HomeMy WebLinkAboutORD.2708.04-17-2000r
BILL NO. 2000-83 ORDINANCE NO. _2 7b K
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING AN ADDITION TO FRANKLIN SCHOOL AT
215 NORTH LOUISIANA AVENUE, 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 to Franklin
School; and
WHEREAS, the proposed location of said school addition is 215
North Louisiana Avenue, which property is presently zoned R-2,
Single -Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-2 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 to Franklin School, on the
following described property:
THE SOUTH PART OF LOT NUMBER TWENTY-NINE (29) OF
HENDERSON'S SUBDIVISION OF OUTLOT FORTY (40), OF SURVEY
#2199, CONFIRMED TO LOUIS LORIMIER, SR., IN THE CITY OF
CAPE GIRARDEAU, MISSOURI. DESCRIBED AS FOLLOWS:
PART OF OUTLOT FORTY (40) TO THE CITY OF CAPE GIRARDEAU,
MISSOURI. DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN
AT THE NORTHWEST INTERSECTION OF THEMIS STREET AND
LOUISIANA AVENUE N SAID CITY; THENCE RUN NORTH ALONG THE
WEST LINE OF LOUISIANA AVENUE 387.8 FEET TO AN IRON PIPE
FOR A CORNER; SAID CORNER BEING AT THE SOUTHWEST
INTERSECTION OF LOUISIANA AVENUE AND MCKINLEY STREET;
THENCE WEST ALONG SOUTH LINE OF MCKINLEY STREET 623.3
FEET TO AN IRON PIPE ON THE EAST LINE OF KELLER AVENUE;
r
THENCE SOUTH ALONG THE EAST LINE OF KELLER AVENUE 383.2
FEET TO AN IRON PIPE FOR A CORNER ON THE NORTH LINE OF
THEMIS STREET; THEN EAST ALONG THE NORTH LINE OF THEMIS
STREET 623 FEET TO THE PLACE OF BEGINNING, CONTAINING
5.51 ACRES.
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, 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 , 20nb.
ATTEST:
A!
Latk
GayleConrad
City Clerk
A. 9. Spradling, III/,
CA P'
F
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yor
1
0021w41
SPECIAL USE PERMIT 66'L ',1055FAG" 7 32
Cape Girardeau School District No. 63, c/o Stephen C. Del
Vecchio, Business Manager, 61 North Clark Street, Cape Girardeau,
MO 63701, is hereby granted a Special Use Permit for purposes of
constructing, maintaining and operating an addition to Franklin
School, on the following described property for an indefinite
period of time:
THE SOUTH PART OF LOT NUMBER TWENTY-NINE (29) OF
HENDERSON'S SUBDIVISION OF OUTLOT FORTY (40), OF SURVEY
#2199, CONFIRMED TO LOUIS LORIMIER, SR., IN THE CITY OF
CAPE GIRARDEAU, MISSOURI. DESCRIBED AS FOLLOWS:
PART OF OUTLOT FORTY (40) TO THE CITY OF CAPE GIRARDEAU,
MISSOURI. DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN
AT THE NORTHWEST INTERSECTION OF THEMIS STREET AND
LOUISIANA AVENUE N SAID CITY; THENCE RUN NORTH ALONG THE
WEST LINE OF LOUISIANA AVENUE 387.8 FEET TO AN IRON PIPE
FOR A CORNER; SAID CORNER BEING AT THE SOUTHWEST
INTERSECTION OF LOUISIANA AVENUE AND MCKINLEY STREET;
THENCE WEST ALONG SOUTH LINE OF MCKINLEY STREET 623.3
FEET TO AN IRON PIPE ON THE EAST LINE OF KELLER AVENUE;
THENCE SOUTH ALONG THE EAST LINE OF KELLER AVENUE 383.2
FEET TO AN IRON PIPE FOR A CORNER ON THE NORTH LINE OF
THEMIS STREET; THEN EAST ALONG THE NORTH LINE OF THEMIS
STREET 623 FEET TO THE PLACE OF BEGINNING, CONTAINING
5.51 ACRES.
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 ONDITIONS:
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.
BU54055?2'733
IN WITNESS WHEREOF, the City Manage f the City of Cape
Girardeau,nat Missouri, affixes his sige this /k.a day of
Cin, Lt , 2 0 OL)
.Michael G. Miller
City Manager
ATTEST:
AGayleConrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GI RDEAU
H1-1-
)
On this 1-1 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. 1
Delores G. Needham, Notary Public
Filed or Record
A §"2 12000
Janas mobert. Recorder
Cape Girardeau County
Jackson, Mo.
a
ooA055PAbu734
STATE OF MISSOURI ) ss
County of Cape Girardeau,)
I hereby certify that this instrument
was FILED FOR RECORD at the date
and timew �rPage
on and ' e d in
Book. . .. ..
.............
JANET ROBERT
F+ P Recorder of Deeds
B
Aj
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this I Z day of l'f , DOb , the Cape Girardeau City Council
considered the application for Special Use Permit dated 2.124/2000
filed by Cone Girardeau School District No_ 63
for the property located at 215 North Louisiana in cape _; a d au, Missouri
for the purpose of construct -incl, maintaining and operating an addition to
Franklin School_
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
city Council Findinaa:
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
(SEAL)
ATTEST:
ITY OFZBFIE GIRARDEAU, MISSOURI
EXHIBIT B