HomeMy WebLinkAboutP&Z.Agenda.02-08-2023.PacketCITY of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
AGENDA
PLANNING & ZONING COMMISSION
WEDNESDAY, FEBRUARY 8, 2023
Derek Jackson
Nick Martin
Melissa Stickel
Call to Order.
7:00 p.m.
City Hall, 44 North Lorimier Street
Council Chambers
Kevin Greaser, Chairman
Scott Blank, Vice Chairman
Deborah Young, Secretary
Approval of minutes of the January 11, 2023 meeting.
Appearances regarding items not on the agenda.
Chris Martin
Sommer McCauley-Perdue
Sid Whittington
REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS
1. Public hearing on the request of Robert Landgraf, on behalf of the Charles Hunze Trust, to rezone
property located at 2403 South Sprigg Street from M-2 (Heavy Manufacturing/Industrial District) to
AG (Agricultural District).
ACTION TAKEN: __ Recommended Approval __ Recommended Denial
Tabled
2. Public hearing on the request of Crystal Walker, on behalf of Walmart Real Estate Business Trust, for
a special use permit for long term use of a shipping container on property located at 3439 William
Street in the C-2, Highway Commercial District.
ACTION TAKEN: __ Recommended Approval __ Recommended Approval with
Conditions
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 will be held at the City Council meeting on Monday,
March 6, 2023. Rezoning and special use permit requests recommended for denial tonight will
be referred to the City Council at its meeting on Tuesday, February 21, 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 Tuesday, February 21, 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
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. .
PLANNING &. ZONING COMMISSION
PLANNING & ZONING COMMISSION
MEETING MINUTES
January 11, 2023
City Hall -Council Chambers
44 North Lorimier Street
Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Chris Martin, Nick
Martin, Sommer McCauley-Perdue, Sid Whittington, Deborah Young
Commission Members Absent: Melissa Stickel
Staff Present: Lisa Mills, Carol Peters, Trevor Pulley, Ryan Shrimplin
Call to Order
Chairman Greaser called the meeting to order at 7:00 p.m.
Approval of Minutes
The minutes of the December 14, 2022 meeting were unanimously approved upon a motion
made by Mr. Whittington and seconded by Ms. Young.
Mr. Shrimplin introduced Lisa Mills, Finance Director, and Trevor Pulley, Assistant City
Manager/Community Development Director, both recently appointed to their positions.
FY 2023-2028 Capital Improvement Program
Mr. Shrimplin explained that under Missouri law, when a planning commIssIon adopts a
comprehensive plan, the commission's approval is required for any new or modified public
street, facility, or utility. In order to comply with the law, the City staff annually presents the
Capital Improvement Program (CIP) to the Commission for approval prior to adoption by the
City Council.
Ms. Mills gave a presentation on the FY 2023-2028 Capital Improvement Program. Mr. Nick
Martin asked what types of projects are listed as community development projects. Ms. Mills
replied that most of the community development projects are related to transportation
improvements. Mr. Shrimplin stated that a majority of the funding for transportation
improvements comes from the Transportation Trust Fund (TTF).
A motion was made by Mr. Blank and seconded by Mr. Jackson to approve the FY 2023-2028
Capital Improvement Program. The motion passed unanimously.
REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS
1. A public hearing was held on the proposed zoning of property located at 3101 County Road
620 as R-4 (Medium Density Multifamily Residential District) upon annexation. Chris
Koehler, Koehler Engineering and Land Surveying, explained that his client, BK
Investments, LLC, recently purchased the property, which is outside of the city limits. Mr.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 2 of 6
Koehler and one of the BK Investments partners, Bleau Deckerd, met with City staff to
discuss a proposal to develop the property for multifamily dwellings. Based on the proposed
development and the surrounding zoning districts and land uses, staff recommended that
the property be zoned R-4 upon annexation. BK Investments then executed and submitted
an annexation petition and an annexation agreement to the City.
