HomeMy WebLinkAboutOrd.1565.07-18-1994 , �- - r
BILL NO. 94-157 ORDINANCE NO. '-?(�"_..�
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
BOYD MISSOURI, INC. ; DOWNTOWN PARKING, INC. ;
KIDD OIL COMPANY; CAPE GIRARDEAU DOWNTOWN
INVESTMENT COMPANY; J. D. MAIN; AND KEITH
HUCKSTEP, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING LAND SIDE SUPPORT
FACILITIES AND PARKING FOR AN EXCURSION
RIVERBOAT GAMING VESSEL IN DOWNTOWN CAPE
GIRARDEAU, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Boyd Missouri, Inc. ; Downtown Parking, Inc. ; Kidd Oil
Company; Cape Girardeau Downtown Investment Company; J. D. Main;
and Keith Huckstep are the owners of certain property in the City
of Cape Girardeau, on which they desire 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 M-2 , Heavy Industrial District; and
WHEREAS, a Special Use Permit is required for said use in C-3
and M-2 zones;
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 land side support facilities and parking
for an excursion riverboat gaming vessel, on the following
described property:
700 and 800 Block North Main Street (Old Shoe Factorv Site) ,
more particularly described as follows:
Al1 of that part of Lots 39, 40, 41, 42, 43 , 44 , 45, and 46,
Range "O" . Also part of Outlot 32 in Range "E" , known as the
old "Mill Lot" , also all of that part of what was formerly
designated as Pearl Street and Water Street in the City of
Cape Girardeau, Missouri, more particularly described as
follows:
Commence at the Northwest corner of Lot No. 46, Range "O" , in
the City of Cape Girardeau; thence South 84° 09' 59" East,
36. 00 feet, to the place of beginning; thence with the East
right-of-way line of Main Street South 5° 50' O1" West, 480. 09
feet; thence along the arc of a curve to the left having a
radius of 471. 00 feet, a distance of 88 . 06 feet; thence South
04° 52' 42" East, 100.75 feet, to the Point of Curvature of a
Curve to the right, said curve having a radius of 529 . 00 feet,
a distance of 73 .94 feet, to a point on the North line of Mill
Street; thence with said North Line, South 84° 09' S9" East,
118 . 00 feet; thence North 6° 16' 36" East, 14 . 06 feet; thence
South 83° 48' 11" East, 70. 06 feet, to a point on the West
line of the Burlington Northern Railroad; thence North 17° 18'
03" East, 442 . 68 feet, to the point of Curvature of a curve to
the right having a radius of 1695. 02 feet; thence along the
arc of said Curve, a distance of 305.73 feet; thence North 84°
09' S9" West, 399. 14 feet, to the Place of Beginning and
Containing 4 . 97 Acres, more or less.
