HomeMy WebLinkAboutOrd.3963.09-15-2008 BILL NO. 08-145 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
BOYCE CHURCH FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING MINI-WAREHOUSING, AT
1902 NORTH KINGSHIGHWAY, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Boyce Church is the owner of certain property on
which he desires to construct, maintain and operate mini-
warehousing, at 1902 North Kingshighway, in the City and County of
Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said mini-warehousing is
1902 North Kingshighway, Cape Girardeau, MO 63701, which property
is presently zoned C-2, General Commercial District; and
WHEREAS, a Special Use Permit is required for said use in a C-
2, General Commercial 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 constructing,
maintaining and operating mini-warehousing on the following
described property:
All of Lots Numbered Five (5) and Six (6) of Golden Eagle
Subdivision in the City of Cape Girardeau, Missouri as
shown by Plat recorded in Plat Book 19 at Page 94 , land
records of Cape Girardeau County, Missouri .
Lot One (1) of Cape Northwest 1, a subdivision in the
City and County of Cape Girardeau, as shown by plat
recorded in Plat Book 24 at Page 27 .
All of Lot Seven (7) of Golden Eagle Subdivision in the
City of Cape Girardeau, Missouri as shown by Plat
recorded in Plat Book 19 at page 94, land records of Cape
Girardeau County, Missouri .
is hereby granted to Boyce Church 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 /- Zk DAY OF ) 206S -.
Jay Knudtson, Mayor
ATTEST:
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Gayl . Conrad
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SPECIAL USE PERMIT
Boyce Church is hereby granted a Special Use Permit for the
purpose of constructing, maintaining and operating mini-warehousing
at 1902 North Kingshighway, in the City and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time :
All of Lots Numbered Five (5) and Six (6) of Golden Eagle
Subdivision in the City of Cape Girardeau, Missouri as
shown by Plat recorded in Plat Book 19 at Page 94 , land
records of Cape Girardeau County, Missouri .
Lot One (1) of Cape Northwest 1, a subdivision in the
City and County of Cape Girardeau, as shown by plat
recorded in Plat Book 24 at Page 27 .
All of Lot Seven (7) of Golden Eagle Subdivision in the
City of Cape Girardeau, Missouri as shown by Plat
recorded in Plat Book 19 at page 94, 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 . 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 . This Special Use Permit shall meet all applicable zoning
regulations .
3 . This property shall be developed in substantial
conformance with the site plan approved as part of this
Special Use Permit.
4 . Permanent screening consisting of a masonry wall, wood
fence, seeded berm, landscaping material or combination
thereof, at least six feet in height, shall be installed
EXHIBIT A
along the lot line between the proposed parking lot and
the residentially zoned lots to the north.
5 . This Special Use Permit is not transferrable without
consent of the City Council .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
20
Douglas K. Leslie
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOI )
ss .
COUNTY OF CAPE GIRARDEAU )
on this day of 20 before me
appeared Douglas K. Leslie, 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 u day of c)OD V , the Cape Girardeau City Council
considered the application or Special Use Permit dated July 30, 2008
filed by Boyce Church for the property located 1902 North Kingshighway for the
purpose of constructing, maintaining and operating mini-warehousing.
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 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 C GI DEAU, M14SOURI
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ATTEST: Mayor
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