HomeMy WebLinkAboutORD.2921.08-20-2001a
BILL NO. 2001-155
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
GREATER MISSOURI BUILDERS, INC. AND TYSON P.
ZAHNER, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING A DRIVE-IN
RESTAURANT IN A 12 -FOOT BY 28 -FOOT PORTABLE
BUILDING, IN THE 2100 BLOCK OF WILLIAM STREET
(TOWN PLAZA PARKING LOT), IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Greater Missouri Builders, Inc. is the owner of
certain property in the City of Cape Girardeau, on which Tyson P.
Zahner desires to construct, maintain and operate a drive-in
restaurant located in a 12 -foot by 28 -foot portable building; and
WHEREAS, the proposed location of said drive-in restaurant is
in the 2100 Block of William Street (Town Plaza Parking Lot), 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 a drive-in restaurant located in a 12 -
foot by 28 -foot portable building, on the following described
property:
A PART OF OUTLOTS NO. 57 AND 87, UNITED STATES PRIVATE
SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Beginning at a 1/2" Iron Pin Concrete (Found) at the
Northwest corner of Outlot no. 57, U.S.P.S. No. 2199;
Thence S 83007118" E, 461.54 feet along the North line of
said Outlot No. 57 to a Railroad Spike (Found) at the
Northwest corner of a tract of land recorded in the land
records of the County Recorder's Office of book no. 294
at page no. 891; Thence S 06026106" W, 121.41 feet along
the West line of said tract to the Southwest corner of
said tract, from which a Railroad Spike (Pound) bears N
06026106" E, 0.7 feet; Thence S 83137149" E, 53.78 feet
along the South line of said tract to a 1/2" Iron Pin
(Set) on the North Right of Way line of Merriwether
Street; Thence S 00007149" E, 49.52 feet to a 1/2" Iron
Pin (Set on the South Right of Way line of Merriwether
Street; Thence S 83037149" E, 500.43 feet along said
South Right of Way line to a point on the west Right of
way line of Sheridan Drive, from which a 1/2" Iron Pin
(Found) bears S 00051' W, 0.9 feet; Thence along the West
Right of Way line of said Sheridan Drive the following
courses and distances:
S 05°00127" W, 181.97 feet to a 1/2" Iron Pin (Set);
Thence S 00001' 14" E, 43.68 feet to a �" Iron Pin
(Found) at the Northeast corner of a tract of land
recorded in book no. 290 at page no. 282; Thence along
the North and West lines of said tract the following
courses and distances:
N 84°57'14" W, 171.13 feet to a 1/2" Iron Pin (Set);
Thence S 50059149" W, 21.56 feet to a 1/2" Iron Pin
(Set); Thence S 06056152" W, 142.96 feet to a Chiseled
Cross in Concrete (Found) on the North Right of Way line
of William Street; Thence along said Right of Way line
the following courses and distances:
N 84029122" W, 277.34 feet to a 1/2" Iron Pin (Set);
Thence N 00007149" W, 15.07 feet to a 1/2" Iron Pin
(Set); Thence N 84029122" W, 568.90 feet to a 1/2" Iron
Fin (Set); Thence N 83 057122" W, 212.10 feet to a 1/2'
Iron Pin (Set) at the Southeast corner of a tract of land
recorded in book no. 309 at page no. 397; Thence along
the East and North lines of said tract the following
courses and distances:
N 06°02'38" E, 165.00 feet to a 1/2" Iron Pin (Set) at
the Northeast corner of said tract; Thence N 83057122" W,
196.57 feet to a 1/2" Iron Pin (Set) at the Northwest
corner of said tract; Thence S 06001154" W, 13.66 feet
along the West line of said tract to the Northeast corner
of a tract of land recorded in book no. 611 at page no.
756; Thence N 83058106" W, 176.65 feet along the North
line of said tract of a 1/2" Iron Pin Set on the East
Right of Way line of United States Route 61
(Kingshighway); Thence N 11006154" E, 137.37 feet along
said Right of Way line to a 1/2" Iron Pin (Set) on the
South Right of Way line of the Walker Creek Right of Way
Line; Thence along said South and East Right of Way lines
the following courses and distances:
S 78°42'53" E, 59.09 feet to a 1/2" Iron Pin (Set);
Thence N 110 17107" E, 63.59 feet to a 1/2" Iron Pin
(Set); Thence N 06016107" E, 145.02 feet to a 1/2" Iron
Pin (Set) ; Thence N 1100013811 E, 73.13 feet to a 1/2"
Iron Pin (Set) on the North line of Outlot No. 87; Thence
S 83030134" E., 509.97 feet along said North line to the
point of beginning; containing 16.043 acres and subject
to all easements of record.
is hereby granted to Greater Missouri Builders, Inc. and Tyson P.