400 Block North Main Street 300 Block North Main Street, _200
Block North Main Street including 230, 220, and 212 North Main
Street, more particularly described as follows:
All of that part of Lots 1, 2 , and 3, Range K, and all of that
part of Lots 1, 2, and 3 of Range F, and all of Lots 1, 2 , and
3 of Range E, and that part of Vacated Broadway, Water Street,
and North Street, all within the original Town of Cape
Girardeau, Missouri, and being more particularly described as
follows:
Begin at the Northeast corner of Broadway and Main Streets,
said point being also the Southwest corner of Lot No. 1 of
Range E; thence with the East line of Main Street, North 6°
14' 34" East, 1287 . 95 feet, to the Northwest corner of the
South 55 feet of Lot No. 3 of said Range K; thence with the
North line of said South 55 feet, South 83° 44' 44" East,
97 .80 feet; thence South 6° 14' 34" West, 20. 60 feet; thence
North 83° 44 ' 44" West, 1. 50 feet; thence South 6° 14' 34"
West, 129 . 40 feet; thence South 83° 44' 44" East, 14 .78 feet,
to a point on the Westerly right-of-way line of the Burlington
Northern Railroad, 8 feet normal and opposite from the
centerline of the main track of said railroad; thence with
said West right-of-way line, South 7° 28' 06" West, 95. 02
feet, to a point on the North line of vacated North Street, as
vacated by Ordinance No. 2515; thence with said North line,
North 83° 44' 44" West, 2 . 00 feet; thence continuing with the
West line of said railroad, 10 feet opposite to and parallel
with the centerline of the main track, South 7° 28' 06" West,
109 . 13 feet, to the point of curvature of a curve to the left,
said curve having a radius of 1750. 0 feet; thence along the
arc of said curve a distance of 114 . 19 feet, to the
intersection of the West right-of-way line of said railroad
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and the East line of said Range F; thence with the East line
of Range F, South 6° 14 ' 34" West, 296. 32 feet, to the
Southeast corner of Lot No. 1 of said Range "F" ; thence South
18° 46' 19" East, 66.22 feet, to the Northeast corner of Lot
No. 3 of Range E; thence with the East line of said Range E,
SOuth 6° 14� 34" WeSt� 364 . 35 feet; thence SOuth 83° 44� 44"
East, 4 . 0 feet; thence South 6° 14 ' 34" West, 102 .7 feet;
thence North 83° 44' 44" West, 73 . 08 feet; thence North 6° 14'
34" East, 3 .7 feet, to a point on the North right-of-way line
of Broadway Street; thence with said North line, North 83° 44'
44" West, 64 . 92 feet, to the pont of beginning and containing
149,808 sq. ft. , or 3 . 44 acres, more or less.
132 North Main Street and 133 North Water Street (Buckner-
Ragsdale Buildinct) , more particularly described as follows:
All that part of Lot Two (2) in Range "D" and that part of
Water Street vacated by Cape Girardeau, CMO No. 789, in the
City of Cape Girardeau, State of Missouri, described as
follows:
Begin at the Northwest corner of said Lot 2 ; thence South
along Main Street, 46 feet, 8 inches; thence East parallel
with Broadway Street 137 feet, 5 inches; thence North parallel
to Water Street 46 feet, 8 inches; thence West parallel with
Broadway 137 feet, 5 inches to the Point of Beginning.
Also, the South 23 feet, 6 inches of the East 54 feet of Lot
Two (2) in Range "D" and the North 21 feet, 4 inches of the
East 67 feet of Lot One (1) in Range "D", the second described
tract being Lot 4 of the Commissioner's Subdivision of the
North 88 feet of Lot 1 in Range "D" belonging to the Estate of
Franklin Cannon, deceased, all in the City of Cape Girardeau,
Missouri.
Also, all that portion of North Water Street (also known as
Front Street) fronting and abutting on the Northeast part of
Lot 1 in Range "D" in said City of Cape Girardeau, which said
Northeast part of Lot 1 fronts 21 feet, 4 inches on Water
Street by a depth of 67 feet and the Southeast portion of Lot
2 in Range "D" in said City, which said Southeast part of Lot
2 fronts 23 feet, 6 inches on said Water Street by a depth of
54 feet; said strip being 3 feet, 6 inches in width East and
West, by forty-four (44) feet, 10 inches North and South.
231 North Main Street, more particularly described as follows:
All that part of Lot numbered Five (5) in Range "E" ; also the
South half of Lot Six (6) in Range "E" in the City of Cape
Girardeau, Missouri, described as follows: Beginning at the
Southeast corner of said Lot 6; thence North along Main
Street, 101. 405 feet; thence West parallel with the North
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Boundary line of said Lot 6, 214 . 3 feet to Spanish Street;
thence South along Spanish Street, 110.405 feet to the
Northwest corner of said Lot 5; thence South along Spanish
Street 30 feet; thence East parallel with Harmony Street, 100
feet; thence North parallel with Spanish Street, 56 feet;
thence East parallel with Harmony Street 114 . 33 feet; thence
North parallel with Main Street, 4 feet to the Point of
Beginning.
