HomeMy WebLinkAboutOrd.4070.10-19-2009 BILL NO. 09-160 ORDINANCE NO. 4070
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
MARK RADEMAKER FOR THE PURPOSE OF MAINTAINING
AND OPERATING A TRAVEL TRAILER PARK IN A
MOBILE HOME PARK, AT 3020 BOUTIN DRIVE, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Mark Rademaker is the owner of certain property on
which he desires to maintain and operate a travel trailer park in a
mobile home park, at 3020 Boutin Drive, in the City and County of
Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said maintenance and
operation of a travel trailer park is 3020 Boutin Drive, Cape
Girardeau, MO 63701, which property is presently zoned MH-1,
Manufactured Home (Mobile Home) Park District; and
WHEREAS, a Special Use Permit is required for said use in an
MH-1, Manufactured Home (Mobile Home) Park District; and
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 travel trailer park on the following described
property:
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 13 , TOWNSHIP 31 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE
COUNTY OF CAPE GIRARDEAU, IN THE STATE OF MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
Commencing at the Southwest corner of the Southwest
Quarter of the Southwest Quarter of Section 13 , Township
31 North, Range 13 East of the 5`h Principal Meridian;
thence along the South line of said Section 13 , North
89034100" East, 26 . 00 feet to a point at the intersection
of said line and the East Right of Way line of Missouri
State Route "W" ; thence with said Right of Way line,
North 00056 ' 00" West, 555 . 48 feet to the point of
beginning; thence continuing along said East line, North
00056100" West, 342 . 54 feet; thence North 03048100" West,
100 . 10 feet; thence North 00056100" west, 764 . 50 feet;
thence leaving said East line, South 89035' 46" East,
514 . 85 feet to a point in the center of Perryville Road;
thence with the center of said Road, South 12017' 29"
East, 466 . 77 feet; thence South 07003 ' 00" East, 490 . 00
feet; thence South 16°22' 00" West, 200 . 50 feet to a point
in the center of a creek; thence with said creek, South
56022' 00" West, 112 . 07 feet; thence leaving said creek,
South 89017 ' 55" West, 499 . 91 feet to the point of
beginning, containing 16 . 51 acres more or less, being
subject to any rights of way or easements of record.
is hereby granted to Mark Rademaker 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 /%qA DAY OF "A6er 206Y.
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Knudtson, Mayor
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Cit Jerk rJ
THE DN1O �
3�AL
SPECIAL USE PERMIT
Mark Rademaker is hereby granted a Special Use Permit for the
purpose of maintaining and operating a travel trailer park in a
mobile home park at 3020 Boutin Drive, in the City and County of
Cape Girardeau, Missouri , on the following described property for
an indefinite period of time :
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 13 , TOWNSHIP 31 NORTH,
RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE
COUNTY OF CAPE GIRARDEAU, IN THE STATE OF MISSOURI, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
Commencing at the Southwest corner of the Southwest
Quarter of the Southwest Quarter of Section 13 , Township
31 North, Range 13 East of the 5C° Principal Meridian;
thence along the South line of said Section 13 , North
89034100" East, 26 . 00 feet to a point at the intersection
of said line and the East Right of Way line of Missouri
State Route "W" ; thence with said Right of Way line,
North 00056' 00" West, 555 . 48 feet to the point of
beginning; thence continuing along said East line, North
00056100" West, 342 . 54 feet; thence North 03048100" West,
100 . 10 feet; thence North 00°56' 00" West, 764 . 50 feet;
thence leaving said East line, South 89035146" East,
514 . 85 feet to a point in the center of Perryville Road;
thence with the center of said Road, South 12017 ' 29"
East, 466 . 77 feet; thence South 07003100" East, 490 . 00
feet; thence South 16022100" West, 200 . 50 feet to a point
in the center of a creek; thence with said creek, South
56022' 00" West, 112 . 07 feet; thence leaving said creek,
South 89017155" West, 499 . 91 feet to the point of
beginning, containing 16 . 51 acres more or less, being
subject to any rights of way or 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 of Cape Girardeau shall have
the right to enter upon the land to abate such special use .
EXHIBIT A
SPECIAL CONDITIONS:
1 . This Special Use Permit shall automatically terminate in
twelve (12) months upon the failure to develop the use of
the land for which the Special Use Permit has been
issued.
2 . The Special Use Permit shall meet all applicable zoning
regulations .
3 . Travel trailers and mobile homes must be kept in separate
locations of the park.
4 . The travel trailers in the north of the park must all be
connected to a single water meter.
5 . The Special Use Permit shall meet all applicable
regulations as set out in Section 27-42 of the City
Ordinance on travel trailer camps .
6 . Travel trailers coming into the park can stay for a
maximum of nine (9) months enforceable by the owner.
7 . There shall be landscaping and green area separating the
mobile homes from the travel trailers as indicated by the
applicant .
e . The owner shall provide security for both the travel
trailers and mobile homes in the park.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
20
Scott A. Meyer
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
EXHIBIT A
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of 20 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.
LaDonna Laub, Notary Public
My Commission Expires :
August 4 , 2011
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 19;1�k day of �,�LL ,,,,l the Cape Girardeau City Council
considered the application ori Special Use Permit dated June 9, 2009
filed by Mark Rademaker for the property located 3020 Boutin Drive, Cape
Girardeau, Missouri for the purpose of maintaining and operating a travel
trailer park in a mobile home park.
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.
9 . 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
CI OF CAPE S,IRARDEAU, MISSOURI
(SEAL)
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EXHIBIT B