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HomeMy WebLinkAboutP&Z.Agenda.04-12-2023.Packet 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page 1 of 2 AGENDA PLANNING & ZONING COMMISSION WEDNESDAY, APRIL 12, 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 March 8, 2023 meeting. Appearances regarding items not on the agenda. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. Public hearing on the request of JR & JR Enterprises LLC for an exception from Development Code Section 25-1, driveway width regulations, for property located at 188 Vantage Drive. ACTION TAKEN: _____ Approved _____ Approved with Conditions _____ Denied _____ Tabled SUBDIVISION PLATS 2. EOC Subdivision Record Plat. ACTION TAKEN: _____ Recommended Approval _____ Recommended Approval with Conditions _____ Recommended Denial _____ Tabled OTHER ITEMS AND COMMUNICATION 3. Griffin Farm First Subdivision Vacation. ACTION TAKEN: _____ Recommended Approval _____ Recommended Approval with Conditions _____ Recommended Denial _____ Tabled 4. Chapter 30 Amendment Regarding A-1, Airport District. Commission Communication. CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page 2 of 2 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, May 1, 2023. Rezoning and special use permit requests recommended for denial tonight will be referred to the City Council at its meeting on Monday, April 17, 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, April 17, 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 March 8, 2023 City Hall – Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Chris Martin, Nick Martin, Sommer McCauley-Perdue, Melissa Stickel, Sid Whittington, Deborah Young Commission Members Absent: None Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the February 8, 2023 meeting were unanimously approved upon a motion made by Mr. Whittington and seconded by Mr. Blank. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Phillip B. Smith, Architect, L.L.C., 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). Mr. Phillip B. Smith presented the request. He explained that Cape Girardeau Public Schools recently purchased the property, formerly occupied by Red Star Baptist Church, and has plans to renovate it for Cape Central Academy. Grade schools are not permitted in the M-1 district, so the property needs to be rezoned. 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 Mr. Jackson and seconded by Mr. Nick Martin to recommend approval of the rezoning request. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young). SUBDIVISION PLATS 2. The preliminary plat of Strawberry Fields Subdivision was reviewed by the Commission. Ms. Megan Andrews, Layton & Southard, LLC, presented the plat. She stated that a corrected plat was recently submitted and is pending review by the City staff. A staff report was submitted to the Commission, which recommended approval of the preliminary plat, subject to staff’s comments being successfully addressed. A motion was made by Mr. Jackson and seconded by Mr. Whittington to recommend approval of the preliminary plat, subject to staff’s comments being successfully addressed. The motion passed with a roll call vote of 9 CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION City of Cape Girardeau Planning & Zoning Commission Meeting Minutes March 8, 2023 Page 2 of 3 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young). 3. The record plat of Masonic Temple West Subdivision was reviewed by the Commission. Mr. Kyle West, Cape Girardeau Masonic Temple Association, presented the plat. He stated that the plat combines two lots. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Chris Martin and seconded by Ms. Young to recommend approval of the record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young). 4. The record plat of Hotty Toddy Court Subdivision was reviewed by the Commission. Mr. Gabe Hensley, owner, presented the request. He stated that he and his wife recently purchased two adjacent lots on Stepping Stone Way and submitted the plat in order to combine them. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Nick Martin and seconded by Mr. Jackson to recommend approval of the record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Stickel, Whittington, Young). OTHER ITEMS AND COMMUNICATION Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District 5. Mr. Shrimplin presented a proposed amendment to the R-4 section of the Zoning Code (Chapter 30 of the City’s Code of Ordinances). He explained that the amendment adds a boutique hotel to the list of special uses. The amendment defines a boutique hotel 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. Mr. Chris Martin recused himself from discussion and voting on the amendment due to his employment with Southeast Missouri State University. Mr. Nick Martin asked if the definition of boutique hotel should include a restriction on the number of rooms. Mr. Shrimplin replied that staff discussed imposing such a restriction but ultimately decided to make it general and leave it to interpretation. A motion was made by Mr. Blank and seconded by Mr. Jackson to recommend approval of the amendment. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 1 abstaining (Aye: Blank, Greaser, Jackson, N. Martin, McCauley- Perdue, Stickel, Whittington, Young; Abstain: C. Martin). City of Cape Girardeau Planning & Zoning Commission Meeting Minutes March 8, 2023 Page 3 of 3 Commission Communication Chairman Greaser informed the Commission that Mr. Tom Welch recently passed away. Mr. Welch served on the Planning & Zoning Commission for several years. 