HomeMy WebLinkAboutOrd.4015.04-20-2009i
BILL NO. 09-58 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SOUTHEAST MISSOURI HOSPITAL ASSOCIATION FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A PARKING LOT ON THE SOUTHWEST
CORNER OF SUNSET BOULEVARD AND BROADWAY, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Southeast Missouri Hospital Association, is the owner
of certain property on which it desires to construct, maintain and
operate a parking lot, said proposed parking lot being located on
the southwest corner of Sunset Boulevard and Broadway, in the City
and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said proposed parking lot is
the southwest corner of Sunset Boulevard and Broadway, Cape
Girardeau, MO 63701, which property is presently zoned R-3 , Two-
family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-3 , Two-family Dwelling District; and
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 purposes of constructing,
maintaining, and operating a parking lot on the following described
property:
All of Lots 6 & 7 of Block 1, Sunset Terrace, a
subdivision of the City of Cape Girardeau, Missouri as
recorded in the land records of the County Recorders
office in Plat Book 3 at Page 51 .
is hereby granted to Southeast Missouri Hospital Association, to be
effective ten (10) days after the date of passage and approval of
this ordinance . The special use must comply with all regulations
a
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 Interim
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 . / A
PASSED AND APPROVED THIS Q20"" DAY OF /! 20 D9.
B . Knudtson, Mayor
ATTEST:
I Ah
Gayl L. Conrad
C' k
Cs1��EAU�
sv l�
w
SPECIAL USE PERMIT
Southeast Missouri Hospital Association is hereby granted a
Special Use Permit for the purpose of constructing, maintaining,
and operating a parking lot located at the southwest corner of
Sunset Boulevard and Broadway, in the City and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time :
All of Lots 6 & 7 of Block 1, Sunset Terrace, a
subdivision of the City of Cape Girardeau, Missouri as
recorded in the land records of the County Recorders
office in Plat Book 3 at Page 51 .
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 of Cape Girardeau shall have
the right to enter upon the land to abate such special use .
SPECIAL CONDITIONS:
1 . This Special Use Permit shall automatically terminate in
twelve (12) months upon the failure to develop the use of
the land for which the Special Use Permit has been
issued.
2 . This Special use shall meet all applicable zoning
regulations as per Section 30-39 (d) (20) of the City Code.
3 . The property shall be developed in substantial
conformance with the Site Plan approved as part of this
Special Use Permit .
4 . Permanent screening consisting of a masonry wall, wood
fence, seeded berm, landscaping material or combination
thereof, at least six feet in height, shall be installed
along the lot line between the proposed parking lot and
the residentially zoned lots to the south.
5 . If any lighting is placed on the new area, it must be
directional and aimed away from the adjoining residential
areas .
EXHIBIT A
6 . This Special Use Permit is not transferable without the
consent of the City Council .
IN WITNESS WHEREOF, the Interim City Manager of the City of
Cape Girardeau, Missouri, affixes his signature this day
of 20
Ken J. Eftink
Interim City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of 20 before me
appeared Ken J. Eftink, to me personally known, who, being by me
duly sworn, did say that he is the Interim 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.
LaDonna Laub, Notary Public
My Commission Expires :
August 4 , 2011
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this O�(/ day of ,Y"/ the Cape Girardeau City Council
considered the application f r Special Use Permit dated February 16, 2009
filed by Southeast Missouri Hospital Association for the property located at
the southwest corner of Sunset Boulevard and Broadway, Cape Girardeau, Missouri
for the purpose of constructing, maintaining and operating a parking lot.
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 30-39 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
CITY PE OPIZWDEAU, ISSOURI
(SEAL)
ATTEST: May KKK���
Cit !
fpw �
EXHIBIT B