HomeMy WebLinkAboutOrd.4602.07-21-2014BILL NO. 14-104
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SHILOH, LLC, FOR PURPOSES OF ESTABLISHING A
RESIDENTIAL USE ON THE FIRST FLOOR STREET
FRONTAGE AT 915 BROADWAY, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Shiloh, LLC is the owner of certain property on which
it desires to establish a residential use on the first floor street
frontage at 915 Broadway, in the City and County of Cape Girardeau,
Missouri; and
WHEREAS, the proposed location of said residential use is 915
Broadway, Cape Girardeau, Missouri, which property is presently
zoned CBD, Central Business District with the DCC, Downtown
Commercial Corridor Overlay District; and
WHEREAS, a Special Use Permit is required for said use in the
CBD, Central Business District with the DCC, Downtown Commercial
Corridor Overlay 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
establishing a residential use on the first floor street frontage
at 915 Broadway, located on the following described property:
PART OF LOT TWELVE (12) OF SLOAN'S SUBDIVISION OF OUTLOTS
C, D, E, AND 9 IN THE CITY OF CAPE GIRARDEAU, MISSOURI,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12 ON THE
SOUTH LINE OF BROADWAY STREET, AND RUN SOUTH, WITH LOTS
11 AND 12 OF SLOAN'S SUBDIVISION 95.7 FEET, THENCE WEST,
84.5 FEET, THENCE NORTH 106 FEET TO THE SOUTH LINE OF
BROADWAY STREET, AND THENCE EASTWARDLY WITH THE SOUTH
LINE OF BROADWAY STREET, 85 FEET, MORE OR LESS, TO PLACE
OF BEGINNING.
is hereby granted to Shiloh, 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 oower 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. I )
PASSED AND APPROVED THIS r-�\\ DAY OF JAN V , 2014.
rry E. fRediger, Mayor
ATTEST:
VOJ-P
Gay L. Conrad
Cit Clerk
Exhibit A
SPECIAL USE PERMIT
Shiloh, LLC is hereby granted a Special Use Permit for the
purpose of establishing a residential use on the first floor street
frontage, located at 915 Broadway, in the Citv and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time:
PART OF LOT TWELVE (12) OF SLOAN'S SUBDIVISION OF OUTLOTS
C, D, E, AND 9 IN THE CITY OF CAPE GIRARDEAU, MISSOURI,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12 ON THE
SOUTH LINE OF BROADWAY STREET, AND RUN SOUTH, WITH LOTS
11 AND 12 OF SLOAN'S SUBDIVISION 95.7 FEET, THENCE WEST,
89.5 FEET, THENCE NORTH 106 FEET TO THE SOUTH LINE OF
BROADWAY STREET, AND THENCE EASTWARDLY WITH THE SOUTH
LINE OF BROADWAY STREET, 85 FEET, MORE OR LESS, TO PLACE
OF BEGINNING.
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. The special use shall meet all applicable requirements of
the Zoning Ordinance and the Development Code except for
the variances approved as a part of this permit.
2. This permit shall automatically expire twelve (12) months
from the date of issuance if the use for which it was
granted has not commenced.
3. 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.
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IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
2014.
Scott A. Mey
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
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
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.
Shonda Lancaster, Notary Public
My Commission Expires:
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Exhibit B
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this At day of JG%V 2015, the Cape Girardeau City
Council considered the app cl ation for a Special Use Permit dated
filed by Shiloh, LLC, for property located at 915 Broadway,
Cape Girardeau, MO for the purpose of establishing a residential use on the first
floor street frontaqe.
In examining this anplication, the following factors were considered and found as
noted:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
CITE OF .,APE GIRA. "U, MISSOURI
(SEAL)
ATT T:.a yor
City rr.
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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
.,.
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 neiahborhood.
5.
Adversely affect the 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
required public hearing are incorporated herein by reference.
Following consideration of the application, 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
CITE OF .,APE GIRA. "U, MISSOURI
(SEAL)
ATT T:.a yor
City rr.
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