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Home My WebLink AboutP&Z.Agenda.09-13-2023.PacketCITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION Derek Jackson Chris Martin AGENDA PLANNING & ZONING COMMISSION WEDNESDAY, September 13, 2023 7:00 p.m. City Hall, 44 North Lorimier Street Council Chambers Sommer McCauley-Perdue Kevin Greaser, Chairman Scott Blank, Vice Chairman Deborah Young, Secretary Call to Order. Approval of minutes of the August 9, 2023 meeting. Appearances regarding items not on the agenda. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS Gerry Jones Nick Martin Sid Whittington 1. Public hearing on the request of Cellective Solutions, LLC, on behalf of Vertical Bridge, for a special use permit for the purposes of constructing, maintaining, and operating a telecommunication tower on property located at 13 51 South West End Boulevard. ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Conditions Recommended Denial Tabled 2. Public hearing on the request of LaCroix Properties, LLC for an exception from Development Code Section 25-49 (b) & ( c ), improvement of parking areas, for property located at 1933 Rust Avenue. ACTION TAKEN: __ Approved __ Approved with Conditions Denied Tabled SUBDIVISION PLATS 3. Wade 1st Subdivision Record Plat. ACTION TAKEN: __ Recommended Approval __ Recommended Approval with Conditions Recommended Denial Tabled OTHER ITEMS AND COMMUNICATION 4. Chapter 30 Amendment Regarding CBD, Central Business District. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page 1 o/2 CITY of CAPE GIRARDEAU 5. Chapter 30 Amendment Regarding Temporary Uses. Alternate October meeting date. Commission Communication. Staff Communication. PLANNING & ZONING COMMISSION • 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, October 2, 2023. Rezoning and special use permit requests recommended for denial tonight will be referred to the City Council at its meeting on Monday, September 18, 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, September 18, 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. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape. org Page2of2 CITY of CAPE GIRARDEAU PLANNING &. ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES August 9, 2023 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Kevin Greaser, Derek Jackson, Chris Martin, Nick Martin, Sommer McCauley-Perdue, Sid Whittington, Deborah Young Commission Members Absent: Scott Blank 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 July 12, 2023 meeting were unanimously approved upon a motion made by Mr. Nick Martin and seconded by Ms. Young. SUBDIVISION PLATS 1. The record plat of S & L Subdivision was reviewed by the Commission. Mr. Tom Mirly presented the request. He stated that he and his wife purchased the vacant lot next to their lot a few years ago; due to health reasons, he is no longer able to maintain it. He and his wife would like to sell part of the lot to the adjacent property owner. Mr. Shrimplin stated that all of the staff comments have been addressed, but the plat will be held from City Council review until the Document Number for the deed transferring the partial lot to the adjacent property owner is added to the plat. A motion was made by Mr. Whittington and seconded by Mr. Chris Martin to recommend approval of the record plat with a condition that the aforementioned Document Number be added once the deed is recorded. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Whittington, Young). 2. The record plat of Kennedy's 2 nd Addition was reviewed by the Commission. Mr. James Randol, Bowen Engineering and Surveying, presented the request. He stated that the plat combines two (2) lots into one (1) lot. As part of the plat, the 5-foot utility easements on either side of the lot line to be eliminated are proposed to be released. A motion was made by Mr. Jackson and seconded by Mr. Nick Martin to recommend approval of the record plat as submitted. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 0 abstaining (Aye: Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Whittington, Young). City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 9, 2023 Page 2 of 3 OTHER ITEMS AND COMMUNICATION Commission Appointment Recommendation Due to Ms. Stickel's resignation before the last meeting, the Commission reviewed the City Advisory Board and Commission applications on file for those interested in serving on the Planning & Zoning Commission. Mr. Nick Martin stated that he would like to see Mr. Gerry Jones appointed to the Commission. Chairman Greaser agreed, stating that Mr. Jones, as a developer, would bring a wealth of knowledge to the Commission. Mr. Whittington stated that he felt there were enough developers on the Commission and that he would like to see Ms. Adrienne Henry appointed instead. Ms. Young stated that she would like to meet the candidates before the Commission makes a recommendation. She asked if staff could contact the candidates and ask them to attend the next Commission meeting, to which Ms. Peters responded affirmatively. Ms. Peters noted that Ms. Henry was currently serving on the TIF Commission and therefore may not be eligible to serve on the Planning & Zoning Commission. A motion was made by Mr. Nick Martin and seconded by Mr. Chris Martin to recommend that the City Council appoint Mr. Gerry Jones to the Commission. The motion failed with a vote of 3 in favor, 3 in opposition, and 1 abstaining (Aye: Greaser, C. Martin, N. Martin; Nay: Jackson, Whittington, Young; Abstain: McCauley-Perdue). Mr. Shrimplin stated that staff would contact the candidates and ask them to attend the next Commission meeting per Ms. Young's request. Ms. Peters stated that she would check with the City Clerk's Office to see if Ms. Henry's seat on the TIF Commission made her ineligible. Commission Communication None of the Commission members had any communication items. 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 July 17, 2023: • 1201, 1207, 1211, 1215, and 1217 South Kingshighway Rezoning - 2 nd & 3rd Readings • Hawthorne Place Subdivision Record Plat - 2 nd & 3rd Readings • Cape West 19th Subdivision Record Plat - 1 st Reading The City Council approved the following on August 7, 2023: • Cape West 19th Subdivision Record Plat - 2 nd & 3rd Readings • 97 North Kingshighway Rezoning - 1 st Reading • 2797 Benton Hill Road Annexation, Zoning & Ward Boundary Extension - 1 st Reading 0 City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 9, 2023 Page 3 of 3 Mr. Shrimplin informed the Commission that the Transportation Trust Fund (TTF) Committee would convene in June 2024 to begin developing a recommended list of projects for TTF7, which would be on the April 2025 ballot. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:25 p.m. upon a motion made by Mr. Jackson and seconded by Ms. Young. Respectfully submitted, Deborah Young, Secretary Planning & Zoning Commission APPLICATION FOR: Special Use Permit ADDRESS OF PROPERTY: 13 51 South West End Boulevard APPLICANT: Vertical Bridge c/o Cellective Solutions, LLC PROPERTY OWNER: City of Cape Girardeau REPRESENTATIVE: Susan Storie Cellective Solutions, LLC REQUESTED SPECIAL USE: Monopole Telecommunications Tower CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner c:J!.B MEETING DATE: September 13, 2023 COMMUNITY DEVELOPMENT SUBJECT: Special Use Permit Request for Property at 1351 South West End Boulevard A special use permit application has been submitted for the property at 1351 South West End Boulevard, which is zoned R-2 (Single-Family Urban Residential). The applicant is requesting a special use permit to construct, maintain, and operate a telecommunication tower. The site contains an existing telecommunication tower, for which the City Council granted a special use permit in 2018. The applicant is proposing to remove the existing tower and construct a new tower in a different location within the existing compound. The existing tower is a 150-foot high monopole with concealed antennas. The new tower is also a 150-foot high monopole, but the antennas are not concealed. Refer to the application for more information about the proposed special use. The Zoning Code (Chapter 30 of the City's Code of Ordinances) authorizes the City Council to grant special use permits in accordance with Section 30-104. In order for a special use permit to be granted, the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. Staff has reviewed the application according to the criteria and made the following findings: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: The new tower will not generate any traffic except for technician trips; therefore, it will not increase traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The new tower will be constructed in compliance with the City's construction codes; therefore, it will not increase fire hazards. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT Finding: The new tower will have the same height (150 feet) and material (galvanized steel) as the existing tower. However, it will be located slightly closer to the street and the antennas will not be concealed. With the exception of an apartment complex and a mobile home park directly across the street, the immediately surrounding area is mostly non-residential. The existing tower is already clearly visible to those in the apartment complex and the mobile home park, and the additional impact created by the new tower will be minor. Therefore, the new tower will not adversely affect the character of the neighborhood. