HomeMy WebLinkAboutOrd.1678.02-06-1995 r
BILL NO. 95-29 ORDINANCE NO. j;�r��y
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
KUSS LAND DEVELOPMENT CO. , FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A RACE
TRACK FOR GO CARTS AT 610 SOUTH COMMERCIAL
STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Kuss Land Development Co. is the owner of certain
property in the City of Cape Girardeau, on which it desires to
construct, maintain and operate a race track for go carts; and
WHEREAS, the proposed location of said race track is 610 South
Commercial Street, which property is presently zoned M-1, Light
Industrial District; and
WHEREAS, a Special Use Permit is required for said use in a
M-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 constructing,
maintaining and operating a race track for go carts, on the
following described property:
Part of Out Lot 86, Survey 2199 , Township 30 North, Range
13 East, in the City and County of Cape Girardeau,
Missouri, containing 3 . 003 acres (more or less) ,
described as follows: Commence at the Southeast corner
of said Out Lot 86 (stone) ; thence North 6° 06' East
along the East line of said Out Lot 86, 574 . 22 feet to
the Point of Beginning; thence North 83 ° 54 ' West, 205.28
feet; thence North 5° 50' East, 134 . 94 feet; thence North
84° 10' West, 378. 57 feet to the East line of Commercial
Street; thence North 10° 37' East along the East line of
Commercial Street, 210. 0 feet; thence South 79° 23 ' East,
540. 0 feet; thence South 6° 06' West, 140. 0 feet; thence
South 83° 54' East, 29. 61 feet to the East line of said
Out Lot 86; thence South 6° 06' West along the East line
of said Out Lot 86, 160. 0 feet to the point of beginning.
Subject to all easements, rights of way, restrictions and
licenses affecting same, either written or implied.
is hereby granted to Kuss Land Development Co. , 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 l'i' �`f� DAY OF - ' , 19 ��.
A. . Sp adling, II , Mayor
ATTEST:
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�r��:�.�.t�i���! 7`��`�'�''f�//J�.
Gay1��L. Conrad
Deputy City Clerk
SPECIAL USE PERMTr
Kuss Land Development Co. , P. O. Box 272 , Cape Girardeau, MO
63702-0272, is hereby granted a Special Use Permit for purposes of
constructing, maintaining and operating a race track for go carts,
on the following described property for an indefinite period of
time:
Part of Out Lot 86, Survey 2199 , Township 30 North, Range
13 East, in the City and County of Cape Girardeau,
Missouri, containing 3 . 003 acres (more or less) ,
described as follows: Commence at the Southeast corner
of said Out Lot 86 (stone) ; thence North 6° 06' East
along the East line of said Out Lot 86, 574 . 22 feet to
the Point of Beginning; thence North 83° 54 ' West, 205. 28
feet; thence North 5° 50' East, 134 . 94 feet; thence North
84° 10' West, 378. 57 feet to the East line of Commercial
Street; thence North 10° 37' East along the East line of
Commercial Street, 210. 0 feet; thence South 79° 23 ' East,
540. 0 feet; thence South 6° 06' West, 140. 0 feet; thence
South 83° 54 ' East, 29 . 61 feet to the East line of said
Out Lot 86; thence South 6° 06' West along the East line
of said Out Lot 86, 160. 0 feet to the point of beginning.
Subject to all easements, rights of way, restrictions and
licenses affecting same, either written or implied.
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
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.
5. Design of the track to be as submitted with Application,
with track having a hard surface, as described in the
information received January 11, 1995.
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