HomeMy WebLinkAboutORD.2874.04-16-2001f
BILL NO. 2001-69 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CAPE GIRARDEAU CHURCH OF GOD, FOR PURPOSES OF
MAINTAINING AND OPERATING CHILD CARE THROUGH
THE EARLY HEAD START PROGRAM AT 624 SOUTH
ELLIS STREET, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Cape Girardeau Church of God is the owner of certain
property in the City of Cape Girardeau, on which it desires to
maintain and operate child care through the Early Head Start
Program; and
WHEREAS, the proposed location of said child care is 624 South
Ellis Street, which property is presently zoned R-3, Two -Family
Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-3 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 child care through the Early Head Start Program mini -
warehouse storage buildings, on the following described property:
Lots 9, 10, 11 and 12 in Block 1 of Giboney Houck's Third
Subdivision in the City of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 2 at Page 51.
is hereby granted to Cape Girardeau Church of God, 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
F
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\Ci, - DAY OF , 20-a-1.
ATTEST:
e
Gayle Conrad
City Clerk
A. �: Spradling, tff, Mayor
SPECIAL USE PERMIT -
Cape Girardeau Church of God, c/o John S. Goff, Pastor, 620
South Ellis Street, Cape Girardeau, MO 63703, is hereby granted a
Special Use Permit for purposes of maintaining and operating child
care through the Early Head Start Program, on the following
described property for an indefinite period of time:
Lots 9, 10, 11 and 12 in Block 1 of Giboney Houck's Third
Subdivision in the City of Cape Girardeau, Missouri, as
shown by plat recorded in Plat Book 2 at Page 51.
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 CONDITIONS:
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.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this /-i4k day of
"1al A K , 20 C1_ .
,t
Michael G. Miller
City Manager
ATTEST:
is
1
�
GayleOL. Conrad
City Clerks
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU )
if"
On this I day of A P r , 20 d / 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
my official seal, at my office in
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8., 2004
r� P) C�� .
Filed
rRcord
APR 18 2001
,�ar,�y4 ���a�i�rs, P9sea�rr�mr
mpo 01riA OU 00unty
(2, ��' ��)
hereunto set my hand and affixed
Cape Girardeau, Missouri, the day
STATE OF MISSOURI
County of Cape Girardeau,) ss
I hereby certify that this instrument
was FILED FOR RECORD at the date
and times 9w hereon and is r - c ded in
Book ....
m ...Page.. ,a! .... .
JANET ROBERT
cUod of eds
By . .
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of y the Cape Girardeau City Council
considered the application for Special Use Permit dated 2/14/2007
filed by Cane Girardeau Church of God
for the property located at 694 South Ellis Street in ane Girardeau,Missouri
purposefor the of maintainina and nppratinq child rarp through .- Varly Head
Start .. m
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 s
(SEAL)
ified on attached Special Use Permit
CITY 0/,APE GIRARDEJ�U, MISSOURI
ATTEST: Ma
City Cl/Ark
EXHIBIT B