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Home My WebLink AboutP&Z.Agenda.10-10-2023.PacketCITY of CAPE GIRARDEAU PLANNING &. ZONING COMMISSION Derek Jackson Chris Martin AGENDA PLANNING & ZONING COMMISSION TUESDAY, OCTOBER 10, 2023 7:00p.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 September 13, 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 Bill and JoAnn Adams to rezone property located at 406 Bertling Street and the adjacent parcel at the northwest comer of Bertling Street and Big Bend Road from R-1 (Single-Family Suburban Residential District) to RUMD (Residential Urban Mixed Density District). ACTION TAKEN: __ Recommended Approval __ Recommended Denial Tabled 2. Public hearing on the request of Midamerica Hotels Corporation, on behalf of the James L. and Wanda L. Drury Trust, to rezone property located at the southeast and southwest comers of Missouri State Highway Kand Notre Dame Drive from R-1 (Single-Family Suburban Residential District) to C-2 (Highway Commercial District). ACTION TAKEN: __ Recommended Approval __ Recommended Denial Tabled OTHER ITEMS AND COMMUNICATION Commission Communication. Staff Communication. • Update on items from previous Commission meetings going on to City Council. Adjournment. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Page I of2 CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION ****************** 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 wiU be held at the City Council meeting on Monday, November 6, 2023. Rezoning and special use permit requests recommended for denial tonight will be referred to the City Council at its meeting on Monday, October 16, 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, October 16, 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 Page2 o/2 CITY of CAPE GIRARDEAU PLANNING &. ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES September 13, 2023 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Gerry Jones, Chris Martin, Sommer McCauley-Perdue, Sid Whittington, Deborah Young Commission Members Absent: Nick Martin 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 August 9, 2023 meeting were unanimously approved upon a motion made by Mr. Martin and seconded by Mr. Jackson. Chairman Greaser introduced Mr. Jones and welcomed him to the Commission. Mr. Jones was appointed to the Commission to fill the vacancy left by Ms. Melissa Stickel, who resigned from the Commission in July. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held 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 telecommunications tower on property located at 1351 South West End Boulevard in the R-2, Single-Family Urban Residential District. Mr. Russell Been, Cellective Solutions, LLC, presented the request. He stated that Vertical Bridge would like to replace the existing telecommunications tower located on a site leased from the City at 1351 South West End Boulevard. He explained that, due to changes in wireless communications technology, the existing tower is not adequate to support the latest antenna arrays. The existing tower is a "stealth" monopole with hidden antennas. The new antennas are larger and do not fit inside a standard stealth monopole. The new monopole is designed to support externally mounted antenna arrays. In the rare event of a structural failure, the monopole is designed to collapse onto itself. Mr. Martin asked if the existing tower was intended to double as a flagpole. Mr. Been explained that the original tower was designed to double as a flagpole; it was replaced five years ago with the existing tower, a slim line monopole, which was not designed for a flag. Mr. Martin asked why a tree disguise was not considered. Mr. Been replied that towers with tree disguises do not look like real trees due to their disproportionate height. The disguise 0 City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page2 of6 actually makes them more noticeable. Chairman Greaser stated that the existing tower is not really noticeable, to which Mr. Jackson expressed agreement. Mr. Shrimplin stated that the existing and new towers both have a galvanized steel finish. He noted that the new tower will be closer to the street than the existing tower. A variance is required in order to allow the tower to be closer to the right-of-way line than a distance equal to the height of the tower. Staff supported the variance as part of the special use permit due to the way the tower is designed. Chairman Greaser opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the special use permit request, subject to the following conditions: 1. 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. 