HomeMy WebLinkAboutORD.2725.05-15-2000 BILL NO. �0�0-� �8 ORDINANCE NO. �?-��
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
PHILLIPS DEVELOPMENT CORPORATION AND CHERRY
WOOD HEIGHTS ONE LIMITED PARTNERSHIP, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A COMMUNITY UNIT PLAN FOR APARTMENTS
AT 801 GOOD HOPE STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Phillips Development Corporation is the owner of
certain property in the City of Cape Girardeau, on which Cherry
Wood Heights One Limited Partnership desires to construct, maintain
and operate a community unit plan for apartments; and
WHEREAS, the proposed location of said community unit plan is
801 Good Hope Street, 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 l. 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 community unit plan for apartments, on
the following described property:
All of Lots 55, 57, 58, 71, 72 , and part of Lot 56, Range
"H" , in the City of Cape Girardeau, Missouri, described
by metes and bounds as follows:
Beginning at the Northwest Corner of said Lot 58 of said
Range "H" ; thence South 83° 15 ' 21" East, along the
Southerly Right-of-Way Line of Good Hope Street, 379 . 50
feet to its intersection with the Westerly Right-of-Way
Line of Ellis Street; thence South 06° 44 ' 39" West,
along said Right-of-Way, 162 . 20 feet to a 1/2" Iron Rod
at the Northeast Corner of a Tract of Land found in Book
474 at Page 514 of the Land Records of Cape Girardeau
County, Missouri; thence North 83° 22 ' 00" West, along
the North Line thereof, 86. 55 feet to a 1/2" Iron Rod;
thence South 06° 48 ' 00" West, 63 . 10 feet to a 1/2" Iron
Rod; thence North 83° 09 ' 00" West, 111. 13 feet; thence
South 06° 48 ' 38" West, 223 . 23 feet to the Northerly
Right-of-Way Line of Morgan Oak Street; thence North 83°
09 ' 00" West, along said Right-of-Way, 181.50 feet to its
intersection with the Easterly Right-of-Way Line of
Pacific Street; thence North 06° 44 ' 39" East, along said
Easterly Right-of-Way, 448 . 15 feet to the Place of
Beginning, in the City and County of Cape Girardeau
County, Missouri.
is hereby granted to Phillips Development Corporation and Cherry
Wood Heights One Limited Partnership, 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 i � � , 20�.
,
A. . Spradling, II , Mayor
ATTEST:
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Gayle � . Conrad ,�
City Clerk �
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SPECIAL USE PERMIT ;i ,�`.����
Phillips Development Corporation, 1501 North University, Suite
740, Little Rock, Arkansas 72207 and Cherry Wood Heights One
Limited Partnership, c/o Phillips Development Corporation, 1501
North University, Suite 740, Little Rock, Arkansas 72207, are
hereby granted a Special Use Permit for purposes of constructing,
maintaining and operating a community unit plan for apartments, on
the following described property for an indefinite period of time:
Al1 of Lots 55, 57, 58, 71, 72, and part of Lot 56, Range
"H" , in the City of Cape Girardeau, Missouri, described
by metes and bounds as follows:
Beginning at the Northwest Corner of said Lot 58 of said
Range "H" ; thence South 83° 15 ' 21" East, along the
Southerly Right-of-Way Line of Good Hope Street, 379 . 50
feet to its intersection with the Westerly Right-of-Way
Line of Ellis Street; thence South 06° 44 ' 39" West,
along said Right-of-Way, 162 . 20 feet to a 1/2" Iron Rod
at the Northeast Corner of a Tract of Land found in Book
474 at Page 514 of the Land Records of Cape Girardeau
County, Missouri; thence North 83 ° 22 ' 00" West, along
the North Line thereof, 86. 55 feet to a 1/2" Iron Rod;
thence South 06° 48 ' 00" West, 63 . 10 feet to a 1/2" Iron
Rod; thence North 83° 09 ' 00" West, 111 . 13 feet; thence
South 06° 48 ' 38" West, 223 . 23 feet to the Northerly
Right-of-Way Line of Morgan Oak Street; thence North 83°
09 ' 00" West, along said Right-of-Way, 181. 50 feet to its
intersection with the Easterly Right-of-Way Line of
Pacific Street; thence North 06° 44 ' 39" East, along said
Easterly Right-of-Way, 448 . 15 feet to the Place of
Beginning, in the City and County 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.