Mr. Nick Martin asked how far away the entrance would be from Misty Hollow Lane and how
that many units could fit on the lot. Mr. Koehler replied that the proposed development will
have 32-40 units and consist mostly of triplexes with stone and/or brick exteriors. The
buildings will be arranged along a T-shaped street connecting to County Road 620. The
entrance will be at least 150 feet away from the Misty Hollow Lane intersection.
Mr. Nick Martin then asked at what point the City looks at developments such as this to
determine what traffic improvements are needed, such as road widening, traffic signals, etc.
Mr. Shrimplin explained that developments located along an existing road or street are
typically not required to provide traffic improvements. The authority having jurisdiction over
the road or street may conduct traffic counts and other studies to evaluate the need for
improvements. County Road 620 is maintained by Cape Special Road District. South of
Boutin Drive, the road becomes State Highway W, which is maintained by MoDOT. Mr.
Koehler stated that this type of development typically does not create large traffic concerns.
Mr. Chris Martin asked why staff is recommending the R-4 zoning district when the
comprehensive plan's future land use map recommends low density residential uses for the
property. Mr. Shrimplin explained that at the time the map was prepared, there were no
known plans for selling or developing the property. It was presumed that the property would
be developed for single-family homes. However, there are several multifamily developments
located along this road, so there is a basis for recommending a multifamily residential
district. He noted that the comprehensive plan is a guide rather than a set of requirements.
Chairman Greaser opened the public hearing.
Paul Behrens, 325 Deer Creek Road, stated that he has lived on Deer Creek Road for over
thirty (30) years. He expressed his concerns about reduced property values, security
issues, and increased traffic from the proposed development. He stated that a nice single-
family home could be built on the property rather than polluting the neighborhood with
multifamily buildings.
Zack Hudson, Misty Hollow Lane, stated that he owns a seven (7) acre tract north of an
adjacent to the subject property. He requested that the property not be zoned R-4 because
it would create safety and traffic issues. He asked the Commission to consider tabling this
item to allow time for the neighbors and the developer to discuss his plans. He stated that if
the item is not tabled, then the Commission should recommend R-3 (High Density Single-
Family Residential District).
Jennifer Gast, 265 Misty Hollow Lane, stated that she and her husband own the property
west of and adjacent to the subject property. She presented a photo of their property. She
stated that Misty Hollow Lane is a very narrow road and she does not want to see any
additional traffic. She requested that the Commission recommend R-1 (Single-Family
Suburban Residential District) or table this item. She stated that her main concern is safety
but also decreased property values.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 3 of 6
David Limbaugh, 490 Deer Creek Road, asked for clarification on the number of proposed
buildings. Mr. Koehler stated there will be 10-12 buildings for a total of 32-40 units. Mr.
Limbaugh asked if the R-3 zoning district would allow this many units. Mr. Shrimplin replied
that R-3 would allow the same number of units, but only in the form of single-family
detached homes, duplexes, and/or townhouses.
Mark Meadors, 370 Deer Creek Road, stated that he always knew the property would be
developed and he doesn't want to shut down the project, but there is a spirit of comradery
among the Deer Creek residents. He stated that he would like the opportunity to discuss the
project in more detail with the developer.
Josh Gast, 265 Misty Hollow Lane, stated that Misty Hollow Lane is a private road and the
property owners along the road share in the cost of its maintenance. He asked how access
to the development would affect the road. Mr. Koehler explained that a portion of Misty
Hollow Lane is on his client's property, but there are no plans to connect the development to
it except for a potential emergency access point. Only one (1) regular access point is
proposed, which is allowed under the City's fire code because all of the units will be
equipped with an automatic fire sprinkler system. The regular access point is located on
County Road 620. Mr. Shrimplin stated that if an emergency access point is required, it can
be gated and the access code provided to the Fire Department.
Mr. Shrimplin reminded the Commission that, 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. While information about the proposed
development may be useful in evaluating the proposed zoning district, the City cannot
require the developer to follow a specific development plan as part of a zoning action unless
it is a planned development or a special use permit.
Mr. Berens stated that the property owners along Deer Creek Road prevented the memory
care facility from establishing access on the private road.
Mr. Chris Martin asked if the development will have any common ground. Mr. Koehler
replied that there will be designated green space and a stormwater detention basin, which
will be maintained by a housing association.
