HomeMy WebLinkAboutOrd.5594.11-07-2022BILL NO. 22-158
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SEMO CORNER LLC FOR PURPOSES OF CONSTRUCTING,
MAINTAINING, AND OPERATING A COMBINED
CONVENIENCE STORE AT 2090 NORTH SPRIGG STREET,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, SEMO Corner LLC is the owner of certain property on
which it desires to construct, maintain, and operate a combined
convenience store with fast food and a vehicle fueling station at
2090 North Sprigg Street, in the City and County of Cape Girardeau,
Missouri; and
WHEREAS, the proposed location of said store is 2090 North
Sprigg Street, Cape Girardeau, Missouri, which property is
presently zoned NC, Neighborhood Commercial District; and
WHEREAS, a Special Use Permit is required for said use in the
NC, Neighborhood Commercial District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council, having duly considered the
application, finds that the granting of the Special Use Permit will
not substantially increase traffic hazards, congestion, or fire
hazards, nor will it adversely affect the general character of the
neighborhood or the general welfare of the community, nor will it
overtax public utilities or be in conflict with the comprehensive
plan.
ARTICLE 2. A Special Use Permit for the purposes of
constructing, maintaining, and operating a combined convenience
store with fast food and a vehicle fueling station at 2090 North
Sprigg Street, in the City and County of Cape Girardeau, Missouri,
located on the following described property:
Legal Description - 2090 North Sprigg Street
All of Lot Two (2) of Crowe Subdivision, a subdivision in the
City and County of Cape Girardeau, State of Missouri, as shown
by plat recorded in Document Number 2018-12852 in the land
records of Cape Girardeau County, Missouri.
is hereby granted to SEMO Corner LLC to be effective ten (10) days
after the date of passage and approval of this ordinance. The
special use shall comply with all regulations set forth in the
Zoning Code for the district in which the use is located except
1
those which have been specifically excepted under this permit, and
all other applicable ordinances of the City of Cape Girardeau,
Missouri, and any special conditions contained in the Special Use
Permit, a copy of which is attached hereto as Exhibit A and
incorporated herein by reference. The City Manager is hereby given
the power to execute the Special Use Permit for and on behalf of
the City of Cape Girardeau, Missouri.
ARTICLE 3. Attached hereto as Exhibit B is the formal
Findings and Conclusions of the City Council.
ARTICLE 4. This ordinance shall be in full force and effect
ten (10) days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2022.
Stacy King
kr,,/MaVor
ATTEST:
2
ruce Tay Deputy City Clerk
0
Exhibit B
(IF APPROVED)
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of , 20 , the Cape Girardeau City
Council considered the application for a Special Use Permit received August 10,
2022 filed by SEMO Corner LLC, for the property located at 2090 North Sprigg
Street, Cape Girardeau, Missouri, for the purposes of constructing, maintaining,
and operating a combined convenience store with fast food and a vehicle fueling
station.
In examining this application, the following factors were considered and found as
noted:
The comments, testimony, evidence, exhibits, and all other matters presented at
the required public hearing are incorporated herein by reference.
Following consideration of the application, the requirements of Section 30-104
and other relevant provisions of the City Code, testimony, exhibits and file
contents, the City Council duly deliberated the facts pertaining to the proposal
and issued the following conclusion:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified in the attached Special Use Permit
(SEAL)
ATTEST:
CITY OF CAPE GIRARD AU, nURI
Stacy Kinde Y, M yor
Yes
No N/A
City Council Findings:
The Proposed Special Use, with
the stated conditions, would:
1.
Substantially increase traffic hazards
or congestion
X
2.
Substantially increase fire hazards
_
X
3.
Adversely affect .the character of the
neighborhood;
_
X
or in respect to special use permits
for dwelling
_
purposes where required, be adversely
affected by
the character of the neighborhood
4.
Adversely affect the general welfare of
the community
X
5.
Overtax public utilities
_
X
The comments, testimony, evidence, exhibits, and all other matters presented at
the required public hearing are incorporated herein by reference.
Following consideration of the application, the requirements of Section 30-104
and other relevant provisions of the City Code, testimony, exhibits and file
contents, the City Council duly deliberated the facts pertaining to the proposal
and issued the following conclusion:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified in the attached Special Use Permit
(SEAL)
ATTEST:
CITY OF CAPE GIRARD AU, nURI
Stacy Kinde Y, M yor
"'ritle of Document: Special Use Permit
Date of Document: November 8, 2022
Grantor(s) Name & Address: C�ty of Cape Girardeau
44 North Loirimier Street
Cape Girardeau, MO 63701
Grantee(s) Narne & Address- S Corner, LLC
5646 to Street, Suite 735
Dallas, TX 75206-3935
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WRECOM ED ON
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SEMO Corner LLC is hereby granted a Special Use Permit for the
purposes of constructing, maintaining, and operating a combined
convenience store with fast food and a vehicle fueling station at
2090 North Sprigg Street in the City and County of Cape Girardeau,
Missouri, on the following described property for an indefinite
period of time:
Legal Description - 2090 North Sprigg Street
All of Lot Two (2) of Crowe Subdivision, a subdivision in the
City and County of Cape Girardeau, State of Missouri, as shown
by plat recorded in Document Number 201812852 in the land
records of Cape Girardeau County, Missouri.
This Special Use Permit is granted upon the condition that the
grantee be bound by all City ordinances which pertain to the
Special Use Permit and that the grantee be bound by the following
special conditions which are imposed as a condition of issuance of
this Special Use Permit. Upon the failure of the grantee to comply
with these special conditions, the Special Use Permit will
automatically terminate and the City shall have the right to enter
upon the land to abate such special use.
,D Dp go 0 go) Z RE
I.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. All structures shall be subject to design approval by the City
staff to ensure they are constructed using materials,
surfaces, textures, and colors that are compatible with the
surrounding development: in a (.--, c o r d. a n. c e wi th t- T. -i e
Neighborhood Commercial Disti.ict reg�..ila. L ions.
6. No individual retail store, personal service establishment or
other' permitted use shall have a gross floor area, greater- than
five thousand (5,0(:0) square feet in accordance with the NC,
Neighborhood. Commercial Distr'.ict regu-'Lations.
'7. An exception from Section 25-1 of the Development Code is
hereby granted as part of this permit to allow the
southernmost driveway to exceed the maximum driveway width of
thirty (30) feet as shown on the site plan.
8. An exception from Section 25-248(2)(a) of the Development Code
is hereby granted as part of this permit to allow the
southernmost driveway to have a throat length less than the
minimum driveway throat length of one hundred (100) feet as
shown on the site plan.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Glrardeau, Missouri, affixes Me signature tltds
day of
2022.
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
City Manager
On this day of Kc2022, before me
appeared Dr. Kenneth. Haskin, to me personally known, who, being by
me duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that said instrument was signed and
sealed on behalf of said City by authority of its City Council, and
acknowledged said instrument to be the free act and deed of said
City.
-[14 '11ESTIM0NY WHEJPE0F', 1 1-.i.ave he-reu.n.t.o set. myrind. af-fixecl
iT).y offi.cia.-L seal., my office in C�ajDe C..i.r.'ardea.u., Kissm,ir-i., tl-)e (day
amd year first above written,
My Corrunission Expi.res:
NoEary PL�EIic
CAROL A. FE=TERg---'-'
-
NOIARY PUBLIC - NOTARY SEAL
STATE OF MISSOURI
MY COMMISSION EXPIRES NOVEMBER 19, 42 ]4T
024
CAPE GIRARDEAU COUNTY
_----,.�C_0MMIS,SI0N #12684121
34121