HomeMy WebLinkAboutORD.2720.05-01-2000Offlvffilvj• ..
ORDINANCE NO. 59 1%c
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
GENEVA NADINE HEUER AND RHODES PROPERTIES,
L.C., FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING MINI -WAREHOUSE
STORAGE BUILDINGS AT 2301 BLOOMFIELD ROAD, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Geneva Nadine Heuer is the owner of certain property
in the City of Cape Girardeau, on which the Rhodes Properties, L.C.
desires to construct, maintain and operate mini -warehouse storage
buildings; and
WHEREAS, the proposed location of said storage buildings is
2301 Bloomfield Road, which property is presently zoned C-2,
General Commercial District; and
WHEREAS, a Special Use Permit is required for said use in an
C-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 mini -warehouse storage buildings, on the
following described property:
ALL THAT PART OF OUTLOTS 55, 56 AND 87 IN U.S.P. SURVEY
N0. 2199 AND ALSO PART OF LOTS 6 AND 7 OF KENRICK SECOND
SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU.
MISSOURI. DESCRIBED AS FOLLOWS;
Commence of the Northwest corner of Outlot 55; thence
North 07016143" East with the East line of said Outlot
87, 647.16 feet, to a point on the South right of way
line of Bloomfield Road for the point of beginning;
thence with said South line, South 69033130" West, 80.82
feet; thence South 62010112" West, 223.27 feet, more or
less, to a point on the East right of way line of Cape
LaCroix Creek; thence along and with the East right of
way line of Cape LaCroix Creek, South 09041128" East,
15.11 feet; thence South 00012150" East, 34.06 feet;
thence South 07050111" East, 215.59 feet; thence South
07°43141" East, 371.74 feet; thence South 10002132" East,
73.06 feet; thence North 77036116" East, 24.00 feet;
thence South 12023144' East, 69.00 feet; thence South
77°36116" West, 22.00 feet; thence South 11033155" East,
69.01 feet; thence South 12043136" East, 173.00 feet;
thence South 16005113" East, 31.06 feet; thence South
12023144" East, 5.00 feet; thence South 14005133" East,
69.87 feet; thence South 83017118" East, 75.63 feet, to
the Northwest corner of Lot 6 of Kenrick's First
Subdivision; thence leaving said East line, and along the
West line of said Subdivision, North 06042142" East,
100.00 feet, to the Southwest corner of Lots 7 and 8 of
Kenrick's Second Subdivision; thence along the West line
of said Subdivision, North 05047158" East, 180.08 feet;
thence North 08024142" East, 70.00 feet, to the Northwest
corner of Lots 5 and 6 of said Kenrick's Second
Subdivision; thence leaving said Northwest corner, North
07045100" East, 238.39 feet; thence North 07047157" East,
734.98 feet, to a point on the South right of way line of
Bloomfield Street; thence along said South line, South
69°15120" West, 175.52 feet, to the place of beginning
and containing 7.48 acres, more or less, and subject to
any easements of record.
Save and except that area conveyed to the City of Cape
Girardeau by general warranty deed as right-of-way for
the Bloomfield Road Improvement Project Phase I, recorded
in Deed Book 986 at Page 870 in the Cape Girardeau County
Recorder's Office, more particularly described as
follows;
Part of Out Lots 56 and 87 in the City and County of Cape
Girardeau, State of Missouri, more particularly described
as follows:
Commence at the Northwest corner of Out Lot 55; thence
North 7016143" East with the East line of Out Lot 87,
647.16 feet to a point in the South right-of-way line of
Bloomfield Road, the point of beginning; thence South
69033130" West along the South right-of-way line of
Bloomfield Road a distance of 80.82 feet to a point;
thence South 62010112" West, 77.76 feet to a point;
thence, leaving the South line of Bloomfield Road, North
69033130" East, 325.03 feet to a point; thence North
7043109" East, 11.34 feet to a point of the South
right-of-way line of Bloomfield Road; thence South
69033130" West with the South right-of-way line of
Bloomfield Road, 172.44 feet more or less to the point of
beginning and containing 2891 square feet, more or less.
is hereby granted to Geneva Nadine Heuer and Rhodes Properties,
L.C., 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
ATTEST:
Gayle. Conrad
City Clerk
DAY OF , 2 OLLL.
A. M. Spradling, III, tAyor
SPECIAL USE PERMIT`''''``
Geneva Nadine Heuer, c/o Joseph J. Russell, Limbaugh, Russell,
Payne & Howard, 2027 Broadway, P.O. Box 1150, Cape Girardeau, MO
63702-1150, and Rhodes Properties, L.C., c/o Scott M. Rhodes, 2149
William Street, Cape Girardeau, MO 63703, are hereby granted a
Special Use Permit for purposes of constructing, maintaining and
operating mini -warehouse storage buildings, on the following
described property for an indefinite period of time:
ALL THAT PART OF OUTLOTS 55, 56 AND 87 IN U.S.P. SURVEY
N0. 2199 AND ALSO PART OF LOTS 6 AND 7 OF KENRICK SECOND
SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU.