Andrew Walker, 3657 County Road 620, stated that the City Council recently approved
rezoning a property southeast of this property to R-4. He questioned the need for more
multifamily housing and expressed concerns about increased traffic.
Joe Stahly, 286 Misty Hollow Lane, stated that he helped pay for the private road years ago
and asked at what point the developer planned to tell the property owners on Misty Hollow
Lane about his development. Mr. Koehler reiterated that a portion of Misty Hollow Lane is
on his client's property but there are no plans to connect the development to it unless the
City requires an emergency access point.
Bethany Meadors, 370 Deer Creek Road, asked for confirmation that if all of the units are
equipped with an automatic fire sprinkler system, then a second access point is not
required. Mr. Shrimplin stated that is his understanding, based on the language in the fire
code.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 4 of 6
Dr. Kenneth Kelly introduced himself as a partner of BK Investments, LLC. He stated that
he understands the neighbors' apprehension because he has been in similar situations
before. He stated that the development is intended for young professionals or people
nearing retirement -a place where he himself would feel comfortable living.
Mr. Koehler explained that currently, the property is not zoned because Cape Girardeau
County has no zoning or building regulations. Mr. Deckerd and Dr. Kelly could opt to not
move forward with the annexation, in which case they would be able to develop and use the
property any way they want. They purchased the property with the expectation that they
would be able to develop it for triplexes.
Seeing no other appearances to speak, Chairman Greaser closed the public hearing. He
thanked those who spoke during the hearing and expressed their concerns. He stated that
the City does not intend to harm any property owners. He noted that the City has a
legitimate interest in expanding its corporate boundary because it allows the community to
grow. Mr. Nick Martin stated that he would like to allow time for the residents and the
developer to discuss the development and the zoning. He made a motion to table the
zoning recommendation, which was seconded by Ms. Young. The motion passed with a roll
call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, C.
Martin, N. Martin, McCauley-Perdue, Whittington, Young).
SUBDIVISION PLATS
2. The record plat of The Meadows of Whispering Oaks -Third was reviewed by the
Commission. James Randol, Bowen Engineering & Surveying, presented the plat. He
stated that the plat subdivides a lot to create two (2) new lots. A motion was made by Mr.
Whittington and seconded by Ms. Young to recommend approval of the record plat. The
motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye:
Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Whittington, Young).
3. The record plat of Stevenson Subdivision was reviewed by the Commission. Chris Koehler,
Koehler Engineering and Land Surveying, presented the plat. He stated the plat
resubdivides two (2) lots and part of a third lot to create one (1) new lot. A motion was
made by Mr. Jackson and seconded by Mr. Blank to recommend approval of the record plat.
The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye:
Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley-Perdue, Whittington, Young).
OTHER ITEMS AND COMMUNICATION
4. Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and
Personal Cultivation of Marijuana
Mr. Shrimplin presented an amendment to the Zoning Code (Chapter 30 of the City's Code
of Ordinances) regarding marijuana facilities, medical marijuana facilities, and the personal
cultivation of marijuana. He explained that on November 8, 2022, Missouri voters approved
a constitutional amendment legalizing adult use of marijuana for recreational purposes and
establishing requirements for marijuana facilities. Pursuant to the constitutional
amendment, the City must amend its zoning regulations to incorporate marijuana facilities.
The proposed Zoning Code amendment expands the regulations for medical marijuana
facilities to also include marijuana facilities (i.e., facilities licensed or certified for both
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes January 11, 2023
Page 5 of 6
medical and non-medical marijuana). The amendment also provides for personal cultivation
of marijuana as authorized by the state laws and regulations.
Megan Andrews, attorney for Layton and Southard, stated that she represents several
medical marijuana dispensaries in Missouri. She explained that the constitutional
amendment initially allows only existing medical marijuana dispensaries to apply for a
comprehensive marijuana dispensary license.