535 North Main Street and Vacant Lots South of Said Address,
more particularly described as follows:
All of Lot No. 1, Block 3; Al1 of Lot 5, Block 1; the South 11
feet of Lot 4, Block 1; and that part of Block 2 and a 10 foot
alley separating Blocks 2 and 3, still existing, and that part
of a 10 foot alley separating Blocks 1 and 2 vacated by Cape
Girardeau CMO #385, All in Ranney Place Addition to the City
of Cape Girardeau, and more particularly described as follows:
Begin at the Southeast corner of the said Lot One of Block 3 ;
thence North 83° 54' 56" West, 140. 00 feet; thence North 6°
14' 34" East, 233 . 00; thence South 83° 54' 06" East, 140. 00
feet, to a point on the West line of Main Street; thence with
said West line, South 6° 14' 34" West, 233 . 00 feet, to the
Place of Beginning and Containing 32 , 620 sq. ft.
201 and 203 North Spanish Street, more particularly described
as follows:
Part of Lots numbered Seven (7) and Eight (8) in Range "E", in
the City of Cape Girardeau, Missouri, described as follows:
Beginning at the Northeast corner of Lot 7 in Range "E" and
run North with the West line of Spanish Street, a distance of
1. 67 feet; thence West, parallel with the North line of Lot 7,
a distance of 178 feet; thence South parallel with the West
line of Spanish Street, 50. 17 feet; thence East, parallel with
the North line of Lot 7, 178 feet; thence North with the West
line of Spanish Street 48 Z feet to the place of beginning.
Also, part of the North Half (N 2) of Lot Seven (7) in Range
"E" in the City of Cape Girardeau, Missouri, described by
metes and bounds as follows, to-wit: Beginning at a point on
the West line of Spanish Street, 48 2 feet South of the
Northeast corner of Lot 7 in Range "E" of said City, and run
thence West, parallel with Broadway Street, 178 feet; thence
North parallel with Spanish Street, 48 2 feet to the North
line of said Lot 7, in Range "E" ; thence West, with the North
line of said Lot, 10. 82 feet to the Northwest corner of said
Lot 7, in Range "E"; thence South with the West line of said
Lot 7, 115. 88 feet to the Southwest corner of the North Half
(N Z) of Lot 7 in Range "E" ; thence East parallel with
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Broadway Street, 188. 82 feet to the Southeast corner of the
North Half of Lot 7 in Range "E"; thence North along the West
line of Spanish Street, 67 . 33 feet to the point of beginning.
Also, that part of Lot Eight (8) in Range "E" in the City of
Cape Girardeau, Missouri, described as follows: Beginning at
a point on the East line of Lot 8, a distance of 1. 67 feet
North of the Southeast corner of said Lot 8 for a beginning
point; thence run North along the West line of Spanish Street,
a distance of 88 . 32 feet; thence West, parallel with Bellevue
Street, 158 . 82 feet; thence South parallel with Spanish
Street, 88 . 32 feet; thence East parallel with Broadway Street,
158.82 feet to Spanish Street, the point of beginning.
A Small Outivinci Lot in the 200 Block of North Spanish Street
on the East Side of Spanish Street, more particularly
described as follows:
All that part of Lot Numbered Five (5) in Range"E" in the City
of Cape Girardeau and State of Missouri, more particularly
described as follows:
Beginning at the Northwest corner of Lot No. 4 , said corner
also being on the East right-of-way line of Spanish Street;
thence North 6° 39' 29" East, 100. 00 feet along the East
right-of-way line of Spanish Street; thence South 82° 49' 22"
East, 22 . 54 feet; thence South 6° 25' 22" West, 99.87 feet;
thence North 83° 9' 30" West, 22 . 95 feet to the point of
beginning.
is hereby granted to Boyd Missouri, Inc. ; Downtown Parking, Inc. ;
Kidd Oil Company; Cape Girardeau Downtown Investment Company; J. D.
