HomeMy WebLinkAboutOrd.5789.11-04-2024 BILL NO. 24-101 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
RONI' S MAC BAR FOR THE PURPOSES OF
CONSTRUCTING, MAINTAINING, AND OPERATING A
RESTAURANT DRIVE-THROUGH AT 716 AND 718
BROADWAY, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Semo Cardinal Group LLC is the owner of certain
property on which Roni' s Mac Bar desires to construct, maintain,
and operate a restaurant drive-through for an indefinite period of
time, said property being located at 716 and 718 Broadway, in the
City of Cape Girardeau, Missouri; and
WHEREAS, said property is presently zoned CBD, Central
Business District and DCC, Downtown Commercial Corridor District;
and
WHEREAS, a Special Use Permit is required for a restaurant
drive-through in the CBD, Central Business 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 a restaurant drive-
through in the City of Cape Girardeau, Missouri, located on the
following-described property:
716 and 718 Broadway
All of Lot Numbered Two (2) , of Thompson Subdivision as
recorded in Plat Book 24 at Page 71 in the land records of
the County Recorder' s Office, in the City and County of Cape
Girardeau, State of Missouri.
is hereby granted to Roni' s Mac Bar, to be effective ten (10) days
after the date of passage and approval of this ordinance. The
1
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 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 . Attached hereto as Exhibit C is the Alleyway
depicting the proposed traffic patterns allowing one way and two
way traffic.
ARTICLE 5 . This ordinance shall be in full force and effect
ten (10) days after its passage and approval.
PASSED AND APPROVED THIS 44441DAY OF November , 2024 .
Stacy Ki ayor
ATTEST:
Traci Weissmueller, Deputy City Clerk W
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SEAL
2
Exhibit A
SPECIAL USE PERMIT
Roni' s Mac Bar is hereby granted a Special Use Permit for the
purposes of constructing, maintaining, and operating a restaurant
drive-through at 716 and 718 Broadway, in the City of Cape
Girardeau, Missouri, on the following-described property for an
indefinite period of time:
All of Lot Numbered Two (2) of Thompson Subdivision as
recorded in Plat Book 24 at Page 71 in the land records of
the County Recorder' s Office, 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 .
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 twelve (12) months
from the date of issuance if the building permit for said
special use has not been issued. If the building permit is
issued within this time frame and later expires due to lack
of progress, then this permit shall automatically expire upon
the expiration of the building permit .
4 . This permit is not transferable without the approval of the
City Council.
NOW, THEREFORE, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this 15fh day of
November 2024 .
Dr. Ke eta/ Raskin, City Manager
ATTEST:
G �
Ov �
Gayl Conrad, City Clerk ��
HErA
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3EpL
STATE OF MISSOURI )
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COUNTY OF CAPE GIRARDEAU )
G� ' 1
BE 3, I�T�� ,/REMEMBERED, that on this 1 ` da of
y
2024, before me personally appeared Dr.
Kenneth Haskin, who, being by me duly sworn, did state that he is
the City Manager of the City of Cape Girardeau, Missouri, a
municipal corporation organized and existing under the laws of the
State of Missouri, that the seal affixed to the foregoing
instrument is the seal of said City, that said instrument was
signed and sealed on behalf of said City by authority of its City
Council, and that he acknowledged said instrument to be the free
act and deed of said City.
IN WITNESS 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.
Aary �lubilic
My Commission Expires : _
Masada L.McMwey
Notary ftbli.c Notoay Seal
��ll STAVE OF Y-,1SS0UW
Conmimiosaed 1'as Cape Girardeau
My CosrauaWou ire;:313/2026
ID 0 14588193
Exhibit B
(IF APPROVED)
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of Noyem b r 2024, the Cape Girardeau City
Council considered the application for a Special Use Permit dated August 22,
2024 filed by Todt Roofing & Construction for the property located at 716 and
718 Broadway, Cape Girardeau, Missouri, for the purposes of constructing,
maintaining, and operating a restaurant drive-through for an indefinite period
of time.
In examining said application, the following factors were considered and
findings were made, as follows:
City Council Findings:
The proposed Special Use, with the stated conditions, would:
Yes No N/A
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, and the testimony, exhibits and
file contents, the City Council duly deliberated the facts pertaining to the
proposed Special Use and issued the following conclusion:
THE APPLICATION IS:
Approved
Denied
X Approved subject to the conditions stated in the attached Special
Use Permit
CITY OF CAPE GIRARDEA MISSOURI
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Stacy Ki r,eMa or
ATTEST:
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Gayl Conrad, City Clerk 0 `"
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