Mr. Blank asked if the City Council and/or staff had any discussions about setting a different
minimum distance requirement for comprehensive marijuana dispensaries. Mr. Shrimplin
replied that staff discussed whether or not to propose a different requirement. Ultimately,
the decision was made to keep the same requirement of five hundred (500) feet to ensure
that all of the existing medical marijuana dispensaries are eligible for a comprehensive
marijuana dispensary license. Mr. Pulley added that the City Council originally set the
minimum distance at five hundred (500) feet in order to allow dispensaries in the Central
Business District.
A motion was made by Mr. Jackson and seconded by Mr. Nick Martin 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, C. Martin, N. Martin,
McCauley-Perdue, Whittington, Young).
Election of Officers
The Commission held its annual election of officers. A motion was made by Mr. Nick Martin and
seconded by Mr. Blank to elect Mr. Greaser as Chairman, Mr. Blank as Vice Chairman, and Mr.
Chris Martin as Secretary. The motion failed with a vote of 4 in favor and 4 in opposition. A
motion was made by Mr. Blank and seconded by Mr. Jackson to elect Mr. Greaser as
Chairman. The motion passed by a unanimous vote. A motion was made by Mr. Nick Martin
and seconded by Ms. McCauley-Perdue to elect Mr. Blank as Vice Chairman. The motion
passed by a unanimous vote. A motion was made by Mr. Whittington and seconded by Mr.
Jackson to elect Ms. Young as Secretary. The motion passed by a unanimous vote.
Commission Communication
Mr. Chris Martin stated that while he appreciates the nomination for the office of Secretary, he is
glad Ms. Young was elected. He also thanked the engineering firms for addressing all of the
staff review comments on the subdivision plats.
Mr. Whittington stated that a recent news article indicated that the Planning and Zoning
Commission members did not explain why they voted against the 2530 Marsha Kay Drive
rezoning request. He took exception to the article because he had stated during the meeting
that he was voting against the request due to the large number of people who spoke in
opposition to it.
Chairman Greaser stated that staff recommended the R-4 zoning district for 3101 County Road
620 because it is reasonable and in reasonable conformity with the existing uses and value of
the immediately surrounding properties. He encouraged Mr. Deckerd and Dr. Kelly to have
conversations with the residents to help them better understand the development and make
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
January 11, 2023
Page 6 of 6
them feel more at ease. Dr. Kelly stated that he appreciates the Chairman's candor. He stated
that he understands how the residents feel. They don't want their world to change.
Mr. Shrimplin stated that the Zoning Code only requires the City Council's public hearing on a
zoning action to be advertised in the newspaper at least fifteen (15) days in advance of the
hearing. No other public notice is required. However, in order to provide a more thorough
means of notifying the public, staff mails notices to the adjacent property owners and posts a
sign on the property one (1) week in advance of the Planning and Zoning Commission's public
hearing.
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 December 19, 2022:
• Southwest Corner of Lexington Avenue and Big Bend Road Rezoning - 2
nd &
3 rd Readings
• Chapter 30 Amendment Regarding CBD, Central Business District - 2
nd & 3rd
Readings
• Cape West Crossing East-Second Subdivision Record Plat-1st Reading
The City Council approved the following on January 9, 2023:
Adjournment
• Cape West Crossing East -Second Subdivision Record Plat - 2
nd & 3 rd
Readings
• 2530 Marsha Kay Drive Rezoning -Public hearing set for January 23, 2023
• 2854 Cape Lacroix Road Rezoning - 1
st Reading
There being no further business, the Commission voted unanimously to adjourn the meeting at
8:50 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Nick Martin.
Respectfully submitted,
Deborah Young, Secretary
Planning & Zoning Commission
APPLICATION FOR:
ADDRESS OF PROPERTY:
PROPERTY OWNER:
APPLICANT/
REPRESENTATIVE:
CURRENT ZONING:
REQUESTED ZONING:
REZONING
2403 South Sprigg Street
Charles Hunze Trust
Robert Landgraf
M-2 (Heavy Manufacturing/Industrial)
AG (Agricultural)
CITY of CAPE GIRARDEAU
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Shrimplin, City Planner .:::;t...s
MEETING DATE: February 8, 2023
COMMUNITY DEVELOPMENT
SUBJECT: Rezoning Request for Property at 2403 South Sprigg Street
A rezoning application has been submitted for the property at 2403 South Sprigg Street.