Main; and Keith Huckstep, 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.
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ARTICLE 3 . This ordinance shall be in full force and effect
ten days after its passage and approval.
,;�
A.
PASSED AND APPROVED THIS � � DAY OF ' %1 f _, 19%�
l
A. . Spr dl ' g, III, May
ATTEST:
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r,,�c��✓ ,( t -, ��,-��,i s� a,
Gayle L. Conrad
Deputy City Clerk
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SPECIAL USE PERNII'r
Boyd Missouri, Inc. , 110 Themis, Cape Girardeau, MO 63701;
Downtown Parking, Inc. , Kent Zickfield, 107 North Main Street, Cape
Girardeau, MO 63701; Kidd Oil Company, Forest Kidd, 300 North Main
Street, Cape Girardeau, MO 63701; Cape Girardeau Downtown
Investment Company, David Knight, 333 North Main Street, Cape
Girardeau, MO 63701; J. D. Main, c/o Hecht's Store, 107 North Main
Street, Cape Girardeau, MO 63701; and Keith Huckstep, c/o Sinclair
Downtown, 212 North Main Street, Cape Girardeau, MO 63701, are
hereby granted a Special Use Permit for purposes of constructing,
maintaining and operating land side support facilities and parking
for an excursion riverboat gaming vessel, on the following
described property for an indefinite period of time:
700 and 800 Block North Main Street (Old Shoe Factorv Site) ,
more particularly described as follows:
Al1 of that part of Lots 39, 40, 41, 42, 43, 44, 45, and 46,
Range "O" . Also part of Outlot 32 in Range "E" , known as the
old "Mill Lot" , also all of that part of what was formerly
designated as Pearl Street and Water Street in the City of
Cape Girardeau, Missouri, more particularly described as
follows:
Commence at the Northwest corner of Lot No. 46, Range "O" , in
the City of Cape Girardeau; thence South 84° 09' S9" East,
36. 00 feet, to the place of beginning; thence with the East
right-of-way line of Main Street South 5° 50' O1" West, 480. 09
feet; thence along the arc of a curve to the left having a
radius of 471. 00 feet, a distance of 88. 06 feet; thence South
04° 52' 42" East, 100.75 feet, to the Point of Curvature of a
Curve to the right, said curve having a radius of 529 . 00 feet,
a distance of 73 .94 feet, to a point on the North line of Mill
Street; thence with said North Line, South 84° 09' S9" East,
118. 00 feet; thence North 6° 16' 36" East, 14 . 06 feet; thence
South 83° 48' 11" East, 70.06 feet, to a point on the West
line of the Burlington Northern Railroad; thence North 17° 18'
03" East, 442 . 68 feet, to the point of Curvature of a curve to
the right having a radius of 1695.02 feet; thence along the
arc of said Curve, a distance of 305.73 feet; thence North 84°
09' 59" West, 399. 14 feet, to the Place of Beginning and
Containing 4 .97 Acres, more or less.