SPFCTAT� C�NDTTTONS:
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.
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uU0M1O�J�PAGE�6�
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 Manag ` of the City of Cape
Girardeau, Missouri, a�gixes his sign ure this f[l�i� day of
, 2 Os�;,�.
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Michael G. Miller
� %� City Manager
ATTEST:
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Gayle . Conrad
City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
��, •;'G
On this ; ;� ' day of �����;� , 20 �'�`� , before me
appeared Michael G. Miller, 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.
�` `��"'/,.�_ ���} f� �('V� __
. _ ., . � .�� ' L;�`,! ,�
� Delores G. Needham, Notary Public
My Commission Expires:
October 8 , 2000
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aUon1U59PAGE76�
�el�d f�r Record
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�iAY �1�7 2000
� �anet R�btrt,W�a�cir�i�1P
t7aa���r¢rqoau County
Jaakaon Mo.
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STATE OF MISSOURI � ss
County of Cape Girardeau,�
I hereby certify that this instrument
was FILED FOR RECORD at the date
and time�s ho}�n hereon and is reco ded in
Book. .�CJ�7. . . . .Page. . �� �. . . . .
JANET ROBERT
Recorder of Deeds
By. ..G�. . . . . . . . .
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this �; day of j� ,�` �;�, the Cape Girardeau City Council
considered the application for pecial Use Permit dated 3/27/?0�0
filed by Phillina D v lonmpn � noratinn and h � Wood HPigh a pn imi d
Partnershin
for the property located at 8oi cood xon _ s ;n an ' ard a �, M,'____yqo�,r�
for the purpose of constr ,et;nq, ma;n ain;ng and o=Pra};nq a o m ,ni � tTni lan
for ana mPn a.
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
_Ci_t� Go �n .il Findinay:
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 30-39 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 sp cified on attached Special Use Permit
ITY CAPE GIRARDEAU, MISSOiIRI
(SEAL)
ATTEST: Mayo
��,�,��� �-X�cCtG�=
City C.�erk
EXHIBIT B
�
' REC'U SEP - � 2�;�;:
September 5, 2000
REDEVELOPMENT AGREEMENT
FOR THE OLD ST. FR.ANCIS HOSPITAL PROPERTY
CAPE GIRARDEAU, MISSOURI
This Development Agreement (the "Agreement") is entered into thiso?(�� day
of ���,� , 2000, between the City of Cape Girardeau, Missouri (hereinafter referred
to as�"City") and Phillips Development Corporation and Cherry Wood Heights One Limited
Partnership (hereinafter together referred to as "Phillips").
WHEREAS, in order to allow for the redevelopment of the Old St. Francis Hospital
property at 801 Good Hope Street, Cape Girardeau, Mo., the Parties wish to enter into this
Agreement in order to generally describe their respective rights, duties and obligations regarding the
redevelopment of the property.
NOW, THEREFORE, for and in consideration of the mutual covenants and considerations
contained herein, it is agreed by the parties as follows:
1. The City shall be responsible for the asbestos removal and demolition of the Old St. Francis
Hospital buildings located on the property and removal of all demolition debris from the
property. Phillips agrees to redevelop the property as generally shown in Exhibit A.
2. The City shall utilize an Innovative Grant from the Community Development Block Grant
Program in the amount of$250,000 and other City funds to pay for the asbestos removal and
demolition of the Old St. Francis Hospital buildings and removal of demolition debris from the
property at 801 Good Hope Street.
