HomeMy WebLinkAboutORD.2542.06-21-1999r
BILL NO. 99-133 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A CAFETERIA AND CLASSROOMS AT
CHARLES CLIPPARD ELEMENTARY SCHOOL, 2880
HOPPER ROAD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Cape Girardeau School District No. 63 is the owner of
certain property in the City of Cape Girardeau, on which it desires
to construct, maintain and operate an addition of a cafeteria and
classrooms; and
WHEREAS, the proposed location of said cafeteria and
classrooms is 2880 Hopper Road, 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 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 an addition of a cafeteria and
classrooms, on the following described property:
Charles Clippard Elementary School
2880 Hopper Road
A TRACT OF LAND CONTAINING 12.0 ACRES, MORE OR LESS,
LOCATED IN LOT 2 OF JOHN B. JORROW'S SUBDIVISION OF THE
EAST PART OF OUTLOT 78A, SURVEY NO. 2199, TOWNSHIP 31
NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, DESCRIBED AS FOLLOWS: START AT THE SOUTHEAST
CORNER OF SAID OUTLOT 78A WHICH IS ALSO THE SOUTHEAST
CORNER OF LOT 2 OF JORROW'S SUBDIVISION: THENCE N 6003'
E, 20.2 FEET TO AN INTERSECTION OF THE EAST LINE OF LOT
2 WITH THE NORTH LINE OF HOPPER ROAD: THENCE N 82009' W.
ALONG THE NORTH LINE OF HOPPER ROAD, 140.0 FEET FOR THE
POINT OF BEGINNING: THENCE CONTINUE N 82009' W. ALONG
SAID NORTH LINE, 728.0 FEET: THENCE N 00025' E, 360.4
FEET: THENCE N 63039' E. 145.2 FEET: THENCE N 26039' E,
74.6 FEET: THENCE N 00039' E. 269.0 FEET: THENCE S 82009'
E. 640.0 FEET: THENCE S 060'03' W. PARALLEL TO AND 140
FEET WEST OF THE EAST LINE OF SAID OUTLOT 78A, 776.8 FEET
TO THE POINT OF BEGINNING.
is hereby granted to Cape Girardeau School District No. 63, 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 and any special conditions contained in the Special
Use Permit, a copy of which is attached hereto 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. This ordinance shall be in full force and effect
ten days after its passage and approval. ���
PASSED AND APPROVED THIS `J DAY OF ,
19C/ -/ .
r
A. 14. Spradling, III, Mblor
ATTEST:
►.r
Loi . Tw dy
Deputy City Clerk ? FJ *y
SPECIAL USE PERMIT
0 g96'
Cape Girardeau School District No. 63, 61 North Clark Street,
Cape Girardeau, MO 63701, is hereby granted a Special Use Permit
for purposes of constructing, maintaining and operating an addition
of a cafeteria and classrooms at Charles Clippard Elementary
School, on the following described property for an indefinite
period of time:
Charles Clippard Elementary School
2880 Hopper Road
A TRACT OF LAND CONTAINING 12.0 ACRES, MORE OR LESS,
LOCATED IN LOT 2 OF JOHN B. JORROW'S SUBDIVISION OF THE
EAST PART OF OUTLOT 78A, SURVEY NO. 2199, TOWNSHIP 31
NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, DESCRIBED AS FOLLOWS: START AT THE SOUTHEAST
CORNER OF SAID OUTLOT 78A WHICH IS ALSO THE SOUTHEAST
CORNER OF LOT 2 OF JORROW'S SUBDIVISION: THENCE N 6003'
E, 20.2 FEET TO AN INTERSECTION OF THE EAST LINE OF LOT
2 WITH THE NORTH LINE OF HOPPER ROAD: THENCE N 82°09' W.
ALONG THE NORTH LINE OF HOPPER ROAD, 140.0 FEET FOR THE
POINT OF BEGINNING: THENCE CONTINUE N 82009' W. ALONG
SAID NORTH LINE, 728.0 FEET: THENCE N 00°25' E, 360.4
FEET: THENCE N 63039' E. 145.2 FEET: THENCE N 26039' E,
74.6 FEET: THENCE N 00039' E. 269.0 FEET: THENCE S 82009'
E. 640.0 FEET: THENCE S 060'03' W. PARALLEL TO AND 140
FEET WEST OF THE EAST LINE OF SAID OUTLOT 78A, 776.8 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.
F TA, .ONDTTTONS:
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
MA V I_ _Ph�'� , VU
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 C*tY of Cape
Girardeau, Missouri, �f,.fixes his sigfiature this ;%c� day of
hael G. Miller
City Manager
ATTEST:
Lois J. TVee&y
Deputy City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
On this !V' = day of .1,( !1� e 19 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000
Riled for Record
JUN,2 y 1999
Janet Robert, Recorder
Cape Glrarrdeau County
k-471
"9U 1(v.I PAP[707
STATE OF MISSOURI
County of Cape Girardeau, � ss
I hereby certify that this instrument
was FILED FOR RECORD at the date
and time shown hereon and is col in
Book . ,"'De/,l .... Page...
0. . .
JANET ROBERT
ReAorder of Deeds
B l .
eputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of I , the Cape Girardeau City Council
considered the application for Special Use Permit dated 4/27/99
filed by Capp Girard a u School ni arri ct No- 61
for the property located at Charles clippard Elementary school, 2880 Hnpper Road,
in rapp Girardeau., Missouri
for - purpose . .. •. maintaining .•• ••- •• .. .•• •. •
f a
cafptpria .•• clAngrooms.
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
City Cnuncil Finding -a:
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 s
(SEAL)
ATTEST:
D puty C' y Clerk
fied on attached Special Use Permit
ITY OF EIGIRARDEAU, MISSOUR
Y
EXHIBIT "B"