HomeMy WebLinkAboutOrd.4308.04-16-2012 BILL NO. 12-34 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
H & S INVESTMENTS, LLC, FOR PURPOSES OF
MAINTAINING AND OPERATING A CONVENIENCE STORE
WITH GASOLINE PUMPS AT THE NORTHWEST CORNER OF
LEXINGTON AVENUE AND PERRYVILLE ROAD, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, H & S Investments, LLC, is the owner of certain
property on which it desires to maintain and operate a convenience
store with gasoline pumps at the northwest corner of Lexington
Avenue and Perryville Road, in the City and County of Cape
Girardeau, Missouri; and
WHEREAS, the proposed location of said convenience store with
gasoline pumps is the northwest corner of Lexington Avenue and
Perryville Road, Cape Girardeau, MO 63701, which property is
presently zoned NC, Neighborhood Commercial district; and
WHEREAS, a Special Use Permit is required for said use in an
NC zone;
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 purposes of maintaining
and operating a convenience store with gasoline .pumps on the
following described property:
All of Lot Two (2) of WINKS-NUNN SUBDIVISION, in the City
of Cape Girardeau, Missouri, as shown by the plat
recorded in Plat Book 20 at Page 52, land records of Cape
Girardeau County, Missouri .
is hereby granted to H & S 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 JIY DAY OF r 2012 .
06/
y E ed ger, Mayor
ATTEST: XP
Gayle Conrad, City Clerk
Sig
CORRECTED
SPECIAL USE PERMIT
H & S Investments, LLC, is hereby granted a Special Use Permit
for the purpose of maintaining and operating a convenience store
with gasoline pumps at the northwest corner of Lexington Avenue and
Perryville Road, located in the City and County of Cape Girardeau,
Missouri, on the following described property for an indefinite
period of time :
All of Lot Two (2) of WINKS-NUNN SUBDIVISION, in the City
of Cape Girardeau, Missouri, as shown by the plat
recorded in Plat Book 20 at Page 52, land records of Cape
Girardeau County, Missouri .
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 of Cape Girardeau 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 .
2 . Expansion of the special use shall require the approval of
the City Council .
3 . This Special Use Permit shall automatically terminate
twelve (12) months from the date of issuance if the use for
which it was granted has not commenced.
4 . The Special Use Permit shall not be transferrable without
the consent of the City Council .
5 . The hours of operation shall be limited to 6 : 00 a.m. to
10 : 00 P.M.
IN WITNESS WHEREOF, the City Manager of the ity of Cape
Gira deau, Missouri, affixes his signature this day of
YY 2012 .
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r-1g'aRIID�,�9
Scott A. Meye
��' City Mari ge
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Gayle Conrad
City C erk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE//``GIIRARDEAU )
On this 77`(// day of 2012 , before me appeared
Scott A. Meyer, to me personal 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.
S onda Voelker, Notary Public
My Commission Expires :
February 23 , 2 016 `\`��Illullllll111;��
o�N,1SS10,y
NOTARY SEAL
ST
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SPECIAL USE PERMIT
H & S Investments, LLC, is hereby granted a Special Use Permit
for the purpose of maintaining and operating a convenience store
with gasoline pumps at the northwest corner of Lexington Avenue and
Perryville Road, located in the City and County of Cape Girardeau,
Missouri, on the following described property for an indefinite
period of time :
All of Lot Two (2) of WINKS-NUNN SUBDIVISION, in the City
of Cape Girardeau, Missouri, as shown by the plat
recorded in Plat Book 20 at Page 52, land records of Cape
Girardeau County, Missouri .
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 of Cape Girardeau 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 .
2 . Expansion of the special use shall require the approval of
the City Council .
3 . This Special Use Permit shall automatically terminate
twelve (12) months from the date of issuance if the use for
which it was granted has not commenced.
4 . The Special Use Permit shall not be transferrable without
the consent of the City Council .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his :si;gnat -e this day of
2012 . ;.
i
k-Sc tte' 9 Me -e_r
City Manag r
AMD
ATTEST:
Gayle L. Conrad �� ��y, �� •l `$
City Clerk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of P-4 2012 , before me appeared
Scott A. Meyer, to me perso ally 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.
Shon a Voelker, Notary Public
My Commission Expires :
February 23 , 2016 ,\0���,pAVOE,�������i,
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�` \SSION
�•vo��ary
NOTARY SEAL
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CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this _ day of
Ada , the Cape Girardeau City Council
considered the application or Special Use Permit dated February 22, 2012
filed by H & S Investments, LLC, for the property located at the northwest
corner of Lexington Avenue and Per ille Road, Cape Girardeau, Missouri
for the purpose of maintaining and operating a convenience store with gasoline
pumps.
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: X
1. Substantially increase traffic hazards or congestion X
2 . Substantially increase fire hazards X
3 . Adversely affect the character of the neighborhood;
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
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 30-39 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 4E. Re(11geq-r**"`Mayor
E GIRAR A , MISSOURI
(SEAL)
ATTEST:
Ga e Conrad, ity Clerk
EXHIBT