HomeMy WebLinkAboutOrd.3796.03-19-2007 BILL NO. 07-43 ORDINANCE NO. :kr/q(
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
JJP INVESTMENTS, LLC, FOR PURPOSES OF
CONSTRUCTING AND MAINTAINING A COMMERCIAL
PARKING LOT LOCATED ON THE SOUTH SIDE OF
KINGSWAY DRIVE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, JJP Investments, LLC, is the owner of certain
property on which it desires to construct and maintain a commercial
parking lot on the south side of Kingsway Drive, in the City and
County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said commercial parking lot
is along the south side of Kingsway Drive, between Melrose Avenue
and Kurre Lane, which property is presently zoned R-1, single-
family dwelling district; and
WHEREAS, a Special Use Permit is required for said use in an
R-1 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 constructing
and maintaining a commercial parking lot on the following described
property:
THAT PART OF OUT LOT 78A OF UNITED STATES PRIVATE SURVEY
2199, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, DESCRIBED AS FOLLOWS :
Begin at the Northeast corner of Lot 2 of Morris
Subdivision, said corner being on the South Right of Way
line of Kingsway Drive; thence with said Right of Way
line and with the North line of a Tract of Land Described
in Deed Document No. 2006-12557 South 74041156" East,
159 . 54 feet; thence leaving said Right of Way line and
said North line South 03055123" West, 205 . 58 feet, to a
point on the South line of said Tract; thence with the
South line of said Tract North 80013133" West, 14 . 57
feet; thence North 73019103" West, 74 . 69 feet; thence
North 75040117" West, 107 . 81 feet, to the Southwest
corner of said Tract; thence with the West line of said
Tract North 14024158" East, 203 . 00 feet, to the point of
beginning and containing 36, 031 square feet or 0 . 83
acres, more or less, subject to any easements of record.
is hereby granted to JJP 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 iq+�- DAY OF MCtrr 20al•
CJ B. Cnudtson, Mayor
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L. Co ad
City Clerk
SPECIAL USE PERMIT
JJP Investments, LLP, is hereby granted a Special Use Permit
for the purpose of constructing and maintaining a commercial
parking lot on the south side of Kingsway Drive, between Melrose
Avenue and Kurre Lane, located in the City and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time :
THAT PART OF OUT LOT 78A OF UNITED STATES PRIVATE SURVEY
2199, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, DESCRIBED AS FOLLOWS :
Begin at the Northeast corner of Lot 2 of Morris
Subdivision, said corner being on the South Right of Way
line of Kingsway Drive; thence with said Right of Way
line and with the North line of a Tract of Land Described
in Deed Document No. 2006-12557 South 7404115611 East,
159 . 54 feet; thence leaving said Right of Way line and
said North line South 03055123" West, 205 . 58 feet, to a
point on the South line of said Tract; thence with the
South line of said Tract North 80013133" West, 14 . 57
feet; thence North 73019103" West, 74 . 69 feet; thence
North 75040117" West, 107 . 81 feet, to the Southwest
corner of said Tract; thence with the West line of said
Tract North 14024158" East, 203 . 00 feet, to the point of
beginning and containing 36, 031 square feet or 0 . 83
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 of Cape Girardeau shall have
the right to enter upon the land to abate such special use .
SPECIAL CONDITIONS:
1 . Additions or modifications from the original building
permit must be approved by the City Council .
2 . Special use shall meet all applicable zoning regulations.
3 . 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.
EXHIBIT A
i
4 . 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 MISSOURI )
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 , 2007
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this (q k day of aaAfA , -�M, the Cape Girardeau City Council
considered the application for Special Use Permit dated January 9, 2007
filed by JJP Investments, LLP, for the property located on the south side of
Kingsway Drive, between Melrose Drive and Kurre Lane, in the City of Cape
Girardeau, Missouri
for the purpose of constructing and maintaining a commercial parking lot.
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 OF CAPE gIRARDEAU, MISSOURI
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EXHIBIT B