HomeMy WebLinkAboutOrd.3962.09-15-2008 BILL NO. 08-147 ORDINANCE NO. J
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
THE HUMANE SOCIETY OF SOUTHEAST MISSOURI FOR
PURPOSES OF MAINTAINING AND OPERATING THE
EXISTING ANIMAL SHELTER AND FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A NEW
ANIMAL SHELTER, IN TWO PHASES, AT 2536 BOUTIN
DRIVE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, the Humane Society of Southeast Missouri is the owner
of certain property on which it desires to maintain and operate the
existing animal shelter and for purposes of constructing,
maintaining and operating a new animal shelter, in two phases, at
2536 Boutin Drive, in the City and County of Cape Girardeau,
Missouri; and
WHEREAS, the proposed location of said facility is 2536 Boutin
Drive, Cape Girardeau, MO 63701, which property is presently zoned
R-1, Single-Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-1, Single-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 to maintain and operate the
existing animal shelter and for purposes of constructing,
maintaining and operating a new animal shelter, in two phases, on
the following described property:
A tract of land situated in the NW1A of the NE'X of Section
23 , Township 31 North, Range 13 East in Cape Girardeau
County, Missouri containing 3 . 104 acres (more or less)
described as follows :
Commence at the NW corner of said NW14 NE'A; thence East
along the North line of said Section 23 , 267 . 8 feet;
thence South 265 . 0 feet for the point of beginning;
thence continue South, 665 . 0 feet to the North R/W Line
of Highway "W" ; thence northeasterly along the arc of a
7-degree curve to the right and the North Line of said
Highway "W" , 209 .3 feet; thence North, 635 . 0 feet; thence
West, 208 . 0 feet to the point of beginning.
is hereby granted to the Humane Society of Southeast Missouri 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 206j .
&JayKnudtson, Mayor
ATTEST:
AjC
Gayle . Conrad
City Merk
r• �ON1
s��ti
SPECIAL USE PERMIT
The Humane Society of Southeast Missouri is hereby granted a
Special Use Permit to maintain and operate the existing animal
shelter and for purposes of constructing, maintaining and operating
a new animal shelter, in two phases, in the City and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time :
A tract of land situated in the NWIX of the NE',f of Section
23 , Township 31 North, Range 13 East in Cape Girardeau
County, Missouri containing 3 . 104 acres (more or less)
described as follows :
Commence at the NW corner of said NWU NE%; thence East
along the North line of said Section 23 , 267 . 8 feet;
thence South 265 . 0 feet for the point of beginning;
thence continue South, 665 . 0 feet to the North R/W Line
of Highway "W" ; thence northeasterly along the arc of a
7-degree curve to the right and the North Line of said
Highway "W" , 209. 3 feet; thence North, 635 . 0 feet; thence
West, 208 . 0 feet to the point 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 of Cape Girardeau shall have
the right to enter upon the land to abate such special use .
SPECIAL CONDITIONS:
1 . Additions or modifications from the original site plan
must be approved by the City Council . Phase 1 of this
site plan is the construction of a new animal shelter
approximately 85 feet, by 110 feet, and accompanying
parking. Phase 2 is the replacement/reconstruction of
the existing animal shelter with an approximately 80 feet
by 130 feet structure, and accompanying parking.
2 . Special use shall meet all applicable zoning regulations.
3 . 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.
EXHIBIT A
v
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
20
Douglas K. Leslie
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of 20 before me
appeared Douglas K. Leslie, 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.
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 _dA- day of o)bOP , the Cape Girardeau City Council
considered the application for Special Use Permit dated July 15, 2008
filed by The Humane Society of Southeast Missouri for the property located 2536
Boutin Drive for the purposes of maintaining and operating the existing animal
shelter and for purposes of constructing, maintaining and operating a new animal
shelter, in two phases.
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 E I DEAU, MJOSOURI
(SEAL)
ATTEST: May
city C rk
6 6IRA
Ap8
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♦v
*r a vxt
* EXHIBIT B
88AL
SPECIAL USE PERMIT
The Humane Society of Southeast Missouri is hereby granted a
Special Use Permit to maintain and operate the existing animal
shelter and for purposes of constructing, maintaining and operating
a new animal shelter, in two phases, in the City and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time :
A tract of land situated in the NW',( of the NEIX of Section
23 , Township 31 North, Range 13 East in Cape Girardeau
County, Missouri containing 3 . 104 acres (more or less)
described as follows :
Commence at the NW corner of said NW1X NEIX; thence East
along the North line of said Section 23, 267 . 8 feet;
thence South 265 . 0 feet for the point of beginning;
thence continue South, 665 . 0 feet to the North R/W Line
of Highway "W" ; thence northeasterly along the arc of a
7-degree curve to the right and the North Line of said
Highway "W" , 209. 3 feet; thence North, 635 . 0 feet; thence
West, 208 . 0 feet to the point 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 of Cape Girardeau shall have
the right to enter upon the land to abate such special use .
SPECIAL CONDITIONS:
1 . Additions or modifications from the original site plan
must be approved by the City Council . Phase 1 of this
site plan is the construction of a new animal shelter
approximately 85 feet, by 110 feet, and accompanying
parking. Phase 2 is the replacement/reconstruction of
the existing animal shelter with an approximately 80 feet
by 130 feet structure, and accompanying parking.
2 . Special use shall meet all applicable zoning regulations.
3 . 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.
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
Gi ardeau, Missouri, affixes his signature this & day of
20��.
GHQ �9 Doug a Leslie
City Knager
r - W
T•O
THE ONIO
SE>i i
Co d
City Clerk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this /4 day of 20 p8 before me
appeared Douglas K. Leslie, 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. dpp �
`LaDOnna Laub, Notary Public
My Commission Expires :
August 4 , 2011 VP, LAM"L"
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