HomeMy WebLinkAboutOrd.5742.03-18-2024 BILL NO. 24-30 ORDINANCE NO. 57q 3,
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
MIDAMERICA HOTELS CORPORATION FOR THE PURPOSES
OF CONSTRUCTING, MAINTAINING, AND OPERATING TWO
BILLBOARDS AT 2567 AND 2649 VETERANS MEMORIAL
DRIVE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Midamerica Hotels Corporation is the owner of certain
property and desires to construct, maintain, and operate two
billboards for an indefinite period of time on its property located
at 2567 and 2649 Veterans Memorial Drive, in the City and County of
Cape Girardeau, Missouri; and
WHEREAS, said property is presently zoned C-2, Highway
Commercial District; and
WHEREAS, a Special Use Permit is required for said use in the
C-2, Highway Commercial District.
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, or fire
hazards, nor will it 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 the purposes of
constructing, maintaining, and operating two billboards in the City
and County of Cape Girardeau, Missouri, located on the following
described property:
2567 and 2649 Veterans Memorial Drive
All of Lot #4C of Midamerica Crossings Second Subdivision as
recorded in Document Number 2019-06481 of the county land
records, in the City and County of Cape Girardeau, State of
Missouri.
is hereby granted to Midamerica Hotels Corporation, to be effective
ten (10) days after the date of passage and approval of this
ordinance. The special use shall 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
1
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 authorized to execute the Special Use Permit for and on
behalf of the City of Cape Girardeau, Missouri .
ARTICLE 3. Attached hereto as Exhibit B is the formal
Findings and Conclusions of the City Council.
ARTICLE 4 . This ordinance shall be in full force and effect
ten (10) days after its passage and approval.
PASSED AND APPROVED THIS Igo DAY OF ftref , 2024 .
,...:_____C
Stacy Ki e , ayor
ATTEST:
4:6 , ,e a,
Gayle (
. Conrad, City Clerk
,
.;t;t04.0\4.vri..„,ut;71.:imi4:40.. 41,s,/,;
i:*I tilt:1144 WI 1
ifi
2
Exhibit A
SPECIAL USE PERMIT
Midamerica Hotels Corporation is hereby granted a Special Use
Permit for the purposes of constructing, maintaining, and operating
two billboards at 2567 and 2649 Veterans Memorial Drive, in the
City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time:
All of Lot #4C of Midamerica Crossings Second Subdivision as
recorded in Document Number 2019-06481 of the county land
records, in the City and County of Cape Girardeau, State of
Missouri.
This Special Use Permit is granted upon the condition that the
grantee be bound by all City ordinances pertaining to the Special
Use Permit and that the grantee be bound by the following special
conditions that are imposed as a condition of issuance of this
Special Use Permit. Upon the failure of the grantee to comply with
these special conditions, the Special Use Permit shall
automatically terminate and the City shall have the right to enter
upon the land to abate such special use.
SPECIAL CONDITIONS:
1 . The special use authorized by this permit shall comply with
all applicable laws and regulations except as provided for
herein.
2 . Major modifications to said special use (including, but not
limited to, the site plan) shall require the approval of the
City Council.
3 . This permit shall automatically expire 12 months from the date
of issuance if the building permit for said special use has
not been issued.
4 . This permit is not transferable without the approval of the
City Council.
5 . Jansco Outdoor Advertising may carry out the special use
authorized by this permit.
6. An exception from Section 25-109 (4) of the City Code is hereby
granted as a part of this permit . No portion of the
northernmost billboard shall be located within 10 feet of the
Interstate 55 right-of-way. No portion of the southernmost
billboard shall be located within 20 feet of the Interstate 55
right-of-way.
7 . An exception from Section 25-109 (8) of the City Code is hereby
granted as a part of this permit. Each billboard sign face
shall not exceed 16 feet in height or 50 feet in length. Each
billboard shall be limited to a sign face area of 800 square
feet per sign face and 1, 600 square feet total.
8 . An exception from Section 25-109 (9) of the City Code is hereby
granted as a part of this permit. The overall height of each
billboard shall not exceed 44 feet.
IN WITNESS WHEREOF, the City Manager of the of Cape
Girardeau Missouri, affixes his signature this J��� Yr- day of
, 2024 .
Y.. Kenn Hask , City Manager
ATTEST:
..261,,Gayl . Conrad, City Clerk =Aeafai ,, ,
� ~ , ,
s
► Cuv
fof-
,h .to-.
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of fiNth , 2024, before me
appeared Dr. Kenneth Haskin, 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 said instrument was signed and
sealed on 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.
('J1 )'1 jolin '
No ar Public
My Commission Expires :
243\
L,' aacto
Amanda L.McKim y
Notary Public-Notary Seal
co STATE OF MISSOURI
commissioned for Cape Girardeau
y Commission Expires:3/3/2026
IID#14.58%'x.93
Exhibit B
(IF APPROVED)
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 1g - day of P reel , 20,:21-1 , the Cape Girardeau City
Council considered the application for a Special Use Permit dated January 17,
2024 filed by Midamerica Hotels Corporation for the property located at 2567 and
2649 Veterans Memorial Drive, Cape. Girardeau, Missouri, for the purposes of
constructing, maintaining, and operating two billboards for an indefinite period
of time.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
City Council Findings:
The Proposed Special Use, 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
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 30-104
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 the attached Special Use Permit
CITY OF CAPE GIRARDEAU, MIS OURI
VI
f ( ;!.';'0D Olt4r4litt M! Stacy Kinder, Ma or ivi
rt
AT i.T:
AnkAg
Gayle Conra , City Clerk