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The new tower will allow the service provider to make the upgrades necessary for improving its services throughout the region; therefore, it will not adversely affect the general welfare of the community. Criterion #5: The proposed special use will not overtax public utilities. Finding: The new tower will only require electrical utility service, which is already being provided for the existing tower. The new tower will not generate an electrical demand in excess of the capacity available; therefore, it will not overtax public utilities. In reviewing the application, staff identified one (1) variance. Section 30-107(4) of the Zoning Code requires a telecommunication tower to be set back from the right-of-way line of any public street up to a distance equal to the height of the tower. Additionally, the tower is required to be set back from any structure a minimum distance equal to 1 ½ times the height of the tower. The applicant has indicated that the new tower cannot be set back from the right-of-way line at a distance equal to the height of the tower because the entire compound is less than this distance from the right-of-way line. For this reason, staff supports a variance from the right-of-way setback requirement. With the exception of a small, unenclosed shelter across the street, the new tower location does meet the structure setback requirement. Based on the above findings, staff recommends approval of the special use permit request, subject to the following conditions: 1. Except as provided for herein, 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. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 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. A variance from Section 30-107(4) of the Zoning Code is granted as part of the approval of this permit. The telecommunication tower shall not be required to be set back from the right-of-way line at a distance equal to the height of the tower. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org 1351 South West End Boulevard Special Use Permit Request Special Use Permit Requested for a monopole telecommunications tower in the R-2 (Single-family Urban Residential) Zoning District Future Land Use Recommendation: Parks, Recreation, Open Space Legend M1 D 1351 South West End Boulevard Parcels CITYOjCAPE GIRARDEAU Created by: Community Development Carol Peters August28 ,2023 Zoning ~M1 ~R2 R4 ~RMH 1351 South West End Boulevard Special Use Permit Request Special Use Permit Requested for a monopole telecommunications tower in the R-2 (Single-family Urban Residential) Zoning District Future Land Use Recommendation: Parks, Recreation, Open Space Legend 1349134 • • 1345 • 134 ffi D 1351 South West End Boulevard Parcels ( - --) CITY of CAPE ~-JI G I R A R D E A U Created by : Community Deve lopment Carol Peters August28 ,2023 Future Land Use c=:J High Density Residential c=:J Loca l Commercial c=:J Medium Density Residential c=:J Parks , Recreation , Open Space Property Address/Location 1351 South West End Blvd. Applicant Vertical Bridge c/o Cellective Solutions, LLC Mailing Address I City, State, Zip 340 Marshall Road Valley Park, MO 63088 Telephone I Email 314-989-9810 susan@cellectivesolutions.com Contact Person Susan Storie, Cellective Solutions, LLC Type of Request Rezoning ill' Special Use Permit Both Existing Zoning District Property Owner of Record City of Cape Girardeau Mailing Address 401 Independence Same as Applicant I City, State, Zip Cape Girardeau, MO 63703 Telephone 573-339-6327 I Email rshrimplin@cityofcapegirardeau.org (Attach additional owners information, if necessary) Proposed Special Use (Special Use Permit requests only) Telecommunications Facility (Replacement of existing for new) Proposed Zoning District (Rezoning requests only) R-2, Single-Family Urban Residential District Choose a Zoning District Legal description of property to be rezoned and/or upon which the special use is to be conducted See Attached Parent Parcel Description, Lease Tract Description (existing), and 20' Access/Utility Easement Description (existing). Replacement tower will be within the existing leased area . Describe the proposed use of the property. Currently being used as a park with existing telecommunications facility . We are proposing to remove the existing tower and replace with a monopole of the same height within the existing compound. OFFICE USE ONLY Date Received & By 9 -/ (a --~ j Application Fee Received$ l q5 Application continues on next page File# l 4lo I MUNIS Application# ___ _ 6credit Card Cash 14302 MUNIS Permit# ____ _ Planning & Zoning Commission Recommendation ____ Date ___ _ City Council Final Action ____ Date ___ _ Revised 07 /01/23 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. No -replacement of existing telecommunications pole will not increase traffic 2) The proposed special use will not substantially increase fire hazards. No -replacement of existing telecommunications pole will not increase fire hazards 3) The proposed special use will not adversely affect the character of the neighborhood. No -replacement of the existing telecommunications pole will have no adverse affect 4) The proposed special use will not adversely affect the general welfare of the community. No -replacement of the existing telecommunications pole will have no adverse affect 5) The proposed special use will not overtax public utilities. No -replacement of the existing telecommunications pole will not increase the use of public utilities In addition to this completed app lication form, the following items must be submitted: ..L_ Base Application fee -$141.00 payable to City of Cape Girardeau ADDITIONAL ITEMS REQUIRED _ Planned Development rezoning only -Additional $84 payable to City of Cape Girardeau ..L_ List of adjacent property owners (see Instructions for requirements) See Instructions for more information. CERTIFICATIONS .:f_ One (1) set of mailing envelopes, stamped and addressed to adjacent property owners OR $2.70 per adjacent property owner, if stamped envelopes are not submitted ..L_ One (1) full size copy of a plat or survey of the property, if available ..L_ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property . Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) ,--<- The undersigned hereby certifies that they are an agent duly authorized by the P~y Owner(s) of Record to file this application on their behalf, an • that the ~ Y Own s) of Record hereby agree to the above certifications. \ Revised 07 /01/23 Parent Pareel Description: Part: of outlot No. S3, United States Private Survey No. 2199, Township .30 N~ Range 13 East, City and County of Cape Girardeau, Missouri. Lege Tget Description: A 1raet of land located in outlot No. 53, United States Private Survey No. 2199, Township 30 NOl'fltt Range 13 Easti City and County of Cape.Girardeau; Missouri, more particularly descrlbed as follows: Commencing at the Southeast comer of said outlot 53; THBNCB, N83°05'26nw, 53.31 fee1;, THBNCB; N06°54'34•'E, 557,4 7 feet~ to ·die POlNT OF BEGINNING; THBNCE, N62°08'l7"W, 75.00 feet; TBBNCB, NZ7°Sl '33"B, 75.00 feet; TBBNCE, S62°08'27•"E, 75.00 feet; THENCE, 827°51 '33"W, 75.00 feet, to the POJNT OF BEGINNING. 20' Aeeeal/Udllty Euement: A strip of Jaud 20 feet in width being 10 feet on each side of the foHowing desoribed centerline located. in outlot No. 53, United States Private Survey No. 2199,. TOWDship 30 North,. Range 13 East, City and County of Cape Girard~ Missouri, more particularly described as follows: Commencing at the Southeast comer of the above described lease tract; TBBNC.B, N27°.Sl t33•~ 37.SO feet, to the POINT OP BEGINNJNO; THENCE. N83°3S'S6"13,, 20.91 feet; THBN~ NlSC>QO'S4'•B;, 32.96 feet;, THENCE, N68°l8'37"B, 16.0S feet, to a point on the west right-of-way line of West End Blvd, for a terminus. GENERAL NOTES: 1. THIS SITE PLAN REPRESENTS THE BEST PRESENT KNOWLEDGE AVAILABLE TO THE ENGINEER AT THE TIME OF THE DESIGN. THE CONTRACTOR SHALL VISIT THE SITE PRIOR TO CONSTRUCTION AND VERIFY ALL EXISTING CONDITIONS RELATED TO THE SCOPE OF THE WORK FOR THIS PROJECT. 2. ICE BRIDGE, CABLE LADDER, COAX/HYBRID PORT, AND COAX/HYBRID CABLE ARE SHOWN FOR REFERENCE ONLY. CONTRACTOR SHALL CONFIRM THE EXACT LOCATION OF ALL PROPOSED EQUIPMENT, EXISTING EQUIPMENT AND STRUCTURES DEPICTED ON THIS PLAN, BEFORE UTILIZING EXISTING CABLE SUPPORTS, COAX/HYBRID PORTS, INSTALLING NEW PORTS, OR ANY OTHER EQUIPMENT. CONTRACTOR SHALL VERIFY ALL ASPECTS OF THE COMPONENTS MEET CARRIER'S SPECIFICATIONS. 3. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO COORDINATE WITH THE CONSTRUCTION MANAGER AND LOCAL UTILITY COMPANY FOR THE INSTALLATION OF CONDUITS, CONDUCTORS, BREAKERS, DISCONNECTS, OR ANY OTHER EQUIPMENT REQUIRED FOR ELECTRICAL SERVICE. ALL ELECTRICAL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE LATEST EDITION OF THE STATE, NATIONAL CODES, ORDINANCES AND REGULATIONS APPLICABLE TO THIS PROJECT. 