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. A motion was made by Mr. Jackson and seconded by Ms. McCauley-Perdue to recommend approval of the special use permit request, subject to the conditions listed in the staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley-Perdue, Whittington, Young). 2. A public hearing was held on the request of La Croix Properties, LLC for an exception from Development Code Section 25-49(b)&(c), improvement of parking areas, for property located at 1933 Rust Avenue. Mr. Robert Holzum, La Croix Properties, LLC, presented the request. He explained that La Croix Properties, LLC owns the property and has plans to develop it in the future. In the meantime, La Croix Properties, LLC would like to lease the property to the Cape Girardeau Career & Technology Center (CTC) for its truck driver training program. The site would be covered with base rock (gravel) and eventually paved once the property is developed. Mr. Shrimplin stated that the exception is being requested because the Development Code requires access driveways (minimum of 75 feet from the property line) and vehicle parking and maneuvering areas in the front yards of manufacturing zoning districts to be paved. The property is zoned M-1, Light Manufacturing/Industrial District. 0~ . City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 3 of 6 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 contained the following findings of fact: 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. 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 recommended 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. A motion was made by Mr. Blank and seconded by Mr. Jackson to approve the exception request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 4 of6 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley-Perdue, Whittington, Young). SUBDIVISION PLATS 3. The record plat of Wade 1st Subdivision was reviewed by the Commission. Mr. Chris Koehler, Koehler Engineering & Land Surveying, presented the request. He explained that the plat combines two lots in order to connect two buildings currently located on separate lots. Mr. Martin asked if the development will have access from Independence Street. Mr. Koehler stated that the development will have access from Independence Street as well as the alley behind the property. Mr. Shrimplin explained that the plat shows a variance 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 O 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. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Jackson and seconded by Mr. Martin to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley-Perdue, Whittington, Young). OTHER ITEMS AND COMMUNICATION 4. Chapter 30 Amendment Regarding CBD, Central Business District Mr. Shrimplin presented a proposed amendment to the CBD, Central Business District section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). He stated that 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. A motion was made by Mr. Jackson and seconded by Mr. Whittington to recommend approval of the amendment as submitted. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley-Perdue, Whittington, Young). 5. Chapter 30 Amendment Regarding Temporary Uses Mr. Shrimplin presented a proposed amendment to the Temporary Uses section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). He stated that the amendment City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 5 of 6 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. Mr. Martin asked if the amendment would apply to inflatable play structures purchased by someone for use by their household. Mr. Shrimplin replied that the amendment would only apply to inflatable play structures that are rented to customers. A motion was made by Mr. Martin and seconded by Ms. Young to recommend approval of the amendment as submitted. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCau/ey- Perdue, Whittington, Young). · Alternate October Meeting Date Mr. Shrimplin stated that he will be attending a conference October 11-13. He asked the Commission to consider moving the October 11 meeting. The Commission agreed to move the meeting to October 10. 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 August 21, 2023: • 97 North Kingshighway Rezoning - 2 nd & 3rd Readings • 2797 Benton Hill Road Annexation, Zoning & Ward Boundary Extension - 2 nd & 3rd Readings , • Maurer Family Land Record Plat-1st Reading The City Council approved the following on September 5, 2023: • Maurer Family Land Record Plat - 2 nd & 3rd Readings • Kennedy's 2 nd Addition Record Plat - 1 st Reading • S & L Subdivision Record Plat - 1 st Reading Chairman Greaser asked when the West End Boulevard Transportation Trust Fund 5 (TTF-5) project would be completed. Mr. Shrimplin indicated that the project was moving along but he was uncertain as to the completion date. Adjournment City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 