HomeMy WebLinkAboutOrd.4575.05-19-2014BILL NO. 14-34 ORDINANCE NO. `{5� 5
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CZL INVESTMENTS, LLC, FOR PURPOSES OF
CONSTRUCTING AND OPERATING SELF -STORAGE UNITS
AT 1354 NORTH MOUNT AUBURN ROAD, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, CZL Investments, LLC is the owner of certain property
on which it desires to construct and operate self -storage units at
1354 North Mount Auburn Road, in the City and County of Cape
Girardeau, Missouri; and
WHEREAS, the proposed location of said self -storage units is
1354 North Mount Auburn Road, Cape Girardeau, Missouri, which
property is presently zoned C-1, General Commercial District; and
WHEREAS, a Special Use Permit is required for said use in the
C-1, General 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, fire
hazards or 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 purpose of
constructing and operating self -storage units, located on the
following described property:
All of that part of the Southwest Quarter of Fractional
Section 26, and that part of Outlet 78A of United States
Private Survey No. 2199, all in Township 31 North, Range
13 East of the Fifth Principal Meridian in the City and
County of Cape Girardeau, State of Missouri, described as
follows:
Commence at the Southeast Corner of the of the Southwest
Quarter of said Fractional Section '26; thence North
25"37'17" East, 1237.75 feet, to a point on the East
Right of Way line of Mount Auburn Road, said point being
the Point of Beginning; thence with said East Right of
Way line North 05"14'14" East 244,48 feet; thence along
the arc of a curve to the left having a radius of 1181.00
feet and a distance of 185.52 feet; thence leaving said
Right of Way North 87"27129" East, 60.65 feet; thence
South 38"49'07" East, 333.98 feet; thence South 40"16'07"
East, 202.22 feet; thence South 87"43'05" West, 425.69
feet to the Point of Beginning and containing 2.317
acres, more or less, subject to any easements of record.
is hereby granted to CZL Investments, LLC, to be effective ten (10)
days after the date of passage and approval of this ordinance. The
special use must 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 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" and incorporated
herein by reference is the formal Findings and Conclusions of the
City Council.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
.. PASSED AND APPROVED THIS
DAY OF , 2014.
arry E. Re i r, Mayor
SPECIAL USE PERMIT
CZL Investments, LLC is hereby granted a Special Use Permit
for the purpose of constructing and operating self -storage units,
located at 1354 North Mount Auburn Road, in the City and County of
Cape Girardeau, Missouri, on the following described property for
an indefinite period of time:
All of that part of the Southwest Quarter of Fractional
Section 26, and that part of Outlet 78A of United States
Private Survey No. 2199, all in Township 31 North, Range
13 East of the Fifth Principal Meridian in the City and
County of Cape Girardeau, State of Missouri, described as
follows:
Commence at the Southeast Corner of the of the Southwest
Quarter of said Fractional Section 26; thence North
25"37'17" East, 1237.75 feet, to a point on the East
Right of Way line of Mount Auburn Road, said point being
the Point of Beginning; thence with said East Right of
Way line North 05"14'14" East 244,48 feet; thence along
the arc of a curve to the left having a radius of 1181.00
feet and a distance of 185.52 feet; thence leaving said
Right of Way North 87"27'29" East, 60.65 feet; thence
South 38"49'07" East, 333.98 feet; thence South 40"16'07"
East, 202.22 feet; thence South 87"43'05" West, 425.69
feet to the Point of Beginning and containing 2.317
acres, more or less, subject to any easements of record.
This Special Use Permit is granted upon the condition that the
Applicant be bound by all City ordinances which pertain to the
Special Use Permit and that the Applicant be bound by the following
conditions which are imposed as a condition of issuance of this
Special Use Permit. Upon the failure of the Applicant 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.
SPECIAL CONDITIONS:
1. Except for the variances granted as part of this permit,
the special use shall meet all applicable requirements of
the Zoning Ordinance and the Development Code.
2. The final design of the buildings shall be in substantial
conformity to the specifications that were submitted and
made a part of the application for this permit.
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3. The dumpster shall be fully screened on all sides by a
solid fence or wall with solid gates. The final design of
the dumpster screening shall be subject to approval by
the City staff.
4. The plantings in the general maintenance and drainage
easement shall be subject to approval by the City staff.
5. The final design of the exterior lights shall be subject
to approval by the City staff.
6. The final design of the new driveway and entrance drive
shall be subject to approval by the City staff.
7. This permit shall automatically expire twelve (12) months
from the date of issuance if the use for which it was
granted has not commenced.
8. Major modifications to the special use shall require the
approval of the City Council.
9. This permit is not transferable without the consent of
the City Council.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
2014.
Scott A. Meyer
City Manager
ATTEST:
Gayle L. Conrad, City Cler
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEA.0 )
On this day of 2014, before me appeared
Scott A. Meyer, 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 the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
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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, Missouri, the day
and year first above written.
My Commission Expires:
Shonda Lancaster, Notary Public
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Exhibit A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
/(,j j�/'� ������
FINDINGS AND CONCLUSIONS
Now on this 1 1h day of 2014, the Cape Girardeau City
Council considered the applica 'on for a Special Use Permit daCed
Ne. ii ayi3 filed by Cil, Investments, LLC, for property located at 1354
North Mount Auburn Road, Cape Girardeau, MO for the purpose of constructing and
operatinq self -storage units.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
City Council Findings:
The Proposed Special Use Permit, 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 Lhe general welfare of the community X
5. Overtax public utilities. X
6. Be in conflict with the comprehensive city plan X
The comments, testimony, evidence, exhibits, and all other matters presented at
the requi.red public hearing are incorporated herein by reference.
Following consideration of the appii.cati.on, the requirements of Section 30-401
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 attached Special Use Permit
CITY 0 CAPE GIRA$j U, MISSOURI
(SEAL)
ATTEST: fir. i
City Cd irk
9
Exhibit B