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HomeMy WebLinkAboutOrd.4382.10-15-2012 BILL NO. 12-137 ORDINANCE NO. U 421 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SAINT FRANCIS MEDICAL CENTER FOR A BUILDING ADDITION EXCEEDING FIVE STORIES AND/OR SIXTY FEET IN HEIGHT, LOCATED AT 211 ST. FRANCIS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Saint Francis Medical Center is the owner of certain property on which it desires to construct and maintain a building addition exceeding five stories and/or sixty feet in height, located at 211 St . Francis Drive, in the City and County of Cape , Girardeau, Missouri; and WHEREAS, the proposed location of said addition is 211 St . Francis Drive, Cape Girardeau, MO 63701, which property is presently zoned C-2, Highway Commercial District; and WHEREAS, a Special Use Permit is required for said use in the C-2 zoning 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 purpose of constructing and maintaining a building addition exceeding five stories and/or sixty feet in height, located on the following described property: SAINT FRANCIS MEDICAL CENTER A PART OF LOT 84 OF UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EASE OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING FURTHER DESCRIBED AS FOLLOWS : Commencing at a '-�" iron pin at the southwest corner of Lot 2, Girardeau Commercial Park Subdivision as recorded in Plat Book 14 at Page 36 of the land records of the 1 County Recorder' s Office; Thence S 04 '38' 02" W, 250 . 22 feet to the southeast corner of Lot 1 of said subdivision; Thence along the south line of said Lot 1, N 85058' 53" W, 498 . 35 feet to a point on the east right-of- way line of Mt. Auburn Road; Thence along said right-of- way line S 04 °40' 08"W, 152 . 16 feet to the TRUE POINT OF BEGINNING; Thence continuing along said right-of-way line, S 04040' 08" W, 40 . 00 feet; Thence leaving said right-of-way line S 84057' 33" E, 236 . 37 feet to the beginning of a curve concave to the southwest, having a radius of 295. 00 feet and a central angle of 29°33' 02"; Thence along said curve in a southeasterly direction 152 . 15 feet; Thence S 55024' 32" E, 295 . 60 feet; Thence S 34048109" W, 537 . 63 feet; Thence N 85020' 19" W, 83 . 74 feet to the beginning of a curve concave to the northeast, having a radius of 245 . 00 feet and a central angle of 33003' 48"; Thence along said curve in a northwesterly direction 141 . 38 feet; Thence N 52016' 43" W, 70 . 41 feet to the beginning of a curve concave to the southwest, having a radius of 105 . 00 feet and a central angle of 33°03' 09"; Thence along said curve in a westerly direction 60 . 57 feet; Thence N 85019' 52" W, 34 . 22 feet to the east right-of-way line of Mt . Auburn Road; Thence along said right-of-way line, S 04040' 08" W, 580. 51 feet to a -�" iron pin on the north right-of-way line of Gordonville Road; Thence along said north right-of-way line following: S 7004351" E, 766. 31 feet to a -�" iron pin at the beginning of a curve concave to the north, having a radius of 276. 60 feet and a central angle of 21059108"; Thence along said curve in an easterly direction 106. 14 feet to a ,z" iron pin; Thence N 87017' 01" E, 841 . 48 feet to the beginning of a curve concave to the northwest, having a radius of 30 . 00 feet and a central angle of 85024' 35"; Thence along said curve in a northeasterly direction 44 . 72 feet to the point of a reverse curvature with a curve concave to the east, having a radius of 739. 89 feet and a central angle of 01055' 30", said point also being on the west right-of- way line of Silver Springs Road; Thence along said curve and said right-of-way line in a northerly direction 24 . 86 feet; Thence continuing along said right-of-way line, N 03047153" E, 378 . 51 feet; Thence leaving said line, S 57021' 39" W, 64 . 95 feet, Thence N 55015' 38" W, 327 . 54 feet; Thence N 34044' 17" E, 42 . 31 feet; Thence N 33034' 11" W, 209 . 73 feet; Thence N 55'36' 02" W,^L2-0 . 17---- feet; 7- -feet; Thence N 34023158" E, 19 . 72 feet to the beginning of a curve concave to the northwest, having a radius of 55 . 50 feet and a central angle of 40000' 00"; Thence along said curve in a northerly direction 38 . 75 feet; Thence N 05036102" W, 157 . 41 feet; Thence N 55036' 02" W, 197 . 33 feet; Thence S 34023' 58" W, 95 . 00 feet; Thence N 55036' 02" W, 220 . 86 feet; Thence S 34 °48' 09" W, 103 . 81 feet; Thence N 55024' 32" W, 319 . 63' to the beginning curve concave to the southwest having a radius of 335 . 00 feet and a central angle of 29°33' 02"; Thence along said curve in a northwesterly direction 172 . 78 feet; Thence N 84057'"33" W, 236. 63 feet to the point of beginning, containing 32 . 37 acres more or less, and being subject to all easements and rights-of-way. is hereby granted to Saint Francis Medical 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 approval . PASSED AND APPROVED THIS // DAY OF C'ti�j�l 2012 . C�4 J01J.F. Voss, Mayor Pro Tempore ATTEST: IS A GayleConrad 1� City A- rk SPECIAL USE PERMIT Saint Francis Medical Center is hereby granted a Special Use Permit for the purpose of constructing and maintaining a building addition exceeding five stories and/or sixty feet in height, located at 211 St . Francis Drive, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time : SAINT FRANCIS MEDICAL CENTER A PART OF LOT 84 OF UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EASE OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING FURTHER DESCRIBED AS FOLLOWS : Commencing at a ,z" iron pin at the southwest corner of Lot 2, Girardeau Commercial Park Subdivision as recorded in Plat Book 14 at Page 36 of the land records of the County Recorder' s Office; Thence S 04 '38' 02" W, 250 . 