6 of 6 There being no further business, the Commission voted unanimously to adjourn the meeting at 7:35 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Blank. Respectfully submitted, Deborah Young, Secretary Planning & Zoning Commission APPLICATION FOR: ADDRESS OF PROPERTY: PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: REZONING 406 Bertling Street & Adjacent Parcel at NW Corner of Bertling Street and Big Bend Road Bill & JoAnn Adams Tina Gerecke, Realtor R-1 (Single-family Suburban Residential) RUMD (Residential Urban Mixed Density) CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner cJ,& MEETING DATE: October 10, 2023 COMMUNITY DEVELOPMENT SUBJECT: Rezoning Request for Property at 406 Bertling Street & Adjacent Parcel at Northwest Corner of Bertling Street and Big Bend Road A rezoning application has been submitted for the property at 406 Bertling Street and the adjacent parcel at the northwest corner of Bertling Street and Big Bend Road. The applicant is requesting that the property be rezoned from R-1 (Single-Family Suburban Residential District) to RUMD (Residential Urban Mixed Density District). The immediately surrounding properties are zoned R-1 (Single-Family Suburban Residential District) to the northeast, north, and west, R-2 (Single-Family Urban Residential District) to the south, and R-3 (High Density Single-Family Residential District) to the southeast. This area is characterized by single-family residential, two- family residential, and multifamily residential uses. The Cape Vision 2040 Comprehensive Plan's Future Land Use Map shows the subject property as Low Density Residential and Suburban Mixed Use. In considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties .. The subject property is located at the intersection of two arterial streets and is surrounded by various types of residential uses. Per• the Zoning Code, the RUMD district "adapts to both established and developing neighborhoods, as well as being a transition between single-family and multifamily areas. It intends to provide for the stability of the existing residential development located in the areas of the city, while accommodating a range of compatible residential densities. This district should be located convenient to commercial uses and employment centers." The subject property is in an established neighborhood, with convenient access to Southeast Missouri State University via Bertling Street and to downtown via Big Bend Road. Rezoning the subject property to RUMD would allow for various types of residential development that would support and enhance the neighborhood. It is for these reasons that the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Based on the above findings, staff recommends approval of the rezoning request. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org B i g B e n d R d S y l v a n L n Bertling St Flint Hill Rd Oa k L n E C a p e R o c k D r Ca p e M e a d o w s C i r Green Acres Dr 515 516516 406 516 516516 516 516516 539 515515515 531535537 515515 515 648 533 538 536534 508516 496 471 649 487503507 663 484492 625 640 446 537541 635 476 540 659 660 623 545 1721 1721 1721 1721 1721 1721 17211721 1721 1704 1716 1712 1708 1610 1618 1622 1725 1621 1727 1801 16141613 1731 1617 R1 R2 R2 R2 R1 R1 R4R1 R4 R2 R2 R1 R1R1 R1 R2 R1 R2 R2 R3 R4 R3 R2 R1 R1 R1R1 R2 R2 R2 R3 R2 R3 R2 R2 R1 R2 R2 R2R2R2 R2 R2 R1 R2 R1R1 R2 R2 R2 R2 .Legend Property to be Rezoned Parcels Zoning District R1 R2 R3 R4 Created by: Community Development Carol Peters September 19, 2023 Rezoning Request 406 Bertling Street and Adjacent Parcel at the Northwest Corner of Bertling Street & Big Bend Road Requested rezoning from R-1 (Single-family Suburban Residential District) to RUMD (Residential Urban Mixed Density District)Future Land Use Recommendation: Low Density Residential & Suburban Mixed Use B i g B e n d R d Bertling St Flint Hill Rd Sylvan Ln E C a p e R o c k D r Ca p e M e a d o w s C i r Green Acres Dr 659 540 539 516 623 487 516 625 538 663 492 406 503 515 537 660 507 508 496 648 516 1704 1721 1727 1721 1708 1721 1716 1721 1721 1712 1721 1725 1721 1721 1721 1731 1721 17211721 1621 .Legend Property to be Rezoned Parcels Future Land Use Low Density Residential Medium Density Residential High Density Residential Suburban Mixed Use Created by: Community Development Carol Peters September 19, 2023 Rezoning Request 406 Bertling Street and Adjacent Parcel at the Northwest Corner of Bertling Street & Big Bend Road Requested rezoning from R-1 (Single-family Suburban Residential District) to RUMD (Residential Urban Mixed Density District)Future Land Use Recommendation: Low Density Residential & Suburban Mixed Use ~ -REZONING/ SPECIAL USE PERMIT APPLICATION 1 ~ CITY of CAPE GIRARDEAU 1 COMMUNITY DEVELOPMENT DEPARTMENT , 44 NORTH LORIMIER