4. UTILITIES TO BE CONFIRMED DURING SITE VISIT. LEGEND: --OHP --OHP --E-OVERHEAD POWER -X --X --X -P-CHAINLINK FENCE - x --x --x -E-CHAINLINK FENCE -------E-EASEMENT -- - - - - -P-EASEMENT --ROW --ROW --E-RIGHT OF WAY ---- - ----P-LEASE AREA -------E-MAJOR CONTOUR E-MINOR CONTOUR - P --P --P-:-E-POWER -T --T --T -E-TELCO E-ROAD P-ROAD - -------E-PROPERTY LINE PARCEL INFORMATION OWNER: ZONING: LAND USE: PARCEL NUMBER: LATITUDE: LONGITUDE: \_GRASS\ AREA \ CITY OF CAPE GIRARDEAU R2 - 21-113-00-03-001.00-2000 37.287073° -89.539410° REQUIRED 57'-0"± RADIUS TOWER FALL ZONE (FROM OUTER EDGE OF TOWER) EXISTING TREE LINE (TYP.) 0 EXISTING UNDERGROUND TELCO CONDUIT (TYP.) EXISTING GRAVEL \_GRASS\ AREA \ OVERALL SITE PLAN 50' 11"x17" SCALE: 1" = 50' 24"x36" SCALE: 1" = 25' I 100' I I V EXISTING PROPERTY LINE {TYP.) EXISTING ACCESS DRIVE I! EXISTING CATTLE GATE I ,' I EXISTING BARBED WIRE FENCE I / ~1 ! --- PREPARED FOR: VERTICAL BRIDGE,LLC 750 PARK OF COMMERCE DR, SUITE 200 BOCA RA TON, FL 33487 11111 5901 BENJAMIN CENTER DR. SUITE 110 A-B TAMPA, FL 33634 INFRASTRUCTURE SERVICES ENGINEERING INNOVATION FDH INFRASTRUCTURE SERVICES, LLC 6521 MERIDIEN DRIVE RALEIGH, NO 27616 PHONE:919-755-1012 FAX: 919-765-1031 THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. REPRODUCTION OR CAUSING TO BE REPRODUCED THE WHOLE OR ANY PART OF THESE DRAWINGS WITHOUT THE PERMISSION OF FDH IS PROHIBITED. DENNIS D. ABEL, PE STATE LICENSE NO. PE-2007007669 FDH INFRASTRUCTURE SERVICES, LLC ENGR. CORP. 2020030613 SUBMITTALS REV DATE DESCRIPTION BY CH~D 0 08/1112023 CONSTRUCTION ZK&AV JRB FDH JOB NUMBER: PR-009240 SITEID: US-MO-5255/ST04RW697 SITE NAME: CAPE GIRARDEAU T-MOBILE SITE ID: MO12936A SITE LOCATION: 1351 SOUTH WEST END BLVD. CAPE GIRARDEAU, MO 63703 SHEET TITLE: OVERALL SITE PLAN SHEET NUMBER: w (.) z ;2 w ti2 ::::J 0.. 0.. <( u.. 0 0.. 0 t- ELEVATION NOTES: 1. THIS PLAN IS A GRAPHIC REPRESENTATION OF THE TOWER AND TOWER-MOUNTED EQUIPMENT AND MAY NOT DEPICT ALL ASPECTS OF SITE SPECIFIC CONDITIONS. APPURTENANCE INFORMATION DEPICTED IN THIS PLAN WAS OBTAINED FROM STRUCTURAL ANALYSIS AND CARRIER RFDS. FDH INFRASTRUCTURE SERVICES HAS NOT VERIFIED THIS INFORMATION. 2. CONTRACTOR TO REMOVE EXISTING COAX CABLES AND LINES. t-z a'. w w :a: 0.. 5 0 (!) w z LU i== ...I rn iii 0 :a: u.. i.!. 0 (!) 0.. z f;; s> x LU 0 u.. 0 ... 5' "' I iWi EXISTING T-MOBILE ANTENNAS ARRAY (TO BE REMOVED) EXISTING CONCEALMENT SHROUD & INTERNAL MAST (TO BE REMOVED) EXISTING T-MOBILE EQUIPMENT (TYP.) (TO BE REMOVED) I/ EXISTING 150'-0" STEAL TH TOWER (TO BE REMOVED) EXISTING TOWER ELEVATION 11"x17" SCALE: N.T.S. 24"x36" SCALE: N.T.S. EXISTING T-MOBILE EQUIPMENT ON PLATFORM EXISTING EQUIPMENT NOTES: 1. EXISTING SYSTEM MODULES, RADIO MODULES, JUNCTION BOXES, CONDUITS, HARDWARE OR ANY OTHER COMPONENTS CONNECTED TO EXISTING SUPPORT STRUCTURE TO BE REMOVED AND RE-USED OR DISPOSED OF AS DIRECTED BY CARRIER CM. 2. UTILITIES TO BE CONFIRMED DURING SITE VISIT. NOTE T-MOBILE EQUIPMENT SHOWN IS SCHEMATIC IN NATURE AND FOR INFORMATION PURPOSES ONLY. EQUIPMENT WILL BE PERMITTED SEPARATELY. [ EXISTING CHAINLINK FENCE TO BE REPAIRED AS NEEDED (PER MANUFACTURER SPECIFICATIONS) . .. x--x--x--x--x x--x--x--x--x--x---,-----------------~ EXISTING 10'-0" x 15'-0" T-MOBILE EQUIPMENT PLATFORM (TO REMAIN) EXISTING T-MOBILE ICE BRIDGE (TO REMAIN) (TYP.) ~~Jf X EXISTING T-MOBILE DELTA LB3 BATTERY CABINET (TO REMAIN) EXISTING T-MOBILE DELTA HPL3 SSC CABINET (TO REMAIN) EXISTING T-MOBILE EQUIPMENT EXISTING T-MOBILE ---+----------! (TO REMAIN) ICE BRIDGE (TO BE PARTIALLY REMOVED) EXISTING CONCRETE FOUNDATION (TO REMAIN) EXISTING 150'-0" STEAL TH TOWER (TO BE REMOVED) (2) EXISTING T-MOBILE HCS 2.0 BOTTOM JUNCTION BOXES MOUNTED ON EXISTING H-FRAME (TO REMAIN) X X --X --X --X --X --X --X --X --X --X --X --X __J -------------'------~ EXISTING 5'-0"0 I CONCRETE FOUNDATION (TO REMAIN) i------75'-0"--'• 0 EXISTING COMPOUND PLAN 15' 11"x17" SCALE: 1" = 15' 24"x36" SCALE: 1" = 7.5' 30' PREPARED FOR: VERTICAL BRIDGE,LLC 750 PARK OF COMMERCE DR, SUITE 200 BOCA RATON, FL 33487 tp • • 5901 BENJAMIN CENTER DR. PREPARED BY: SUITE 110 A·B TAMPA, FL 33634 ---------....@) INFRASTRUCTURE SERVICES ENGINEERING INNOVATION FDH INFRASTRUCTURE SERVICES, tLC 6521 MERIDIEN DRIVE RALEIGH, NC 27618 PHONE:919-755-1012 FAX: 919-755-1031 THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. REPRODUCTION OR CAUSING TO BE REPRODUCED THE WHOLE OR ANY PART OF THESE DRAWINGS WITHOUT THE PERMISSION OF FDH IS PROHIBITED . DENNIS D. ABEL, PE STATE LICENSE NO. PE-2007007669 FDH INFRASTRUCTURE SERVICES, LLC ENGR. CORP. 2020030613 SUBMITTALS REV DATE DESCRIPTION BY CHK'D 0 OB/11/2023 CONSTRUCTION 'lJ<&AV JRB FDH JOB NUMBER: PR-009240 SITEID: US-MO-5255/ST04RW697 SITE NAME: CAPE GIRARDEAU T-MOBILE SITE ID: MO12936A SITE LOCATION: 1351 SOUTH WEST END BLVD. CAPE GIRARDEAU, MO 63703 SHEET TITLE: EXISTING TOWER ELEVATION & COMPOUND PLAN SHEET NUMBER: C-2A w 0 z <( z w Ii: ::i a. 0 w a. 0 0:: a. 11. 0 a. f2 b -· LD PROPOSED ELEVATION NOTES: 1. PROPOSED MONOPOLE TO BE A GALVANIZED STEEL COLOR. 2. PROPOSED HCS 2.0 TOWER CABLING SHALL BE ORDERED/FURNISHED AND INSTALLED. CONTRACTOR TO COORDINATE WITH CARRIER CM PRIOR TO CONSTRUCTION. CABLE TO BE ROUTED AND INSTALLED IN ACCORDANCE WITH STRUCTURAL ANALYSIS AND SUPPORTED AS SPECIFIED BY MANUFACTURER. 3. REFER TO UPDATED RFDS AND PORT MATRIX IN NTP PACKAG. 4. CONTRACTOR TO PROVIDE NEW COAX AND CONNECTORS. I-z 0:: w w :a; a. 5 f2 0 0 w w w ..J 0:: iii <( a. 0 <( 0 :a; z 0:: t.!. z a. w 11. 0 I-0 w :i! Cl) a. 0 0 a. w I-0 0:: 0 ::i 0:: I-·' a. ::i 0 11. 11. 0 11. ,., 0 b ,., ·' b "' :;: ·' "' 0:: <( <( z z w I-z <( w 0:: ::i I-::i 11. 11. 0 ,., 5' "' PROPOSED 5'-0" LIGHTNING ROD PROPOSED T-MOBILE I ANTENNA ARRAY FUTURE ANTENNA ARRAY PROPOSED 150'-0" MONOPOLE TOWER PROPOSED CARRIER EQUIPMENT ON EXISTING EQUIPMENT PAD/PLATFORM PROPOSED TOWER ELEVATION 11''x17" SCALE: N.T.S. 24"x36" SCALE: N.T.S. PROPOSED EQUIPMENT PLAN NOTES: 1. DIMENSIONS PROVIDED FOR REFERENCE ONLY. CONTRACTOR TO FIELD VERIFY PROPOSED EQUIPMENT LOCATIONS DURING PRE-CON WALK TO ENSURE THERE ARE NO OBSTRUCTIONS BETWEEN EXISTING OR PROPOSED EQUIPMENT AND WORK CLEARANCES ARE MAINTAINED. 2. FIBER SPLITTERS TO BE INSTALLED AS NEEDED. 3. UTILITIES TO BE CONFIRMED DURING SITE VISIT. 4. PROPOSED HCS 2.0 TOWER CABLING SHALL BE ORDERED/FURNISHED AND INSTALLED. CONTRACTOR TO COORDINATE WITH T-MOBILE CM PRIOR TO CONSTRUCTION. CABLE TO BE ROUTED AND INSTALLED IN ACCORDANCE WITH STRUCTURAL ANALYSIS AND SUPPORTED AS SPECIFIED BY MANUFACTURER. 5. CONTRACTOR TO REMOVE EXISTING COAX CABLES AND LINES. 6. CONTRACTOR TO PROVID.E NEW COAX AND CONNECTORS. NOTE T-MOBILE EQUIPMENT SHOWN IS SCHEMATIC IN NATURE AND FOR INFORMATION PURPOSES ONLY. EQUIPMENT WILL BE PERMITTED SEPARATELY. X --X --X --X --X EXISTIN:CHAINL:NKFENCXE--X --X ~I TO BE REPAIRED AS NEEDED EXISTING UTILITY H-FRAME (TO REMAIN) EXISTING T-MOBILE SSC CABINET • EXISTING T-MOBILE BATTERY CABINET EXISTING 10'-0" x 15'-0" T-MOBILE EQUIPMENT PLATFORM (2) EXISTING T-MOBILE HCS 2.0 BOTTOM JUNCTION BOXES MOUNTED ON EXISTING H-FRAME >< EXISTING T-MOBILE . · ' ICE BRIDGE . ', (TYP.) >< • EXISTING I CONCRETE FOUNDATION PROPOSED 27'-0" x 27'-0" TOWER FOUNDATION PAD (PER MANUFACTURER SPECIFICATIONS) PROPOSED T-MOBILE ICE BRIDGE. PROPOSED 150'·0" MONOPOLE TOWER PROPOSED 6'~":I: fi'J CAISSON I >< I X I X I +----+---------~ -> +----+------------,- 1 >< X >< X SEE DETAIL SHEET C-4 " X --X --X --X --X --X --X --X --X --X --X --X __J ------'-----....i.-_......1 ____ _,_ EXISTING 5'-0"0 CONCRETE FOUNDATION ----------30'-0"--------. -------1125'-4"--------l 0 PROPOSED COMPOUND PLAN 15' 11''x17" SCALE: 1" = 15' 24"x36" SCALE: 1" = 7.5' 30' PREPARED FOR: VERTICAL BRIDGE,LLC 750 PARK OF COMMERCE DR, SUITE 200 BOCA RA TON, FL 33487 5901 BENJAMIN CENTER DR. PREPARED BY: SUITE 110 A-B TAMPA, FL 33634 ----------@ INFRASTRUCTURE SERVICES ENGINEERING INNOVATION FDH INFRASTRUCTURE SERVICES, LLC 6521 MERIOIENORIVE RALEIGH, NC 27616 PHONE: 919-755-1012 FAX: 919-755-1031 THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. REPRODUCTION OR CAUSING TO BE REPRODUCED THE WHOLE OR ANY PART OF THESE DRAWINGS WITHOUT THE PERMISSION OF FDH IS PROHIBITED. 08-l'I-UJV DENNIS D. ABEL, PE STATE LICENSE NO. PE-2007007669 FDH INFRASTRUCTURE SERVICES, LLC ENGR. CORP. 2020030613 SUBMITTALS REV DATE DESCRIPTION BY CH!eD 0 08/11/2023 CONSTRUCTION ZK&AV JRB FDH JOB NUMBER: PR-009240 SITE ID: US-MO-5255/ST04RW697 SITE NAME: CAPE GIRARDEAU T-MOBILE SITE ID: MO12936A SITE LOCATION: 1351 SOUTH WEST END BLVD. CAPE GIRARDEAU, MO 63703 SHEET TITLE: PROPOSED TOWER ELEVATION & COMPOUND PLAN SHEET NUMBER: C-28 Property Owner Name Property Address Mailing Address City State Zip Code NARVOL A JR & AMY C RANDOL 1400 WEST END BLVD S 407 RIDGEFIELD DR CAPE GIRARDEAU MO 63701 CAPE GIRARDEAU PROPERTIES Ill LP 1327 BRENDA KAY CT PO BOX 68 CLARKTON MO 63837 DONALD W BEASLEY JR TRUST 1220 WEST END BLVD S 501 WINDWOOD LAKE DR CAPE GIRARDEAU MO 63701 DARRELL & VIRGINIA MILLER 1200 WEST END BLVD S PO BOX 142 CHAFFEE MO 63740 CAPE GIRARDEAU COUNTY PUBLIC 1121 LINDEN ST 1121 LINDEN ST CAPE GIRARDEAU MO 63703 SOCIETY FOR PROPAGATION OF FAI LINDEN ST PO BOX640 ADVANCE MO 63730 CAPE HERITAGE MANOR APARTMENTS LLC 1224 LINDEN ST 111 N MAIN ST PO BOX 68 CLARKTON MO 63837 SAINT FRANCIS FOUNDATION REAL ESTATE LLC WEST END BLVD S 211 SAINT FRANCIS DR CAPE GIRARDEAU MO 63703 SAINT FRANCIS FOUNDATION REAL ESTATE LLC 900 S WEST END BLVD 211 SAINT FRANCIS DR CAPE GIRARDEAU MO 63703 CAPE GIRARDEAU CITY OF 920 MINNESOTA AVE 401 INDEPENDENCE CAPE GIRARDEAU MO 63703 CAPE GIRARDEAU CITY OF SHAWNEE PKWY 401 INDEPENDENCE CAPE GIRARDEAU MO 63703 FREDERICK & KIMBERLY BRINKOPF 927 S MINNESOTA AVE 927 S MINNESOTA AVE CAPE GIRARDEAU MO 63703 GENEVIEVE BRINKOPF 915 S MINNESOTA AVE 915 S MINNESOTA AVE CAPE GIRARDEAU MO 63703 CORNERSTONE ASSEMBLY INC 922 KOCH AVE 298 N WEST END BLVD CAPE GIRARDEAU MO 63701 RANNEY PARK DEVELOPMENT LLC RUST AVE 276 S MOUNT AUBURN RD CAPE GIRARDEAU MO 63703 LA CROIX