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 February 21, 2023:  The Meadows of Whispering Oaks – Third Record Plat – 2nd & 3rd Readings  Lilmac East Third Subdivision Record Plat – 1st Reading The City Council approved the following on March 6, 2023:  Lilmac East Third Subdivision Record Plat – 2nd & 3rd Readings  2403 South Sprigg Street Rezoning – 1st Reading  3439 William Street Special Use Permit – 1st Reading  Bertrand Subdivision Record Plat – 1st Reading Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:20 p.m. upon a motion made by Mr. Jackson and seconded by Ms. McCauley-Perdue. Respectfully submitted, Deborah Young, Secretary Planning & Zoning Commission APPLICATION FOR: Exception ADDRESS OF PROPERTY: 188 Vantage Drive APPLICANT: Jack Ruopp PROPERTY OWNER: JR & JR Enterprises, LLC EXCEPTION(S) REQUESTED: Section 25-1, Driveway width f'v--/~ l,, I-,tl~+c. J {IV) I Io rX~ /.,}""' /)y J> s w t-:J,evv!o I ~1. ~ f le,/'" r }.i /.-;e71,i._ J 7--? t, Wt ·r( /cP--. _sf>,-V'~f- 11,. ;DD /y& ) e v ,-1/L ]_-:z <-. ~--_: . f (!_J Lob s·kr {s") ,3 )--~ 1 k,1 ; JI t Crk. 5'/-_ (~(J{ f' ' 0l1·+ ~ too l(88'lLf- "3 3s-z.: Planning & Zoning Commission TYPE OF PLAT SUBMITTED: Record Plat NAME OF SUBDIVISION: EOC Subdivision LOCATION OF TRACT: 3555 Veterans Memorial Drive APPLICANT: Touchdown Development Group, LLC PROPERTY OWNER: Touchdown Development Group, LLC PROFESSIONAL SURVEYOR/ ENGINEER: Koehler Engineering & Land Surveying DEVELOPER: 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org April 3, 2023 (Revised April 6, 2023) Via email to: morganlake@mac.com Ms. Morgan Lake Touchdown Development Group LLC 2007 Independence St. Cape Girardeau, MO 63701 RE: EOC Subdivision Record Plat Dear Ms. Lake: 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 2 OF GREATER CAPE GIRARDEAU BUSINESS PARK – PHASE III AS RECORDED IN DOCUMENT NO. 2016-01888 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, BEING IN UNITED STATES PRIVATE SURVEY NUMBERS 202 AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. 2. The subdivision is missing the southernmost part of Lot 2 of Greater Cape Girardeau Business Park – Phase III. Revise the plat to include this part in the subdivision, including adding a proposed lot number/square feet/acres label. Also, the ownership shown on this part is incorrect. The City of Cape Girardeau still owns it (Doc. No. 2014-06687). We have notified the County Assessor’s Office of the ownership error in its parcel mapping system. 3. Proposed Lot 1 is now owned by Cape Girardeau County (Doc. No. 2022-13123). Update the owner name and deed reference label. 4. Make the following revisions to the legend:  Remove the EXTERNAL PARCEL LINE symbol. It is not used in the exhibit.  Change the EXISTING EASEMENT LINE symbol to match the exhibit (it should have longer dashes than the BUILDING SETBACK LINE symbol).  Add a unique symbol for NEW EASEMENT LINE. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org  Remove the FLOODWAY LIMITS, FLOODPLAIN LIMITS, and BASE FLOOD ELEVATION (BFE) symbols. It is our understanding that accurate boundaries cannot be established at this time due to the age of the Flood Insurance Rate Map relative to the construction of Veterans Memorial Drive. 5. Remove the floodway, floodplain, and base flood elevation information from the exhibit, but keep the Floodplain Note. 6. Change lines L2 through L7 to the NEW LOT LINE symbol. 7. In all of the subdivision name labels, spell out “GIRARDEAU” and remove “SUBDIVISION”. 8. The owner name and deed reference label for proposed Lot 2 is missing “GROUP”. 9. Revise all of the existing 10-foot wide drainage and utility easement labels to read as follows: EXISTING 10’ WIDE PRIVATE DRAINAGE & PUBLIC UTILITY EASEMENT DOC. NO. 2016-01888 10. Add a 10-foot wide private drainage and public utility easement along the rear lot line of the southernmost part of Lot 2 of Greater Cape Girardeau Business Park – Phase III as shown in the attachment. 11. Extend the 25-foot front setback and add a 25-foot rear setback to the southernmost part of Lot 2 of Greater Cape Girardeau Business Park – Phase III as shown in the attachment. 12. In the Subdivision Notes section, change “RECORD OWNER” to “RECORD OWNERS”, and add the following after Touchdown Development Group’s information: CAPE GIRARDEAU COUNTY DOC. NO. 2022-13123 CITY OF CAPE GIRARDEAU DOC. NO. 2014-06687 13. In the Subdivision Notes section, under Lot Sizes, change the total number of lots to 3. 14. In the Subdivision Notes section, under Lot Sizes, update the smallest lot area. 15. In the Subdivision Notes section, under Lot Sizes, update the total subdivision area. 16. In the Subdivision Notes section, revise the Floodplain Note to read as follows: THIS PROPERTY FALLS WITHIN MINIMAL FLOOD HAZARD “ZONE X”, AND FLOODWAY “ZONE AE” AS INDICATED ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 29031C0163E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org 17. Add the following notes to the Subdivision Notes section: EXCEPTION NOTE AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED CROSS-ACCESS EASEMENT BETWEEN LOTS 1, 2, AND 3. STORMWATER MANAGEMENT NOTE THE OWNER OF EACH LOT WITHIN THE SUBDIVISION IS JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT OF WAY OR A PUBLIC DRAINAGE OR DETENTION EASEMENT AS REQUIRED BY CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI. THIS PROVISION HEREBY CONSTITUTES A DEED RESTRICTION IN SATISFACTION OF CHAPTER 25 OF SAID CODE OF ORDINANCES. SAID DEED RESTRICTION IS PERPETUAL AND SHALL RUN WITH THE LAND. 18. Revise the Plat References section to read as follows: TOUCHDOWN DEVELOPMENT GROUP LLC DOC. NO. 2022-11843 CAPE GIRARDEAU COUNTY DOC. NO. 2022-13123 CITY OF CAPE GIRARDEAU DOC. NO. 2014-06687 DRURY DEVELOPMENT CORP. DOC. NO. 2017-01898 GREATER CAPE GIRARDEAU BUSINESS PARK – PHASE III DOC. NO. 2016-01888 19. Revise the first paragraph of the Subdivision Dedication section to read as follows: THE UNDERSIGNED, TOUCHDOWN DEVELOPMENT GROUP