HomeMy WebLinkAboutORD.2713.04-17-2000k,
BILL NO. 2000-88
ORDINANCE NO. dl 3
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING TEMPORARY ADMINISTRATIVE FACILITIES
AT 2536 BOUTIN DRIVE, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, The Humane Society of Southeast Missouri is the owner
of certain property in the City of Cape Girardeau, on which it
desires to construct, maintain and operate temporary administrative
facilities; and
WHEREAS, the proposed location of said administrative
facilities is 2536 Boutin Drive, 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 temporary administrative facilities, on
the following described property:
A TRACT OF LAND SITUATED IN THE NW1/4 OF THE NE1/4 OF
SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST IN CAPE
GIRARDEAU COUNTY, MISSOURI, CONTAINING 3.104 ACRES (MORE
OR LESS). DESCRIBED AS FOLLOWS:
Commence at the NW corner of said NW1/4 NE1/4; thence
East along the North line of said Section 23, 267.8 feet;
thence South, 265.0 feet for the point of beginning,
thence continue South 665.0 feet to the North R/W line of
Highway "W"; thence Northeasterly along the arc of a
7 -degree curve to the right and the North line of said
Highway "W", 209.3 feet; thence North, 635.0 feet; thence
West 208.0 feet to the point of beginning.
U
GRANTORS RETAIN FOR THEMSELVES, THEIR HEIRS AND ASSIGNS,
THE RIGHT OF USE, INGRESS MID EGRESS FOR THEMSELVES,
THEIR HEIRS AND ASSIGNS, AND THEIR RESPECTIVE INVITEES
AND LICENSEES OVER THE EXISTING ROAD WITH ITS CENTERLINE
DESCRIBED AS FOLLOWS
Begin 15.0 feet East of the NW corner of the above
described tract and go thence South 190 30' East, 58.0
feel; thence South 330 00' East 160.0 feet; thence South
140 00' East, 65.0 feet; thence South 20 30' East, 130.0
feet; thence South 70 30' East, 100.0 feet; thence South
170 30' West, 70.0 feet; thence South 51030' West, 115.0
feet; thence South 120 30' West, 37.2 feet to the North
R/W line of said Highway "W" and there terminating.
is hereby granted to The Humane Society of Southeast Missouri, 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 , 20.
ATTEST:
Gayle Conrad
City Clerk
A.'M. Spradling, III,(Miyor
SPECIAL USE PERMIT
OOACSG
The Humane Society of Southeast Missouri, c/o Kimberly Peters,
2536 Boutin Drive, Cape Girardeau, MO 63701, is hereby granted a
Special Use Permit for purposes of constructing, maintaining and
operating temporary administrative facilities, on the following
described property for a period of two (2) years:
A TRACT OF LAND SITUATED IN THE NW1/4 OF THE NE1/4 OF
SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST IN CAPE
GIRARDEAU COUNTY, MISSOURI, CONTAINING 3.104 ACRES (MORE
OR LESS). DESCRIBED AS FOLLOWS:
Commence at the NW comer of said NW1/4 NE1/4; thence East
along the North line of said Section 23, 267.8 feet;
thence South, 265.0 feet for the point of beginning,
thence continue South 665.0 feet to the North R/W line of
Highway "W"; thence Northeasterly along the arc of a
7 -degree curve to the right and the North line of said
Highway "W", 209.3 feet; thence North, 635.0 feet; thence
West 208.0 feet to the point of beginning.
GRANTORS RETAIN FOR THEMSELVES, THEIR HEIRS AND ASSIGNS,
THE RIGHT OF USE, INGRESS MID EGRESS FOR THEMSELVES,
THEIR HEIRS AND ASSIGNS, AND THEIR RESPECTIVE INVITEES
AND LICENSEES OVER THE EXISTING ROAD WITH ITS CENTERLINE
DESCRIBED AS FOLLOWS
Begin 15.0 feet East of the NW corner of the above
described tract and go thence South 190 30' East, 58.0
feel; thence South 33° 00' East 160.0 feet; thence South
140 00' East, 65.0 feet; thence South 20 30' East, 130.0
feet; thence South 70 30' East, 100.0 feet; thence South
170 30' West, 70.0 feet; thence South 51030' West, 115.0
feet; thence South 120 30' West, 37.2 feet to the North
R/W line of said Highway "W" and there terminating.
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.
Buu 4055-m 720
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.
5. The temporary administrative facilities shall be allowed
for a period of two (2) years from the date of execution
of this Special Use Permit.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his sign ure this lkik--- day of
4 , 20 LoO_ .
Michael G. Miller
City Manager
ATTEST:
n C i Lit, cGi
Gayle . Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GI A RDEAU )
On thisJ ►� day of y'� 20 before me
appeared Michael G. Miller, to de 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
Filedfior Record
APR 21 2000
Janet Robert, Recorder
Cape Girardeau County
Jackson, Mo.
dhg.
a,—
Delores G. Needham, Notary Public
STATE OF MISSOURI
County of Cape Girardeau,) ss
r' C 1
I hereby certify that this instrument
was FILED FOR RECORD at the date
and times s `Lon and is r or�de,jn
Book,/ Page../...7
r:
�...............
JANET ROBERT
Recorder of Deeds
B
IL
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this � day of , &O W , the Cape Girardeau City Council
considered the application for Special Use Permit dated 2/25/2000
filed by The Humane Society of Southeast Missouri
for the property located at 2536 Boutin Drive in Cane Girardeau, Missouri
for the purpose of construrt-JnC-IF maint-AininQ and npPratina temporary
adminiqfrAtivp --
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
(SEAL)
ATTEST:
Ifl. 11, mwomelmwyo"
ied on attached Special Use Permit
ITY OF/I<AK GIRARDEAU, MISSOURI
Mavdr
EXHIBIT B