PROPERTIES LLC 2100 RUST AVE 3170 STATE HIGHWAY PP JACKSON MO 63755 RICHARD HILLS PROPERTIES LLC 1834 RUST AVE 1180 HIGHWAY 145 S HARRISBURG IL 62946 HAMLET GROUP LLC MINNESOTA AVE 112 S BROADVIEW ST CAPE GIRARDEAU MO 63703 KIDDS OIL CO INC 1759 RUSMAR ST 1759 RUSMAR ST CAPE GIRARDEAU MO 63703 DUMEY DANIELE TRUST ETAL WILSON RD PO BOX218 BENTON MO 63736 SIX THIRTY INC SOUTHERN EXPRESSWAY 276 S MOUNT AUBURN RD CAPE GIRARDEAU MO 63703 MGI LEASING INC 1421 SW END BLVD 2099 SOUTHPARK CT DUBUQUE IA 52003 CAPE GIRARDEAU COMMUNITY SHELTERED WORKS 1330 SOUTHERN EXPRESSWAY PO BOX 831 CAPE GIRARDEAU MO 63702 Planning & Zoning Commission APPLICATION FOR: Exception ADDRESS OF PROPERTY: 1933 Rust Avenue APPLICANT: LaCroix Properties, LLC PROPERTY OWNER: LaCroix Properties, LLC EXCEPTION(S) REQUESTED: Section 25-49 (b) & ( c ), improvement of parking areas CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner (;12.8 MEETING DATE: September 13, 2023 COMMUNITY DEVELOPMENT SUBJECT: Exception Request for Property at 1933 Rust Avenue An exception application has been submitted for the property at 1933 Rust Avenue, which is zoned M-1 (Light Manufacturing/Industrial). The applicant is requesting an exception from the following section of the Development Code (Chapter 25 of the City's Code of Ordinances): Section 25-49(b) & (c) Improvement of parking areas Requirement In manufacturing zoning districts, access driveways (minimum of 75 feet from the property line) and vehicle parking and maneuvering areas in front yards must be paved Request Approval of an unpaved temporary driveway and parking area with a gravel surface The Development Code authorizes the Planning and Zoning Commission to grant exceptions in accordance with Section 25-12(b). In order for an exception request to be approved, the Planning and Zoning Commission must consider and make findings of fact with regard to certain criteria. Staff has reviewed the criteria and made the following determinations: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The purpose of the code requirement is to promote high-quality development through the use of paved surfaces, which, unlike gravel, do not become displaced and scattered by vehicles, storms, etc. Gravel from driveways can end up in the street and eventually enter the storm sewer system, where it can accumulate and restrict the flow of stormwater. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT The application indicates that the proposed gravel driveway and parking area are temporary improvements to allow the property to be used as a training facility for a technical school until such time as the property is developed for the owner's use. Because the gravel surface is intended to be temporary, staff believes that a substantial equivalent can be achieved if certain conditions are imposed as part of the approval of the exception request. The conditions are listed in the staff recommendation below. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommends approval of the exception request, subject to the following conditions: 1 . The applicant shall maintain the gravel surface at all times and ensure that any gravel and debris in the street adjacent to the property is removed in a timely manner. 2. The applicant shall obtain a driveway permit from the City and pave the portion of the driveway in the right-of-way in accordance with City specifications. 3. The applicant shall comply with the City's stormwater management regulations including, but not limited to, obtaining approval of a stormwater management plan (including a grading plan and a SWPPP narrative). 4. This exception shall expire two (2) years from the date of approval or at such time as permanent improvements are made to the property, whichever comes first. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org 2300 • 1933 Rust Avenue Exception requested from Sec. 25-49 (b) & (c) improvement of parking areas CITYOjCAPE GIRARDEAU .. ' y: Community Development Carol Peters DEVELOPMENT CODE EXCEPTION APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORI MIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Property Address/Location 1933 Rust Ave. Cape Girardeau, MO 63703 Applicant Lacroix Properties LLC Property Owner of Record 0 Same as Applicant Mailing Address 2100 Rust Ave. I City, State, Zip Cape Girardeau Mailing Address I City, State, Zip Telephone 573-270-0601 I Email benm@standleybatch.com Telephone I Email Contact Person Ben Meier (Attach additional owners information, if applicable) Section of the Development Code from which the exception is requested: C., ,.. A v""v\-,. Describe the nature of the exception request. The request is to allow an unpaved temporary driveway and parking area with a gravel surface on lot. Application continues on next page OFFICE USE ONLY Date Received & By 8 -l'T-23 File# o(c'o2 MUNISApplication# l43Dq MUNISPermit# ____ _ Application Fee Received$ Cl '-6 ~heck# ( 0~ D Credit Card D Cash Planning & Zoning Commission Action O APPROVED AS REQUESTED O APPROVED WITH CONDITIONS DENIED Date _____ _ Revised 07 /01/23 Exception Criteria Explain how the exception request meets the criteria below. Attach additional sheets, if necessary. 1} As part of the exception request, a substantial equivalent is proposed. "Substantial equivalent" means an alternate design, method, or feature that accomplishes the same purpose as the applicable Development Code requirement, or results in a significant public benefit. The request is to allow an unpaved temporary driveway and parking area with a gravel surface on lot. To allow the use by a local school for use of training facilty needed. The gravel on the lot is to ready it for future development by owners for additional warehouse and office space in the future. All graveled areas will be matained and no gravel in the street what so ever. A timeline is future development in the next few years for construction of a building on the property. 2} Approval of the exception request is consistent with the general spirit and intent of the Development Code. The property will meet all criteria upon full development of the property. At this time we are wanting to establish the base material to build on in the future and also do a community a favor to allow the local techinical school to keep a spot for classes going as well in our local area. ADDITIONAL ITEMS REQUIRED In addition to this completed application form, the following items must be submitted: Application fee ($78.00 per section, payable to City of Cape Girardeau) List of adjacent property owners (see Instructions for requirements) See Instructions for more information. One (1) set of mailing envelopes, stamped and addressed to adjacent property owners OR $2.70 per adjacent property owner, if stamped envelopes are not submitted One (1) set of supporting documents sufficiently depicting the location of the requested exception and any proposed improvements v One (1) set of current photos of the property CERTIFICATIONS 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 exception, if approved, will be valid for a period no greater than one hundred eighty (180) days from the date of approval, unless within such period the required permits are obtained and the work is commenced and pursued diligently toward completion, or an extension has been granted; and 3) They acknowl dge that they are responsible for ensuring that all required licenses and permits are obtained prior to Pro erty Owner of Record gnature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf, and that the Property Owner(s) of Record hereby agree to the above certifications . be i'\ r\~,~~r ~,. /~ -JtJ2'3 Applicant Signature and Printed Name Date Revised 07 /01/23 Deed Holder: KIDD LAND MANAGEMENT LLC Parcel Number: 20-316-00-05-015.00-0000 Property Address: 2027 RUST AVE CAPE GIRARDEAU, MO 63703-0000 Mailing Address: 1759 RUSMAR ST CAPE GIRARDEAU, MO 63703-7628 USA Deed Holder: RICE DONALD J & LAURA KET UX Parcel Number: 20-316-00-05-017.00-0000 Property Address: 1905 RUST AVE CAPE GIRARDEAU, MO 63703-0000 Mailing Address: 1905 RUST AVE CAPE GIRARDEAU, MO 63703-0000 Deed Holder: SEYER ENTERPRISES LLC Parcel Number: 20-316-00-05-010.00-0000 Property Address: 2020 RUSMAR AVE CAPE GIRARDEAU, MO 63703-7616 Mailing Address: 2334 RUSMAR ST CAPE GIRARDEAU, MO 63703-7616 Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Record Plat Wade 1st Subdivision 1510 & 1512 Independence Street Wade Development Enterprises, LLC Wade Development Enterprises, LLC Koehler Engineering & Land Surveying CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner tJ2o MEETING DATE: September 13, 2023 SUBJECT: Wade 1st Subdivision Record Plat COMMUNITY DEVELOPMENT A record plat has been submitted for Wade 1st Subdivision, located at 1510 and 1512 Independence Street and zoned C-1 (General Commercial). The plat combines two lots. A variance is shown for a reduced side setback along the east lot line of the new lot. Staff supports the variance because there is an existing building located approximately 1 0 feet from this lot line. In addition, an exception is shown for the omission of the required 10-foot utility easement along the rear lot line. 