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HomeMy WebLinkAboutORD.2711.04-17-2000BILL NO. 2000-86 ORDINANCE NO. a_211 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GREATER DIMENSION MINISTRIES, FOR PURPOSES OF MAINTAINING AND OPERATING AN EARLY HEAD START PROGRAM AT 1215 SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Greater Dimension Ministries is the owner of certain property in the City of Cape Girardeau, on which it desires to maintain and operate an early head start program; and WHEREAS, the proposed location of said head start program is 1215 South Sprigg Street, 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 maintaining and operating an early head start program, on the following described property: All of Lots Numbered Seven (7) and Eight (8) in Block Numbered Four (4) of Giboney Houck Fourth Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 3 at Page 12, land records of Cape Girardeau County, Missouri. Except that part of Lot Numbered Eight (8) in Block Numbered Four (4) conveyed to Missouri Utilities Company in Book 143, at page 570, land records of Cape Girardeau County, Missouri. is hereby granted to Greater Dimension Ministries, 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 A. ATTEST: Gayle(l. Conrad City Clerk DAY OF ill , 20". . Spradling, III, ooacss SPECIAL USE PERMIT du,"' 1 °* Greater Dimension Ministries, c/o Calvin Bird, 3014 Aspen, Cape Girardeau, MO 63701, is hereby granted a Special Use Permit for purposes of maintaining and operating an early head start program, on the following described property for an indefinite period of time: All of Lots Numbered Seven (7) and Eight (8) in Block Numbered Four (4) of Giboney Houck Fourth Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 3 at Page 12, land records of Cape Girardeau County, Missouri. Except that part of Lot Numbered Eight (8) in Block Numbered Four (4) conveyed to Missouri Utilities Company in Book 143, at page 570, 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. 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. 86u,A055PAGEM IN WITNESS WHEREOF, the-CityTManager>of the City of Cape Girardeau, Missouri, affixes his sign a re this lk.L day of Cry , 20_00. Michael G. Miller City Manager ATTEST: .,GayleoL. Conrad City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU 1 On this day of Apr 1' 20 1 before me appeared Michael G. Miller, to e 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. My Commission Expires: October 8, 2000 Filed for Record q.'& APR 21 2000 Janet Robart, Reoorder oiVe. ackCounty son. Mo i 1 Delores G. Needham, Notary Public STATE OF MISSOURI ) ss County of Cape Girardeau, ) f' 1 hereby. certify that this instrument was KLEDI FOR "RECORD at the date and times o hh eon and is cor in Book.'- . Page... . . J ................ JANET ROBERT Recorder f Deeds B D. CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this�h day of A DD I , gLbCjb , the Cape Girardeau City Council considered the application for Special Use Permit dated 2/23/2000 filed by Greater Dimension Ministries for the property located at 191q South Sprigg Street in Cane Girardeau, Missouri In examining this application, the following factors were considered and found as noted: Yes No N/A _City CouncilFindings: 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 6TY O PE GIRARDEAU, MISSOURI (SEAL) ATTEST: May r N _� ,�� � City erk EXHIBIT B