The applicant is requesting that the property be rezoned from M-2 (Heavy
Manufacturing/Industrial District) to AG (Agricultural District).
The immediately surrounding properties are zoned M-2 (Heavy Manufacturing/Industrial
District) on all sides. This area is characterized by light industrial, heavy industrial,
commercial, and agricultural uses. The Cape Vision 2040 Comprehensive Plan's
Future Land Use Map shows the subject property as Heavy Industrial.
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 contains a dairy farm and other agricultural facilities, which are a
nonconforming use because the M-2 district does not allow agricultural uses. The
owner wishes to construct a new agricultural building on the property but cannot do so
under the present zoning because the Zoning Code does not allow a nonconforming
use to be expanded. The property is located in an area of the city that is intended to be
developed for heavy manufacturing/industrial uses in the future; this is reflected in the
zoning and the future land use recommendation. However, there are only a few heavy
manufacturing/industrial facilities in this area. A large portion of the M-2 zoned land
remains vacant, and some of it is being used for agricultural purposes. Until such time
as the agricultural uses are discontinued, the AG district is appropriate for the property
and will allow the owner to expand their operations as they see fit. For these reasons,
the proposed rezoning 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 -2403 South Sprigg Street
•
sted rezoning from M-2 (Heavy Manufacturing/
to AG (Agricultural District)
Future Land Use ·
•
2403 •
2405 •
CITYOjCAPE
GIRARDEAU
Created by: Community Development
Carol Peters
January 10, 2023 2524 •
Legend D Property to be Rezoned
[==:] Parcels
Zoning District r-----, M1
L___ J
c=]M2
C7 R2 l'J:i R4 c=J RMH
•
Rezoning Request -2403 South Sprigg Street
Requested rezoning from M-2 (Heavy Manufacturing/Indu
to AG (Agricultural District)
2403 •
2405 •
07 •
CITY Of CAPE
GIRARDEAU
•
Legend D Property to be Rezoned
[:=J Parcels
Future Land Use 1111 Utility 1111 institutional 1111 Medium Density Residential 1111 Parks, Recreation, Open Space
Heavy Industrial
Created by: Community Development
Carol Peters
Low Density Residential
Light Industrial I.ill High Density Residential January 10, 2023
REZONING/ SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU
COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327
Property Address/Location
Applic
Telephone Ema1 .f"73-l(,f./ la_M ive. /CJt
Type of Request
Ql'Rezoning Special Use Permit Both
Existing Zoning District
Choose 811 ite m. f\;{ -2...
(Attach additional owners information, if necessary)
Proposed Special Use (Special Use Permit requests only)
Proposed Zoning District (Rezoning requests only)
Ch-,,ose an itcrr1. A 6-
Legal description of property to be rezoned and/or upon which the special use is to be conducted
That part of the South One Half of the East Half of Outlet No. 62 in U.S. Survey No. 2199, described as follO'vVs: Begin at the
southeast comer of Outlet 62 and run North 82° West 10.79 chains; thence North 8° East 22.31 chains; thence South 80-½°
East 10.75 chains to a stone comer on the line of Outlets 62 and 63; thence South 8° West22.31 chains to the place of
beginning. Also that part of Outlet No. 63 in U.S. Survey No. 2199, described as follows: Begin ata point20 feet North of the south
boundary of Outlet 63 on the west boundary line of the Old Scott County-Cape Girardeau Macadamized Road and run North
18-½0 East7.50 chains; thence North 27-½0 East 13.66 chains to a comer on the west side of said road thence North 80-½0
West31.38 chains to a comer; thence South 7-3/4° v\est21.50 chains to a comer20 feet North of the south boundary of
Outlet No. 63; thence South 83° East 25.19 chains parallel with the south boundary line of Outlet 63 to the place of beginning.
---Describe the proposed use of the property.
Application continues on next page
OFFICE USE ONLY
ant
Date Received & By 6Jjo4,/23 File# \461 MUNIS Application# { 81 ,?'
