HomeMy WebLinkAboutOrd.1676.02-06-1995 .
(BILL NO. 95-23 ORDINANCE NO. 1«Iti-
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SIX THIRTY, INC. AND McDONALD MOBILE HOMES,
FOR PURPOSES OF MAINTAINING AND OPERATING A
SECTIONAL MANUFACTURED HOMES FOR A SALES
OFFICE IN THE 3300 BLOCK OF SOUTHERN
EXPRESSWAY, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Six Thirty, Inc. is the owner of certain property in
the City of Cape Girardeau, on which McDonald Mobile Homes desires
to maintain and operate a new sectional manufactured home for a
sales office; and
WHEREAS, the proposed location of said sales office is the
3300 Block of Southern Expressway, which property is presently
zoned M-2, Heavy Industrial District; and
WHEREAS, a Special Use Permit is required for said use in a
M-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 maintaining
and operating a new sectional manufactured home for a sales office,
on the following described property:
A part of Out Lot No. 81, 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 the Southwest corner of Outlot No. 81;
thence along the West line of Outlot No. 81, North 07°
12' 00" East, 933 . 03 feet to a point on the North right-
of-way line of Missouri State Route 74 ; thence along said
right-of-way line North 78° 29' 00" East, 1824 . 09 feet to
the True Point of Beginning; thence continuing along said
right-of-way line, North 78° 29 ' 00" East, 434 . 38 feet;
thence leaving said right-of-way line, North 11° 81' 00"
West, 650. 00 feet to a point on the North line of a tract
.
of land as recorded in the land records of the County
Recorder's Office in Book No. 457 at Page No. 728; thence
along the North line of the aforesaid tract, South 78°
29' 00" West, 434 . 38 feet; thence leaving said North
line, South 11° 31' 00" East, 650. 00 feet to the point of
beginning, containing 8.48 acres more or less and subject
to all easements of record.
is hereby granted to Six Thirty, Inc. and McDonald Mobile Homes, 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 and any special conditions contained in
the Special Use Permit, a copy of which is attached hereto 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 . Pursuant to Section 3 . 15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS � DAY OF ���' , 19 ,% .
U
A. `. Spr dling, III, ayor
ATTEST:
-� r
;�'�.r�x'.1 1�'ii ;�� �'�C.'tli[G�
Gayle � . Conrad
Deputy City Clerk
.
r
SPECIAL USE PERMIri'
Six Thirty, Inc. , 2101 Southern Expressway, Cape Girardeau,
Missouri 63703 and McDonald Mobile Homes, 10607 East Admiral Place,
Tulsa, Oklahoma 74416, are hereby granted a Special Use Permit for
purposes of maintaining and operating a new sectional manufactured
home for a sales office, on the following described property for an
indefinite period of time:
A part of Out Lot No. 81, 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 the Southwest corner of Outlot No. 81;
thence along the West line of Outlot No. 81, North 07°
12 ' 00" East, 933 . 03 feet to a point on the North right-
of-way line of Missouri State Route 74 ; thence along said
right-of-way line North 78° 29' 00" East, 1824 . 09 feet to
the True Point of Beginning; thence continuing along said
right-of-way line, North 78° 29' 00" East, 434 . 38 feet;
thence leaving said right-of-way line, North 11° 81' 00"
West, 650. 00 feet to a point on the North line of a tract
of land as recorded in the land records of the County
Recorder's Of f ice in Book No. 4 57 at Page No. 7 2 8; thence
along the North line of the aforesaid tract, South 78°
29' 00" West, 434 . 38 feet; thence leaving said North
line, South 11° 31' 00" East, 650. 00 feet to the point of
beginning, containing 8 .48 acres more or less 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:
l. 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
six (6) 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
, 19
J. Ronald Fischer, City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , before me
appeared J. Ronald Fischer, 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, 1996