HomeMy WebLinkAboutOrd.1680.02-21-1995 Y
BILL NO. 95-25 ORDINANCE NO.
AN ORDINANCE GRANTING AN AMENDMENT TO
ORDINANCE 1565 WHICH GRANTED A SPECIAL USE
PERMIT TO BOYD MISSOURI, INC. , FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING LAND
SIDE SUPPORT FACILITIES AND PARKING FOR AN
EXCURSION RIVERBOAT GAMING VESSEL, SAID
AMENDMENT TO INCLUDE PROPERTY AT 438 NORTH
SPANISH STREET AND A VACANT LOT SOUTH OF 438
NORTH SPANISH STREET TO BE USED FOR PATRON
PARKING, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Boyd Missouri, Inc. is the owner of certain property
in the City of Cape Girardeau, on which it desires to construct,
maintain and operate land side support facilities and parking for
an excursion riverboat gaming vessel; and
WHEREAS, the proposed location of said facilities is in
downtown Cape Girardeau, which property is presently zoned C-3,
Central Business District; and
WHEREAS, a Special Use Permit is required for said use in a
C-3 zone; and
WHEREAS, Ordinance No. 1565 was passed July 18, 1994 , granting
a Special Use Permit for these purposes and Boyd Missouri, Inc.
desires to amend said Special Use Permit to include additional
property;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE l. The City Council having duly considered the
application finds that the granting of the Amended 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 . The Special Use Permit granted July 18, 1994, by
Ordinance No. 1565, for purposes of constructing, maintaining and
operating land side support facilities and parking for an excursion
riverboat gaming vessel, is hereby amended to include the following
described property, said property to be used for patron parking:
Vacant Lot Located at 438 North Spanish Street and the
Vacant Lot South of the Alley on the South Side of 438
North Spanish Street, more particularly described as
follows:
All of Lot 6, Block 3 , that part of Block 2 , that part of
a 10 foot alley separating Lots 1 and 6 of Block 3
vacated by Ordinance 386 and that part of a 10 foot alley
separating Block 2 and 3 to be vacated by the City of
Cape Girardeau of the Ranney Place Addition to the City
of Cape Girardeau, Missouri, and more particularly
described as follows:
Begin at the Southwest corner of Lot 1, Block 3 ; thence
North 83° 54' 56" West, 145. 00 feet; thence North 06° 14'
34" East, 165. 00 feet; thence South 83° 54 ' S6" East,
145. 00 feet; thence South 06° 14 ' 34" West, 165. 00 feet,
to the Place of Beginning and containing 23 , 925 square
f eet.
Said Amendment to said Special Use Permit is hereby granted to Boyd
Missouri, Inc. , 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 . This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS ������';;� DAY OF ���,� �.�,s,,� :� , 19 %�=-' .
A. M. Spradling, II , Mayor
ATTEST:
�:' � : ) C.e:%l,�/G�n
`Gayl� L. Conrad
Deputy City Clerk
!
AMENDED SPECIAL USE PERMIT
The Special Use Permit issued to Boyd Missouri, Inc. , 110
Themis, Cape Girardeau, MO 63701, on July 18 , 1994 , by Ordinance
No. 1565, for purposes of constructing, maintaining and operating
land side support facilities and parking for an excursion riverboat
gaming vessel, is hereby amended to include the following described
property to be used for patron parking for an indefinite period of
time:
Vacant Lot Located at 438 North Spanish Street and the
Vacant Lot South of the Alley on the South Side of 438
North Spanish Street, more particularly described as
follows:
All of Lot 6, Block 3 , that part of Block 2 , that part of
a 10 foot alley separating Lots 1 and 6 of Block 3
vacated by Ordinance 386 and that part of a 10 foot alley
separating Block 2 and 3 to be vacated by the City of
Cape Girardeau of the Ranney Place Addition to the City
of Cape Girardeau, Missouri, and more particularly
described as follows:
Begin at the Southwest corner of Lot 1, Block 3 ; thence
North 83° 54' 56" West, 145. 00 feet; thence North 06° 14'
34" East, 165. 00 feet; thence South 83 ° 54 ' 56" East,
145. 00 feet; thence South 06° 14 ' 34" West, 165. 00 feet,
to the Place of Beginning and containing 23 , 925 square
feet.
This Amended 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. All terms, provision and conditions contained in the
Special Use Permit granted July 18 , 1994 , by Ordinance
No. 1565 shall remain in full force and effect.
• � �
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