LLC, A MISSOURI LIMITED LIABILITY COMPANY, CAPE GIRARDEAU COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF MISSOURI, AND THE CITY OF CAPE GIRARDEAU, A MISSOURI MUNICIPAL CORPORATION, OWNERS IN FEE OF ALL OF LOT 2 OF GREATER CAPE GIRARDEAU BUSINESS PARK – PHASE III AS RECORDED IN DOCUMENT NO. 2016-01888 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, BEING IN UNITED STATES PRIVATE SURVEY NUMBERS 202 AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org 20. Update the second paragraph of the Subdivision Dedication section to include the southernmost part of Lot 2 of Greater Cape Girardeau Business Park – Phase III. 21. Add the following paragraph to the end of the Subdivision Dedication section: HEREBY CAUSE SAID LAND TO BE SUBDIVIDED INTO LOTS AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED “EOC SUBDIVISION”. THE NEW PUBLIC UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION O F CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. 22. Revise Ms. Lake’s signature line to read as follows: _____________________________ MORGAN LAKE, MANAGER TOUCHDOWN DEVELOPMENT GROUP LLC 23. In Ms. Lake’s notary certificate, “TOUCHDOWN DEVELOPMENT LLC” is missing “GROUP”. 24. Add the following signature lines and notary certificates: _____________________________ CLINT TRACY, PRESIDING COMMISSIONER CAPE GIRARDEAU COUNTY STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) ON THIS ________ DAY OF ____________________, 20____, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED CLINT TRACY, WHO, BEING BY ME DULY SWORN, DID STATE THAT HE IS THE PRESIDING COMMISSIONER OF CAPE GIRARDEAU COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF MISSOURI, AND THAT HE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID COUNTY, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID COUNTY. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org MY COMMISSION EXPIRES _______________. _____________________________ NOTARY PUBLIC _____________________________ DR. KENNETH HASKIN, CITY MANAGER CITY OF CAPE GIRARDEAU STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) ON THIS ________ DAY OF ____________________, 20____, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED DR. KENNETH HASKIN, WHO, BEING BY ME DULY SWORN, DID STATE THAT HE IS THE CITY MANAGER OF THE CITY OF CAPE GIRARDEAU, A MISSOURI MUNICIPAL CORPORATION, AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE OFFICIAL SEAL OF SAID CITY, AND THAT SAID INSTRUMENT WAS SIGNED AND SEALED ON BEHALF OF SAID CITY BY AUTHORITY OF ITS CITY COUNCIL, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID CITY. IN 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 25. Add the required public stormwater detention basin easement and related drainage easements per the Utility Easement Agreement between Touchdown Development Group LLC and the City of Cape Girardeau, Missouri dated November 10, 2022. 26. Contact Casey Brunke, Assistant Public Works Director, at (573) 339-6351 or cbrunke@cityofcape.org to determine if any additional public utility easements must be shown on this plat. Reviewer #2 Comments – Teresa Heifner, GIS Coordinator (573) 339-6327; theifner@cityofcape.org 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org 27. In the vicinity map, revise the shape of the Subdivision Location to include the southernmost part (i.e., the City-owned parcel). 28. Remove the existing 20-foot easement (Doc. No. 2022-11843) from the City-owned parcel. 29. A line is shown crossing LaSalle Avenue. It appears to be the dividing line between MoDOT right-of-way and City of Cape Girardeau right-of-way. Add a label for each on their respective side of the line. 30. Please contact me to discuss the existing easements in the northeast corner of proposed Lot 2 adjacent to Veterans Memorial Drive. 31. Show the area reserved for future detention basin (Doc. No. 2016-01888) using a unique symbol and add it to the legend. Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape.org by April 10, 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 April 10, 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, Ryan Shrimplin, AICP City Planner CC: Susan Dodds, Koehler Engineering & Land Surveying (sdodds@koehlerengineering.com) Chris Koehler, Koehler Engineering & Land Surveying (ckoehler@koehlerengineering.com) Carrie Bumpus, Koehler Engineering & Land Surveying (cbumpus@koehlerengineering.com) 102 3555 3501 28952892 2884 I N T E R S T A T E 5 5 VE T E R A N S M E M O R I A L LASALL E COUNTY ROAD 618 B A I N B R I D G E MAIN I N T E R S T A T E 5 5 EOC Subdivision . Legend EOC Subdivision Parcels0410820205Feet Created by: Community Development Dept. Carol Peters March 17, 2023 CITYOjCAPE GIRARDEAU LO T 1 27 2 , 9 3 9 S F 6. 2 7 A C R E S LO T 2 95 6 , 0 4 5 S F 21 . 9 5 A C R E S La S a l l e A v e n u e ( R / W V a r i e s ) LOT 1 272,939 SF 6.27 ACRES LOT 2 956,045 SF 21.95 ACRES ST A . 9 2 7 + 3 5 15 5 . 0 ' VICINITY MAP - N.T.S. THE UNDERSIGNED, MORGAN LAKE, MANAGER OF TOUCHDOWN DEVELOPMENT GROUP LLC, A MISSOURI LIMITED LIABILITY COMPANY, OWNER IN FEE OF ALL OF LOT 2 OF THAT PART OF GREATER CAPE GIRARDEAU BUSINESS PARK - PHASE III, AS SET OUT IN DOCUMENT 2016-01888 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, BEING IN UNITED STATES PRIVATE SURVEYS NUMBER 202 AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHERNMOST CORNER OF SAID LOT NO. 2, SAID POINT BEING MARKED BY A FOUND MISSOURI DEPARTMENT OF TRANSPORTATION 5/8"Ø URBAN RIGHT OF WAY MARKER, SAID RIGHT OF WAY MARKER BEING LOCATED ON THE EAST LINE OF INTERSTATE '55', 155.00 FEET OPPOSITE AND NORMAL TO CENTERLINE STATION 927+35; THENCE WITH THE EAST LINE OF SAID INTERSTATE '55', NORTH 25°33'42” WEST, 335.93 FEET; THENCE NORTH 21°17'37” WEST, 700.00 FEET; THENCE NORTH 07°04'31" EAST, 113.65 FEET; THENCE