STREET, CAPE GIRARDEAU , MO 63701 (573) 339-6327 Property Address/Location 406 Bertling, Cape Girardeau, Missouri 63701 Api;>~~ant BillJe.Joe & JoAnnt Adams Property Owner of Record l!J Same as Applicant Mailing Address I City, State, Zip 2313 Derbyshire Ln Icape Girardeau, MO 63701 Mailing Address I City, State, Zip 2313 Derbyshire Ln Icape Girardeau , MO 63701 Telephone I Email 573-778-5115 Telephone I Email 573-335-6355 Contact Person Tina Gerecke, Realtor® (Attach additional owners information, if necessary) Type of Request Proposed Special Use (Special Use Permit requests only) 8 Rezoning Special Use Permit Both Existing Zoning District Proposed Zoning District (Rezoning requests only) R-1 , Single-Family Suburban Residential District RUMD , Residential Urban Mixed Density District Legal description of property to be rezoned and/or upon which the special use is to be conducted PT SUR 3091 --<See ().:\\'cxc}d Describe the proposed use of the property. Requesting rezoning from R-1 to RUMD to improve the owners' opportunities to sell the property for future development into multifamily dwellings, with the potential for a new owner to apply for special use to permit retail establishment to be built, should they desire. It is our belief that the rezoning will improve the chance for the property to sell and be developed into something more eye appealing for the City and surrounding community. Application continues on next page OFFICE USE ONLY Date Received & By ~} L &-/z_~ File# \ t\-(o~ Applicat ion Fee Received$ j 4 \ -D Check# ___ _ MUNIS Application# D Cred it Card D Cash MUNIS Permit# ____ _ Planning & Zoning Commission Recommendation ____ Date ___ _ City Council Fi nal Action ____ Date ___ _ Revi sed 07 /01/ 23 Special Use Criteria (Special Use Perm it requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion . 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4} The proposed special use will not adversely affect the general welfare of the community. 5} The proposed special use will not overtax public utilities. In addition to this completed application 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 JL.... List of adjacent property owners (see Instructions for requirements) See Instructions for more information. CERTIFICATIONS L 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 subm itted One (1) full size copy of a plat or su rvey of the property, if available _ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as : buildings and structures, paved areas, curb i ng, 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 pe r mits are obta i ned prior to commencing any use or work on the property. Q _ Ll -<L (-'k!a," -: 6ru ~lM.S f\u crll.:r, Jc:<t, ;:2 6 .;J,3 Property ow6 f Record Signature and Printed Name Date {Provide additionJf-)°~ners signatures and printed names ~n the space below, if applicable} Jo A 11.frtf ftd r:r "-3 f / P/ J J The undersigned hereby certifies that they are an agent duly authorized by t he Property Owner(s) of Record to file this application on their behalf, and that the Pr operty Owner(s) of Record hereby agree to the above certifications . ,. ½i.1:a~QU"e<k.& llro . .). (1-ececJu,,, ij1 'b/,;2e03 Applicant'gnature and Printed Name Date Revi sed 07 /01/23 Ar ea: 0. 78 acres 33772 .59 ft 2 Per im: 858.22 ft Area: 0.28 acres 12146.48 ft 2 Perim: 465.52 ft General Warranty Deed eRecorded DOCUMENT# 2019-08296 ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO eRECORDED ON 08/29/2019 11:20:33 AM REC FEE: 27 .00 PAGES:2 THIS INDENTURE, made on the .8;K_ day of ~A4,±: , 2019, by and between Billy Joe Adams, a/k/a Billie Joe Adams, and JoAnn Adams, his wife, of the County of Cape Girardeau, State of Missouri, GRANTORS, and Billy Joe Adams and JoAnn Adams, husband and wife, of the County of Cape Girardeau, State of Missouri, whose mailing address is 2313 Derbyshire Lane, Cape Girardeau, MO 63701, GRANTEES: WITNESSETH, That the said Grantors, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to them paid by the said Grantees, the receipt of which is hereby acknowledged, do by these presents, Grant, Bargain and Sell, Convey and Confirm, unto the said Grantees, their heirs and assigns, the following described real estate, lying, being and situate in the County of Cape Girardeau, State of Missouri, to-wit: A tract of land part of U. S. Survey No. 3091, in Township 31 North Range 14 East, described by metes and bounds as follows: From an iron pin at the northeast corner of the original Barney Hodge tract of land containing two acres more or less which point bears south 22 degrees west 439.7 feet from a stone at the northwest corner of the Mcleary Tract; run south 6 degrees east along the west side of Big Bend Road 240 feet for a point of beginning; thence north 82 1/4° W. 276.72 feet more or less, to