Credit Card Cash
MUNIS Permit# ____ _
Application Fee Received $ ___ _ Check# ___ _
Planning & Zoning Commission Recommendation _____ Date ____ _ City Council Final Action ____ Date ___ _
Revised 07 /01/22
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.
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.
ADDITIONAL ITEMS
REQUIRED
In addition to this completed application form, the following items must be submitted:
See Instructions for more
information.
CERTIFICATIONS
X Base Application fee -$135.00 payable to City of Cape Girardeau
_ Planned Development rezoning only -Additional $80 payable to City of Cape Girardeau
..15_ List of adjacent property owners (see Instructions for requirements)
_K One (1) set of mailing envelopes, stamped and addressed to adjacent property owners OR
$2.60 per adjacent property owner, if stamped envelopes are not submitted
_ One (1) full size copy of a plat or survey of the property, if available
_ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be
removed, existing features to remain, and all proposed features such as: buildings and
structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences,
retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc.
(Planned Development rezonings and Special Use Permits only)
One (1) set of Planned Development documents (Planned Development rezonings only)
The undersigned hereby certifies that:
1) They are the Property Owner(s) of Record for the property described in this application;
2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was
granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and
3) They acknowledge that they are responsible for ensuring that all required licenses and permits 'are obtained prior to
commencing any use or work on the property.
P perty Owner of Recor ure and Printed Name Date
(Provide additional owners signatures and printed names in the space below, if applicable} CJ-v,,.,../-e$ L H{,(,112.~ J;... TT~£
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.
Applicant Signature and ri Date 12 /) b e.,,-,f t IJJ. 1 r .4 f ;:r~
Revised 07/01/22
2403 SOUTH SPRIGG STREET -ADJACENT PROPERTY OWNERS
PROPERTY ADDRESS PROPERTY OWNER MAILING ADDRESS CITY ST ZIP
LONE STAR INDUSTRIES INC C/0
2701 SOUTH SPRIGG STREET BUZZI UNICEM USA INC 100 BRODHEAD RD SUITE 230 BETHLEHEM PA 18017
1389 SOUTHERN EXPRESSWAY SOUTHERN CAPE REALTY LLC 243 WOLFNER DR FENTON MO 63026-2801
1329 SOUTHERN EXPRESSWAY EARL NORMAN TRUST 276 S MT AUBURN RD CAPE GIRARDEAU MO 63703-4918
2424 SOUTH SPRIGG STREET SOUTHEAST MISSOURI STONE CO PO BOX 838 CAPE GIRARDEAU MO 63702
Planning & Zoning Commission
APPLICATION FOR:
ADDRESS OF PROPERTY:
APPLICANT:
PROPERTY OWNER:
REPRESENTATIVE:
REQUESTED SPECIAL USE:
Special Use Permit
3439 William Street
Crystal Walker
Benchmark Group
Walmart Real Estate Business Trust
Eduardo Maiz
Long term use of shipping container
CITY of CAPE GIRARDEAU
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Shrimplin, City Planner tJl.-$
MEETING DATE: February 8, 2023
COMMUNITY DEVELOPMENT
SUBJECT: Special Use Permit Request for Property at 3439 William Street
A special use permit application has been submitted for the property at 3439 William
Street, zoned C-2 (Highway Commercial). The property contains a big-box store
(Walmart Supercenter). Walmart is proposing to place a shipping container behind the
store and use it as a facility maintenance parts warehouse. A special use permit is
required for the long-term (defined as more than 12 consecutive months) use of a
shipping container in the C-2 district. Refer to the application for more information
about the proposed 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 shipping container will be used as a parts warehouse for facility
maintenance. It will not be accessible to the public. The only traffic will be
delivery trucks, which will not create a traffic hazard.
Criterion #2: The proposed special use will not substantially increase fire hazards.
Finding: The shipping container will have electric service to provide lighting and
tool charging. An electrical permit will be required. This will ensure the electrical
system does not create a fire hazard.
