ---RIGHT-OF-WAY LINE. 11-. -----CENTERLINE. STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) 120 SlJBQIVISIQN PEPICA]ON THE UNDERSIGNED, THE CAPE GIRARDEAU MASONIC TEMPLE ASSOCIATION, A MISSOURI FRATERNAL CORPORATION, OWNER IN FEE OF ALL OF LOT 18 OF INDEPENDENCE WEST FlRST COMMERCIAL SUBDIVISION AS SHOWN IN PLAT BOOK 13, PAGE 18 AND ALL OF LOT 2 OF INDEPENDENCE WEST THIRD COMMERCIAL SUBDIVISION AS SHOWl'I IN PLAT BOOK 17, PAGE 22, IN U.S.P.S. 2199, TOWl'ISHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, CONTAINING 69,569.26 SQUARE FEET (1.60 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the southwest corner of said Lot 2: thence N 06'12'13" E along the West Line of said Lot 2 and said Lot 18, 365.49 feet to the potnt of curve of the arc of a curve to the Right having a radius of 20 feet; thence northeasterly along the arc of said curve, 31.43 feet (chord -N 51"13'26" E, 28.29 feet) to the point of tangency; thence S 83'45'47" E along the North Line of said Lot 18, 144.50 feet to the northeast corner of said Lot 18; thence S 06"17'25" W along the East Line of said Lot 18, 209.46 feet to the southeast comer of said Lot and a point in the North Uno of said Lot 2; thence S 86'01'42" E along the North Une of said Lot 2, 32.26 feet to the northeast comer of said Lot 2; thence S 03"58'18" W along the East Line of said Lot 2, 177.59 feet to the southeast earner of said Lot 2; thence N a3·43•37• W along the South Line of said Lot 2, 203.36 feet to the POINT OF BEGINNING, do hereby subdivide said land into one (1) lot as numbered and designated on the annexed plat, which Is a true and correct representation of said subdivision, which ls hereby named "MASONIC TEMPLE WEST SUBDlVISIOW, subject to all existing easements, rights of way, restrictions and licenses which may exist thereon, either written or Implied. Except for the easements to be released by this plat, the utlllty easements shown hereon are hereby granted to the City of Cape Girardeau, Missouri In perpetutty for public purposes, lncludlng the Installation, malntenance, repair, replacement. and expansion of City water and sewer systems, and as may be authorized by the City to be used by a public or private utility provider for purposes related to the Installation, maintenance, repair, replacement, and expansion of such utility systems. IN WITNESS WHEREOF, I have hereunto eel my hand thle ---~,ay of _______ 20- Kyle West, Presldert The Cape Girardeau Masonic Temple Association STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) ~~rs:~~lly appe~~:d 0 ~)ie West. Presldenl0ofl"h~9 ~~em~1r:rd~~~alcis~~:~ ~C:m~~= A~1:o~~~~n,a~d fraternal corporation, to me personally known, who did state that he executed the foregoing Instrument on behalf of the said corporation, and that he executed the same as the free act and deed of the said corporation. In witness whereof. I hereby set my hand and affix my official seal In the State and County aforesaid, the date first above written. NOTARY PUBLIC My commission expire,~-------- .,.. SUBDIVISION NOTES Zl1t!lll!lll. VICINITY MAP C-2, HIGHWAY COMMERCIAL DISTRICT MINIMUM LOT AREA = NONE MINIMUM LOT WIDTH = NONE 1LL1AM Si- /;; I FRONT YARD: 25 FEET REAR YARD: NONE, EXCE!'T 20 FEET WHEN AOJACENT TO A RESIOENTlAL USE OR DISTRICT, OR TEN FEET WHEN ADJACENT TO AN AGRICULTURAL USE OR DISTRICT. SIDE YARD: NONE, EXCEPT 20 FEET WHEN ADJACENT TO A RESIDENTlAL USE OR OISTRICT, OR TEN FEET WHEN ADJACENT TO AN AGRICULTURAL USE OR DISTRICT. J..QL.Sfill! TOTAL SUBOIVISION AREA = 69,569.26 SQ. FEET (1.60 ACRES) TOTAL NUMBER OF LOlS = 1 SUBPMSION Pl AT PREPARED fOR· THE CAPE GIRAROEAU MASONIC TEMPLE ASSOCIATION 2307 BROADWAY ST • CAPE GIRAROEAU, MO 63701 ------~ Clty Clerk of the City of Cape Girardeau, Mlssourl hereby certify that this plat was approved by the Cfty of Cape