a point on the west line of the Barney Hodge tract; thence South 1/2° E. with said west line 87.54 feet more or less to the south line of Survey No. 3091 thence south 821/4° E. along said south line of Survey No. 3091, 286.44 feet to the west line of Big Bend Road; thence north 6° W., along said West line of Big Bend Road 90 feet more or less to the point of beginning except that part deeded to John F. Kester as shown by deed recorded in Book 133 at page 209. Subject to any and all easements, restrictions, reservations and rights of way on record or now in effect. TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging, or in anywise appertaining unto the said Grantees, and unto their heirs and assigns, FOREVER, the said Grantors hereby covenanting that they are lawfully seized 1 of an indefeasible Estate in Fee in the premises herein conveyed; that they have good right to convey the same; that the said premises are free and clear of any encumbrance done or suffered by them or those under whom they claim, and that they will WARRANT AND DEFEND the title to the said premises unto the said Grantees, and unto their heirs and assigns, FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have set their hands the day and year first above written. STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) ) ss. ) On this __ag_ day of , 2019, before me appeared Billy Joe Adams and JoAnn Adams, his wife, to me~nto be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county and state the day and year first above written. My commission expires: 2 . ' -. .. "'t ............ ......,.... _ ... ,s,,: --p.,. .. , .,..,i,,.~"~ .v\:,--C,4t..,"',II{' .... :-~ ~-.i~1-.. ,.. - 212105-1.53.30 REC FEE: $30,00 PAGES: 3 'JANET ROBERT~ Recorder of Deeds, Cape uirardeau .. County MO, certify that -. •. · . ,, ' this aocument was filed · · · ; for record at 02: 05PM ,~ and official seal affixed at Jackson, MO. 10/20/2005 ; ' JANET ROBERT , , :, Recorder of Deeds .. : ..• • •~va;.;_~)Deputy {Space above reserved tor Recorder of Deeds certlflcat1on) COLLECTOR'S DEED (To Purchaser of Tax Sale Certificate) Whereas on this 11TII day Of OCIOBER , 2q)S, the undersigned collector of the county of CAPE GIRARDEAU , State of Missouri, (known as ''Grantor''), dtd receive from BilL & JOANN ADAMS , whose ma11tng address 1s PO BOX 1084, VAN BUREN, MO 63965 , of the county of CAPE GIRARDEAU, State of Missouri, (known as "Orantee(s), a certificate of purchase, m writing, bearing date the 23RD day of AUGUST , 2004 , signed bYDIANE DIEBOlD who at the last ment10ned date was Collector of said county from whtch 1t appears that the said BII.L & JOANN ADAMS did, on the 23RD day of AUGUST , 2004 , purchase at public auction at the door of the courthouse in said county, the tract, parcel or lot of land lastly m this indenture described, and wtuch lot or tract was sold to BILL & JOANN ADAMS forthesum ONE THOUSAND FIVE HUNDRED NINEIY-FIVE--------dollarsand FIFIY-'IWO---cents, bemg the amount due on the follOWlng tracts or lots of land, returned delinquent m the name of BARRY & ANGEI.A GARRARD TJX "t- for non-payment or taxes, costs and charges for the years 2001, 2002, 2003 WITNESS ETH That the said Grantor, for and m cons1derat1on of the prem1Ses has granted, bargamed and sold unto the said Grantee, his successors and assigns, forever, the tract or parcel of land mentioned m said cerbf1cate, situate m the County of CAPE GIRARDEAU and State of M1ssour1, and descnbed as follows Legal descr1ptton SEE ATIACHED: Said lands have been recorded, among other tracts, m the office of said Collector, as delinquent for the non-payment of taxes, costs, and charges due for the year last aforesaid, and legal publ1cat1on made of the sale of said lands, and 1t appeanng that the said BIU. & JOANN ADAMS 1s the legal owner of said certificate of purchase and the time fixed by law for redeeming the land therein descnbed having now expired, the said BARRY & ANGELA GARRARD UX nor any person 1n his behalf having paid or tendered the aroount due the said BILL & JOANN ADAMS ' .,,_~ .............. ""' I O I Fonn989 ............ ' . . ' .. , < I I C2001 ELKINS.SWYERS CO SPRINGFIELD MO -Y-4504 JI,,. !.. .. ;., ' ' ClassB -"1~ on account of the aforesaid purchase, and for the taxes smce paid, and the said BIIL & JOANN ADAMS havtng demanded a deed for the tract of land mentioned tn said cerbf1cate, and which was the least quantity of the tract above described that would sell for the amount due thereon for taxes, costs and charges, as above specified and 1t appearing from the records of said County Collector's offrce that the aforesaid lands were legally liable for taxation, and has been duty assessed and properly charged on the tax books With the taxes for the years 2001, 2002, 2003 , THEREFORE, this indenture made this 11 TH State of Missouri, by DIANE M. DIEBOLD and the said BllL & JOANN ADAMS day of OCTOBER , 20 05, between the Collector of said county, Grantor, Grantee, To Have and to Hold the said last mentioned tract or parcel of land, with the appurtenances thereto belonging, to the said Grantee, successors and assigns forever, mas full and ample a manner as the collector of said county 1s empowered by law to sell the same IN TESTIMONY WHEREOF, the said county of CAPE GIRARDEAU -~ Witness flf!u...J County Clerk of CAPE GIRARDEAU STATE OF MISSOURI, County of CAPE GIRARDEAU Before me, ttle undersigned CAROL s. BOLLINGER for said county, this day, personally came the above-namect-DIANE M. DIEBOLD , 1n and Collector of said county, and acknowledged that he/she executed the foregoing deed for the uses and purposes therein mentioned IN WITNESS WHEREOF, I have hereunto set my hand and seal th ,20 05 (SEAL) My commission expires __ M'_R_IL_1_8~'~2_0_0_9_ AFTER RECORDING RETURN TO h "-',, "' .. ' ' ;-.... , .,,.. ,II. ' t Form989 @2001 ELKINS-SWYERS CO , SPRINGFIElD, MO -Y-4504 Class B , . ADVERTISED AS: Pr SUR 3091, .18 ACRES, SECTION 29, TOWNSHIP 31, RANGE 14. PARCEL #16-712-00-05-01300, MJRE FULLY DESCRIBED IN BOOK 500, PAGE 667 IN THE RECORDER'S OFFICE. FURTHER DESCRIBED AS:A TRACT OF lAND SIWATED IN SURVEY 3091, TOWNSHIP 31 NORTH, RANGE 14 FAST, CITY AND COUN'IY OF CAPE GIRARDEAU, MISSOURI, CONTAINING 0.174 ACRES (MORE OR LESS) SUBJECT TO 'IHAT PART BEING IN THE NORTII RIGHT-OF-WAY OF BERTLING STREEI', DESCRIBED AS FOU.OWS: COMMENCE AT TIIE INTERSECTION OF THE WEST RIGHr-OF-WAY LINE OF BIG BEND ROAD AND TIIE SOUTH LINE OF SURVEY 3091, AND GO THENCE NORTH 82 ° 00' WEST ALONG SAID SOUTH LINE, 177.56 FEET FOR 'IHE POINT OF BF.GINNING, 1HENCE CONIINUE NORTII 82° 00' WEST ALONG SAID sounr LINE, 86.44 FEET; THENCE NORW 0° 16' WEST 87 .54 FEET; THENCE sourn 82° 40 1 EAST, 86. 72 FEEI'; TIIENCE SOUTH 88.5 FEE'!' TO THE POINT OF BEGINNING. EXCEPI' ANY PART THEREOF LYING IN BERTLING STREEI' RIGHI' OF WAY. 406 Bertling Neighbors for Rezoning Notification As of August 17, 2018 ,,._..._,._, .. ·-..,---.c_,=.,.....,-,-,._.,._.,.,_,,_,,,.._._-~~--,,.,---,.. v ---?"..,,,.,.,.J_,,.,.,......,,, · : .. { . .,-' ~. ·. ···. ~--.. ·· .i;:.,.·.: .... ·:-~;_:;'," · ·· ·'·. :_ · ·.·1,.-... · ---:-:·· -· -~---.-~ ... ~.-. ."·" Prqperty : Property . f 1111ahi11g • !State .. l :Zip Owner Name ! Address ... ·. . l Ad~r~is ·. > ! ·· · 1 ·•.·· ... ·,<· ... >i ~; .·· ·. • ·"--r·· .. ~.··. ·-j . t<·L ··.·•.·· .. ·' ·'!=• ·--- Tracy L. l 623 Flint Hill j 623 Flint Hill ! Cjp~,.. I MO 163701 Bollinger l Rd l Rd . L ! ~---+<! ____ _ Everett 11725 Big 1 ·· PO Box 4153 i $b8.it!citii'i 'jM"o ! 63780 Homes LLC I Bend Rd ! I ~r~ows II ii:..:~~ ; ~~~~:!on 1·'J~Q&.';0 I MO 163755 . I i Tony Walden Jr Nathan Coleson & Kiersten Hannah Greable CraigW& Robin J Williams l s16 Green I s16 Green 1, Acres Dr I Acres Dr , I I l I 648 Sylvan 1 Ln j I 648 Sylvan , Ln I l. Madge l 660 Sylvan Ridings Trust i Ln · 1660 Sylvan j Ln ! «it1ef?t:;. I Mo I i . 63701 63701 163701 ! l ! t l 63701 Planning & Zoning Commission APPLICATION FOR: ADDRESS OF PROPERTY: PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: REZONING Parcels North & West of Notre Dame High School James L. & Wanda L. Drury Trust Midamerica Hotels Corporation R-1 (Single-family Suburban Residential) C-2 (Highway Commercial) CITY of CAPE GIRARDEAU STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner c/2.5 MEETING DATE: October 10, 2023 COMMUNITY DEVELOPMENT SUBJECT: Rezoning Request for Property at Southeast and Southwest Corners of Missouri State Highway K and Notre Dame Drive A rezoning application has been submitted for property at the southeast and southwest corners of Missouri State Highway K and Notre Dame Drive. The applicant is requesting that the property be rezoned from R-1 (Single-Family Suburban Residential District) to C-2 (Highway Commercial District). The adjacent properties to the south are zoned R-1 (Single-Family Suburban Residential District) and R-4 (Medium Density Multifamily Residential District). The rest of the adjacent properties are outside the city limits and are not zoned. This area is characterized by agricultural land intermingled with various other uses (residences, schools, businesses). The Cape Vision 2040 Future Land Use Map shows the subject property as Low Density Residential and Medium Density Residential. In considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. At the time the Future Land Use Map was prepared, there were no known plans for the property. The portion at the southwest corner was a platted but undeveloped residential subdivision for many years until it was vacated by City ordinance earlier this year. A representative of the property owner has indicated that the owner would like to develop