HomeMy WebLinkAboutORD.3623.02-21-2006N
BILL NO. 06-21
ORDINANCE NO. `j(j.), j
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
TRIFECTA DEVELOPMENT, L.C., KENNETH PINCKSTEN
AND CATHERYN PINCKSTEN, FOR PURPOSES OF
MAINTAINING AND OPERATING A BUILDING FOR
OFFICE, SERVICE AND RETAIL USES AT 3037
LEXINGTON AVENUE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Trifecta Development, L.C., Kenneth Pincksten and
Catheryn Pincksten are the owners of certain property on which they
desire to maintain and operate a building for office, service and
retail uses at 3037 Lexington, in the City and County of Cape
Girardeau, Missouri; and
WHEREAS, the proposed location of said building is 3037
Lexington Avenue, Cape Girardeau, MO 63701, which property is
presently zoned R-1, Single -Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-1 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 maintaining
and operating a building for office, service and retail uses on the
following described property:
THAT PART OF THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP
31 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Northeast corner of said section 26;
thence with the East line of said section 26 South
00052120" East, 30.00 feet, to a point on the South Right
W
of Way line of Lexington Avenue; thence with said Right
of Way line South 89006123" West, 251.24 feet, to the
point of beginning; thence continuing South 89006123"
West, 171.92 feet; thence along the arc of a curve to the
Southwest being concave to the Southeast and having a
radius of 41 0.75 feet and a distance of 36.30 feet, (the
chord of said arc bears South 86034129" West, 36.29
feet) , to a point on the East line of Rivendell Court
Subdivision, a subdivision of file in the land records of
Cape Girardeau County in Plat Book 22 at Page 98, said
point also being on the centerline of an existing creek;
thence with said line South 29040112" West, 151.11 feet;
thence South 05006123" West, 62.29 feet; thence leaving
said line North 89006123" East, 118.21 feet; thence along
the arc of a curve to the Northeast being concave to the
Southeast and having a radius of 52.00 feet and a
distance of 101.93 feet, (the chord of said arc bears
North 840 17120" East, 86.38 feet); thence along the arc
of a curve to the Southeast being concave to the
Northeast and having a radius of 20.00 feet and a
distance of 17.91 feet, (the chord of said arc bears
South 65012148" East, 17.32 feet); thence North 89007140"
East, 69.33 feet; thence North 00012157" West, 193.96
feet, to the point of beginning and containing 48,311
square feet (1.11 acres) more or less, subject to any
easements of record.
is hereby granted to Trifecta Development, L.C., Kenneth Pincksten
and Catheryn Pincksten 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.
PAS
AT C
f ~
Gayle (L, C
City C erk
AND APPROVED THIS r l (}f DAY OF 2 0� .
ay
Knuckson, Mayor
SPECIAL USE PERMIT
Trifecta Development, L.C., Kenneth Pincksten and Catheryn
Pincksten are hereby granted a Special Use Permit for the purpose
of maintaining and operating a building for office, service and
retail uses at 3037 Lexington Avenue, located in the City and
County of Cape Girardeau, Missouri, on the following described
property for an indefinite period of time:
THAT PART OF THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP
31 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Northeast corner of said section 26;
thence with the East line of said section 26 South
00052120" East, 30.00 feet, to a point on the South Right
of Way line of Lexington Avenue; thence with said Right
of Way line South 89006123" West, 251.24 feet, to the
point of beginning; thence continuing South 89006123"
West, 171.92 feet; thence along the arc of a curve to the
Southwest being concave to the Southeast and having a
radius of 41 0.75 feet and a distance of 36.30 feet, (the
chord of said arc bears South 86°34129" West, 36.29
feet), to a point on the East line of Rivendell Court
Subdivision, a subdivision of file in the land records of
Cape Girardeau County in Plat Book 22 at Page 98,,said
point also being on the centerline of an existing creek;
thence with said line South 29040112" West, 151.11 feet;
thence South 05006123" West, 62.29 feet; thence leaving
said line North 89006123" East, 118.21 feet; thence along
the arc of a curve to the Northeast being concave to the
Southeast and having a radius of 52.00 feet and a
distance of 101.93 feet, (the chord of said arc bears
North 840 17120" East, 86.38 feet); thence along the arc
of a curve to the Southeast being concave to the
Northeast and having a radius of 20.00 feet and a
distance of 17.91 feet, (the chord of said arc bears
South 65012148" East, 17.32 feet); thence North 89007140"
East, 69.33 feet; thence North 00012157" West, 193.96
feet, to the point of beginning and containing 48,311
square feet (1.11 acres) more or less, subject to any
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 failu
with these special conditions, t
automatically terminate and the City
the right to enter upon the land to
SPECIAL CONDITIONS:
re of the Applicant to comply
he Special Use Permit will
of Cape Girardeau shall have
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.
4. This Special Use Permit is not transferrable without
consent of the City Council.
5. Uses permitted are limited to health care professionals,
legal services, accounting and bookkeeping services,
finance service industries, insurance provider and
service industries, real estate sales, brokerage and
property management companies, construction management
companies, consulting and counseling companies, 50103 and
faith based organizations, spa and beauty salon
operations, limited restaurant and food shops (i.e.
sandwich shop, coffee shop, baked goods shop, etc. . . )
in which no more than eight (8) persons work in a single
shift on the premises and whose hours of operation are
normally no earlier than 5:00 a.m. and no later than
11:00 p.m. and retail operations that are limited to the
same number of employees and hours as the above described
restaurant and food shops.
IN WITNESS WHEREOF, the
Gir4rdeau, Missouri, affixes
V h7 k 20.
City Manager of the City of Cape
his signature this -2 day of
�4 �4Z
Dougl s K. Leslie
City Manager
f
ATTEST: h��"/� R ��.
Gayle,V. Conrad
City Clerk T=1U x y 'I
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this _ day of �ti3/Lu�W_y 20 E)/ before me
appeared Douglas K. Leslie, 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, 2007
aDonna Laub, otary Public
LADONNA LAUB
Notary Public -Notary Seal
State of Missouri
County of Scott
My Commission Expires Aug. 4, 2007
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on thisc�(� day of t , the Cape Girardeau City Council
considered the application for Speci Use Permit dated December 21, 2006
filed by Trifecta Development, L.C., Kenneth Pincksten and Catheryn Pincksten
for the property located at 3037 Lexington Avenue, Cape Girardeau, Missouri
for the purpose of maintaining and operating a building for office, service and
retail uses.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
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
(SEAL)
ATTEST:
>a a 0 !) X75 6y 11 i^n
City Cle
l
CITY OF PE GI DEAU, MISSOURI
MOM
or
EXHIBIT B
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
(SEAL)
ATTEST:
>a a 0 !) X75 6y 11 i^n
City Cle
l
CITY OF PE GI DEAU, MISSOURI
MOM
or
EXHIBIT B