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 August 31 , 2023 Via emai l to : rwade@charter.net Mr . Robert Wade 334 Francis Drive Jackson , MO 63755 RE: Wade 1st Subdivision Record Plat Dear Mr . Wade : 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 1 OF PACIFIC RIM ADDITION AS RECORDED IN DOCUMENT NUMBER 2014-09731 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND ALL OF LOT 2 OF BLOCK 2 OF WHITE STAR ADDITION AS RECORDED IN PLAT BOOK 3 AT PAGE 42 OF SAID LAND RECORDS , ALL IN TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN , IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. 2. The label for new Lot 1 is missing the square footage . 3. The adjacent properties are missing subdivision name and lot number labels . 4. In the label for the new 10-foot utility easement, add "NEW" in front of "10 .00"'. 5. The symbols for EXISTING EASEMENT LINE , NEW EASEMENT LINE, and EXTERNAL PROPERTY LINE contain dots that are extremely tiny and barely visible . Increase the size of the dots . 6. Revise the setbacks as follows: • Remove the 12 -foot rear setback . The rear lot line is adjacent to a public alley, which is not zoned and does not contain a residential or agricultural use . • Add a 20-foot side setback to the west lot line. The adjacent use is residential. • Add a 10-foot side setback to the east lot line . The adjacent use is residential. The requirement is 20 feet but due to the existing building , staff supports a variance to reduce it to 10 feet. 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 7. In the Subdivision Notes, change "LOT SIZES" to "LOT INFORMATION " and also change "1 LOTS" to "1 LO T". 8. In the Subdivision Notes, under RECORD OWNER, add the other deed reference (DOCUMENT NUMBER 2022-10165 ). 9. In the Subdivision Notes, revise the References section to read as follows: DOCUMENT NUMBER 2014-09731 PLAT BOOK 3, PAGE 42 DOCUMENT NUMBER 2022-09724 DOCUMENT NUMBER 2022 -10165 10 . Replace the Variance section with the following: VARIANCE NOTE A VARIANCE IS SHOWN FOR A REDUCED SIDE SETBACK ALONG THE EAST LOT LINE OF THE NEW LOT . EXCEPTION NOTE AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 .00 ' UTILITY EASEMENT ALONG THE REAR LOT LINE OF THE NEW LOT. 11. Revise the first paragraph of the Subdivision Dedication to read as follows: THE UNDERSIGNED, ROBERT E. WADE , MEMBER OF WADE DEVELOPMENT ENTERPRISES, LLC, A MISSOURI LIMITED LIABILITY COMPANY, OWNER IN FEE OF ALL OF LOT 1 OF PACIFIC RIM ADDITION AS RECORDED IN DOCUMENT NUMBER 2014-09731 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, AND ALL OF LOT 2 OF BLOCK 2 OF WHITE STAR ADDITION AS RECORDED IN PLAT BOOK 3 AT PAGE 42 OF SAID LAND RECORDS , ALL IN TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, CONTAINING 19,485 SQUARE FEET (0.45 ACRES), MORE OR LESS ; 12 . In the second paragraph of the Subdivision Dedication, change "COMBINE" to "RESUBDIVIDE " and change "TRACTS" to "LOTS ". 13. Revise Mr . Wade's signature line to read as follows: ROBERT E. WADE , MEMBER 14. In the notary certificate, add Mr. Wade's middle initial and also remove "MANAGING". 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape .org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT Reviewer #2 Comments -Teresa Heifner, GIS Coordinator (573) 339-6327: theifner@cityofcape .org 15 . In the vicinity map , change "N. PARK AVE " to "N. WEST END BLVD ". 16 . In the vicinity map , change "S. PARK AVE" to "S. WEST END BLVD ". 17 . The EXISTING EASEMENT LINE and NEW EASEMENT LINE symbols are too similar. Make them more distinct. 18. There are some errors with the easements. I will send you an email with more information . Please make the necessary corrections and email a PDF file of the corrected plat to cityplanning@cityofcape .org by September 11, 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 September 11, 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: Alex Richbourg, Koehler Engineering & Land Surveying (arichbourg@koehlerengineering.com ) Chris Koehler, Koehler Engineering & Land Surveying (ckoehler@koehlerengineering .com ) 44 North Lorimier Street Cape Girardeau , MO 63701 (573) 339-6327 cityofcape .org Wade 1st Subdivision ffi 0 (~-) CITY of CAPE "~ G I R A R D E A U Created by : Community Development Dept. 20 Carol Peters August 21 , 2023 40 80 Feet • • • Legend D Wade 1st Subdivision 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 Wade 1st Subdivision if Record Preliminary Boundary Adjustment AP.plicant Wade Development Enterprises, LLC Property Owner of Record Ml Same as Applicant Mailing Address I City, State, Zip 334 Francis Drive Jackson, MO 63755 Mailing Address I City, State, Zip Te13:hone 57 5794236 I Email rwade@charter.net Telephone I Email Robert" w~ides a Business or Organization) (Attach additional owners information, if necessary) Professional Engineer/Surveyor f!l other than Applicant) Koehler Engineering an Land Surveying, Inc Developer (if other than Applicant) Mailin~tddress I City, State, Zip Mailing Address I City, State, Zip 194 oker Lane Cape Girardeau, MO 63701 Tel3:hone I Email Telephone I Email 57 3353026 arichbourg@koehlerengineering .com ADDITIONAL ITEMS REQUIRED In addition to this completed application form, the following items must be submitted: See Instructions for more information. JL Review Fee (payable to City of Cape Girardeau) $21.00 per lot ($210.00 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) ..!t_ One (1) full size print of the plat CERTIFICATION _ Digital file of the plat in .pdf format (can be emailed to citypl anning@cityofcap e.org ) t/ 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 applicati on 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 thetfeveloper of these requirements. 0-½o ~TV"'\ 08-16-2023 Date OFFICE USE ONLY Date Rece ived & By o ~-i ea-23 File# ____ _ MUNIS Application# i 4 2°1 °' MUNIS Permit# ____ _ Review Fee Received S 12./D -Recording Fee Received S '[f DE Check# '[~t/£~ Credit Card Cash Preliminary and Record Plats: Planning & Zon i ng Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 07 /01/23 -- NORlH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM b HORIZONTAL SCALE ------ NOW OR FORMERLY NIMAL AND JAYANTl SAMANTA DOCUMENT NUMBER 2012-05509 ------ ------ ,..... g g T 1/2• IRON ROD, FOUND 1/2" IRON ROD BEARING 0.81 FEET SOUlH 58'53'57• WEST OF SET MONUMENT --------- RECORD PLAT OF W"ADE 1ST SUBDIVISION ALL OF LOT 1 OF PACIFIC RIM ADDITION RECORDED IN DOCUMENT NUMBER 2014-09731 AND ALL OF LOT 2 OF BLOCK 2 OF WHITE STAFI ADDITION RECOFIDED IN PLAT BOOK 03 PAGE 42, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. ·---1__ J_ -------------------- ------------------ NOW OR FORMERLY WADE DEVELOPMENT ENTERPRISES LLC DOCUMENT NUMBER 2022-10165 LOT 1 OF PACIFIC RIM ADDITION DOCUMENT NUMBER 2014-09731 ------------ EXISTING ALLEY --T _______ _ LOT 1 0.45 ACRES ------ NOW OR FORMERLY WADE DEVELOPMENT ENTERPRISES LLC DOCUMENT NUMBER 2022-09724 LOT 2 OF BLOCK 2 WHITE STAR ADDITION PLAT BOOK 3 PAGE 42 --- --- NOW OR FORMERLY CJR HOMES LLC DOCUMENT NUMBER 2020-09234 --------- 0 l!1 ® " FOUND 112' IRON ROD = FOUND IRON PIPE = SET 1/2" IRON ROD WITH CAP = SUBDIVISION BOUNDARY LINE = LOTLlNETOBEEUMINATED " EXISTING EASEMENT LINE • NEW EASEMENT LINE = BUILDING SETBACK LINE = EXTERNAL PROPERTY LINE R)GJ-FT OF WAY LINE = CENTERLINE C-1 GENERAL COMMERCIAL DISlRICT MAXIMUM HEIGHr: 40 FEET, NOT TO EXCEED THREE STORIES, MINIMUM LQT AREA; NONE MINIMUM LOT WIDTH: NONE SETBACKS: FRONT: 25 FEET REAR: NONE, l:XCEPT 20 FEET WHEN ADJACENT TO A RESIDENTIAL USE OR DISTRICT, OR TEN FEET WHEN AOJACENT TO AN AGRICULTURAL use OR DISTRICT, SIDE: NONI:, EXCEPT 20 Fl:l:T WHEN ADJACENT TO A RESIDENTIAL USE OR DISTRICT, OR TEN Fl:ET WHEN ADJACENT TO AN AGRICULTURAL USE OR DISTRICT, TOTAL NUMBER OF LOJS· TOTAL SUBDIVISION AREA: LOT SIZES 11.011l 19,485 SF (OAS ACRES) FLOODPLAIN NOTE NO PORTION OF THE PROPER1Y FALLS WITHIN THE 1 PERCENT ANNUAL CHANCE SPECIAL FLOOD HAZARD AREAS, AS INDICATED ON THE FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 29031C0266E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011 RECORD OWNER WADE DEVELOPMENT ENTERPRISES, LLC DOCUMENT NUMBER 2022-09724 DEVELOPER OF SUBDMSION AND PLAT PREPARED FOR WADE DEVELOPMENT ENTERPRISES, LLC 334 FRANCIS DRIVE JACKSON, MO 63755 REFERENCES DOCUMENT NUMBER 2014-09731 PLAT BOOK 03 PAGE 42 DOCUMENT NUMBER 2022-09724 VARIANCE - - - - - -~EPENDENCE SI ---REET -RIGHT AVARIANCE SHOWN FOR THE OMISSION OF THE REQUIRED 10,00" UTILITY EASEMENT ADJACENTTO THE REAR LOT LINE PLAT PREPARED BY & SURVEYING SERVICES PROVIDED BY: -----_?~y VARIES ------------ KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE, CAPE GIRARDEAU, MO 63701 (573)335-3026 lHIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WllH lHE CURRENT STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN lHE STAlE OF MISSOURI Af?, MADE EFFECTIVE JULY 31, 2022. THE UNDERSIGNED. ROBERT WADE, MANAGING MEMBER OF WADE DEVELOPMENT ENTERPRISES, LLC, A MISSOURI LIMITED LIABILITY COMPANY, OWNER IN FEE OF ALL OF LOT 1 OF PACIFIC RIM ADDITION RECORDED IN DOCUMENT NUMBER 2014-09731 AND ALL OF LOT 2 OF BLOCK 2 OF 'NHITE STAR ADDITION RECORDED IN PLAT BOOK 03 PAGE 42, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, CONTAINING 19.485 SQUARE FEET (0.45 ACRES), MORE OR LESS, DOES HEREBY COMBINE SAID TRACTS INTO A SINGLE LOT AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED 'WADE 1ST SUBDIVJSION". THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTAUATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE ALJTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTAL!ATION, MAINTENANCE, REPAIR. REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. WADE DEVELOPMENT ENTERPRISES, LLC ROBERT WADE, MANAGING MEMBER STATEOFMISSOURI ) )66 COUNTY OF CAPE GIRARDEAU ) ONTHIB ___ DAY Of-====~ 20__. BEFORE ME, A NOTARY PUBLIC FORSAID COUNTY AND STATE, PERSONAi.LY APPEARED ROBERT WADE, WHO, BEING BY ME DULY SWORN, DID STATE THAT HE IS A MANAGING MEMBER OF WADE DEVELOPMENT ENTERPRISES, LLC, A MISSOURI LIMITED LIABILITY COMPANY, AND THAT HE 18 ALJTHORIZED 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 DA'JE 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. _________ PASSEDANDAPPROVEDTHIS __ DAYOF _______ A.0.,20_. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATEOFMISSOURI ) JSS COUNTY OF CAPE GIRARDEAU ) FILED FOR RECORD THIS DAYOF _______ A.D.,20__, IN DOCUMENT NUMBER _______ _ ANDREW DAVID BLATTNER, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI ALEX RICHBOURG CHRISTOPHER KOEHLER JUNE 7, 2023 AUGUST 16, 2023 3B951 REV DATE Planning & Zoning Commission FORREVIEW SEPTEMBER 13, 2023 PROPOSED AMENDMENT TO CHAPTER 30 (ZONING ORDINANCE) REGARDING CBD, CENTRAL BUSINESS DISTRICT CITY of CAPE GIRARDEAU MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner {J?,8 MEETING DATE: September 13, 2023 COMMUNITY DEVELOPMENT SUBJECT: Chapter 30 Amendment Regarding CBD, Central Business District Attached is a proposed amendment to the CBD, Central Business District section ofthe Zoning Code (Chapter 30 of the City's Code of Ordinances). The amendment adds "vehicle fueling, service or repair facilities, excluding body or paint shops" to the special uses list. The CBD is a large district containing many different types of properties. Some of these properties were developed and historically used as gas stations, auto service centers, and mechanic shops, which are not permitted under today's CBD regulations. If passed, the amendment would make it possible to establish and operate such facilities in the CBD upon issuance of a special use permit. In granting a special use permit, the City Council may impose conditions of. approval to ensure that the use does not adversely affect the surrounding properties and the community. 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 CBD, Central Business District September 13, 2023 TEXT TO BE DELETED IS SHOWN IN s:l'RIKl!fl=IRQU(;l=I TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Page 1 of 5 Chapter 30 Amendment Regarding CBD, Central Business District September 13, 2023 Sec. 30-65. CBD, Central Business District. (a) Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not detract from the pedestrian-oriented nature and visual appeal of the district. New buildings, as well as exterior alterations and additions to existing buildings, are required to meet certain design standards to ensure compatibility. To accommodate existing lots and provide for flexibility in the design of new development and redevelopment projects, there are no minimum lot standards or setbacks. (b) Permitted principal uses. (1) Art galleries or museums. (2) Auditoriums or theaters. (3) Banks or other financial institutions. (4) Banquet facilities. (5) Bed and breakfasts. (6) Commercial day cares. (7) Commercial recreation facilities. (8) Funeral homes or mortuaries. (9) Governmental facilities. (10) Health or fitness centers. (11) Hospitals. (12) Hotels or motels. (13) Institutions of higher education, including universities and business, career, or technology schools. (14) Instructional schools for art, dance, music, martial arts, or other disciplines. (15) Libraries. (16) Medical marijuana dispensary facilities, as permitted in section 30-118. (17) Meeting halls. (18) Microbreweries or microdistilleries. (19) Nursing homes. (20) Offices. (21) Parks, playgrounds, or recreation facilities. (22) Personal service establishments. (23) Police or fire stations. (24) Residential treatment facilities. (25) Residential uses, excluding manufactured homes. (26) Restaurants or bars. (27) Retail or rental establishments. (28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery. Page 2 of 5 Chapter 30 Amendment Regarding CBD, Central Business District September 13, 2023 (29) Transitional housing . (30) Veterinary clin ics or animal hospitals, excluding livestock and kennels. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. (2) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (3) Solar energy systems, as permitted in section 30-113. (d) Special uses . (1) Any use not meeting the requirements of subsection (e)(l) of this section which would otherwise be a permitted use in this section . (2) Excursion gambling boats or floating gambling facilities. (3) Helicopter facilities, in conjunction with a hospital. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105 . (5) Marinas or docks . (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use-by-right . (7) Telecommun ication towers, as permitted in section 30-107 . (8) The allowance of additional height up to a total of 60 feet, not to exceed five stories. (9) Vehicle fueling, service or repair facilities, excluding body or paint shops . f9}(10) Wind energy conversion systems, as permitted in section 30-113 . (e) Standards. (1) All permitted uses shall be conducted entirely indoors except the following : a. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other financial institution. b. Eating or drinking facilities . c. Live musical performances or the playing of recorded music, provided that such activities do not violate other provisions of the city Code. d. Mobile food or beverage service facilities, provided that such activities do not violate other provisions of the city Code. e. Parking or loading facilities. f. Parks or playgrounds . g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a dwelling . h. Public art . i. Public recreation facilities . j. Shipping containers, as permitted in subsection (c)(2) of this section . k. Solar energy systems, as permitted in subsection (c)(3) of this section . I. Temporary uses, as permitted in section 30 -109. Page 3 of 5 Chapter 30 Amendment Regarding CBD, Central Business District September 13, 2023 m. Walk-up windows for food or beverage service, provided that such activities do not violate other provisions of the city Code. n. Waste containers, subject to screening provisions as required elsewhere in the city Code. (2) Design standards for new builtjings. New buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. New buildings shall not: a. Disrupt an existing pattern of setbacks along a street; b. Disrupt an existing pattern of buildings being oriented toward a street; or c. Result in disproportionate height, scale, or massing relative to the surrounding buildings. ' (3) Design standards for exterior alterations and additions to existing buildings. a. Exterior alterations and additions to existing buildings shall be compatible with the architectural character of the building being altered or added to in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Remove, materially alter, or obscure significant character-defining features such as parapets, cornices, belt courses, corbels, quoins, and patterned brickwork; 2. Remove, materially alter, or obscure non-storefront wall openings in a manner that disrupts an existing wall opening pattern on a public-facing building elevation; 3. Reduce or expand non-storefront wall openings to fit replacement windows or doors, except for minor shimming; or 4. Replace double-sash windows or divided light windows with windows consisting of a single, undivided light. b. Exterior alterations and additions to existing buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Disrupt an existing pattern of setbacks along a street; 2. Disrupt an existing pattern of buildings being oriented toward a street; or 3. Result in disproportionate height, scale, or massing relative to the surrounding buildings. (4) CBD design standards approval. a. Except as provided for in subsection (e)(S) of this section, CBD design standards approval shall be required for any new building or any exterior alteration or addition to an existing building, excluding signs and ordinary maintenance and repair. b. Application for CBD design standards approval shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed administratively in accordance with procedures established by the city manager. (5) Certificate of appropriateness. a. A certificate of appropriateness shall be required for any of the foHowing: 1. Demolition in whole or in part of any building, excluding any building demolished by the city pursuant to chapter 7, article XIII of this code; 2. Painting of an unpainted surface on the exterior of any building, excluding new construction; Page 4 of 5 Chapter 30 Amendment Regarding CBD,·Central Business District September 13, 2023 3. Painting of an exterior wall and the roof, trim, or architectural details attached thereto or contained therein, in the same color, unless such condition already exists; or 4. Addition or alteration of a mural on the exterior of any building. For the purposes of this section, the term "mural" means any sign or piece of graphic artwork that is painted or applied directly to a wall, roof, or other portion of a building. b. Application for a certificate of appropriateness shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed in accordance with the criteria and procedures set forth in section 30-740) through (r). (f) Height, area, width, density, setback, and open space requirements. (1) Maximum height: 40 feet, not to exceed three stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Maximum density: None. (5) Minimum setbacks: a. Front