HomeMy WebLinkAboutORD.2858.03-19-2001BILL NO. 2001-42 ORDINANCE NO. z:216S O
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LIONSHEAD INVESTMENTS, L.L.C. AND KINDER AND
MAURER DEVELOPMENTS, L.L.C., FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING
TOWNHOMES (CONDOMINIUMS) IN THE 2900 TO 3000
BLOCK OF BEAVERCREEK DRIVE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Lionshead Investments, L.L.C., is the owner of
certain property in the City of Cape Girardeau, on which Kinder and
Maurer Developments, L.L.C. desires to construct, maintain and
operate townhomes (condominiums); and
WHEREAS, the proposed location of said townhomes is in the
2900 to 3000 block of Beavercreek Drive, which property is
presently zoned R-4, Multiple Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-4 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 townhomes (condominiums), on the
following described property:
That part of the South half of Fractional Section 26,
Township 31 North, Range 13 East, County of Cape
Girardeau, State of Missouri, described as follows:
Commence at the Northwest corner of Mount Auburn
Subdivision No. 5; thence South 1° 07' 51" West, 150.0
feet; thence North 880 23' 32" West, 296.62 feet, to the
place of beginning; thence North 10 34' 28" East, 150.0
feet; thence North 88° 25' 32" West, 382.0 feet; thence
South 000 50' 33" West, 354.72 feet, to a point on the
North line of Beavercreek Drive; thence with said North
line, South 790 23' 22" East, 38.35 feet; thence along
the arc of a curve to the left, having a radius of 75.0
feet, a distance of 12.52 feet; thence South 38° 57' 07"
East, 134.45 feet; thence along the arc of a curve to the
right, having a radius of 125.0 feet, a distance of 86.31
feet; thence South 490 23' 22" East, 64.34 feet; thence
along the arc of a curve to the left, having a radius of
75.0 feet, a distance of 23.94 feet; thence leaving said
Beavercreek Drive North 1° 07' 51" East, 249.62 feet;
thence North 460 21' 09" East, 60.18 feet, to the place
of beginning and containing 3.10 acres, more or less.
is hereby granted to Lionshead Investments, L.L.C. and Kinder and
Maurer Developments, L.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 41 (A DAY OF _ 201;;}x.
A. 'M. Spradling, III, tahor
ATTEST:
Gayle, Conrad A*w
City Clerk
-A.
SPECIAL USE PERMIT
00332.1 G
Lionshead Investments, L.L.C., G. Keith Deimund, 2316 Jean Ann
Drive, Cape Girardeau, MO 63701 and Kinder and Maurer Developments,
L.L.C, 2307 Kenneth Drive, Cape Girardeau, MO 63703, are hereby
granted a Special Use Permit for purposes of constructing,
maintaining and operating townhomes (condominiums), on the
following described property for an indefinite period of time:
That part of the South half of Fractional Section 26,
Township 31 North, Range 13 East, County of Cape
Girardeau, State of Missouri, described as follows:
Commence at the Northwest corner of Mount Auburn
Subdivision No. 5; thence South 10 07', 51" West, 150.0
feet; thence North 88° 23' 32" West, 296.62 feet, to the
place of beginning; thence North 10 34' 28" East, 150.0
feet; thence North 880 25' 32" West, 382.0 feet; thence
South 000 50' 33" West, 354.72 feet, to a point on the
North line of Beavercreek Drive; thence with said North
line, South 790 23' 22" East, 38.35 feet; thence along
the arc of a curve to the left, having a radius of 75.0
feet, a distance of 12.52 feet; thence South 380 57' 07"
East, 134.45 feet; thence along the arc of a curve to the
right, having a radius of 125.0 feet, a distance of 86.31
feet; thence South 490 23' 22" East, 64.34 feet; thence
along the arc of a curve to the left, having a radius of
75.0 feet, a distance of 23.94 feet; thence leaving said
Beavercreek Drive North 10 07' 51" East, 249.62 feet;
thence North 460 21' 09" East, 60.18 feet, to the place
of beginning and containing 3.10 acres, 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.
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.
do^1" _ 7; -lit It
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.
IN WITNESS WHEREOF, the City Manger of the City of Cape
Girardeau, Missouri, affixes his si ature this OLday of
lljar20x.1
Michael G. Miller
City Manager
ATTEST:
Gayle I. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this 6 day of 20 %` 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, 2004
Filed for Record
9"6
MAR 2 2001
dor'®t
Cape
r
STATE OF MISSOURI ) ss
County of Cape Girardeau, �
I hereby certify that' this ,instrument
was FILED FOR RECORD at the date
and tim hereon and is recorded in
Book. �� Page. ..... ....
JANET ROBERT
Recorder f Deeds
By
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this( u� day of f✓`� �( , :,;JC,!_)) , the Cape Girardeau City Council
considered the application for Special Use Permit dated If"�iJ2001
filed by Lionsh ad Tnv s m n s, L..L.C. and Kinder and Maurer DPVe10 mPn s, T-T._C_
for the property located at 2900 to 3000 block of geayerrreek Drive,rajpt-
for the purpose of
(condominiums).
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,'blerk
specified on attached Special Use Permit
io F GIRARDEAU, MISSOU
Mayo
EXHIBIT B