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HomeMy WebLinkAboutORD.2581.08-16-1999BILL NO. 99-185 ORDINANCE NO. �? %2 1 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 AND PLACE ACQUISITION, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN AT THE NORTHEAST CORNER OF BERTLING STREET AND NORTH SPRIGG STREET, 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, Missouri, on which Place Acquisition, LLC, desires to construct, maintain and operate a Community Unit Plan; and WHEREAS, the proposed location of said Community Unit Plan is at the northeast corner of Bertling Street and North Sprigg 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 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 Community Unit Plan, on the following described property: All that part of the Fractional Southwest Quarter of Fractional Section 29, Township 31 North, Range 14 East described as follows: From the Southwest comer of Survey 3091 run North 10 34' West 15.2 feet to the original North line of Bertling Street for the Point of Beginning; thence North 820 West 12.7 feet West of the West line of Survey 3091, 994.2 feet to the South line extended of the Krista M. Lanpher tract: thence North 890 26120" West 476.53 feet, more or less, to the East right of way line of North Sprigg Street; thence along and with the East right of way of North Sprigg Street South 10006155" West E:336580.902; thence South 89020150" East 90.00 feet to a point having MSPC of N: 166213.096, E:336585.890; thence South 07046140" West 120.93 feet to a point having MSPC of N:166176.576, E:336580.902; thence South 65" 8109" West 82.76 feet to a point having MSPC of N:166166.169, E:336557.923; thence South 000 39110" West 80.00 feet to a point having MSPC of N: 166141.787, E:336557.645; thence South 49001124" East 99.70 feet to point having MSPC of N:166121.860, E:336580.588; thence South 83008139" East 135.00 feet to a point having MSPC of N:166116.948, E:336621.442; thence South 780 51118" East 200.56 feet to a point on the North right of way line of Bertling Street, said point having MSPC of N: 166105.132, E:336681.420; thence South 870' East 130 feet, more or less, to the point of beginning, containing 10.67 acres, more or less. Except any part in public right of way. is hereby granted to Cape Girardeau School District No. 63 and Place Acquisition, LLC, 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 U U 19�C. A.'PM. Spradling, III, Mayor ATTEST Gayle_ . Conrad City Clerk quo':�_�,�r'A;,E31 SPECIAL USE PERMIT Cape Girardeau School District No. 63, 61 North Clark Street, Cape Girardeau, MO 63701, and Place Acquisition, LLC, 101 Marietta Street NW, Suite 1050, Atlanta, BA 30303-2726, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a Community Unit Plan, on the following described property for an indefinite period of time: All that part of the Fractional Southwest Quarter of Fractional Section 29, Township 31 North, Range 14 East described as follows: From the Southwest comer of Survey 3091 run North 10 34' West 15.2 feet to the original North line of Bertling Street for the Point of Beginning; thence North 82° West 12.7 feet West of the West line of Survey 3091, 994.2 feet to the South line extended of the Krista M. Lanpher tract: thence North 890 26120" West 476.53 feet, more or less, to the East right of way line of North Sprigg Street; thence along and with the East right of way of North Sprigg Street South 10°06155" West 145.27 feet, to the point having MSPC of N:166356.656, E:336580.902; thence South 89"20150" East 90.00 feet to a point having MSPC of N: 166213.096, E:336585.890; thence South 07046140" West 120.93 feet to a point having MSPC of N:166176.576, E:336580.902; thence South 650 8109" West 82.76 feet to a point having MSPC of N:166166.169, E:336557.923; thence South 00" 39110" West 80.00 feet to a point having MSPC of N: 166141.787, E:336557.645; thence South 49"01124" East 99.70 feet to point having MSPC of N:166121.860, E:336580.588; thence South 83008139" East 135.00 feet to a point having MSPC of N:166116.948, E:336621.442; thence South 780 51118" East 200.56 feet to a point on the North right of way line of Bertling Street, said point having MSPC of N: 166105.132, E:336681.420; thence South 870' East 130 feet, more or less, to the point of' beginning, containing 10.67 acres, more or less. Except any part in public right of way. 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. SPECIALCONDITIONS: dUUr; 10 20 2.11- A,GE3 82 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. Sidewalks to be installed on Sprigg Street and Bertling Street the entire length of the project. 5. This Special Use Permit is not transferrable without consent of the City Council.----, IN WITNESS WHEREOF, the City Meager of the City of Cape Girardeau, Missouri, �affixes his s, gnature this Lih.day of C iit i,)fi 19" . Mt— Tiael G. Miller City Manager ATTEST: Gayle,,4. Conrad City Clerk STATE OF MISSOURI SS. COUNTY OF CAPE GIRARDEAU ) 1, ttC On this J%= day of i4 Sp _ 19 / before me appeared Michael G. Miller, to m 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 my official seal, at my office in and year first above written. Filedr F ecord AUG 2 4 1999 Janet Robert, Recorder Cape Girardeau County 800h10'22rAt hereunto set my hand and affixed Cape Girardeau, Missouri, the day i Delores G. Needham, Notary Public STATE OF MISSOURI ss County of Cape Girardeau, I hereby certify that this', instrument was FILED FOR RECORD._at t4}e date and time shown hereon and i r bided in Book. ./64:242 ....Page.. JANET ROBERT e order of Deeds By. .. . D uty CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this I day of the Cape Girardeau City Council considered the application for Special Use Permit dated 6,130-199 filed by Carp -i a d au School District No. 63 and PlaceA nisi ion, I.i.0 for the property located at northeast co n o -Bertlinq Strapt and North Snriaa Street in Capp Girardeau -P Missouri Cor the purpose • o n• maintaining • • •• a CommunityPlan- 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 spec' ied on attached Special Use Permit CITY OF IRARDEAU, MISSOU (SEAL) r. ATTEST: May r City Oerk EXHIBIT "B"