the property for commercial uses instead. According to the Zoning Code, the C-2 district "provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors." Missouri State Highway K is a major thoroughfare. The traffic volume is high at certain times of the day, especially in front of Notre Dame Regional High School. Additionally, the property is within half a mile of an existing cluster of C-2 zoned properties. It should be noted that Missouri State Highway K is maintained and controlled by the Missouri Department of Transportation (MoDOT). MoDOT has programmed capacity and safety improvements for the section of Highway K between Interstate 55 and Missouri State Highway 25. These improvements, once completed, will allow the highway to efficiently and safely handle increased traffic as more land is 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT developed. It is for these reasons that the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Based on the above findings, staff recommends approval of the rezoning request. 44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org Rezoning Request Parcels along Route K -North and West of Notre Dame Regional High School · Requested rezoning from R-1 (Single-family Suburban Residential District) to C-2 (Highway Commercial District) ~...-.. 1111 Future Land Use Recommendation: Medium & Low Density Residential CITYOj CAPE GIRARDEAU y: Community Developmen Carol Peters Se R1 ... C Cl) E ~· Cl) ... 0 z 265 • R4 D Property to be Rezoned Parcels Zoning District ~R1 ~R4 Rezoning Request Parcels along Route K -North and West of Notre Dame Regional High School Requested rezoning from R-1 (Single -family Suburban Residential District) to C-2 (Highway Commercial District) l.a.._ ..... Future Land Use Recommendation: Medium & Low Density Residential CITYOjCAPE GIRARDEAU Created by : Community Development Carol Peters September 28, 2023 ... C Q) E n:J C Q) ... -0 z • 265 Legend D Property to be Rezoned Parcels Future Land Use Institutional Low Density Residential Medium Density Residential REZONING/ SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT, 44 N LORI MIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Property Address/Location State Rte K near Notre Dame Drive Applicant Property Owner of Record (if other than Applicant) Midamerica Hotels Corp . James L & Wanda L Drury Trust Mailing Address City, State, Zip Mailing Address City, State, Zip 4072 State Hwy K Cape Girardeau, MO 63701 4072 State Hwy K Cape Girardeau, MO 63701 Telephone I Email Telephone I Email 573-334-0546 x206 mcantrell@midamcorp.com 573-334-0546 x206 mcantrell@midamcorp.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Melanie Cantrell ~e of Request Rezoning Special Use Permit Both Existing Zoning District Proposed Zoning District (Rezoning requests only) R-1 C-2 Legal description of property to be rezoned and/or upon which the special use is to be conducted We are asking for 2 tracts to be rezoned, see attached legal descriptions and drawing for exact locations. Describe the proposed use of the property. There are no immediate plans to develop this property. We anticipate it will develop as commercial uses since it fronts State Rte K and it's proximity to Cape. Application continues on next page OFFICE USE ONLY Date Received & By o~-2.4-23 _ . File# 14loo MUNIS Application# Application Fee Received $_____ D Check#____ D Credit Card D Cash { 4 33(p _ , MUNIS Permit,#~ ____ _ f, 14?3'1 . Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action _____ Date ____ _ Revised 12/21/2021 •· Special Use Criteria 0 (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. -- 2) The proposed special use wl/1 not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS REQUIRED In addition to this completed application form, the following items must be submitted: ..:I_ Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned See Instructions for more information. CERTIFICATIONS Development rezonings) · • _j_ List of adjacent property owners (see l(Jstructfons for requirements) .JI_ One (1) set of mailing envelopes, stamped and addressed to adjacent property owners .JI_ One (1) full size copy of a plat or survey of the property, if available Ii/A 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 Permit~ only) .!jMone (1) set of Planned Development documents (Planned D~velopmf!nt 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 per;;it. if approved, will become null and voielif the use for which the permit was granted does·not commence within twelve (12) months of the apprpval date, unless an extension has been granted; and 0="'"'21 T!":''i·:c:,•::",'"'gf"??rney:'Eici<r\owT~"ffg~·yffaf'they are responsible for ensuring_that all required licenses and permits are obtained prior to commencing any use or work on the property,,: ~--<-P.A---~ l-lo.roldJ.la.k.t7i'us+u. _ef_z:z._l2....,L2 ___ _ Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The under.signed 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. -rYJ 1 1 llfnivr!mviMJJ. Mua.ntt; Ca1rfrul --=-8 ·~~---:J-_J,9 ______ _ ~n\signature and Printed Name . · Date Revised 12/21/2021 Tract Directly North of Notre Dame High School That part of Fractional Section 4, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, more particularly described as: Commence at the southeast corner of United States Private Survey No. 218; thence North 7°11'49" East, with the east line of said U.S.P.S. No. 218, a distance of 953.94 feet to a point on the south right of way line of Missouri State Rte. K; thence along said south right of way line, South 79°09'5911.East, 54.18 feet; thence North 89°31 '25" East, 18. 72 feet to the Point of Beginning; thence continue along the south right of way line of Missouri State Rte. K, North 89°31 '25" East, 181.28 feet; thence North 80°26'00" East, 1?6.59 feet; thence North 89°26'2~" East, 296.67 feet; thence along the arc of a curve to the left, having a radius of 11,534.16 feet, a distance of 773.01 feet; thence leaving said south right of way line, Sc>Uth 00°30'44" East, 280.00 feet; thence South 89°29'16" West, 1375.16 feet; thence North 00°33'51" East, 233.37 feet to the Point of Beginning ana containing 8.04 acres more or less. Exhih;+ A ® Adjacent Properties (for tract north of Notre Dame) -with Exhibit A Parcel No. Property Owner Property Address Mailing Address City State Zip Code 1 202000400001000000 Charles E & Patricia J Schabbing Trust 4437 State Hwy K 228 Schabbing Lane Cape Girardeau MO 63701 2 202000400001.010000 Charles E & Patricia J Schabbing Trust Schabbing Lane 228 Schabbing Lane Cape Girardeau MO 63701 3 202010400001000000 William & Carol Schabbing Trust 4704 State Hwy K 4704 State Hwy K Cape Girardeau MO 63701 4 202010400002000000 Parkwood MHP LLC Parkwood Lake St. 1910 Terracina Dr. Sacramento CA 95834 5 202010005020000000 Roman Catholic 'Diocese of Spdngfieid 265 Notre Dame Dr. 601 S Jefferson Ave . Springfield MO 65801 Tract West of Notre Dame Drive That part of United States Private Survey No. 218 and Fractional Section 4, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, more particularly described as: Commence at the southeast corner of United States Private Survey No. 218; thence North 7°11'49" East, with the east line of said U.S.P.S. No. 218, a distance of 953.94 feet to a point on the south right of way line of Missouri State Route K; thence along said south right of way line, South 79°09'59" East, 12.07 feet to the Point of Beginning; thence leaving said south right of way line, South 0°33'50" East, 243.86 feet; thence South 89°31 '25" West, 719.84 feet; thence North 72°26'36" West, 603.67 feet; thence North 17°33'24" East, 250.00 feet to a point on the south right of way line of Missouri State Rte. K, thence along said south right of way line along the arc of a curve being concave to the northeast and having a radius of 2,004.86 feet, a distance of 99.01 feet; thence South 76°04'24" East, 188.90 feet; thence Soutti 73°22'21" East, 246.74 feet; thence South 67°00'32"East, 192.17 feet; thence North 76°50'25" East, 281.12 feet; thence North 89°31'25" East, 197.83 feet; thence South 85°51'24" East, 46.79 feet; thence South 79°09'59" East, 12.07 feet to the Point of Beginning and containing 7.06 acres more or less. Exh,bi+ 13 I ~ ~t:...£;..:...._~~---___:__~ _ _J ; Adjacent Properties (for tract west of Notre Dame Drive) with Exhibit B Parcel No. Property Owner Property Address Mailing Address City State Zip Code 1 202010400001000000 William & Carol Schabbing Trust 4704 State Hwy K 4704 State Hwy K Cape Girardeau MO 63701 2 202010400002000000 Parkwood MHP LLC Parkwood Lake St. 1910 Terracina Dr. Sacramento CA 95834 3 202010402001000000 Villas of West Park LLC Staie HwyK 2985 Boutin Dr. Cape Girardeau MO 63701 4 202010005020000000 Roman Catholic Diocese of Springfield 2.65 Notre Dame Dr. 601 S Jefferson Ave Springfield MO 65801 John Boos 5 158033300012000000 John R Boos & Joseph G Boos Sta1e Hwy K 6051ndependence Cape Girardeau MO 63703 I 6 202010400004000000 Midamerica Hotels Corporatic,n 159 Co. Rd. 206 4072 State Hwy K Cape Girardeau MO 63701 L=99.010, R=2004.860 ~=2.8296 S6T00'32"E, 192.17' S76'04'24"E, 188.90' S1 T33'24"W, 250.00' S1 T33'24"W, 150.52' J S79'09'59"E, 12.07' N89'31 '25"E, 197.83' S73'22'21 "E, 246. 74' N0'33'50"W, 243. I 603•671 S1T33'24"W, 174.16' S85'51 '24"E, 46. 79' N89'31 '25"E, 719.84' SE corner of USPS 21 w ':.:t-"<1-0 I"') 0 (/) I N89'31'25"E, 18. 72' N89'31 '25"E, 181.28' N89'26'20"E, 296.67' D=3.8399 L= 7 73.010, R=11534.160 N80'26'00"E, 126.59' N0'33'51 "W, 233.37' S89'29'16"W, 1375.16' J .,? b ci ID (',I 0 ~ 0 I.() CD 0 N w '<l-o r> 0 (/)