HomeMy WebLinkAboutOrd.3847.09-17-2007I
BILL NO. 07-153 ORDINANCE NO. rd 'f-1
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
TRIFECTA DEVELOPMENT, L. C. , AND FAMILY VIDEO,
INC. , FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING A BUILDING AND
PARKING LOT FOR COMMERCIAL AND RETAIL USES AT
506 N. WEST END BOULEVARD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Trifecta Development, L.C. , is the owner of certain
property on which Trifecta Development, L. C. , and Family Video,
Inc. , desire to construct, maintain and operate a building and
parking lot for commercial and retail uses at 506 N. West End
Boulevard, in the City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said building and parking
lot is 506 N. West End Boulevard, Cape Girardeau, MO 63701, which
property is presently zoned R-2, Single-Family Dwelling District;
and
WHEREAS, a Special Use Permit is required for said use in an
R-2 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,
maintaining and operating a building and parking lot for commercial
and retail uses on the following described property:
All of Lot Twenty-three (23) , Block Two (2) of Park Place
Subdivision of the City of Cape Girardeau, Missouri .
is hereby granted to Trifecta Development, L.C. , and Family Video,
Inc . , 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 .
AND APPROVED THIS DAY OF ST�h�r 20A2;t.
a
&ayKnudtson, Mayor
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Gayle . Conrad
City C k
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SPECIAL USE PERMIT
Trifecta Development, L. C. , and Family Video, Inc . , are
hereby granted a Special Use Permit for the purpose of
constructing, maintaining and operating a building and parking lot
for commercial and retail uses at 506 West End Boulevard, located
in the City and County of Cape Girardeau, Missouri, on the
following described property for an indefinite period of time :
All of Lot Twenty-three (23) , Block Two (2) of Park Place
Subdivision of the City of Cape Girardeau, 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 . 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.
4 . This Special Use Permit is not transferrable without
consent of the City Council .
5 . A 20-foot wide landscaped buffer shall be provided and
maintained along the north property line between 506
North West End Boulevard and 508 North West End
Boulevard. In addition, a six-foot tall privacy fence
shall be located within the 20-foot wide buffer area.
6 . 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
along the lot line between the commercial lot and the
residentially zoned lot to the east .
EXHIBIT A
7 . No trash dumpster shall be placed on Lot 23 adjoining 508
North West End Boulevard.
8 . All outdoor lighting shall be directional and aimed away
from adjacent residential properties .
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
EXHIBIT A
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 1-7,41day of -7 , the Cape Girardeau City Council
considered the application f r Special Use Permit dated July 22, 2007
filed by Trifecta Development, L.C. , and Family Video, Inc. , for the property
located at 506 N. West End Boulevard, Cape Girardeau, Missouri for the purpose
of constructing, maintaining and operating a building and parking lot for
commercial and retail uses.
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 IF-
3.
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
S. 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 APE GI. EAU, MISSOURI
(SEAL)
ATTEST:
Al �/ !
City Clei
A�g'G
o i
F�J T HE UNI ~mac
SEAL EXHIBIT B