NORTH 21°17'37" WEST, 622.30 FEET; THENCE NORTH 08°33'58" WEST, 453.44 FEET; THENCE NORTH 02°58'57" EAST, 502.76 FEET; THENCE NORTH 29°34'15" EAST, 501.24 FEET; TO THE INTERSECTION OF THE EAST LINE OF INTERSTATE '55 AND THE SOUTH LINE OF LASALLE AVENUE, THENCE WITH THE SOUTH LINE OF SAID LASALLE AVENUE, NORTH 68°35'56" EAST 209.51; TO THE MOST NORTHWESTERLY CORNER OF LOT NO. 1 OF SAID GREATER CAPE GIRARDEAU BUSINESS PARK PHASE III, THENCE LEAVING THE SOUTH LINE OF SAID LASALLE AVENUE AND WITH THE WEST LINE OF SAID LOT 1, SOUTH 12°34'41" EAST, 308.47 FEET; THENCE SOUTH 44°15'24" EAST, 356.55 FEET; TO THE MOST SOUTHERLY CORNER OF SAID LOT NO. 1 OF GREATER CAPE GIRARDEAU BUSINESS PARK PHASE III, SAID POINT BEING ON THE WEST LINE OF VETERANS MEMORIAL DRIVE, THENCE WITH SAID WEST LINE, SOUTH 27°43'11" WEST, 456.77 FEET; THENCE ALONG AN ARC TO THE LEFT HAVE A RADIUS OF 1050.00 FEET A DISTANCE OF 886.98 FEET (THE CHORD OF SAID ARC BEARS SOUTH 03°31'11" WEST, 860.84 FEET); THENCE SOUTH 20°40'49" EAST, 483.33 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 470.00 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 250.50 FEET (THE CHORD OF SAID ARC BEARS SOUTH 35°56'56” EAST 247.54 FEET); THENCE SOUTH 51°13'03” EAST 46.38 FEET; THENCE LEAVING THE EAST LINE OF SAID VETERANS MEMORIAL DRIVE, SOUTH 35°48'34” WEST, 44.87 FEET; THENCE SOUTH 22°07'49” WEST, 120.52 FEET; THENCE SOUTH 28°37'41” WEST, 41.37 FEET; THENCE SOUTH 03°26'42” EAST, 60.91 FEET; THENCE SOUTH 23°36'15” WEST, 44.15 FEET; THENCE SOUTH 00°20'56” WEST, 193.24 FEET; THENCE SOUTH 33°27'49” WEST, 156.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 29.88 ACRES, MORE OR LESS. MORGAN LAKE, MANAGER STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) ON THIS ___________ DAY OF ____________________, 20____, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED MORGAN LAKE, WHO, BEING BY ME DULY SWORN, DID STATE THAT SHE IS THE MANAGER OF TOUCHDOWN DEVELOPMENT LLC, A MISSOURI LIMITED LIABILITY COMPANY, AND THAT SHE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID COMPANY, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID COMPANY. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES . NOTARY PUBLIC I, ___________________________, CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ORDINANCE NO. ___________________________________________, PASSED AND APPROVED THIS _________ DAY OF ____________________________, A.D., 20____. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) FILED FOR RECORD THIS _________ DAY OF ____________________________, A.D., 20____, IN DOCUMENT NUMBER ________________________________. ANDREW DAVID BLATTNER, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI SUBDIVISION DEDICATIONSUBDIVISION NOTES ZONING REGULATIONS LOT SIZES PLAT PREPARED BY & SURVEYING SERVICES PROVIDED BY: RECORD OWNER FLOODPLAIN NOTE LEGEND NOT TO SCALE PLAT REFERENCES SUBDIVISION LOCATION NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM LINE TABLE LINE # DIRECTION LENGTH L1 S33' 27' 49"W 156, 14' L2 soo· 20· 56"W 193,24' L3 S23' 36' 15"W 44,15' L4 S03' 26' 42"E 60,91' L5 S28' 37' 41 "W 41,37' INOOVATION WAY AVE. z §. c~ ~c COKERLN. N RECORD PLAT FOR EOC SUBDIVISION ALL OF LOT 2 OF THAT PART OF GREATER CAPE GIRARDEAU BUSINESS PARK -PHASE Ill, AS SET OUT IN DOCUMENT 2016-01888 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, BEING IN UNITED STATES PRIVATE SURVEYS NUMBER 202 AND 790, TOWNSHIP 31 NORTH, RANG E13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. ZONING: SETBACKS: TOUCHDOWN DEVELOPMENT GROUP LLC DOC. NO. 2022-11843 M1 -LIGHT MANUFACTURING/INDUSTRIAL DISTRICT FRONT: TWENTY-FIVE (25) FEET. REAR: TWENTY-FIVE (25) FEET. SIDE: NONE, EXCEPT ON A LOT ABUTTING A RESIDENTIAL DISTRICT THERE SHALL BE A SIDE YARD OF NOT LESS THAN TEN (10) FEET ON THE SIDE OF THE LOT ABUTTING THE RESIDENTIAL DISTRICT. TOTAL NUMBER OF LOTS: LARGEST LOT AREA: SMALLEST LOT AREA: TOTAL SUBDIVISION AREA: 2LOTS 956,045 SF 272,939 SF 1,229,984 SF (28.21 ACRES) PORTIONS OF THIS PROPERTY FALLS WITHIN THE AREA OF MINIMAL FLOOD HAZARD "ZONE X", AND FLOODWAY "ZONE AE" AS INDICATED ON THE FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 29031C 0163 E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. L6 S22' 07' 49"W 120,52' * W E MAXIMUM HEIGHT: 40 FEET EXCLUDING SILOS, L7 LB 895 cc S35' 48' 34"W 44,87' S51' 13' 03"E 46,38' /"' LOT 1 N/F GREATER CAPE GIR BUSINESS PARK DRURY DEVELOPMENT CORP. PH Ill SUBDIVISION DOC. ND. 2016-01888 DOC. NO. 2017-01898 '\ ~~~~S1~~~·•g1"E"~JOB.~•r~~.;;;;;;;~~ ~'\ I --<q,"*· I ---~ "' 't,"1~ I ...___ =.,;.,,,---'1&, ·sb~<?il f8-i ~ ~ "'"'~ io i'ii . .. "'"' q,.~ "''ti'- ~ ~ t,f ~ I! ' '9-c'l'il-o;~~ <3c· ~ SOUTH LINE OF LASAill AVENUE • ' ' ,' \ '' ''' ¢",j, '', , ##i#' '\ ~ ,r;;,~~v r&'fi:.{ ' _.,,_s-<$ 'I!-~r:,-'' V <#' ' !JOO CID ' ' JU1 I DC 'lo,~ !J02 (10 s MINIMUM LOT AREA: MINIMUM LOT WIDTH: ' ' ' ' ' LOT 2 ' ' ' ' ' . ' ' ' GREATER CAPE GIR BUSINESS PARK PH Ill SUBDl~SION DOC. NO. 2016-01888 N/F TOUCHDOl'IN DEVELOPMENT LLC DOC. NO. 2022-11843 ' ' ' ' ' ' SMOKESTACKS, AND DUST COLLECTION SYSTEMS. NONE. NONE. ' ' ' ', "/, ct ' "'~"& '' "t:r!yv \\ ' ' ' ' ' ' ' ', ' ' . ' !J04 (10 !J06 (10 !J07 (10 !JOO OD KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE, CAPE GIRARDEAU, MO 63701 (573) 335-3026 TOUCHDOWN DEVELOPMENT GROUP LLC DOC. NO. 2022-11843 GREATER CAPE GIRARDEAU BUSINESS PARK -PHASE Ill DOC. NO. 2016-01888 N/F TOUCHDOWN DEVELOPMENT GROUP LLC DOC. NO. 2022-11843 NORTH BOUND LANE INTERSTATE '55' J1 ::: I DC CJ' 1 I :x: J12 I DC J13 I DC J15 I DC J1 SI DC 917 I C::C 919+UC SLU-UU LOT 2 GREATER CAPE GIR BUSINESS PARK PH Ill SUBDIVISION DOC. NO. 2D16-01888 921 IDC '.:J/7 OD 924-00 --++---1--1----+ -1----J14 I DC + ----1--1----S23-00 + ----1- f CENTERLINE OF ,--/---COUNTY ROAD 618 N/F CULA LP DOC. NO. 2013-02160 ' POINT