Girardeau, Mlssourl by Ordinance No. _____ passed and approved this ____ day ~!JMJilillO!!: THIS SURVEY IS BASED ON CONVEYANCES SHOWN ON THIS PLAT (SEE TITLE REFERENCES) AND DOES NOT CONSTlTUTE A TITLE SEARCH BY lHE SURVEYOR. NO IN\IESTlGATION OR SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE OR OTHER FACTS THAT A CURRENT TITLE SEARCH MAY DISCLOSE HAS BEEN MADE. THE UNDERSIGNED LICENSED LAND SURVEYOR DOES NOT WARRANT THAT ALL RELEVANT CONVEYANCES OR DOCUMENTS HAVE BEEN DISCOVERED OR ARE KNOWN. Filed for record in the office of the county Recorder of Deeds of Cape Girardeau County, Missouri duly recorded under of _______ ___.,o_ documentnumber _______ ~atJackson, Missouri. on this ____ of ------~ 20_AD. THIS UMIJA]ON MAY BE REMOVED UPON PRESENTATION OF A CERTIFIED RECORD SEARCH OF THE LAND DESCRIBED IN THIS SURVEY PRESENTATION. ANDREW DA V1D BLATTNER, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI DOWDY AND DEJOURNETT SURVEYING LARRY D. DOWDY, PLS 1518 MATT DEJOURNETT, PLS 2015000226 DEJOURNETT SURVEYING, LLC. PROFESSIONAL LAND SURVEYORS (LS-2015007724) 2401 STATE IDGHWAY PP SCOTT CITY, MO 63780 Ph: (573) 579-4524 mattdejournett@hotJnail.com IU'1"l'JID' D. DBmUBNBTT PROPBSSIOIW. LlND SUBVBYOR 2015000228 8401 S'l'ATB lllGBll'AY PP BCCIT'l' CITY, IIO 83780 _______ CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI CAPE MASONIC LODGE 108 WEST DRIVE CAPE GIRARDEAU, MO CAPE GIRARDEAU COUNTY DATE: 01/31/2023 RE: DRAWN BY: MDD RE: JOB NUMBER: 2023-001 RE: ASSESSORS MAP No.: 20_;307 SURVEY CLASS: URBAN Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Record Plat Hotty Toddy Court Subdivision 260 & 280 Stepping Stone Way Gabe & Andrea Hensley Gabe & Andrea· Hensley Koehler Engineering & Land Surveying CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner~ MEETING DATE: March 8, 2023 SUBJECT: Hotty Toddy Court Subdivision Record Plat COMMUNITY DEVELOPMENT A record plat has been submitted for Hatty Toddy Court Subdivision, located at 260 and 280 Stepping Stone Way and zoned R-1 (Single-Family Suburban Residential). The plat resubdivides two lots to create one new lot. The plat shows an exception for the omission of the required 10-foot utility easement along the rear lot line of Lot 1. Staff supports the exception because there are no existing or proposed utilities in the area where the easement is required. The attached staff review letter was sent to the applicant. At the time of this report, a corrected plat has not been received. Based on the above findings, staff recommends approval of the record plat, subject to staff's comments being successfully addressed. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU February 23, 2023 Via email to: hensley 777@hotmail.com Gabe and Andrea Hensley 260 Stepping Stone Way Cape Girardeau, MO 63701 RE: Hotty Toddy Court Subdivision Record Plat Dear Mr. and Mrs. Hensley: COMMUNITY DEVELOPMENT City staff has completed its review of the above plat. During the review, the following items were found which need correction or attention: Reviewer #1 Comments -Ryan Shrimplin, City Planner (573) 339-6327; rshrimplin@cityofcape.org 1. Revise the description beneath the plat title to read as follows : ALL OF LOTS ONE HUNDRED FIFTY-SEVEN (157) AND ONE HUNDRED FIFTY-EIGHT (158) OF THE MEADOWS OF WHISPERING OAKS-AMENDED AS RECORDED IN PLAT BOOK 23 AT PAGE 62 IN THE COUNTY LAND RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. 2. The front setback shown in the exhibit is incorrect. It should be 30 feet. 3. Revise all subdivision labels except the one on the Boyd parcel to read: "THE MEADOWS OF WHISPERING OAKS-AMENDED". 