3. Phillips shall pay $325,000 to the City within thirty (30) days of the execution of this
Agreement. This payment shall constitute Phillips'obligation towards the cost of the asbestos
removal and demolition of the Old St. Francis Hospital buildings and removal of demolition
debris from the property.
4. Notice. Any notice required by this Agreement shall be deemed to be given if it is mailed by
first class, United States Mail, postage prepaid and addressed as hereinafter specified.
If to the City, such notice shall be addressed to:
Michael G. Miller, City Manager
City of Cape Girardeau
401Independence
Cape Girardeau,MO 63703
And a copy to:
Eric Cunningham, City Attorney
City of Cape Girardeau
401Independence
Cape Girardeau, MO 63703
If to Phillips, such notice shall be addressed to:
Elizabeth S. Small
President
September 5, 2000
Phillips Development Corporation
1501 N. University
Suite 740
Little Rock, Arkansas 72207-5236
And a copy to:
Boston Capital Tax Credit Fund IV, L.P.
C/O Boston Capital Partners, Inc.
One Boston Place
Boston, MA 02108
Each party shall have the right to specify that notice is to be addressed to another address by
giving to the other party ten (10) days written notice thereof.
5. Amendments. This Agreement shall not be amended, modified, canceled or abrogated without
the written consent of the parties.
6. Effective Date. This Agreement shall be binding on the parties hereto only after all legal
requirements relating to the City entering into this Agreement have been satisfied.
7. Conflicts. No officer or employee of the City and no member of the City Council shall have a
financial interest, direct or indirect, in this contract. A violation of this provision renders the
contract void. Any federal regulations and applicable provisions in Section 105.450 et. seq_
R.S.Mo. shall not be violated.
8. Assi�nment. Phillips shall not assign any interest in this contract, and shall not transfer any
interest in the same (whether by assignment or novation), without prior written consent of the
City hereto. Notice of such assignment or transfer shall be furnished in writing promptly to the
City. Any such assignment is expressly subject to all rights and remedies of the City under this
agreement, including the right to change or delete activities from the contract or to terminate
the same as provided herein, and no such assignment shall require the City to give any notice to
any such assignee of any actions which the City may take under this agreement, though the City
will attempt to so notify any such assignee.
9. Confidentiality. Any reports, data, or similar information given to or prepared or assembled by
Phillips under this contract, which the City requests to be kept as confidential, shall not be
made available to any individual or organization by Phillips without prior written approval of
the City.
10. Discrimination. Phillips agrees, in the performance of this contract, not to discriminate on the
grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age
or political opinion or affiliation, against any employee of Phillips or applicants for employment
and shall include a similar provision in all subcontracts let or awarded hereunder.
11. A�ency. Nothing contained herein shall constitute or designate Phillips or any of Phillips'
agents or employees as agents or employees of the City of Cape Girardeau, Missouri.
12. City Benefits. Phillips shall not be entitled to any of the benefits established for the employees of
the City nor be covered by the Worker's Compensation Program of the City.
13. Liability and Indemnity. The parties hereby mutually agree to the following:
a. Except for the City's asbestos and demolition indemnification to Phillips and Phillips
indemnification to the City, in no event shall the City or Phillips be liable to each other for
September 5, 2000
special, indirect, or consequential damages, except those caused by gross negligence or willful
or wanton misconduct arising out of or in any way connected with a breach of this contract.
b. Phillips shall defend, indemnify, and hold the City harmless from and against all claims,
losses, and liabilities arising out of personal injuries, including death, and damage to property
which are caused by Phillips, its agents, employees, servants or contractors arising out of or
in any way connected with the redevelopment of the property.
c. The City shall defend, indemnify, and hold Phillips harmless from and against all claims,
losses, and liabilities arising out of personal injuries, including death, and damage to property
which are caused by the City, its agents, employees, servants or contractors arising out of or
in any way connected with the redevelopment of the property.
