HomeMy WebLinkAboutOrd.5625.03-20-2023 BILL NO. 23-31 ORDINANCE NO. ;5 ',, A,.15-
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
WALMART REAL ESTATE BUSINESS TRUST FOR THE
PUROPOSES OF PLACING, USING, AND MAINTAINING A
SHIPPING CONTAINER AT 3439 WILLIAM STREET, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Walmart Real Estate Business Trust is the owner of
certain property on which it desires to place, use, and maintain a
shipping container for an indefinite period of time at 3439 William
Street in the City and County of Cape Girardeau, Missouri; and
WHEREAS, said property is presently zoned C-2, Highway
Commercial District; and
WHEREAS, a Special Use Permit is required for the long-term
use of a shipping container in the C-2, Highway 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 placing,
using, and maintaining a shipping container for an indefinite
period of time at 3439 William Street, in the City and County of
Cape Girardeau, Missouri, located on the following described
property:
A PART OF LOTS 1 AND 2 OF COMMISSIONERS PLAT OF SUBDIVISION OF
UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY
OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
Commencing at the southwest corner of Lot no. 1 of
Commissioners Plat of Subdivision of U.S.P.S. no. 3090; Thence
N 04°46' 05" E, 2212 . 03 feet along the west line of said Lot
no. 1 to the TRUE POINT OF BEGINNING:
Thence N 86°45' 23" W, 952 . 90 feet; thence N 03°14' 37" E,
979. 43 feet; thence S 86°45' 23" E, 1000 . 00 feet; thence S
1
03°14' 37" W, 287 . 00 feet; thence N 80°31' 47" E, 25 . 00 feet;
thence S 04°02' 18" W, 698 . 00 feet; thence N 86°23' 45" W, 61.81
feet to the point of beginning containing 993, 006 square feet,
(23 . 796 Acres) more or less .
is hereby granted to Walmart Real Estate Business Trust, 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 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 authorized 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 20th DAY OF March , 2023.
, (:::)
Stacy Kin2e , ayor
ATTEST:
4 ruce Tay eputy City Clerk
s'C ►f-1,., II` ,
N4,4,146ali..1
2
Exhibit A
SPECIAL USE PERMIT
Walmart Real Estate Business Trust is hereby granted a Special
Use Permit for the purposes of placing, using, and maintaining a
shipping container at 3439 William Street in the City and County of
Cape Girardeau, Missouri, on the following described property for
an indefinite period of time:
A PART OF LOTS 1 AND 2 OF COMMISSIONERS PLAT OF SUBDIVISION OF
UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY
OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
Commencing at the southwest corner of Lot no. 1 of
Commissioners Plat of Subdivision of U.S.P.S. no. 3090; Thence
N 04 °46' 05" E, 2212 . 03 feet along the west line of said Lot
no. 1 to the TRUE POINT OF BEGINNING:
Thence N 86°45' 23" W, 952 . 90 feet; thence N 03°14' 37" E,
979. 43 feet; thence S 86°45' 23" E, 1000 . 00 feet; thence S
03°14' 37" W, 287 . 00 feet; thence N 80°31' 47" E, 25 . 00 feet;
thence S 04°02' 18" W, 698 . 00 feet; thence N 86°23' 45" W, 61.81
feet to the point of beginning containing 993, 006 square feet,
(23. 796 Acres) more or less .
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 shall
automatically terminate and the City shall have the right to enter
upon the land to abate such special use.
SPECIAL CONDITIONS:
1 . The special use authorized by this permit shall comply with
all applicable laws and regulations .
2 . Major modifications to said special use (including, but not
limited to, the site plan) shall require the approval of the
City Council .
3 . This permit shall automatically expire twelve (12) months from
the date of issuance if the building permit for said special
use has not been issued. If the building permit is issued
within this time frame and later expires due to lack of
progress, then this permit shall automatically expire upon the
expiration of the building permit.
4 . This permit is not transferable without the approval of the
City Council .
5 . The exterior of the shipping container shall be maintained to
prevent peeling paint or other significant wear or damage to
the finish.
IN WITNESS WHEREOF, the City Manager of the n4441f Cape
Gi deau Msouri, affixes his signature this 1/day of
, 2023 .
Dr. Ken/210-_1..,; _....G ity er
ATTEST: //__-4 �I�j�_•,
ft....e..-.3/4 i A IP
.ruce Tay1 r, Deputy City Clerk ; .l 417filz��
�%,',,ta, ' w.l�C?�/ iib_
STATE OF MISSOURI ) _
ss .
COUNTY OF CAPE GIRA IDIEAU )
YAY'
On this day of -0/7/ ;(11)/�
, 2023, 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, issouri, the day
and year first above written. f
, dig(
7 .,.., i
ar►da L.McKinney N o r Public i c
Notary Public-Notary Seal y 1
STATE OF MISSOURI �.
Commissioned for Cape Girardeau
1 °`,,Commission Expires:3/3/2026
m#14588193
133
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 January 12,
2023 filed by Walmart Real Estate Business Trust, for the property located at
3439 William Street, Cape Girardeau, Missouri, for the purposes of placing,
using, and maintaining a shipping container for an indefinite period of time.
In examining this application, the following factors were considered and found as
noted:
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 on the attached Special Use Permit
' CITY OF CAPE GIRARDEAU, OURI
�g
(SEAL) / ' . 1
ATTEST: mimfi'�j) .1Stacy Kinder Ma or
:ruce Taylor, P-p \, 0 ~