4. In the Plat References, remove "SUBDIVISION" from the plat name. 5. In the Legend, remove the SET ½" IRON ROD and RIGHT-OF-WAY LINE symbols. There are no set rods or right-of-way for this plat. 6. In the Subdivision Notes, under Record Owner, remove "SUBDIVISION" from the plat name. 7. In the Subdivision Notes, under Zoning Regulations, correct the front setback. It should be 30 feet. 8. Add the following note to the Subdivision Notes: EXCEPTION NOTE 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQU IRED 10-F0OT UTILITY EASEMENT ALONG THE REAR LOT LINE OF LOT 1. 9. Revise the Subdivision Dedication to read as follows: THE UNDERSIGNED, GABRIEL C. HENSLEY AND ANDREA S. HENSLEY, HUSBAND AND WIFE, OWNERS OF ALL OF LOTS ONE HUNDRED FIFTY-SEVEN (157) AND ONE HUNDRED FIFTY-EIGHT (158) OF THE MEADOWS OF WHISPERING OAKS-AMENDED AS RECORDED IN PLAT BOOK 23 AT PAGE 62 IN THE COUNTY LAND RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 31 NORTH , RANGE 13 EAST , IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DO HEREBY CAUSE SAID LAND TO BE RESUBDIVIDED INTO ONE LOT AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAME "HOTTY TODDY COURT SUBDIVISION". SAID SUBDIVISION IS SUBJECT TO PRIVATE RESTRICTIONS AND COVENANTS AS SET OUT IN A SEPARATE INSTRUMENT ON FILE IN THE LAND RECORDS OF SAID COUNTY. 10. In the notary certificate, remove "A" from "A HUSBAND AND WIFE". 11. In the notary certificate, change "AS THE FREE ACT AND DEED" to "AS THEIR FREE ACT AND DEED". Reviewer #2 Comments -Teresa Heifner, GIS Coordinator (573) 339-6327; theifner@cityofcape.org 12. In the exhibit, revise the label for Stepping Stone Way to read: "STEPPING STONE WAY (PRIVATE STREET)". 13. Both sides of the 50-foot existing access, utility and sewer easement are shown in the wrong symbol. Change them to the EXISTING EASEMENT LINE symbol. 14. The south lines of the Williams Brothers Contracting and Crittenden parcels are shown in the wrong symbol. Change them to the EXTERNAL PARCEL LINE symbol. 15. Add the bearing for the diagonal portion of the 15-foot existing utility and sewer easement cutting across the northeast corner of Lot 158. Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape.org by March 6, 2023. Once the PDF file is received, City staff will review it to make sure all of the corrections have been made. If the PDF file is not received by March 6, 2023, then the Planning and Zoning Commission may postpone taking action on the plat or recommend approval, subject to staff's comments being successfully addressed. All staff comments must be successfully addressed prior to review of the plat by the City Council. Should you have any questions or wish to discuss any of the comments, please contact the appropriate reviewer. Sincerely, 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU Ryan Shrimplin, AICP City Planner COMMUNITY DEVELOPMENT CC: Susan Dodds, Koehler Engineering & Land Surveying (sdodds@koehlerengineering .com ) Travis Steffens, Koehler Engineering & Land Surveying (tsteffens2@koehlerengineering .com ) Carrie Bumpus, Koehler Engineering & Land Surveying (cbumpus@koehlerengineering.com ) 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape .org Hotty Toddy Court Subdivision ,----,-,---~-------------, .{1CITYOj CAPE GIRARDEAU Community Development Dept Carol Peters 13, 2023 Legend D Hotty Toddy Court D Parcels SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Name of Subdivision Type of Plat Hatty Toddy Court Subdivision 12f Record Preliminary Boundary Adjustment Applicant Property Owner of Record Same as Applicant Gabe and Andrea Hensley Mailing Address City, State, Zip Mailing Address City, State, Zip 260 Stepping Stone Way Cape Glr., MO 63701 Telephone I Email Telephone I Email 573.579.4598 hensley _ 777@hotmail.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Koehler Engineering and Land Surveying Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Ln. Cape Glr., MO 63701 Telephone I Email Telephone I Email 573.335.3026 ckoehler@koehlerengineering.com ADDITIONAL ITEMS REQUIRED See Instructions for more information. CERTIFICATION In addition to this completed application form, the following items must be submitted: Review Fee (payable to City of Cape Girardeau) lit 1.,00 . co $20.00 per lot ($200.