Zahner, 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 '��, DAY OF , 20 ()J
A. M. Spradling, I, Mayor
ATTEST:
Gayler Conrad
City Clerk
oil
SPECIAL USE PERMIT $oaKf` PAGE IC
Greater Missouri Builders, Inc., 1550 Wall Street, Suite 31,
St. Charles, MO 63303, and Tyson P. Zahner, 337 North Park Avenue,
#1, Cape Girardeau, MO 63701, are hereby granted a Special Use
Permit for purposes of constructing, maintaining and operating a
drive-in restaurant located in a 12 -foot by 28 -foot portable
building, on the following described property for an indefinite
period of time:
A PART OF OUTLOTS NO. 57 AND 87, UNITED STATES PRIVATE
SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Beginning at a 1/211 Iron Pin Concrete (Found) at the
Northwest corner of Outlot no. 57, U.S.P.S. No. 2199;
Thence S 83007118" E, 461.54 feet along the North line of
said Outlot No. 57 to a Railroad Spike (Found) at the
Northwest corner of a tract of land recorded in the land
records of the County Recorder's Office of book no. 294
at page no. 891; Thence S 06026106" W, 121.41 feet along
the West line of said tract to the Southwest corner of
said tract, from which a Railroad Spike (Pound) bears N
06°26106" E, 0.7 feet; Thence S 83137149" E, 53.78 feet
along the South line of said tract to a 1/2" Iron Pin
(Set) on the North Right of Way line of Merriwether
Street; Thence S 00007149" E, 49.52 feet to a 1/2" Iron
Pin (Set on the South Right of Way line of Merriwether
Street; Thence S 83037149" E, 500.43 feet along said
South Right of Way line to a point on the west Right of
way line of Sheridan Drive, from which a 1/2" Iron Pin
(Found) bears S 00051' W, 0.9 feet; Thence along the West
Right of Way line of said Sheridan Drive the following
courses and distances:
S 05000127" W, 181.97 feet to a 1/2" Iron Pin (Set);
Thence S 00001' 14" E, 43.68 feet to a %" Iron Pin
(Found) at the Northeast corner of a tract of land
recorded in book no. 290 at page no. 282; Thence along
the North and West lines of said tract the following
courses and distances:
N 84°57'14" W, 171.13 feet to a 1/2" Iron Pin (Set);
Thence S 50059149" W, 21.56 feet to a 1/2" Iron Pin
(Set); Thence S 06056152" W, 142.96 feet to a Chiseled
Cross in Concrete (Found) on the North Right of Way line
eoow 1143 PACE 790
of William Street; Thence along said Right of Way line
the following courses and distances:
N 84029122" W, 277.34 feet to a 1/2" Iron Pin (Set);
Thence N 00007149" W, 15.07 feet to a 1/2" Iron Pin
(Set); Thence N 84029122" W, 568.90 feet to a 1/2" Iron
Fin (Set); Thence N 83 057122" W, 212.10 feet to a 1/2'
Iron Pin (Set) at the Southeast corner of a tract of land
recorded in book no. 309 at page no. 397; Thence along
the East and North lines of said tract the following
courses and distances:
N 06°02'38" E, 165.00 feet to a 1/2" Iron Pin (Set) at
the Northeast corner of said tract; Thence N 83057122" W,
196.57 feet to a 1/21' Iron Pin (Setj at the Northwest;
corner of said tract; Thence S 06001154" W, 13.66 feet
along the West line of said tract to the Northeast corner
of a tract of land recorded in book no. 611 at page no.
756; Thence N 83058106" W, 176.65 feet along the North
line of said tract of a 1/2" Iron Pin Set on the East
Right of Way line of United States Route 61
(Kingshighway); Thence N 11006154" E, 137.37 feet along
said Right of Way line to a 1/2" Iron Pin (Set) on the
South Right of Way line of the Walker Creek Right of Way
Line; Thence along said South and East Right of Way lines
the following courses and distances:
S 78042153" E, 59.09 feet to a 1/2" Iron Pin (Set);
Thence N 110 17107" E, 63.59 feet to a 1/2" Iron Pin
(Set); Thence N 06016107" E, 145.02 feet to a 1/2" Iron
Pin (Set) ; Thence N 11000138" E, 73.13 feet to a 1/2"
Iron Pin (Set) on the North line of Outlot No. 87; Thence
S 83030134" E., 509.97 feet along said North line to the
point of beginning; containing 16.043 acres and subject
to all 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. The site plan shall be made a part of the Special Use
Permit, with the location of the facility being approved
eanx 1143 PAO%
by the Planning and Engineering Divisions at the time of
construction.
2. The new and existing structures shall comply with the
BOCA Building Codes and all other City ordinances.
3. If the structure is removed, the foundation shall be
removed and the parking lot restored to its original
condition.
4. Additions or modifications from the original building
permit must be approved by the City Council.
S. Special use shall meet all applicable zoning regulations.
6. 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.
7. 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 sig�xature this `t day of
20 C
Ki-chael G. Miller
City Manager
ATTEST:
,I
/X
Gayle (� . Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
f`
f
On this 21 ! day of (�,G�j�,S 20 Ij 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
4.
BonxIM PAGE79?..
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.
Eiv,),p
z Uj
Delores G.
Needham, Notary Public
My Commission. Expires:
October 8, 2004
0
Filed�ocord
AUG 2 4 2041
Janet
Cape
R
STATE OF MISSOURI
County of Cape Girardeau,) ss
I hereby certify that this instrument
was FILED FOR RECORD at the date
and tim ho vn�ereon and is r r
Book. ,%S ..Page....
JANET ROBERT
Recorder of Deeds
y
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this (,`.r,L day of f,k , the Cape Girardeau City Council
considered the application fort pecial Use Permit dated 6/27/2001
filed by Greater Missouri Builders, Inc. and Tyson P. Zahner
for the property located at 2100 Block of William Street (Town Plaza parking
lot), Cape Girardeau, Missouri
for the purpose of constructing, maintaining and operating a drive-in restaurant
in a 12 -foot by 28 -foot portable building.
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. g
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
(SEAL)
ATTEST:
with conditions
1.t-0 �
City CI, rk
specified on attached Special Use Permit
ITY OF E GIRARDEAU, MISSO
Ma or Lr
Cr
EXHIBIT B