HomeMy WebLinkAboutORD.2965.01-22-2002BILL NO. 02-8
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE WILLIAM
0. L. SEABAUGH VOLUNTARY TRUST, THE PATRICIA L. SEABAUGH
VOLUNTARY TRUST AND AMERICARE PROPERTIES, INC., FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A
COMMUNITY UNIT PLAN FOR AN ASSISTED LIVING FACILITY FOR
THE ELDERLY, AT THE SOUTHWEST CORNER OF CAPE LA CROIX
ROAD (ROUTE W) AND DEER CREEK ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, The William 0. L. Seabaugh Voluntary Trust of
February 1, 1985, By William F. Seabaugh, Trustee, and The Patricia
L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L.
Seabaugh, Trustee are the owners of certain property in the City of
Cape Girardeau, on which Americare Properties, Inc. desires to
construct, maintain and operate a Community Unit Plan for an
assisted living facility for the elderly; and
WHEREAS, the proposed location of said facility is the
southwest corner of Cape La Croix Road (Route W) and Deer Creek
Road, 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 for an assisted
living facility for the elderly, on the following described
property:
R-4 District
A PART OF LOT NO. 1 OF CAPE LA CROIX FARMS SUBDIVISION,
AND A PART OF THE NORTHWEST QUARTER OF SECTION NO. 23,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at a %" Iron Pin at the Northeast corner of
lot no. 1 of Cape La Croix Farms Subdivision as recorded
in the land records of the County Recorder's Office in
plat book no. 17 at page no. 12, said point also being in
the centerline of County Road no. 620 from which point a
1" Iron Pipe at the Northeast corner of the Northwest
quarter of said Section no. 23 bears N 880 44' 23" E,
1396.11 feet; thence along the centerline of County Road
no. 620 the following courses and distances:
S 170 05' 43" E, 160.60 feet; thence
S 150 18' 23" E, 682.77 feet; thence
S 150 18' 59" E, 692.21 feet to a W" Iron Pin, said point
being the Southeast corner of a tract of land recorded in
book no. 766 at page no. 277, and said point also being
on the northerly Right of Way line of Missouri State
Route W; thence along said Right of Way line the
following courses and distances:
S 740 44' 40" W, 35.00 feet; thence S 110 01' 06" E,
36.49 feet to a %" Iron Pin and being the TRUE POINT OF
BEGINNING:
Thence continuing along said right of way line, S 110 01'
06" E, 98.87 feet to a %'I Iron Pin; thence S 150 15' 20"
E, 394.27 feet to a %" Iron Pin at the Southeast corner
of a tract of land recorded in the land records of the
County Recorder's Office in book no. 428 at page no. 952;
thence S 880 05' 46" W, 868.29 feet along the South line
of said tract, thence leaving the south line of said
tract, N 000 07' 19" W, 474.81 feet to the south line of
an existing easement (Deer Creek Road) recorded in book
no. 524 at page no. 377; thence along the south line of
said easement the following courses and distances:
S 810 55' 06" E, 81.20 feet; thence
N 810 28' 13" E, 176.35 feet; thence
N 880 03' 07" E, 491.67 feet to the point of beginning,
containing 8.82 acres.
is hereby granted to The William O. L. Seabaugh Voluntary Trust of
February 1, 1985, By William F. Seabaugh, Trustee, The Patricia L.
Seabaugh Voluntary Trust of February 1, 1985, By Patricia L.
Seabaugh, Trustee and Americare Properties, Inc., 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
ten days after its passage and approval.