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat $ 7 l. oO 18" X 24" $46.00 $26.00 24" X 36" $71.00 $31.00 $ 21 \ • 00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) One (1) full size print of the plat Digital file of the plat in .pdf format (can be emailed to cityplanning@cityofcape.org) v' Completed minimum requirements checklist I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completed and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) of Record and the developer of these requirements. S,~ S'us~n. Do~S 2/-,/-i.02?;> Applicant Signature and Printed Name Date OFFICE USE ONLY Date Received & By ~,... /ID-~ .3 File# _____ _ MUNIS Application# {353l, MUNIS Permit# _____ _ _"JDt)\Sl> Review Fee Received $ 0\ , ---Recording Fee Received $ '7 ( , D Check# '72./'Tl':f D Credit Card D Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 07/08/2022 N * W E '\ s NORTH ORIENTATION FROM MISSOURI STA TE PLANE COORDINATE SYSTEM RECORD PLAT FOR HOTTY TODDY COURT SUBDIVISION ALL OF LOTS ONE HUNDRED FIFTY-SEVEN (157) AND ONE HUNDRED FIFTY-EIGHT (158) OF THE MEADOWS OF WHISPERING OAKS AMENDED SUBDIVISION, OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI. LOT 164 -.11::AOOWS Of WHISPERING OAKS $U8D!VISION •• AMENDED BOOie:: 2,1. PAGE 62 N/F BRETT N. &: RDBJN C. BENNETT ET UX DOC. NO. 2022-D5013 I I LOT 163 IAEAOOWS OF WHISPERINC OAKS SU80MSJON -At.lENDf.O 8001{ 2J, PAC£ 62 N/F JACOB & ALLYSON SCHNURBUSCH ET UX DOC. NO. 2017-02862 I I I I I I I I I I I I I I I I I I I I I \ I \ I· ------------t---I LOT 162 MEADOWS OF WHISPERING OAKS SUBDIVISION -AM(NOE'D BOOK 2.t PAGE 62 N/F EUGENE BESAND DOC. NO. 2020-08419 GABRIEL C, HENSLEY AND ANDREAS. HENSLEY DOC. NO. 2017-03593 -----------. -------------------------~ ·1 --- - - - - -i-----rr .:--------\ . I---------DOC. NO. 2019-02740 THE MEADOWS OF WHISPERING OAKS-AMENDED SUBDIVISION PLAT BOOK 23, PAGEB2 RECORD OWNER GABRIEL C. HENSLEY ANO ANDREAS. HENSLEY DOC. NO, 2017-03583 -- --- --- e11: sas•:io'44"W, 64.13' ft,,1QO.OO' L--64.41' 47.56' STE":PING STONE: WA y _ 50 WIDE: 1=ASE:ME:NT S8515'42"£ 127.59' SO.OJ' -1-Tl I r------1 I I I I I I I I \ -----------0 @ = FOUND 1/2" IRON ROD = SET 1/2" IRON ROD DOC, NO. 2019-02740 THE MEADOWS OF WHISPERING OAKS-AMENDED SUBDIVJSJON PLAT BOOK 23, PAGE B2 ZONING REGULATIONS R1 "SINGLE FAMILY SUBURBAN RESIDENTIAL DISTRICT FRONT: TWENTY-FIVE (25) FEET. ---I I I I I I N.T.S. " NOT TO SCALE REAR: TWENTY-FIVE (25) FEET. SIDE: SIX (6) FEET. --- ---------- LOT 156 ldEADOWS Of WHISPERING OAl<S SUBIJl\/!SION -AMENDED BOOK 1.J, PAGE 62 N/F MWAMS BRDlllERS CONTRACTING, LLC DOC. NO. 2D17-12562 -------I I --==---------------~-~-~--j __ 1·---;----------~--_j_ 1i1(Jt--11,;-----I ---f ~:::----- \ \ \ \ \ \ LOT 157 LOT 1 : I:~ --('I"' ,-AND SE11ER F.1SE11£N 38,205 SF i ~m ~--I PlAT 800K 2J. PAO"£ 6~ 0.88ACRES / !;! / / I I I I / I I I I I I I I / I I ,.,_/ I I "! It;,/ I LOT 159 MEAOOWS Of Wt!ISPERING OAKS SUBOIVISION -AMENDED BOOK 23, flAGf 62 ;:;1 ,o, ,s, I Ii 1 J-': MEADOWS OF WH1SP8~~G irii:~VISION -AMOIOCO / / f_l 1'I"' ?::I ,. N/F Iii/ ?I ~I ~lEAOOWS OF WlilSPERING OAKS S!JBOI\/IS!ON -AMENDED BOOK 23, PAGE 62 \ \ \_ N/F GABRIEi. C &: ANGfl.A S HENSLEY ET UX DOC. NO. 2017-0J593 GABRIEi. c & ANGru s I ; S i,,1 HENSLEY ET UX /8 iE /!