yard: None. b. Rear yard: None. c. Side yard: None. (6) Minimum open space: None. Page 5 of 5 Chapter 30 Amendment Regarding CBD, Central Business District September 13, 2023 Sec. 30-65. CBD1 Central Business District. (a) Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not detract from the pedestrian-oriented nature and visual appeal of the district. New buildings, as well as exterior alterations and additions to existing buildings, are required to meet certain design standards to ensure compatibility. To accommodate existing lots and provide for flexibility in the design of new development and redevelopment projects, there are no minimum lot standards or setbacks. (b) Permitted principal uses. (1) Art galleries or museums. (2) Auditoriums or theaters. (3) Banks or other financial institutions. (4) Banquet facilities. (5) Bed and breakfasts. (6) Commercial day cares. (7) Commercial recreation facilities. (8) Funeral homes or mortuaries. (9) Governmental facilities. (10) Health or fitness centers. (11) Hospitals. (12) Hotels or motels. (13) Institutions of higher education, including universities and business, career, or technology schools. (14) Instructional schools for art, dance, music, martial arts, or other disciplines. (15) Libraries. (16) Medical marijuana dispensary facilities, as permitted in section 30-118. (17) Meeting halls. (18) Microbreweries or microdistilleries. (19) Nursing homes. (20) Offices. (21) Parks, playgrounds, or recreation facilities. (22) Personal service establishments. (23) Police or fire stations. (24) Residential treatment facilities. (25) Residential uses, excluding manufactured homes. (26) Restaurants or bars. (27) Retail or rental establishments. Page 1 of 4 Chapter 30 Amendment Regarding CBD, Central Business District September 13, 2023 (28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery. (29) Transitional housing. (30) Veterinary clinics or animal hospitals, excluding livestock and kennels. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. (2) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (3) Solar energy systems, as permitted in section 30-113. (d) Special uses. (1) Any use not meeting the requirements of subsection (e)(l) of this section which would otherwise be a permitted use in this section. (2) Excursion gambling boats or floating gambling facilities. (3) Helicopter facilities, in conjunction with a hospital. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Marinas or docks. (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings ontructures of the same nature as a use-by-right. (7) Telecommunication towers, as permitted in section 30-107. (8) The allowance of additional height up to a total of 60 feet, not to exceed five stories. (9) Vehicle fueling, service or repair facilities, excluding body or paint shops. (10) Wind energy conversion systems, as permitted in section 30-113. (e) Standards. (1) All permitted uses shall be conducted entirely indoors except the following: a. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other financial institution. b. Eating or drinking facilities. c. Live musical performances or the playing of recorded music, provided that such activities do not violate other provisions of the city Code. d. Mobile food or beverage service facilities, provided that such activities do not violate other provisions of the city Code. e. Parking or loading facilities. f. Parks or playgrounds. g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a dwelling. h. Public art. i. Public recreation facilities. j. Shipping containers, as permitted in subsection (c)(2) of this section. k. Solar energy systems, as permitted in subsection (c)(3) of this section. Page 2 of 4 Chapter 30 Amendment Regarding CBD, Central Business District September 13, 2023 I. Temporary uses, as permitted in section 30-109. m. Walk-up windows for food or beverage service, provided that such activities do not violate other provisions of the city Code. n. Waste containers, subject to screening provisions as required elsewhere in the city Code. (2) Design standards for new buildings. New buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. New buildings shall not: a. Disrupt an existing pattern of setbacks along a street; b. Disrupt an existing pattern of buildings being oriented toward a street; or c. Result in disproportionate height, scale, or massing relative to the surrounding buildings. (3) Design standards for exterior alterations and additions to existing buildings. a. Exterior alterations and additions to existing buildings shall be compatible with the architectural character of the building being altered or added to in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Remove, materially alter, or obscure significant character-defining features such as parapets, cornices, belt courses, corbels, quoins, and patterned brickwork; 2. Remove, materially alter, or obscure non-storefront wall openings in a manner that disrupts an existing wall opening pattern on a public-facing building elevation; 3. Reduce or expand non-storefront wall openings to fit replacement windows or doors, except for minor shimming; or 4. Replace double-sash windows or divided light windows with windows consisting of a single, undivided light. b. Exterior alterations and additions to existing buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: 1. Disrupt an existing pattern of setbacks along a street; 2. Disrupt an existing pattern of buildings being oriented toward a street; or 3. Result in disproportionate height, scale, or massing relative to the surrounding buildings. (4) CBD design standards approval. a. Except as provided for in subsection (e)(S) of this section, CBD design standards approval shall be required for any new building or any exterior alteration or addition to an existing building, excluding signs and ordinary maintenance and repair. b. Application for CBD design standards approval shall be submitted to the city manager using a form provided by the city and contain '<lll necessary information as determined by the city manager. Such application shall be processed administratively in accordance with procedures established by the city manager. (5) Certificate of appropriateness. a. A certificate of appropriateness shall be required for any of the following: 1. Demolition in whole or in part of any building, excluding any building demolished by the city pursuant to chapter 7, article XII I of this code; Page 3 of 4 Chapter 30 Amendment Regarding CBD, Central Business District September 13, 2023 2. Painting of an unpainted surface on the exterior of any building, excluding new construction; 3. Painting of an exterior wall and the roof, trim, or architectural details attached thereto or contained therein, in the same color, unless such condition already exists; or 4. Addition or alteration of a mural on the exterior of any building. For the purposes of this section, the term "mural" means any sign or piece of graphic artwork that is painted or applied d[ectly to a wall, roof, or other portion of a building. b. Application for a certificate of appropriateness shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed in accordance with the criteria and procedures set forth in section 30-740) through (r). (f) Height, area, width, density, setback, and open space requirements. (1) Maximum height: 40 feet, not to exceed three stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Maximum density: None. (5) Minimum setbacks: a. Front yard: None. b. Rear yard: None. c. Side yard: None. (6) Minimum open space: None. Page4 of 4 Planning & Zoning Commission FORREVIEW SEPTEMBER 13, 2023 PROPOSED AMENDMENT TO CHAPTER 30 (ZONING ORDINANCE) REGARDING TEMPORARY USES CITY of CAPE GIRARDEAU MEMORANDUM TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner tf2$ MEETING DATE: September 13, 2023 SUBJECT: Chapter 30 Amendment Regarding Temporary Uses COMMUNITY DEVELOPMENT Attached is a proposed amendment to the Temporary Uses section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). The amendment establishes "mobile outdoor recreation facilities" as a temporary use category. This category covers inflatable play structures and other movable structures or equipment rented for outdoor recreation activities. The amendment also includes several minor changes for purposes of clarity and consistency. 