22 feet to the southeast corner of Lot 1 of said subdivision; Thence along the south line of said Lot 1, N 85058' 53" W, 498 . 35 feet to a point on the east right-of- way line of Mt . Auburn Road; Thence along said right-of- way line S 04040' 08"W, 152 . 16 feet to the TRUE POINT OF BEGINNING; Thence continuing along said right-of-way line, S 04040108" W, 40 . 00 feet; Thence leaving said right-of-way line S 84 °57' 33" E, 236. 37 feet to the beginning of a curve concave to the southwest, having a radius of 295. 00 feet and a central angle of 29033' 02"; Thence along said curve in a southeasterly direction 152 . 15 feet; Thence S 55024' 32" E, 295 . 60 feet; Thence S 34048' 09" W, 537 . 63 feet; Thence N 85020' 19" W, 83 . 74 feet to the beginning of a curve concave to the northeast, having a radius of 245 . 00 feet and a central angle of 33003' 48"; Thence along said curve in a northwesterly direction 141 . 38 feet; Thence N 52016143" W, 70 . 41 feet to the beginning of a curve concave to the southwest, having a radius of 105 . 00 feet and a central angle of 33°03' 09"; Thence along said curve in a westerly direction 60 . 57 feet; Thence N 85°19' 52" W, 34 . 22 feet to the east right-of-way line of Mt . Auburn Road; Thence along said right-of-way line, S 04040' 08" W, 580 . 51 feet to a =z" iron pin on the north right-of-way line of Gordonville Road; Thence along said north right-of-way line following: S 70043' 51" E, 766. 31 feet to a . ,�" iron pin at the beginning of a curve concave to the north, having a radius of 276. 60 feet and EXHIBIT A i a central angle of 21°59' 08"; Thence along said curve in an easterly direction 106. 14 feet to a = " iron pin; Thence N 87°17' 01" E, 841 . 48 feet to the beginning of a curve concave to the northwest, having a radius of 30 . 00 feet and a central angle of 85°24' 35"; Thence along said curve in a northeasterly direction 44 . 72 feet to the point of a reverse curvature with a curve concave to the east, having a radius of 739. 89 feet and a central angle of 01055130", said point also being on the west right-of- way line of Silver Springs Road; Thence along said curve and said right-of-way line in a northerly direction 24 . 86 feet; Thence continuing along said right-of-way line, N 03047153" E, 378 . 51 feet; Thence leaving said line, S 57021' 39" W, 64 . 95 feet, Thence N 55°15138" W, 327 . 54 feet; Thence N 34044' 17" E, 42 . 31 feet; Thence N 33034111" W, 209. 73 feet; Thence N 55036' 02" W, 120 . 17 feet; Thence N 34 °23' 58" E, 19 . 72 feet to the beginning of a curve concave to the northwest, having a radius of 55. 50 feet and a central angle of 40000' 00"; Thence along said curve in a northerly direction 38 . 75 feet; Thence N 05036' 02" W, 157 . 41 feet; Thence N 55036' 02" W, 197 . 33 feet; Thence S 34023' 58" W, 95 . 00 feet; Thence N 55036' 02" W, 220 . 86 feet; Thence S 34048' 09" W, 103 . 81 feet; Thence N 55024' 32" W, 319 . 63' to the beginning curve concave to the southwest having a radius of 335 . 00 feet and a central angle of 29033' 02"; Thence along said curve in a northwesterly direction 172 . 78 feet; Thence N 84 °57' 33" W, 236. 63 feet to the point of beginning, containing 32 . 37 acres more or less, and being subject to all easements and rights-of-way. 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 approval is limited to the height of the proposed building addition on the south side of the facility -fac-i-ng -- William Street . The site plan and renderings provided by the applicant are for informational purposes only, and are not a part of this approval . EXHIBIT A j 2 . The height of the building addition shall not exceed one hundred (100) feet . 3 . The building addition shall comply with all applicable building and zoning regulations, except as noted above. 4 . This Special Use Permit is not transferrable without consent of the City Council . IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 2012 . Scott A. Meyer City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ss . COUNTY OF CAPE GIRARDEAU ) On this day of 2012, before me appeared Scott A. Meyer, 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. Shonda Lancaster, Notary Public My Commission Expires : EXHIBIT A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this 16tk day of Ct%bPA , 2012, the Cape Girardeau City Council considered the application for a Special Use Permit dated August 22, 2012 filed by Rick Essner, for the property located at 211 St. Francis Drive, Cape Girardeau, MO 63703 for the purpose of constructing and maintaining a building addition exceeding five stories and/or sixty feet in height. 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 2. Substantially increase fire hazards 3. Adversely affect the character of the neighborhood; 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 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan 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 X Denied Approved with conditions specified on att hed Special Use Permit CITY O RARDEAU, MISSOURI (SEAL) ATTEST: Mao Pro Tempore /&-.� City C 0 rk