/ I DOC. NO. 2019-02740 I ~I z ,.,, I J I I I I I I I I I I I I I I I I I I I I I I I N/F SCOTT A & CARRIE L CRITIENDEN ET UX DOC. NO. 2020-07286 = SUBDIVISION BOUNDARY LINE ., RIGHT-OF--WAY LINE "CENTERLINE = EXTERNAL PARCEL LINE = BUILDING SETBACK LINE • .. • • • • • • • • • • • • • • • • • • • • • • • • .. • = LOT LINE TO BE ELIMINATED = EXISTING EASEMENT LINE W*E s NOTTO SCALE MAXIMUM DENSITY· MAXIMUM HEIGHT: MINIMUM LOT AREA; MINIMUMLOJWIPJH· FOUR UNITS PER ONE (1)ACRE. HIGHER DENSITIES MAY BE APPROVED WITH CLUSTER SUBDIVISION, 2-1/2 STORIES NOTTO EXCEED 35 FEET. 10,000 SQUARE FEET. BO FEET. LOT SIZES TOTAL NUMBER OF LOTS: LARGEST LOT AREA: SMALLEST LOT AREA: TOTAL SUBOMS[ON AREA: 1LOT 38,205SF 3B,205SF 38,205 SF (0,88 ACRES) FLOODPLAIN NOTE NO PORTION OF THE SUBJECT PROPERTY FA!.LS WITHIN THE 100 YEAR FLOODPLAIN, AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031C0251E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. PLAT PREPARED BY & SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LANO SURVEYING, INC. 194 COKER LANE, CAPE GIRARDEAU, MO 63701 (573)335-3026 - ---- -----------~f=----J'51~.7t!ft~--_::~N88'56;;,;;;;;;:,51;;;.E;-;;138.ii'.46..:';---~ao.~68'!!!...._-L ___ -=,/ f----,IL -------------- N/F RONALD HUFFMAN lRUST DOC. NO. 2018-04'513 /· /I Ii /. I I /· /I LOT 22 WHISPERING OAKS SUBDIVISION N/F EDWARO E. AND AMY S BOYD oil. ET UX DOC. NO. 2018-02142 THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JULY 31, 2022 THE UNDERSIGNED, GABRIEL C. HENSLEY AND ANDREAS. HENSLEY, A HUSBAND AND WIFE, OWNERS OF ALL OF LOTS ONE HUNDRED FIFTY-SEVEN (157) AND ONE HUNDRED FIFTY-EIGHT (158) OF MEADOWS OF WHISPERING OAKS AMENDED SUBOIVISlON AS RECORDED IN PLAT BOOK 23 AT PAGE 62 IN THE LAND RECORDS, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DOES HEREBY CAUSE SAID LAND TO BE RESUBDIVIDED INTO ONE LOT AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "HOTTY TODDY COURT SUBDIVISION". GABRIELC. HENSLEY, HUSBAND ANDREAS. HENSLEY, WIFE STATE OF MISSOURI ) )SS COUN1Y OF CAPE GIRARDEAU ) ON THIS ___ DAY OF _____ 20_, BEFORE ME, A NOTARY PUBLIC FOR SAID COUN1Y AND STATE, PERSONALLY APPEARED GABRIEL C. HENSLEY AND ANDREAS. HENSLEY, A HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID STATE THAT THEY THE PERSONS DESCRIBED HEREIN, AND WHO EXEClrrED THE FOREGOING INSTRUMENT AS THE FREE Ac:r ANO DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES, ____ NOTARY PUBLIC 1, ________ CITY CLERK OF THE CITY OF CA.PE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ORDINANCE NO. ____________ PASSED AND APPROVED THIS DAY OF ________ A.D.,20_. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) FILEDFORRECORDTHlS ___ DAVOF _______ ~A.D.,20_, IN DOCUMENT NUMBER ________ _ ANDREW DAVID BLATTNER, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI SURVEYDA'TB DRAWllODAT& """""°"" GRAPHIC SCALE i i (IN FEET) 1mch=20 ft. Cape Girardeau,, Missouri Pre (573) 335 -3026 F=: (573) 335 -3049 MO PLS Corp. Certificate #000262 SUSAN DODOS fEV DATE lRAVIS S'JEFFENS JANUARY 2023 FEBRUARY 117, 2023 388119 i Planning & Zoning Commission PROPOSED REVISIONS TO CHAPTER 30 (ZONING ORDINANCE) REGARDING R-4, (Medium Density Multifamily Residential) FOR REVIEW -March 8, 2023 CITY of CAPE GIRARDEAU MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner(/!..& MEETING DATE: March 8, 2023 COMMUNITY DEVELOPMENT SUBJECT: Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District Attached is an amendment to the R-4 section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). The amendment adds a boutique hotel to the list of special uses. A boutique hotel is defined as "a small, independently owned hotel that is design- driven, upscale and unique, with character and personality." The amendment was prepared at the request of Tenmile Companies, which has entered into a contract with Southeast Missouri State University to purchase and convert the historic Himmelberger House at 603 North Henderson Avenue to a boutique hotel.. The property is zoned R-4, which does not permit any type of hotel. Staff did not support rezoning the property to a district that permits a hotel, so the amendment