400 Block North Main Street, 300 Block North Main Street, 200
Block North Main Street includinct 230 220 and 212 North Main
Street, more particularly described as follows:
All of that part of Lots 1, 2, and 3 , Range K, and all of that
part of Lots 1, 2, and 3 of Range F, and all of Lots 1, 2, and
3 of Range E, and that part of Vacated Broadway, Water Street,
and North Street, all within the original Town of Cape
Girardeau, Missouri, and being more particularly described as
follows:
Begin at the Northeast corner of Broadway and Main Streets,
said point being also the Southwest corner of Lot No. 1 of
Range E; thence with the East line of Main Street, North 6°
14' 34" East, 1287 .95 feet, to the Northwest corner of the
South 55 feet of Lot No. 3 of said Range K; thence with the
North line of said South 55 feet, South 83° 44' 44" East,
97 .80 feet; thence South 6° 14' 34" West, 20. 60 feet; thence
North 83° 44' 44" West, 1.50 feet; thence South 6° 14' 34"
West, 129.40 feet; thence South 83° 44' 44" East, 14 .78 feet,
to a point on the Westerly right-of-way line of the Burlington
Northern Railroad, 8 feet normal and opposite from the
centerline of the main track of said railroad; thence with
said West right-of-way line, South 7° 28' 06" West, 95.02
feet, to a point on the North line of vacated North Street, as
vacated by Ordinance No. 2515; thence with said North line,
North 83° 44' 44" West, 2.00 feet; thence continuing with the
West line of said railroad, 10 feet opposite to and parallel
with the centerline of the main track, South 7° 28' 06" West,
109. 13 feet, to the point of curvature of a curve to the left,
said curve having a radius of 1750.0 feet; thence along the
arc of said curve a distance of 114 . 19 feet, to the
intersection of the West right-of-way line of said railroad
and the East line of said Range F; thence with the East line
of Range F, South 6° 14' 34" West, 296. 32 feet, to the
Southeast corner of Lot No. 1 of said Range "F"; thence South
18° 46' 19" East, 66.22 feet, to the Northeast corner of Lot
No. 3 of Range E; thence with the East line of said Range E,
South 6° 14� 34'� West� 364. 35 feet; thence South 83° 44� 44"
East, 4. 0 feet; thence South 6° 14' 34" West, 102 .7 feet;
thence North 83° 44' 44" West, 73 .08 feet; thence North 6° 14'
34" East, 3 .7 feet, to a point on the North right-of-way line
of Broadway Street; thence with said North line, North 83° 44'
44" West, 64 .92 feet, to the pont of beginning and containing
149, 808 sq. ft. , or 3.44 acres, more or less.
132 North Main Street and 133 North Water Street (Buckner-
Ragsdale Buildinq) , more particularly described as follows:
Al l that part of Lot Two (2) in Range "D" and that part of
Water Street vacated by Cape Girardeau, CMO No. 789, in the
City of Cape Girardeau, State of Missouri, described as
follows:
Begin at the Northwest corner of said Lot 2 ; thence South
along Main Street, 46 feet, 8 inches; thence East parallel
with Broadway Street 137 feet, 5 inches; thence North parallel
to Water Street 46 feet, 8 inches; thence West parallel with
Broadway 137 feet, 5 inches to the Point of Beginning.
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Also, the South 23 feet, 6 inches of the East 54 feet of Lot
Two (2) in Range "D" and the North 21 feet, 4 inches of the
East 67 feet of Lot One (1) in Range "D" , the second described
tract being Lot 4 of the Commissioner's Subdivision of the
North 88 feet of Lot 1 in Range "D" belonging to the Estate of
Franklin Cannon, deceased, all in the City of Cape Girardeau,
Missouri.
Also, all that portion of North Water Street (also known as
Front Street) fronting and abutting on the Northeast part of
Lot 1 in Range "D" in said City of Cape Girardeau, which said
Northeast part of Lot 1 fronts 21 feet, 4 inches on Water
Street by a depth of 67 feet and the Southeast portion of Lot
2 in Range "D" in said City, which said Southeast part of Lot
2 fronts 23 feet, 6 inches on said Water Street by a depth of
54 feet; said strip being 3 feet, 6 inches in width East and
West, by forty-four (44) feet, 10 inches North and South.
231 North Main Street, more particularly described as follows:
Al1 that part of Lot numbered Five (5) in Range "E" ; also the
South half of Lot Six (6) in Range "E" in the City of Cape
Girardeau, Missouri, described as follows: Beginning at the
Southeast corner of said Lot 6; thence North along Main
Street, 101.405 feet; thence West parallel with the North
Boundary line of said Lot 6, 214. 3 feet to Spanish Street;
thence South along Spanish Street, 110.405 feet to the
Northwest corner of said Lot 5; thence South along Spanish
Street 30 feet; thence East parallel with Harmony Street, 100
feet; thence North parallel with Spanish Street, 56 feet;
thence East parallel with Harmony Street 114 . 33 feet; thence
North parallel with Main Street, 4 feet to the Point of
Beginning.
