HomeMy WebLinkAboutORD.2943.10-15-2001BILL NO. 2001-200 ORDINANCE NO. "j �''
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
GEORGE E. BOCKHORST, JR., PATRICIA A.
BOCKHORST, AND TIM BOCKHORST, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING AN
EXTENSION OF THE EXISTING ARMOR MINI STORAGE
COMPLEX AT 1678 KINGSWAY DRIVE, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, George E. Bockhorst, Jr., Patricia A. Bockhorst, and
Tim Bockhorst are the owners of certain property in the City of
Cape Girardeau, on which they desire to construct, maintain and
operate an extension of the existing Armor Mini Storage complex;
and
WHEREAS, the proposed location of said storage complex is 1678
Kingsway Drive, 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 an extension of the existing Armor Mini
Storage complex, on the following described property:
George E. And Patricia A. Bockhorst, husband and wife,
owners in fee of Lot 29 of Cedar Ridge Subdivision, a
subdivision on file in the Land Records of Cape Girardeau
County in Plat Book 15, at Page 37, in the City and
County of Cape Girardeau, State of Missouri, more
particularly described as follows:
Begin at the Northwest corner of said Cedar Ridge
Subdivision; thence with the north line of said
subdivision, North 88006100" East, 45.43 feet; thence
North 88056146" East, 375.15 feet, to a 4" x 4" concrete
monument; thence South 1000141" West,223.43 feet; thence
South 6019104" East, 120.42 feet; thence South 1033114"
East, 210.00 feet, to a point on the north right of way
line of Kingsway Drive; thence with said right of way
line, South 88026146" West, 46.09 feet; thence along the
arc of a curve to the right having a radius of 226.88
feet, a distance of 170.64 feet; thence North 48027139"
West, 211.40 feet; thence North 530 18109" West, 71.20
feet; thence North 55052100" West, 43.40 feet, to the
southwest corner of said Cedar Ridge Subdivision, said
point being also on the east right of way line of said
Kingsway Drive; thence with said east right of way line
along the arc of a non -tangent curve, concave to the
west, having a radius of 558.34 feet, a distance of
285.49 feet ( the chord of said arc bears North 03044133"
East 282.39 feet), to the point of beginning and
containing 4.44 acres, or 193,564 square feet, more or
less, hereby declare that we have caused said land to be
subdivided into lots as shown and designated hereon, and
we have named said subdivision "CEDAR RIDGE 2ND
SUBDIVISION".
is hereby granted to George E. Bockhorst, Jr., Patricia A.
Bockhorst, and Tim Bockhorst, 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 !, �,/,j DAY OF �(���,� , 20;,` 1 .
/ /,d"
4Sr
ing, II Aayor
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ATTEST:
Gayl L. Conrad
City Clerk
0144:10
SPECIAL USE PERMIT
967
BOOKII56 PACIL-o
George E. Bockhorst, Jr., Patricia A. Bockhorst, and Tim
Bockhorst, 1678 Kingsway Drive, Cape Girardeau, MO 63701, are
hereby granted a Special Use Permit for purposes of constructing,
maintaining and operating an extension of the existing Armor Mini
Storage complex, on the following described property for an
indefinite period of time:
George E. and Patricia A. Bockhorst, husband and wife,
owners in fee of Lot 29 of Cedar Ridge Subdivision, a
subdivision on file in the Land Records of Cape Girardeau
County in Plat Book 15, at Page 37, in the City and
County of Cape Girardeau, State of Missouri, more
particularly described as follows:
Begin at the Northwest corner of said Cedar Ridge
Subdivision; thence with the north line of said
subdivision, North 88006100" East, 45.43 feet; thence
North 88056146" East, 375.15 feet, to a 4" x 4" concrete
monument; thence South 1000141" West,223.43 feet; thence
South 6019104" East, 120.42 feet; thence South 1033114"
East, 210.00 feet, to a point on the north right of way
line of Kingsway Drive; thence with said right of way
line, South 88026146" West, 46.09 feet; thence along the
arc of a curve to the right having a radius of 226.88
feet, a distance of 170.64 feet; thence North 48027139"
West, 211.40 feet; thence North 530 18109" West, 71.20
feet; thence North 55052100" West, 43.40 feet, to the
southwest corner of said Cedar Ridge Subdivision, said
point being also on the east right of way line of said
Kingsway Drive; thence with said east right of way line
along the arc of a non -tangent curve, concave to the
west, having a radius of 558.34 feet, a distance of
285.49 feet ( the chord of said arc bears North 03044133"
East 282.39 feet), to the point of beginning and
containing 4.44 acres, or 193,564 square feet, more or
less, hereby declare that we have caused said land to be
subdivided into lots as shown and designated hereon, and
we have named said subdivision "CEDAR RIDGE 2ND
SUBDIVISION".
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.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
20�.
G-' Michael G. -M
City Manager
ATTEST
All
Gayle,L. Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
er
'4t- A
On this day of 61 1 , 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
acknowledged said instrument to be the free
City.
BOOK1156 PA"E?67
its City Council and
act and deed of said
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.
My Commission Expires:
October 8, 2004
Filed for Record
OCT 2-3 2001
Janet Robert. Rgpeorow
empo oirprdRqu County
Jackson Mo.
Delores G. Needham, Notary Public
STATE OF MISSOURI
County of Cape Girardeau,) ss
I hereby certify that thi's', instrument
was FILED FOR RECORD at' the date
and time wn ereon and is a otded in
Book... .Page... .
JANET ROBERT
er of eds
By.
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 1 �,_ day of t,' �,l pit. {t , 4 the Cape Girardeau City Council
considered the application for Special Use Permit dated 8/20/2001
filed by George E. Bockhorst, Jr., Patricia A. Bockhorst, and Tim Bockhorst for
the property located at 1678 Kingsway Drive in Cape Girardeau, Missouri for the
purpose of constructing, maintaining and operating an extension of the existing
Armor Mini Storage complex.
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
(SEAL)
ATTEST:
City Clerk
with conditions
spe4fied on at ached Special Use Permit
PI7Y OF CAP I/�,/MISSOW
V
Mayo
EXHIBIT B