HomeMy WebLinkAboutOrd.3811.05-21-2007 BILL NO. 07-79 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
PALMER AND PALMER, L.L.C. , FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
SENIOR CITIZEN HOUSING PROJECT AT 1400 WEST
CAPE ROCK DRIVE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Palmer and Palmer, L.L.C. , is the owner of certain
property on which it desires to construct, maintain and operate a
26-unit senior citizen housing project at 1400 West Cape Rock
Drive, in the City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said senior citizen housing
project is 1400 West Cape Rock Drive, Cape Girardeau, MO 63701,
which property is presently zoned R-4, multiple dwelling district;
and
WHEREAS, a Special Use Permit is required for said use in an
R-4 zone;
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.
ARTICLE2. A Special Use Permit for purposes of constructing,
maintaining and operating a 26-unit senior citizen housing project
on the following described property:
All of Lot Two (2) in Glenn Kinder Subdivision, Cape
Girardeau County, Missouri, as shown by plat recorded in
Plat Book 22 at Page 100 .
All of Lot Three (3) of Glenn Kinder Subdivision in the
City of Cape Girardeau as shown by plat recorded in Plat
Book 22 at Page 100, land records of Cape Girardeau
County, Missouri .
is hereby granted to Palmer and Palmer, L.L.C. , 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 \3K DAY OF mV`j 20Sn.
Jay Knudtson, Mayor
ATTEST:
S/I 0'� t"�(,-v 4 aij
Gayl L. Conrad
Cit Clerk
r
SPECIAL USE PERMIT
Palmer and Palmer, L.L.C. , is hereby granted a Special Use
Permit for the purpose of constructing, maintaining and operating a
26-unit senior citizen housing project at 1400 West Cape Rock
Drive, located in the City and County of Cape Girardeau, Missouri,
on the following described property for an indefinite period of
time :
All of Lot Two (2) in Glenn Kinder Subdivision, Cape
Girardeau County, Missouri, as shown by plat recorded in
Plat Book 22 at Page 100 .
All of Lot Three (3) of Glenn Kinder Subdivision in the
City of Cape Girardeau as shown by plat recorded in Plat
Book 22 at Page 100, land records of Cape Girardeau
County, Missouri .
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 building
permit must be approved by the City Council .
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
Girardeau, Missouri, affixes his signature this A-a,,z day of
(11h`Z 2010-
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DougZas K. Leslie
City Manager
EXHIBIT A
P �G1k4
ATTEST: C� _
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Gay a Conra , City Clerk ♦r it Vitt 1a`
STATE MISSOURI SAL
COUNTY OF CAPE GIRARDEAU )
On this ZQn 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.
19
aDonna Laub, Notary Public
My Commission Expires : SpRYP��(C'¢¢-, LMONNA LAW
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August 4, 2007 prgl{y?': *CaWOME
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EXHIBIT A
i
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 0191.& _ day of cy��, the Cape Girardeau City Council
considered the application for Apecial Use Permit dated March 28, 2007
filed by Palmer and Palmer, L.L. . for the property located 1400 West Cape Rock
Drive, Cape Girardeau, Missouri for the purpose of constructing,
maintaining and operating a 26-unit senior citizen housing project.
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 O �IKjRDEAU, MISSOURI
(SEAL) 1I//
ATTEST: May
C' ler
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EXHIBIT B
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BILL NO. 07-79 ORDINANCE NO. 3d/
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
PALMER AND PALMER, L.L.C. , FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A SENIOR
CITIZEN HOUSING PROJECT AT 1400 WEST CAPE ROCK
DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Palmer and Palmer, L.L. C. , is the owner of certain
property on which it desires to construct, maintain and operate a 26-
unit senior citizen housing project at 1400 West Cape Rock Drive, in
the City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said senior citizen housing
project is 1400 West Cape Rock Drive, Cape Girardeau, MO 63701, which
property is presently zoned R-4 , multiple dwelling district; and
WHEREAS, a Special Use Permit is required for said use in an R-4
zone;
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 26-unit senior citizen housing project on
the following described property:
All of Lot Two (2) in Glenn Kinder Subdivision, Cape
Girardeau County, Missouri, as shown by plat recorded in
Plat Book 22 at Page 100 .
is hereby granted to Palmer and Palmer, L.L. C. , 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
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 20jo .
e.0.0
Knudtson, Mayor
ATTEST:
O
o
m
m
Gayle . Conrad O
City lerk �
SPECIAL USE PERMIT
Palmer and Palmer, L.L.C. , is hereby granted a Special Use
Permit for the purpose of constructing, maintaining and operating a
26-unit senior citizen housing project at 1400 West Cape Rock
Drive, located in the City and County of Cape Girardeau, Missouri,
on the following described property for an indefinite period of
time :
All of Lot Two (2) in Glenn Kinder Subdivision, Cape
Girardeau County, Missouri, as shown by plat recorded in
Plat Book 22 at Page 100 .
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 building
permit must be approved by the City Council .
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
Girardeau, Missouri, affixes his signature this day of
20
Douglas K. Leslie
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
EXHIBIT A
I .
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 , 2007
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of the Cape Girardeau City Council
considered the application for Special Use Permit dated March 28, 2007
filed by Palmer and Palmer, L.L.C. for the property located _1400 West Cape Rock
Drive, Cape Girardeau, Missouri for the purpose of constructing,
maintaining and operating a 26-unit senior citizen housing project.
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 'IRARDEAUy�MISSOURI
(SEAL) `�
ATTEST: ayo
u2cLl�
City rk
EXHIBIT B