HomeMy WebLinkAboutOrd.5869.2025-10-20BILL NO. 25-105
ORDINANCE NO. 590
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
MICHAEL MORROW FOR THE PURPOSES OF
CONSTRUCTING, MAINTAINING, AND OPERATING A
VEHICLE TIRE SALES, SERVICE AND REPAIR FACILITY
ON PROPERTY LOCATED AT 401 AND 415 SOUTH SPRIGG
STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Pecksley's Property LLC is the owner of certain
property on which Michael Morrow desires to construct, maintain,
and operate a vehicle tire sales, service and repair facility for
an indefinite period of time, said property being located at 401
and 415 South Sprigg Street, in the City of Cape Girardeau,
Missouri; and
WHEREAS, said property is presently zoned CBD, Central
Business District; and
WHEREAS, a Special Use Permit is required for a vehicle tire
sales, service and repair facility 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 vehicle tire sales,
service and repair facility in the City of Cape Girardeau,
Missouri, located on the following -described property:
401 AND 415 SOUTH SPRIGG STREET
All of Lot 58, Range "I" in the City of Cape Girardeau,
Missouri and all of the East 80 feet of Lot 59 in Range "I"
in the City of Cape Girardeau, Missouri, fronting 80 feet on
Morgan Oak Street by a depth of 91 '-� feet on Sprigg Street
more particularly described as follows: Beginning at the
Northeast corner of Lot 59 in Range "I" of said City, running
11
thence West along the South line of Morgan Oak Street 80 feet;
thence South parallel with Sprigg Street 91 '-� feet to the
South line of said Lot 59; thence East with the South line of
said lot, 80 feet to Sprigg Street; and thence North along
the West line of Sprigg Street 91 '-� feet to the place of
beginning.
is hereby granted to Michael and Leslie Morrow, 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
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 �0� DAY OF ®&&&'v , 2025.
ATTEST:
" 64A
Courtney Davis, Deputy City Clerk
K,
Ix �-'Q
Stacy Kin r, M yor
Exhibit A
SPECIAL USE PERMIT
Michael Morrow is hereby granted a Special Use Permit for the
purposes of constructing, maintaining, and operating a vehicle
tire sales, service and repair facility at 401 and 415 South Sprigg
Street, in the City of Cape Girardeau, Missouri, on the following -
described property for an indefinite period of time:
All of Lot 58, Range "I" in the City of Cape Girardeau,
Missouri and all of the East 80 feet of Lot 59 in Range
"I" in the City of Cape Girardeau, Missouri, fronting 80
feet on Morgan Oak Street by a depth of 91 ;,� feet on
Sprigg Street more particularly described as follows:
Beginning at the Northeast corner of Lot 59 in Range "I"
of said City, running thence West along the South line
of Morgan Oak Street 80 feet; thence South parallel with
Sprigg Street 91 '-� feet to the South line of said Lot
59; thence East with the South line of said lot, 80 feet
to Sprigg Street; and thence North along the West line
of Sprigg Street 91 ;-� feet to the place of beginning.
This Special Use Permit is granted upon the condition that
the grantees be bound by all City ordinances pertaining to the
Special Use Permit and that the grantees 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 grantees 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 (and/or
any other required permit) for said special use has not
been issued. If the building permit (and/or any other
required 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 said
permit(s).
4. This permit is not transferable without the approval of
the City Council.
5. Prior to occupancy, the tracts comprising the property
shall be combined into a single lot via a record plat.
6. A minimum of eight (8) off-street parking spaces shall be
provided in accordance with Chapter 25, Article II of the
City Code.
7. New and expanded vehicle parking and maneuvering areas
shall be paved in accordance with Section 25-49(c) of the
City Code.
8. Landscaping shall be provided in accordance with Chapter
25, Article VIII of the City Code.
9. Bufferyards shall be provided in accordance with Chapter
25, Article VIII of the City Code.
1O.New and replacement exterior lighting shall comply with
Chapter 25, Article III of the City Code.
ll.Signage shall comply with Chapter 25, Article V of the
City Code.
12.A CBD Design Standards Approval Application shall be
submitted for the exterior building alterations in
accordance with Section 30-65 of the City Code.
13.All storage of merchandise, materials, products and
equipment, and waste containers, shall be within a fully
enclosed building or in an open yard so screened that the
items being stored are not visible from the street or any
adjacent property. The final design of the screening shall
be subject to approval by the City staff.
14. All vehicles shall be parked in an orderly manner and shall
not impede vehicular or pedestrian access.
15.Wrecked vehicles shall be prohibited. Vehicles visible
from the street or any adjacent property shall not have
missing wheels or tires except for vehicles in the service
bays within the building.
NOW, THEREFORE, the City Manager of
Girardeau, Missouri, affixes his signature
2025.
Dr. Ken e Askin, City Manager
theCit of Cape
this day of
Courtney Davis, Deputy City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
S�
I REMEMBERED that on this day of
2025, 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 Girardau, Missouri, the
day and year first above written.
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Exhibit B
(IF APPROVED)
CITY OF CAPE GIRARDEAU, MISSOURI
- CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this PLS/ day of OekLct— 2025, the Cape Girardeau City
Council considered the application for a Special Use Permit dated August 13,
2025 filed by Michael Morrow for the property located at 401 and 415 South
Sprigg Street, Cape Girardeau, Missouri, for the purposes of constructing,
maintaining, and operating a vehicle tire sales, service and repair facility
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:
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
Use Permit
ATTEST:
to the conditions stated in the attached Special
60tiaX&&VO-)
el -
Courtney Davis, Deputy City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
Stacy Kinde , J yor
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
Use Permit
ATTEST:
to the conditions stated in the attached Special
60tiaX&&VO-)
el -
Courtney Davis, Deputy City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
Stacy Kinde , J yor