535 North Main Street and Vacant Lots South of Said Address,
more particularly described as follows:
All of Lot No. 1, Block 3; Al1 of Lot 5, Block 1; the South 11
feet of Lot 4, Block 1; and that part of Block 2 and a 10 foot
alley separating Blocks 2 and 3 , still existing, and that part
of a 10 foot alley separating Blocks 1 and 2 vacated by Cape
Girardeau CMO #385, All in Ranney Place Addition to the City
of Cape Girardeau, and more particularly described as follows:
Begin at the Southeast corner of the said Lot One of Block 3 ;
thence North 83° 54' 56" West, 140. 00 feet; thence North 6°
14' 34" East, 233 . 00; thence South 83° 54' 06" East, 140. 00
feet, to a point on the West line of Main Street; thence with
said West line, South 6° 14' 34" West, 233 . 00 feet, to the
Place of Beginning and Containing 32, 620 sq. ft.
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201 and 203 North Spanish Street, more particularly described
as follows:
Part of Lots numbered Seven (7) and Eight (8) in Range "E" , in
the City of Cape Girardeau, Missouri, described as follows:
Beginning at the Northeast corner of Lot 7 in Range "E" and
run North with the West line of Spanish Street, a distance of
1. 67 feet; thence West, parallel with the North line of Lot 7,
a distance of 178 feet; thence South parallel with the West
line of Spanish Street, 50. 17 feet; thence East, parallel with
the North line of Lot 7, 178 feet; thence North with the West
line of Spanish Street 48 Z feet to the place of beginning.
Also, part of the North Half (N ?) of Lot Seven (7) in Range
"E" in the City of Cape Girardeau, Missouri, described by
metes and bounds as follows, to-wit: Beginning at a point on
the West line of Spanish Street, 48 Z feet South of the
Northeast corner of Lot 7 in Range "E" of said City, and run
thence West, parallel with Broadway Street, 178 feet; thence
North parallel with Spanish Street, 48 Z feet to the North
line of said Lot 7, in Range "E" ; thence West, with the North
line of said Lot, 10.82 feet to the Northwest corner of said
Lot 7, in Range "E" ; thence South with the West line of said
Lot 7, 115.88 feet to the Southwest corner of the North Half
(N Z) of Lot 7 in Range "E"; thence East parallel with
Broadway Street, 188.82 feet to the Southeast corner of the
North Half of Lot 7 in Range "E"; thence North along the West
line of Spanish Street, 67. 33 feet to the point of beginning.
Also, that part of Lot Eight (8) in Range "E" in the City of
Cape Girardeau, Missouri, described as follows: Beginning at
a point on the East line of Lot 8, a distance of 1. 67 feet
North of the Southeast corner of said Lot 8 for a beginning
point; thence run North along the West line of Spanish Street,
a distance of 88. 32 feet; thence West, parallel with Bellevue
Street, 158.82 feet; thence South parallel with Spanish
Street, 88.32 feet; thence East parallel with Broadway Street,
158.82 feet to Spanish Street, the point of beginning.
A Small OutlYing Lot in the 200 Block of North Spanish Street
on the East Side of Spanish Street, more particularly
described as follows:
Al1 that part of Lot Numbered Five (5) in Range"E" in the City
of Cape Girardeau and State of Missouri, more particularly
described as follows:
Beginning at the Northwest corner of Lot No. 4, said corner
also being on the East right-of-way line of Spanish Street;
thence North 6° 39' 29" East, 100. 00 feet along the East
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East, 22 . 54 feet; , thence South 6° 25' 22" West, 99 . 87 feet;
thence North 83° 9' 30" West, 22 . 95 feet to the point of
beginning.