d. Phillips assumes full responsibility for relations with subcontractors, and shall defend,
indemnify and save harmless the City from and against, any and all liability, suits, claims,
damages, costs (including attorneys' fees), losses, outlays, and expenses in any manner caused
by claims of subcontractors for payments allegedly owed for labor or materials furnished in
connection with this contract only during the construction of Fort Hope Apartments or
other redevelopment of the property.
e. The City assumes full responsibility for relations with subcontractors, and shall defend,
indemnify and save harmless Phillips from and against, any and all liability, suits, claims,
damages, costs (including attorneys' fees), losses, outlays and expenses in any manner caused
by claims of subcontractors for payments allegedly owed for labor or materials furnished in
connection with this contract only during the teardown and removal of asbestos of the Old
St. Francis Hospital.
f. This agreement is not intended to create any rights enforceable by any third party
beneficiary.
14.Jurisdiction. This agreement and every question arising hereunder shall be construed or
determined according to the laws of the State of Missouri. Should any part of this agreement be
litigated, venue shall be proper only in the Circuit Court of Cape Girardeau County, Missouri.
15. Authority. All individuals signing this agree stat that they have authority to sign this
agreement for the purposes herein stat�: "�
``,..
,.%r� CIT'Y CAPE GIRARDEAU, MISSOURI
Attest: ``�
� By: � � C..
- ; Michael G. Miller
;
� City Manager
PHILLIPS DEVELOPMENT CORPOR.ATION
Attest:
� `
By. �- _, 9�/ c�
E iza th S. Small Date
President
September 5, 2000
CHERRY WOOD HEIGHTS ONE LIMITED
Attest: PARTNERSHIP
� !.
By: � . ..c� //—�
Eli eth S. Small Date
General Partner
APPROVED AS TO FORM:
By: ��� �i�l�Ni�
Eri Cu n gham
City ttorney
Resolution No.
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, That on this���day of S. k� GV' 2000, before
me, the undersigned, a Notary Public in and for the County and State foresaid, came Michael G.
Miller, City Manager of Cape Girardeau,Missouri, a City duly organized, incorporated and existing
under and by virtue of the laws of the State of Missouri, and who is personally known to me to be
the sa���per,son who executed, as such officials, the within instrument on behalf of said municipal
co�'poration, arid s.uch person duly acknowledged the execution of the same to be the act and deed of
said muxiicipal�orp�ration.
.; IN W�TI'sT�S� WHEREOF, I have hereunto s my hand and affixed my official seal,the
da�and yea���as��.bc�ve written.
�� �� :�
� �.. ... . �h�_t _•�`
' � ��� Delores u.Needham
[Typed Name of Notary �q uc-state of Missouri
�`��f Cape Gir�Meau
STATE OF ARKANSAS ) �,�,��!�mic��M F}(Q,�a(�ZOOO
) $$.
COUNTY OF PULASKI )
BE IT REMEMBERED, That on this llth day of September , 2000
before me, the undersigned, a Notary Public in and for the County and State aforesaid, came
Elizabeth S. Small, to me personally known, who, being by me duly sworn, did state that she is the
President of Phillips Development Corporation and General Partner of the Cherry Wood Heights
One Limited Partnership, and that said instrument was signed in behalf of said corporation by
authority of its Board of Directors for the consideration stated therein and no other, and said
Elizabeth S. Small acknowledged said instrument to be the free act and deed of said corporation.
September 5, 2000
IN WITNESS WHEREOF, I have hereunto t my h n and affixed my official seal, the
day and year last above written. ;
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:NOTAR'y=: _ [Typed Name of Notary Public]
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September 5, 2000
CERTIFICATE OF DIRECTOR OF FINANCE
I certify that this contract is within the purpose of the appropriation to which it is to be charged
and that there is an unencumbered balance to the credit of such appropriation sufficient to pay
therefor, and that the appropriate accounting entries have been made.
h
Jo n Richbourg
Director of Finance
. i
EXHIBIT A
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