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 shipping container will be placed behind the store and will not be
visible to the public. The adjacent property to the west is undeveloped.
Criterion #4: The proposed special use will not adversely affect the general welfare of
the community.
Finding: The shipping container will not be visible to the public and will not
create any adverse effects.
Criterion #5: The proposed special use will not overtax public utilities.
Finding: The only utility required is electric. The electric demand will be low.
Based on the above findings, staff recommends approval of the special use permit
request, subject to the following 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.
44 North Lorimier Street Cape Girardeau, MO 63701 (573) 339-6327 cityofcape.org
3439 William Street
Special Use Permit Request
Special Use Permit Requested for long term use of a shipping container in the
C-2 (Highway Commercial) Zoning District
Future Land Use Recommendation: Regional Commercial
/4/4 ) CITYOjCAPE
. ' GIRARDEAU
Created by: Community Development
Carol Peters
January 18, 2023
D 3439 William Street
Parcels D Cape City Limits
Zoning District
C2
3439 William Street
Special Use Permit Request
Special Use Permit Requested for long term use of a shipping container in the
C-2 (Highway Commercial) Zoning District
Future Land Use Recommendation: Regional Commercial
CITYOj CAPE
GIRARDEAU
Created by : Community Development
Carol Peters
January 18 , 2023
D 3439 William Street
Parcels CJ Cape City Limits
Future Land Use CJ Suburban Mixed Use CJ Regiona l Commercial
··--~
REZONING/ SPECIAL USE PERMIT APPLICATION
I : '. : CITY of CAPE GIRARDEAU
'-,~·--~~-··'_.., COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU , MO 63701 (573) 339-6327
Property Address/Location
3439 William Street
Applicant
Crystal Walker
Mailing Address
1805 N 2nd Street
Telephone
479 .619.3841
Contact Person
Crystal Walker
Type of Request .
I City, State, Zip
Rogers, AR 72756
I Email
crw@teamofchoice.com
Rezoning iZf Special Use Permit Both
Existing Zoning District
Property Owner of Record Same as Applicant
Walmart Real Estate Business Trust
Mailing Address I City, State, Zip
2608 SE J Street Bentonville AR 72716
Telephone I Email
4 79.258 .6377 Eduardo .Maiz@walmart .com
(Attach additional owners information, if necessary)
Proposed Special Use (Special Use Permit requests only)
Install new electircal connex
Proposed Zoning District (Rezoning requests only)
C-2 , Highway Commercial District Choose a Zoning District
Legal description of property to be rezoned and/or upon which the special use is to be conducted
PT Lot 5 Cape West 2nd Subdivison
Describe the proposed use of the property.
Walmart Store -Install new parts warehouse for facility maintenance storage.
This will consist of (1) 8'x40' storage container that will house parts for facility maintenance. Electrical
will be provided to storage building via adjacent Walmart store. Electrical is provided for general
lighting and tool charging applications. It is primarily a storage container and will be accessed by
facility maintenance to retrieve parts as needed.
Application continues on next page
OFFICE USE ONLY
Date Received & By O / -/~ -ct>,.:S File# MUNISAppl ic ation# \2?4G"l_. MUNISPermit# ____ _
Application Fee Received $ ___ _ ___ _ Credit Card Cash
Planning & Zoning Commission Recommendation ____ Date ___ _ City Council Final Action ____ Date ___ _
Revised 07 /01/22
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.
Correct. It is primarily a storage container and will be accessed by facility maintenance to retrieve parts as needed.
2) The proposed special use will not substantially increase fire hazards.
Correct. It is a self-contained storage building· constructed of metal components.
3} The proposed special use will not adversely affect the character of the neighborhood.
Correct. It will be located at the rear of the building, away from the main thoroughfare.
4) The proposed special use will not adversely affect the general welfare of the community.
Correct. It is a self-contained storage building, separate from the main store.
5) The proposed special use will not overtax public utilities.
Correct. Electrical is provided for general lighting and tool charging applications only.
