HomeMy WebLinkAboutOrd.4940.02-20-2017 •
BILL NO. 17-17 ORDINANCE NO. 040
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO COMMUNITY
COUNSELING CENTER, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING, AND OPERATING A RESIDENTIAL TREATMENT
FACILITY AT 2852 INDEPENDENCE STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Community Counseling Center is the owner of certain
property on which it desires to construct, maintain, and operate a
residential treatment facility at 2852 Independence Street, in the
City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said residential treatment
facility is 2852 Independence Street, Cape Girardeau, Missouri, and
which property is presently zoned R-4, Medium Density Multi-Family
Residential District; and
WHEREAS, a Special Use Permit is required for said use in the
R-4, Medium Density Multi-Family Residential 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, 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 the purposes of
constructing, maintaining, and operating a residential treatment
facility at 2852 Independence Street, located on the following
described property:
A tract of land being all of Lots 2, 3 and 4 of Crites
1st Addition and a part of Out Lot 82, in the City of
Cape Girardeau, Cape Girardeau County, Missouri, and
being more particularly described as follows:
Begin at a found 3/8 inch diameter iron rod marking the
southeast corner of said Lot 4, said point being on the
north line of Independence Street; thence with the north
line of said street, south 89 degrees 56 minutes 00
seconds west 300. 00 feet to a found 4 inch diameter iron
rod and the southwest corner of Lot 2 of said Crites
1
Addition; thence with the west line of said Lot; north 00
degrees 04 minutes 00 seconds west 220. 00 feet to a found
4 inch diameter iron rod marking the northwest corner of
said Lot 2; thence with the north line of said Lot north
89 degrees 56 minutes 00 seconds east 70. 00 feet to a
found 4 inch diameter iron rod; thence north 00 degrees
04 minutes 00 seconds west 212 . 95 feet to a found 4 rod
and a point on the south right of way line of existing
Whitener Street; thence with said south line, north 89
degrees 55 minutes 00 seconds east 230. 00 feet to a found
4 inch diameter iron rod; thence south 00 degrees 04
minutes 00 seconds east 432 . 95 feet to the place of
beginning.
is hereby granted to Community Counseling Center, 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, 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 given the power to execute the Special Use Permit for and
on behalf of the City of Cape Girardeau, Missouri .
ARTICLE 3. Attached hereto as Exhibit "B" and incorporated
herein by reference is the formal Findings and Conclusions of the
City Council.
ARTICLE 4 . This ordinance shall be in full force and effect
ten days after its passage and a al . �,
PASSED AND APPROVED THIS 7DAY OF .123?.Ze , 2017 .
1.,. /
Harry E. Re.iger, Ma 'or
ATTEST: v ir.,
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truce Tay er, Deputy City Clerk "ti, r �? '��
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Date of Document: February 22, 2017
Grantor(s) Name & Address: City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63703
RECORDER OF DEED
CAPE Ers°iPARDEAU COUNTY, Mai
RECORDED ON
03/06/2017 3�OM2 PM
REC RM 33.00
MGM a
Grantee(s) Name & Address: Community Counseling Center
402 South Silver Springs Road
Cape Girardeau, MO 63701
Legal Description: See Page 1 of Special Use Permit Document
_
SPECIAL USE PERMIT
Community Counseling Center is hereby granted a Special Use
Permit for the purposes of constructing, maintaining, and operating
a residential treatment facility at 2852 Independence Street, in
the City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time:
A tract of land being all of Lots 2, 3 and 4 of Crites
15t Addition and a part of Out Lot 82, in the City of
Cape Girardeau, Cape Girardeau County, Missouri, and
being more particularly described as follows :
Begin at a found 3/8 inch diameter iron rod marking the
southeast corner of said Lot 4, said point being on the
north line of Independence Street; thence with the north
line of said street, south 89 degrees 56 minutes 00
seconds west 300 . 00 feet to a found 4 inch diameter iron
rod and the southwest corner of Lot 2 of said Crites
Addition; thence with the west line of said Lot; north 00
degrees 04 minutes 00 seconds west 220. 00 feet to a found
4 inch diameter iron rod marking the northwest corner of
said Lot 2; thence with the north line of said Lot north
89 degrees 56 minutes 00 seconds east 70 .00 feet to a
found 4 inch diameter iron rod; thence north 00 degrees
04 minutes 00 seconds west 212 . 95 feet to a found 4 rod
and a point on the south right of way line of existing
Whitener Street; thence with said south line, north 89
degrees 55 minutes 00 seconds east 230. 00 feet to a found
4 inch diameter iron rod; thence south 00 degrees 04
minutes 00 seconds east 432 . 95 feet to the place 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
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 shall have the right to enter
upon the land to abate such special use.
SPECIAL CONDITIONS:
1 . This special use shall meet all applicable requirements
of the Zoning and Development Codes .
•
2 . Major modifications to this special use shall require the
approval of the City Council.
3 . This permit shall automatically expire twelve (12) months
from the date of issuance if the use for which it was
granted has not commenced.
4 . This permit is not transferable without the consent of
the City Council .
IN WITNESS WHEREOF, the City Manager of the City of Cape
G} ardissouri, affixes his sig - ure this �� day of
2017 .
. -sedgesiG-
Scott A. Mey PR •er
ATTEST: ft) �e
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ruceeTaylor, eputy City Clerk
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STATE
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STATE OF MISSOURI ) N
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COUNTY OF CAPE GIRARDEAU )
On this / 2 4j day of Fejt-uiu--q , 2017, before me appeared
Scott A. Meyer, to me personally nown, who, being by me duly
sworn, did say that he is the Cit 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 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.
S o Lancas Notary Public
My Commission Expires:
< Y F(jB SHONDA LANCASTER
20 t�4•% My Commission Expires
February 23,2020
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CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
ing-
Now on this oU/ day of r (titin r9 , 2017, the Cape Girardeau City
Council considered the application for a Special Use Permit dated December 19,
2016 filed by Community Counseling Center for property located at 2852
Independence Street, Cape Girardeau, MO for the purposes of constructing,
maintaining, and operating a residential treatment facility.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
City Council Findings:
The Proposed Special Use Permit, 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
6. Be in conflict with the comprehensive city plan 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 30-401
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 attached Special Use Permit
CI Y CAPE GI AU, MISSOURI
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