HomeMy WebLinkAboutORD.3113.12-16-2002BILL NO. 02-270 ORDINANCE NO. 311
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
P & J MARKETING, L.L.C. FOR PURPOSES OF
CONSTRUCTING AND MAINTAINING A PARKING LOT ON
THE SOUTHWEST CORNER OF EMERALD STREET AND
FREDERICK STREET, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, P & J Marketing, L.L.C., is the owner of certain
property in the City of Cape Girardeau, on which P & J Marketing,
L.L.C., desires to construct and maintain a parking lot in the City
and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said parking lot is the
southwest corner of Emerald Street and Frederick Street, Cape
Girardeau, Missouri, which property is presently zoned R-4,
Multiple Family Residential 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 the purpose constructing
and maintaining a parking lot on the following described property:
All of Lots Numbered 1, 2, and 3 in Block Numbered Five
(5) of Marble City Heights Addition to the City of Cape
Girardeau, Cape Girardeau County, Missouri, as shown by
Plat recorded in Plat Book 2 at Page 36, Land Records of
Cape Girardeau County, Missouri.
is hereby granted to P & J Marketing, 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 I6 fk DAY OF �C��� �y 20y•Z.
Jay B Knudtson, Mayor
ATTEST:
Gayle,'L. Conrad
City Clerk
SPECIAL USE PERMIT
"'KIM F,�,cA93
P & J Marketing, L.L.C., is hereby granted a Special Use
Permit for purposes of constructing and maintaining a parking lot
at the southwest corner of Emerald Street and Frederick Street
located in the City and County of Cape Girardeau, Missouri, on the
following described property for an indefinite period of time:
All of Lots Numbered 1, 2, and 3 in Block Numbered Five
(5) of Marble City Heights Addition to the City of Cape
Girardeau, Cape Girardeau County, Missouri, as shown by
Plat recorded in Plat Book 2 at Page 36, Land Records of
Cape Girardeau County, 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.
/,,f he Citt Manager of the City of Cape
ixes his signature this -T�` day of
micnael v. Miller
City Manager
COUNTY OF CAPE GIRARDEAU
ss.
BOOKV-8PAC E 4
On this /7Vt- day of 4mj---4� , 2002- , 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.
My Commission Expires:
August 4, 2003
rAL--2-
aDonna Laub, Notary Public
LADONNA LAU13
Notary Public -Notary Lal
State Of "'.0^'C' -:A
Cape Glra' ceau Ccz.,nty
Comm. Exgire.: 08/04/03
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of I , the Cape Girardeau City Council
considered the application for Special Use Permit dated 10-30-2002
filed by P & J Marketing, L.L.C.,
for the property located at the southwest corner of Emerald Street and Frederick
Street, Cape Girardeau, Missouri
for the purpose of constructing and maintaining a parking lot located in the City
and County of Cape Girardeau, Missouri.
In examining this application, the following factors were considered and found
as noted:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
CITY O PE GI DEAU, ISSOURI
(SEAL) C/
L_
ATTEST: Mayor
City Clerk
EXHIBIT B
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 specified on attached Special Use Permit
CITY O PE GI DEAU, ISSOURI
(SEAL) C/
L_
ATTEST: Mayor
City Clerk
EXHIBIT B