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
Special 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 wi11
automatically terminate and the City of Cape Girardeau shall have
the right to enter upon the land to abate such speci-al use.
SPECIAL CONDITIONS: - _ _
1. Additions to or modifications of the site plan herein
approved, in whole or in part, must be submitted by
application to, and approved by the City Council, subject
to public notice and hearing requirements as established
by State Statute and as may be specified by the City
Council. The City Council reserves the right to refer
any such application to the Planning and Zoning
Commission for recommendation.
2 . The Special Use approved shall also meet all applicable
zoning regulations.
3 . The Special Use includes, as a minimum, all parking
facilities proposed and planned by the developer, as
delineated in Attachment 1 hereto, as the minimum
required even though the number of spaces to be provided
may exceed the minimum required by City Ordinance.
4 . Plans for on-site and immediate-vicinity signage are
specifically subject to further review and approval by
the Planning and Zoning Commission and City Council prior
to any construction or installation. In reviewing said
plans, the City Council reserves the right to require
public notice and hearing.
5. This Special Use Permit shall automatically terminate and
be subject to reapplication in twelve (12) months from
the effective date of this Ordinance upon the failure to
develop the use of the land for which the Special Use
Permit has been issued. "To develop the use of the land"
means to acquire all necessary construction permits and
proceed at least to the point of grading, fill,
demolition or construction.
6. This Special Use Permit and the rights conferred herein
are not transferrable, in whole or in part, to any other
person, persons, corporation, partnership or other
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entity, without prior consent of the City Council. Any
request for transference of the rights herein granted
shall be submitted in writing in form and manner approved
by the City Attorney and addressed to the City Council.
Should any such request involve an addition to, or
modification of, the site plan or other Special
Conditions herein approved, the City Council reserves the
right to refer such changes to the Planning and Zoning
Commission for recommendation and shall be subject to
public notice and hearing requirements as established by
State Statutes or as may be specified by 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
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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
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ATTACHMENT 1
Boyd Missouri, Inc. et al., Special Use Permit
��w for Landside Support Facilities and Parking for
N��N an Excursion Riverboat Gaming Vessel
Special Conditions•
�RCJU��� Parkinq Schedule
INFORMAT'ION
ro Tom McPhason x�oM Dan Gacrlgan co�s
eao�cr Boyd Casino Cape Girardeau e[ta►�'xv�s�t
93101.80
S��' P��B aA�re 5-06-94 Rev.6-I-94
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bffiMORANDLIIv1 _ RbCORD�F DISGZJSSTON NOTE 7`0 B8 PJ1�D OTf tA32 �nrJF.ST POR INFIORMATIUN
Parking Required by Amcndmen�to che Zoning prdinance of We City of Cape Girardeau(B ill No.94-]00)
One and one-h�ilf(11l2)1paces for every two passengers.plas one(1)space per employee on -_
the maximuui sbift
Passengcrs: 1650.3Q0=1350 (10 buscs x 30 passengers=300)1350/2 x 1.5= 1013 spaces _
Employees on maxim�m shih(includiug 275 crew members on che boat)= 400 spaces
Toral number of required spaces= 1413
Paricing Provided as J6own on Reviscd Site Plan
Proposed Parking Garage= 339 spaces(Soutli Side of Departure Buildin�
Ad,yacent Surf�ace Parl�ng= 258spaces(Nor�Side of Deparwre Building)
Rcmote Par}�ng= S71 spaces(Old Shoc Factory Sioe,aIso inclndes 10 spaces far bu.ces)
Valet Par]cing- 75 spaces(acxosS Main Street) *Staff Note: 231 N. Main 5treet
Ov�rf]ow Pa,lciug= 114 spaces(West of Boaunan's Bank&Va]Ct E'arl:inp�
Overflow Parlcing- 76 spaees(N W.eo�nex of intersecliott of Main S�&Parlc Dr.) *Staf f Note: 535
North Main Street
Total number of spaces provideci= 1433