OF BEGINNING ~ ~ 11T11--------------------------------------7------=::--=::::=:::~~~;;;;;;;~~~~~:------SOUTHBOUNDLANE------------------------------------------------------------------~----=== INTERSTATE '55' CURVE TABLE CURVE # LIENGTH RADIUS DELTA CHORD DIRECTION C1 250.50' 470.00' 30'32'14" S35' 56' 56"E N.T.S. CHORD LENGTH 247.54' = FOUND 112" IRON ROD = FOUND RIGHT-OF-WAY MARKER = NOT TO SCALE = SUBDIVISION BOUNDARY LINE = NEW LOT LINE = CENTERLINE -"'V'V'V'vV'v- = EXTERNAL PARCEL LINE = BUILDING SETBACK LINE = EXISTING EASEMENT LINE = FLOODWAY LIMITS = FLOODPLAIN LIMITS = BASE FLOOD ELEVATION (BFE) 100 0 ~I GRAPHIC SCALE 50 100 200 ... I_I I I THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE ( IN FEET ) CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI I inch = 100 ft. AS MADE EFFECTIVE JULY 31, 2022 DRAWN BY CHECKED BY= SURVEY DATE: DRAWING DATE· DRAWING NO= ssional Engineers & Land Su. 194 Coker Lane Cape Girardeau, Missouri 63701 Ph: (573) 335 -3026 Fax: (573) 335 -3049 MO PLS Corp. Certificate #000262 SUSAN DODDS REV DATE DESCRIPTION CHRISTOPHER KOEHLER JANUARY 2023 MARCH 15, 2023 38752 INITIALS Planning & Zoning Commission REQUEST: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: Subdivision Vacation Griffin Farm First Subdivision Along Route K -West of 265 Notre Dame Drive Melanie Cantrell James L. & Wanda L. Drury Trust Planning & Zoning Commission PROPOSED REVISIONS TO CHAPTER 30 (ZONING ORDINANCE) REGARDING A-1, (Airport District) FOR REVIEW – April 12, 2023 Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 1 of 7 TEXT TO BE DELETED IS SHOWN IN STRIKETHROUGH TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 2 of 7 Sec. 30-70. - A-1, Airport District. (a) Purpose. The purpose of this district is intended to regulate development of land surrounding the Cape Girardeau Regional Airport. To promote compatible land uses with the airport and associated uses of surrounding land, along with protecting the airport from incompatible development. The A-1 district is intended for the Cape Girardeau Regional Airport and other properties that are intended for airport-related uses. (b) Permitted principal uses. (1) Public airport airports owned and/or operated by a general or special purpose unit of government, to include all air-side support facilities necessary for operation. (2) General Facilities for general commercial aviation, air charter service, aircraft maintenance, pilot training, and scheduled air passenger and freight services. (3) Automobile and aircraft parking and storage. storage facilities. (4) Aircraft and aircraft parts repair, construction, reconstruction, construction or maintenance. or maintenance facilities. (5) Offices and office buildings. Offices. (6) Warehousing. Warehouses. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. (2) Motor fuel filling, dispensing Fuel dispensing and storage facilities for vehicles and aircraft. (3) Agricultural use, limited to row crop production and excluding the raising of trees or animals, Row crop production, subject to applicable FAA Federal Aviation Administration regulations. (4) Public parks, playgrounds and recreational facilities. (5) Hotels. (6) Food service, service facilities including, including restaurants and food dispensing. but not limited to, restaurants. (7) Advertising signs, limited to on-premises signs advertising the name and services of a business located in this district. (8) Billboards, but only in conformance with section 25-109. as permitted elsewhere in the city Code. (9) Any sign Signs erected and maintained pursuant to and in the discharge of a governmental function or required by law, ordinance or governmental regulation. In addition, any sign referred to in subsections (c)(6), (7), and (8) of this section must also comply with the rules and regulations of the Cape Girardeau Regional Airport, any applicable state or federal law, and receive prior written approval from the airport manager. (10) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) General retail sales. Retail or rental establishments. (2) Any use permitted in the M-1, Light Manufacturing/Industrial District and or M-2, Heavy Manufacturing/Industrial District. District not included in section 30-70(b) or (c). (3) 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. Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 3 of 7 (4) Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105. (5) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (e) Height, area, bulk width, and setback requirements. (1) Maximum height: Two stories not to exceed 30 feet. 40 feet, not to exceed three stories except for control towers, which shall have no maximum height. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum yard requirements; front, rear and side yard: 25 feet for front and rear, ten feet for side yard. Front, rear and side yard requirements do not apply to structures constructed on or immediately adjacent to any runway or aircraft apron at the Cape Girardeau Regional Airport. Minimum setbacks: a. Front yard: 25 feet. b. Rear yard: 25 feet. c. Side yard: Ten feet. d. Setback from an airport runway or apron: as approved by the city manager, subject to applicable Federal Aviation Administration regulations. (5) Maximum building coverage: None. (f) Open space, landscaping landscaping, and bufferyard requirements. (1) Open Minimum open space: None. (2) Landscaping shall be provided as required in chapter 25. Landscaping and bufferyards shall be provided as required elsewhere in the city Code. (3) A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25. (g) Height regulations; definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Airport means Cape Girardeau Regional Airport. Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level. Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in subsection (i) of this section. In the airspace plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. Approach, transitional, horizontal, and conical zones mean these zones as set forth in subsection (h) of this section. Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet. Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Height means, for the purpose of determining the height limits in all zones set forth in this section and shown on the airspace plan, the datum shall be mean sea level elevation unless otherwise specified. Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 4 of 7 Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in the airspace plan coincides with the perimeter of the horizontal zone. Nonconforming use means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section, or any amendment thereto. Nonprecision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. Obstruction means any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in subsection (i) of this section. Person means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or similar representative of any of them. Precision instrument runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in subsection (h) of this section. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway means a defined area of an airport prepared for landing and take-off of aircraft along its length. Structure means an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines. Transitional surfaces means surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces; also, transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline. Tree means any object of natural growth. Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less. Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures. (h) Airport zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Cape Girardeau Regional Airport. Such zones are shown in the most recent approved airport layout plan which is incorporated into this article section and made a part hereof as though fully set out herein. An area located in no more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (1) Runway 20 visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. --- Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 5 of 7 (2) Runway 02 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (3) Precision instrument runway 10 approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (4) Runway 28 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (5) Transitional zones. The transitional zones are the areas beneath the transitional surfaces. (6) Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated as utility or visual, and 10,000 feet radii for all others measured from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing a line tangent to these arcs. The horizontal zone does not include the approach and transitional zones. (7) Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. (i) Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this article section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limits are hereby established for each of the zones in question as follows: (1) Runway 20 visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. (2) Runway 02 nonprecision instrument approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. (3) Precision instrument runway 10 approach zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline. (4) Runway 28 nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. (5) Traditional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 342 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline. --- Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 6 of 7 (6) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 492 feet above mean sea level. (7) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. (8) Excepted height limitations. Nothing in this article section shall be construed as prohibiting the construction or maintenance of any structure to a height of 30 feet, or growth of any tree to a height of 50 feet, above the surface of the land. (j) Use restrictions. Notwithstanding any other provision of this article, section, no use may be made of land or water within any zone established by this article section in such a manner as to create electrical interference with navigation signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of the aircraft intending to use the airport. (k) Nonconforming uses. (1) Regulations not retroactive. The regulations prescribed by this article section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance from which this article section derives, or otherwise interfere with the continuance of such nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance from which this article section derives. (2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Cape Girardeau Regional Airport. (l) Permits. (1) Future uses. Except as specifically provided for in subsections (l)(1)a through c of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted by the building official. city. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article section shall be granted unless a variance has been approved in accordance with section 30-30. a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 7 of 7 c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article section except as set forth in subsection (i)(8) of this section. (2) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance from which this article section is derived or any amendments thereto, or than it is when the application for the permit is made. Except as indicated, all applications for such a permit shall be granted. (3) Nonconforming uses abandoned or destroyed. Whenever the building official city determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. (4) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this article, section, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed granted where it is duly found that a the literal application or strict enforcement of the regulations will result in unnecessary hardship, and that the relief granted will not be contrary to the public interest and will not create a hazard to air navigation facilities and the safe, efficient use of navigable airspace. In addition, such variances shall only be allowed where it is duly found that the relief granted will do substantial justice and will be in accordance with the spirit of this article. section. Additionally, no application for variance to the requirements of this article section may be considered by the board of adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within 15 days after receipt, by the time of the board of adjustment review, then the board of adjustment may act on its own to grant or deny said application. (5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this article section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of adjustment, this condition may be modified to require the owner to permit the Cape Girardeau Regional Airport at its own expense, to install, operate and maintain the necessary markings and lights. (m) Enforcement. It shall be the duty of the building official city to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the building official city upon a form published for that purpose. Applications required by this article section to be submitted to the building official city shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the building official city. (n) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this article section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 1 of 6 Sec. 30-70. - A-1, Airport District. (a) Purpose. The A-1 district is intended for the Cape Girardeau Regional Airport and other properties that are intended for airport-related uses. (b) Permitted principal uses. (1) Public airports owned and/or operated by a general or special purpose unit of government, to include all air-side support facilities necessary for operation. (2) Facilities for general commercial aviation, air charter service, aircraft maintenance, pilot training, and scheduled air passenger and freight services. (3) Automobile and aircraft parking and storage facilities. (4) Aircraft and aircraft parts repair, construction, reconstruction, or maintenance facilities. (5) Offices. (6) Warehouses. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. (2) Fuel dispensing and storage facilities for vehicles and aircraft. (3) Row crop production, subject to applicable Federal Aviation Administration regulations. (4) Public parks, playgrounds and recreational facilities. (5) Hotels. (6) Food service facilities including, but not limited to, restaurants. (7) Advertising signs, limited to on-premises signs advertising the name and services of a business located in this district. (8) Billboards, as permitted elsewhere in the city Code. (9) Signs erected and maintained pursuant to and in the discharge of a governmental function or required by law, ordinance or governmental regulation. In addition, any sign referred to in subsections (c)(6), (7), and (8) of this section must also comply with the rules and regulations of the Cape Girardeau Regional Airport, any applicable state or federal law, and receive prior written approval from the airport manager. (10) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Retail or rental establishments. (2) Any use permitted in the M-1, Light Manufacturing/Industrial District or M-2, Heavy Manufacturing/Industrial District not included in section 30-70(b) or (c). (3) 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. (4) Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105. (5) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (e) Height, area, width, and setback requirements. Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 2 of 6 (1) Maximum height: 40 feet, not to exceed three stories except for control towers, which shall have no maximum height. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: 25 feet. b. Rear yard: 25 feet. c. Side yard: Ten feet. d. Setback from an airport runway or apron: as approved by the city manager, subject to applicable Federal Aviation Administration regulations. (5) Maximum building coverage: None. (f) Open space, landscaping, and bufferyard requirements. (1) Minimum open space: None. (2) Landscaping and bufferyards shall be provided as required elsewhere in the city Code. (g) Height regulations; definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Airport means Cape Girardeau Regional Airport. Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level. Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in subsection (i) of this section. In the airspace plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. Approach, transitional, horizontal, and conical zones mean these zones as set forth in subsection (h) of this section. Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet. Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Height means, for the purpose of determining the height limits in all zones set forth in this section and shown on the airspace plan, the datum shall be mean sea level elevation unless otherwise specified. Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in the airspace plan coincides with the perimeter of the horizontal zone. Nonconforming use means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section, or any amendment thereto. Nonprecision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. Obstruction means any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in subsection (i) of this section. Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 3 of 6 Person means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or similar representative of any of them. Precision instrument runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in subsection (h) of this section. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway means a defined area of an airport prepared for landing and take-off of aircraft along its length. Structure means an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines. Transitional surfaces means surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces; also, transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline. Tree means any object of natural growth. Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less. Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures. (h) Airport zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Cape Girardeau Regional Airport. Such zones are shown in the most recent approved airport layout plan which is incorporated into this section and made a part hereof as though fully set out herein. An area located in no more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (1) Runway 20 visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (2) Runway 02 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (3) Precision instrument runway 10 approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (4) Runway 28 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 4 of 6 uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (5) Transitional zones. The transitional zones are the areas beneath the transitional surfaces. (6) Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated as utility or visual, and 10,000 feet radii for all others measured from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing a line tangent to these arcs. The horizontal zone does not include the approach and transitional zones. (7) Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. (i) Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limits are hereby established for each of the zones in question as follows: (1) Runway 20 visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. (2) Runway 02 nonprecision instrument approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. (3) Precision instrument runway 10 approach zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline. (4) Runway 28 nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. (5) Traditional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 342 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline. (6) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 492 feet above mean sea level. (7) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. (8) Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure to a height of 30 feet, or growth of any tree to a height of 50 feet, above the surface of the land. (j) Use restrictions. Notwithstanding any other provision of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 5 of 6 navigation signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of the aircraft intending to use the airport. (k) Nonconforming uses. (1) Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance from which this section derives, or otherwise interfere with the continuance of such nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance from which this section derives. (2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Cape Girardeau Regional Airport. (l) Permits. (1) Future uses. Except as specifically provided for in subsections (l)(1)a through c of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted by the city. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with section 30-30. a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this section except as set forth in subsection (i)(8) of this section. (2) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance from which this section is derived or any amendments thereto, or than it is when the application for the permit is made. Except as indicated, all applications for such a permit shall be granted. Chapter 30 Amendment Regarding A-1, Airport District April 12, 2023 Page 6 of 6 (3) Nonconforming uses abandoned or destroyed. Whenever the city determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. (4) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this section, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be granted where it is duly found that the literal application or strict enforcement of the regulations will result in unnecessary hardship, and that the relief granted will not be contrary to the public interest and will not create a hazard to air navigation facilities and the safe, efficient use of navigable airspace. In addition, such variances shall only be allowed where it is duly found that the relief granted will do substantial justice and will be in accordance with the spirit of this section. Additionally, no application for variance to the requirements of this section may be considered by the board of adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application by the time of the board of adjustment review, then the board of adjustment may act on its own to grant or deny said application. (5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of adjustment, this condition may be modified to require the owner to permit the Cape Girardeau Regional Airport at its own expense, to install, operate and maintain the necessary markings and lights. (m) Enforcement. It shall be the duty of the city to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city upon a form published for that purpose. Applications required by this section to be submitted to the city shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the city. (n) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.