MISSOURI. DESCRIBED AS FOLLOWS;
Commence of the Northwest corner of Outlot 55; thence
North 07016143" East with the East line of said Outlot
87, 647.16 feet, to a point on the South right of way
line of Bloomfield Road for the point of beginning;
thence with said South line, South 69°33130" West, 80.82
feet; thence South 62°10112" West, 223.27 feet, more or
less, to a point on the East right of way line of Cape
LaCroix Creek; thence along and with the East right of
way line of Cape LaCroix Creek, South 09041128" East,
15.11 feet; thence South 00012150" East, 34.06 feet;
thence South 0705011111 East, 215.59 feet; thence South
07043141" East, 371.74 feet; thence South 10002132" East,
73.06 feet; thence North 77°36116" East, 24.00 feet;
thence South 12023144' East, 69.00 feet; thence South
77036116" West, 22.00 feet; thence South 11033155" East,
69.01 feet; thence South 12°43136" East, 173.00 feet;
thence South 16005113" East, 31.06 feet; thence South
1202314411 East, 5.00 feet; thence South 1400513311 East,
69.87 feet; thence SoutUh 83017118" East:, 75.63 feet, to
the Northwest corner of Lot 6 of Kenrick's First
Subdivision; thence leaving said East line, and along the
West line of said Subdivision, North 06042142" East,
100.00 feet, to the Southwest corner of Lots 7 and 8 of
Kenrick's Second Subdivision; thence along the West line
of said Subdivision, North 05047158" East, 180.08 feet;
thence North 08°24142" East, 70.00 feet, to the Northwest
corner of Lots 5 and 6 of said Kenrick's Second
Subdivision; thence leaving said Northwest corner, North
07045100" East, 238.39 feet; thence North 07047157" East,
734.98 feet, to a point on the South right of way line of
Bloomfield Street; thence along said South line, South
69015120" West, 175.52 feet, to the place of beginning
and containing 7.48 acres, more or less, and subject to
any easements of record.
Save and except that area conveyed to the City of Cape
Girardeau by general warranty deed as right-of-way for
the Bloomfield Road Improvement Project Phase I, recorded
in Deed Book 986 at Page 870 in the Cape Girardeau County
Recorder's Office, more particularly described as
follows;
Part of Out Lots 56 and 87 in the City and County of Cape
Girardeau, State of Missouri, more particularly described
as follows:
Commence at the Northwest corner of Out Lot 55; thence
North 7016143" East with the East line of Out Lot 87,
647.16 feet to a point in the South right-of-way line of
Bloomfield Road, the point of beginning; thence South
69033130" West along the South right-of-way line of
Bloomfield Road a distance of 80.82 feet to a point;
thence South 62010112" West, 77.76 feet to a point;
thence, leaving the South line of Bloomfield Road, North
69033130" East, 325.03 feet to a point; thence North
7043109" East, 11.34 feet to a point of the South
right-of-way line of Bloomfield Road; thence South
69033130" West with the South right-of-way line of
Bloomfield Road, 172.44 feet more or less to the point of
beginning and containing 2891 square feet, more or less.
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.
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.
BUo�, 1'0 � l ►;lu 9i98
4. This Special Use Permit is not transferrable without
consent of the City Council.
IN WITNESS WHEREOF, the City Manager jo?f the City of Cape
Girardeau, Missouri, affixes his sign at e this day of
K - , 2 0 CSS .
Michael G. Miller
City Manager
ATTEST:
ti
Gayle Ll Conrad
City Clerk
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of 413LI 20rr1�! before me
appeared Michael G. Miller, 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000
File for Record
V.'/d
MAY -- 4 2000
Janet Robert, Raoordar
Cap* Qlrardoau Oounty
Jackson Mo.
-4a7,e-off.
is 81 LI i1i (i b� t f8
STATE OF MISSOURI ) ss
County of Cape Girardeau,
I hereby certify that this instrument
was FILED FOR RECORD at the date
and time 6t, J oa and i�c .
Book. �;� Pn age. .
JANET ROBERT
Recorder of Deeds
By-- — X91
r
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of GLq Qopj'), the Cape Girardeau City Council
considered the application for dpecial Use Permit dated_
1/27/2000
filed by Geneva Nadine Heuer and Rhodes Properties, L. C
for the property located at 2301 Sloomfi ld Road in rape Girardeau, Missouri
for the purpose of rnnst-rurt-ingo maintaining and operatinq mini-warehou-se storage
buildings -
In
•.
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
(SEAL)
ATTEST:
City Jerk
specified on attached Special Use Permit
TY OF 4APE GIRARDEAU, MISSOURI
ayo
EXHIBIT B