was suggested as an alternative. Tenmile Companies gave a presentation on the boutique hotel proposal at the February 15, 2023 Historic Preservation Commission meeting. The residents of the Boulevard Local Historic District (in which the property is located) were invited to attend the meeting to hear the presentation and provide input. Based on the input received from the Historic Preservation Commission and the residents, staff felt there was enough support to proceed with proposing the amendment. If the amendment is approved by the City Council, then Tenmile Companies will submit a special use permit application for the boutique hotel. If the Planning & Zoning Commission supports the amendment, then it may recommend approval as submitted or with changes. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District March 8, 2023 TEXT TO BE DELETED IS SHOWN IN STRIKl!TMROUGM TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Page 1 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District March 8, 2023 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 18 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (bl Permitted principal uses . (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions . (3) Multifamily dwellings . (4) Townhouses . (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association . (8) Public parks, playgrounds, and recreational facilities . (9) Police and fire stations . (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares . (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108 . (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts . (2) Boutique hotels . For the purposes of this sectio n, the term "boutique hotel" means a small, in dependently owned hotel that is design-drive n, upsca le and unique, with character and personality. ~(3) Cemeteries, on a minimum of ten acres of land . (3) Transitional housing. (4) Wind energy con•.,ersion s•,stems, as permitted in section 30 113. (S) Residential treatment facilities. (6) Public utilities, eJ<cept for buildings and accessory structures that are normal and customary in a zoning district ·Nhich would allow other buildings of the same nature as a use by right. (7) Long term use of shipping containers for accessory uses, as permitted in section 30 105. Page 2 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District March 8, 2023 (4) Long-term use of shippi ng contai ners for accessory uses, as perm itted in section 30-105. (5) Pub lic utiliti es, except for buildings and accessory structures t hat are no r ma l and customary in a zo ni ng district wh ich would allow other bu ildings of the same nature as a use-by-right. (6) Residential treatment facilit i es . (7) Transitiona l housing . (8) Wind energy conve rsion systems, as permitted in section 30-113 . (e) Height, area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 18 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses : None . (5) Minimum yard requirements : a. Front yard : 1. Each townhouse : Ten feet . 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. Page 3 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District March 8, 2023 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 18 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. For the purposes of this section, the term "boutique hotel" means a small, independently owned hotel that is design-driven, upscale and unique, with character and personality. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right. (6) Residential treatment facilities. (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30-113. Page 1 of 2 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District March 8, 2023 (e) Height, area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 18 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. Page 2 of 2