In addition to this completed application form, the following items must be submitted: £ Base Application fee -$135.00 payable to City of Cape Girardeau ADDITIONAL ITEMS
REQUIRED £ Planned Development rezoning only -Additional $80 payable to City of Cape Girardeau £ List of adjacent property owners (see Instructions for requirements) See Instructions for more
information.
CERTIFICATIONS
£ One (1) set of mailing envelopes, stamped and addressed to adjacent property owners OR
$2.60 per adjacent property owner, if stamped envelopes are not submitted
_ One (1) full size copy of a plat or survey 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, 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. Eduardo Ma .12 · ;;oigitallysignedbyEduardoMaiz 11/15/2022 / 'Date: 2022.11.15 13:42:06 -06'00'
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 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.
i Digitally signed by Crystal Walker Crysta I Wa Iker), DN: cn=C,ystal Walker, o, oe,
. '/ ~-em!=lil=crw@teamofcholce.com, c=US
;__~-" Date: 2022.10.26 06:01 :58 -05'00' 11/16/2022
Applicant Signature and Printed Name Date
Revised 07 /01/22
STORAGE
CON NER
WALMART
#0188
ISSUE BLOCK
DRA\\l'J BY, CTO
DOCUMENT DA TE, 11 /17 /22
SITE PLAN
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40' STANDARD CONTAINER
OUTSIDE DIMENSIONS:
Length: 40' (40.00')
Width: 8' (8.00')
Height: 8' 6" (8.50')
WEIGHT:
Gross weight: 67,196.95 lbs
Load'mg: 59,028.82 lbs
Tare: 8,168.13 lbs
VOLUME:
Total: 1,172.55 tubic feet
® ~ERSPECTIVE
(-'\ {3'\ (~, 2' '1 ',' '1'
' ' I I I I
=
CD REAR ELEVATION
1• = 20·-o•
119'-B" OM
INSIDE DIMENSIONS:
Length: 39' 5" (39.40')
Width: 7' s• (7.66')
Height: 7' 10· (7.851
ENDDOOR;
Width: 7' 8" (7.66')
Height 7' 5• (7.40')
Side door: No
Rooftop:No
(;'\ ,,' (5\ 'r' ' I I I
r·:---.. rs" 7' '1 '1'
I I I 19'-8"
TOM I
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I I I I I I I I I I I I I I
STORAGE CONTAINER PAINT PER Cln' REQUIREMENTS
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ISSUE BLOCK
DRAl\l'l BY: CTO
DOCUMENT DATE: 11/17 /22
fit~1!.osl-\-~-lllth-....
1>m ut~<Wl'<-l'ffllS'Slol.\1
JAN 11 2023
ELEVATION & PERSPECTIVE
I SHEET:AS2
Adjacent Property Owner List for Walmart Store #188 Cape Girardeau, MO
Property Owner Name Property Address Attn: Mailing Address City State Zip
Drury Land Development State Hwy K. Cape Girardeau, MO 13075 Manchester Rd. STE 200 St. Louis MO 63131
AB Commercial Properties 3465 William St. 1550 Greenbrier St. Cape Girardeau MO 63701
Being US Holdco Inc 3451 William St. 440 S. Church St. STE 700 Charlotte NC 28202
DSW Development Corp. 3437 William St. 101 S. Farrar Dr. Cape Girardeau MO 63701
Bank of Missouri 3427 William St. 3427 William St. Cape Girardeau MO 63701
DSW Development Corp. 3419 William St. Davis Jerry 429 N. Broadview St. Cape Girardeau MO 63701
DSW Development Corp. 3415 William St. 101 S. Farrar Dr. Cape Girardeau MO 63701
Drury Land Development 127 Siemers Dr 13075 Manchester Rd. STE 200 St. Louis MO 63131
Wehrenberg Inc 247 Siemers Dr Marcus Theatres Corp. 100 E. Wisconsin Ave. STE 1900 Milwaukee WI 53202
Sams Real Estate Business Trust 232 Shirley Dr. Prop. Tax Dept. WM 0555 18-6479 PO Box 8050 MS 0555 Bentonvllle AR 72716
Drury Land Development O Siemers Drive 13075 Manchester Rd. STE 200 St. Louis MO 63131