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 TEXT TO BE DELETED IS SHOWN IN STRIKHMRQUGl=I TEXT TO BE ADDED IS SHOWN IN RED Chapter 30 Amendment Regarding Temporary Uses September 13, 2023 ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Page 1 of 3 Sec. 30-109. Temporary uses. Chapter 30 Amendment Regarding Temporary Uses September 13, 2023 (a) Purpose. This section provides for uses that are customarily transient in nature and, due to their short duration, do not permanently impact surrounding properties. (b) Temporary uses permitted by right. The temporary uses in the following table are permitted by right in all zoning districts unless otherwise specified, subject to the specific regulations and time limits therein, and subject to all other applicable regulations provisions of the city Code. Temporary Use Category Specific Regulations Time Limit Per Use Contractor offices, equipment Permitted only for the duration trailers, storage buildings, or of the project and shall be shipping containers incidental to removed upon completion or a construction project abandonment of the construction work, whichever occurs first Real estate sale aF leasing a#iee Maximum of one per subdivision Permitted only until all lots or sales offices incidental to a new or development; cannot include dwelling units in the subdivision residential subdivision or sleeping accommodations unless or development are sold ef condominium development located in a model dwelling unit teasea Outdoor markets or outdoor Permitted only on property Maximum of 30 days within a 12 retail sales of fireworks, located in a nonresidential consecutive month period (per Christmas trees, or other items zoning district or containing a property} (excluding produce or lawn and nonresidential principal use garden products) Outdoor retail sales of produce Permitted only on property Maximum of 120 days within a or lawn and garden products located in a nonresidential 12 consecutive month period zoning district or containing a (per property} nonresidential principal use Carnivals, circuses, mobile zoos, Permitted only on property Maximum of 30 days within a 12 haunted houses, or craft, trade, located in a nonresidential consecutive month period (per or exhibition shows zoning district or containing a property} nonresidential principal use Mobile outdoor recreation Permitted on property located in Maximum of 12 times per 12 facilities 1 a nonresidential zoning district; consecutive month period , not also permitted on property to exceed four consecutive days located in a residential zoning per time (per property} district as part of a private party or an event hosted by a nonprofit organization Page 2 of 3 Garage or yard sales Street festivals Chapter 30 Amendment Regarding Temporary Uses September 13 , 2023 Maximum of four within a 12 Maximum of three consecutive consecutive month period days per garage or yard sale Maximum of one within a 12 Maximum ofthree consecutive consecutive month period if the days per festival; additional time street on which the festival is to is allowed to prepare the street be held is adjacent to a prior to the festival and to residential zoning district restore the street after the festival, at the discretion of the city manager; festivals are limited to the hours of 7:00 a.m . to 11:00 p.m. 1 Mobile outdoor recreation facilities means movable structures or equipment rented for outdoor recreation activities, including inflatable play structures, trampolines, climbing walls, game booths and trailers, and other facilities of a similar nature. Page 3 of 3 Sec. 30-109. Temporary uses. Chapter 30 Amendment Regarding Temporary Uses September 13, 2023 (a) Purpose. This section provides for uses that are customarily transient in nature and, due to their short duration, do not permanently impact surrounding properties. (b) Temporary uses permitted by right. The temporary uses in the following table are permitted by right in all zoning districts unless otherwise specified, subject to the specific regulations and time limits therein, and subject to all other provisions of the city Code. Temporary Use Category Specific Regulations Time Limit Per Use Contractor offices, equipment Permitted only for the duration trailers, storage buildings, or ofthe project and shall be shipping containers incidental to removed upon completion or a construction project abandonment of the construction work, whichever occurs first Real estate sales offices Maximum of one per subdivision Permitted only until all lots or incidental to a new residential or development; cannot include dwelling units in the subdivision subdivision or condominium sleeping accommodations unless or development are sold development located in a model dwelling unit Outdoor markets or outdoor Permitted only on property Maximum of 30 days within a 12 retail sales of fireworks, located in a nonresidential consecutive month period (per Christmas trees, or other items zoning district or containing a property) (excluding produce or lawn and nonresidential principal use garden products) Outdoor retail sales of produce Permitted only on property Maximum of 120 days within a or lawn and garden products located in a nonresidential 12 consecutive month period zoning district or containing a (per property) nonresidential principal use Carnivals, circuses, mobile zoos, Permitted only on property Maximum of 30 days within a 12 haunted houses, or craft, trade, located in a nonresidential consecutive month period (per or exhibition shows zoning district or containing a property) nonresidential principal use Mobile outdoor recreation Permitted on property located in Maximum of 12 times per 12 facilities1 a nonresidential zoning district; consecutive month period, not also permitted on property to exceed four consecutive days located in a residential zoning per time (per property) district as part of a private party or an event hosted by a Page 1 of 2 Garage or yard sales Street festivals Chapter 30 Amendment Regarding Temporary Uses September 13, 2023 nonprofit organization Maximum of four within a 12 Maximum of three consecutive consecutive month period days per garage or yard sale Maximum of one within a 12 Maximum ofthree consecutive consecutive month period if the days per festival; additional time street on which the festival is to is allowed to prepare the street be held is adjacent to a prior to the festival and to residential zoning district restore the street after the festival, at the discretion of the city manager; festivals are limited to the hours of 7:00 a.m. to 11:00 p.m. 1Mobile outdoor recreation facilities means movable structures or equipment rented for outdoor recreation activities, including inflatable play structures, trampolines, climbing walls, game booths and trailers, and other facilities of a similar nature. Page 2 of 2 Planning & Zoning Commission Updated Commission Member Roster 08/22/23 City of Cape Girardeau Planning & Zoning Commission Member Roster Kevin Greaser -Chairman Date Appointed: September I 9, 2016 Term Expires: November 1, 2025 Home: 2437 Horseshoe Ridge Cape Girardeau , MO 63701 e-mail: kgreaser@onemidwest.com Daytime Phone: Evening/Mobile Phone: (573) 339-9645 (573) 225-5878 Scott Blank -Vice Chairman Date Appointed: November 2, 2020 Term Expires: Novem ber 1, 2024 Home: 2717 Peach Tree Street e-mail: Cape Girardeau, MO 63701 sblank@bistateoilcompany.com Primary Phone: (573) 335-7186 Secondary Phone: (573) 382-1026 Deborah Young -Secretary Date Appointed: September 21 , 2020 Term Expires: November 1, 2023 Home: 221 Marlin Drive e-mail: Cape Girardeau, MO 63701 dbrhayoung@gmail.com Primary Phone: (573) 979-6948 Secondary Phone: (573) 803-0166 Derek Jackson Date Appointed: November 19, 2018 Term Expires: Nove mber 1, 2026 Home: 3280 Lakewood Drive Cape Girardeau, MO 63701 e-mail: dajackson7@gmail.com Primary Phone: (573) 979-1843 Gerry Jones Date Appointed: August 21 , 2023 Term Expires: November 1, 2025 Home: 2609 Saddle Ridge Lane Cape Girardeau, MO 63701 e-mail: gjones@joneslandmark.com Primary Phone: (573) 270-1496 Secondary Phone: (573) 335-5483 Chris Martin Date Appointed: October 17, 2022 Term Expires: November 1, 2026 Home: 2577 Cobblestone Court Primary Phone: (573) 651-2322 Cape Girardeau, MO 63701 crmartin.esq@gmail.com Secondary Phone: (573) 803-0614 (314) 750-7166 e-mail: Nick Martin Date Appointed: March 15, 2021 Primary Phone: Term Expires: November 1, 2023 Home: 2541 Wild Horse Trail Cape Girardeau, MO 63701 e-mail: nick.martin@pilot-cs.net (573) 979-3836 Sommer McCauley-Perdue Date Appointed: October 17, 2022 Term Expires: November 1, 2026 Home: 1028 South Sprigg Street Cape Girardeau, MO 63703 Primary Phone: (573) 332-8292 e-mail: liebllc@yahoo.com Sid Whittington Date Appointed: January 4, 2021 Term Expires: November 1, 2024 Home: 3133 Park Place Drive Primary Phone: (573) 450-4888 Cape Girardeau , MO 63701 e-mail: epkids20 l 4@gmail.com Members of the Commission are appointed/or a term of four (4) years by the City Council. City Council policy limits members to two (2) consecutive full terms. The Commission shall meet in January to elect officers. The Cape Girardeau Planning & Zoning Commission was established by Ordinance #523 on June 8, 1928. Revised 08/22/23 City of Cape Girardeau Planning & Zoning Commission Member Roster TTF-6 Sub-Committee Harry Rediger, Chairman John Voss Trae Bertrand Tamara Zellars-Buck Jeff Glenn Kevin Greaser Suh-committees Vacant -Planning & Zoning Commission Ryan Shrimplin, Staff Liaison Cape-Jackson Joint Subdivision Advisory Committee Cape Girardeau City Staff -Ryan Shrimplin Jackson City Staff -Janet Sanders Cape Girardeau County Commission -Paul Koeper Committee meets as needed Name Ward Orig. Appl. Date Reappointed Reappointed Nick Martin 6 03/17/21 finish Bruce Skinner term to 2023 Deborah Young 1 09/21/20 to finish partial term to 2023 Sid Whittington 6 01/04/21 to finish partial term to 2024 Scott Blank 5 11/02/20 Kevin Greaser 4 09/19/16 10/17/16 11/02/20 Gerry Jones 4 08/22/23 to finish Melissa Stickel term to 2025 Chris Martin 6 10/17/22 Derek Jackson 1 11/19/18 10/17/22 Sommer McCauley-Perdue 2 10/17/22 Red= Fu ll Term Reappointed 10/18/21 Members of the Commission are appointed for a term of four (4) years by the City Council. City C ouncil policy limits members to two (2) consecutive full terms. The Commission shall meet in January to elect officers. Term Termed Expires Out 11/01/23 11/01/31 11/01/23 11/01/31 11/01/24 11/01/32 11/01/24 11/01/28 11/01/25 11/01/25 11/01/25 11/01/29 11/01/26 11/01/30 11/01/26 11/01/26 11/01/26 11/01/30 Revised 08/22/23