PASSED AND APPROVED THIS
ATTEST:
/
Gayle I0 Conrad
City Clerk
DAY
in full force and effect
1
OF 2 0
A. t. Spradling, III, a r
STATE OF MISSOURI l ss
County of Cape Girardeau,)
I hereby certify that this instrument
was FILED FOR RECORD at the date
and time haw hereon and is rVcorded in
Book...Page.... 7• %%a... .
f JANET ROBERT
Recor r of De -1 s
Deputy
CDE�—fD 1 466
CAPE GIRARDEAU COUNTY, MO
RECORDER OF DEEDS
JANET ROBERT
02-04-2002 12:09:28 PM
REC. FEE: 35.00
PAGES: 5
[The above 3 inch blank space is reserved for the Recorder of Deeds Office. Do not alter or use]
RECORDER OF DEEDS
Title of Document:
Date of Document:
COVER PAGE
Special Use Permit
January 24, 2002
BOOK II82 �AG478
Grantor(s) Name & Address: City of Cape Girardeau, MO
401 Independence, P.O. Box 617
Cape Girardeau, MO 63702-0617
Grantee(s) Name & Address: The William O. L. Seabaugh Voluntary Trust of February 1,
1985, By William F. Seabaugh, Trustee, The Patricia L. Seabaugh Voluntary Trust of February 1, 1985,
By Patricia L. Seabaugh, Trustee, 3120 Independence Street, Cape Girardeau, MO 63701 and Americare
Properties, Inc., c/o Bruce Hillis, 214 North Scott Street, Sikeston, MO 63801
Legal Description: R-4 District
A PART OF LOT NO. 1 OF CAPE LA CROIX FARMS SUBDIVISION, AND A PART OF THE
NORTHWEST QUARTER OF SECTION NO. 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at a %2' Iron Pin at the Northeast corner of lot no. 1 of Cape La Croix Farms Subdivision as
recorded in the land records of the County Recorder's Office in plat book no. 17 at page no. 12, said point
also being in the centerline of County Road no. 620 from which point a 1" Iron Pipe at the Northeast
corner of the Northwest quarter of said Section no. 23 bears N 880 44' 23" E, 1396.11 feet; thence along
the centerline of County Road no. 620 the following courses and distances:
S 170 05'43" E, 160.60 feet; thence
S 150 18' 23" E, 682.77 feet; thence
[The above 3 inch blank space is reserved for the Recorder of Deeds Office. Do not alter or use]
RECORDER OF DEEDS
COVER PAGE aooK x.82 nc;1479
S 150 18' 59" E, 692.21 feet to a %2" Iron Pin, said point being the Southeast corner of a tract of land
recorded in book no. 766 at page no. 277, and said point also being on the northerly Right of Way line of
Missouri State Route W; thence along said Right of Way line the following courses and distances:
S 740 44' 40" W, 35.00 feet; thence S 11° 01' 06" E, 36.49 feet to a '/2" Iron Pin and being the TRUE
POINT OF BEGINNING:
Thence continuing along said right of way line, S 11° 01' 06" E, 98.87 feet to a'/2" Iron Pin; thence S 150
15' 20" E, 394.27 feet to a ''/2" Iron Pin at the Southeast corner of a tract of land recorded in the land
records of the County Recorder's Office in book no. 428 at page no. 952; thence S 880 05' 46" W, 868.29
feet along the South line of said tract, thence leaving the south line of said tract, N 000 07' 19" W, 474.81
feet to the south line of an existing easement (Deer Creek Road) recorded in book no. 524 at page no.
377; thence along the south line of said easement the following courses and distances:
S 810 55' 06" E, 81.20 feet; thence
N 810 28' 13" E, 176.35 feet; thence
N 880 03' 07" E, 491.67 feet to the point of beginning, containing 8.82 acres.
SPECIAL USE PERMIT
BOOK1182 PUE480
The William 0. L. Seabaugh Voluntary Trust of February 1,
1985, By William F. Seabaugh, Trustee, The Patricia L. Seabaugh
Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh,
Trustee, 3120 Independence Street, Cape Girardeau, MO 63701 and
Americare Properties, Inc., c/o Bruce Hillis, 214 North Scott
Street, Sikeston, MO 63801, are hereby granted a Special Use Permit
for purposes of constructing, maintaining and operating a Community
Unit Plan for an assisted living facility for the elderly, on the
following described property for an indefinite period of time:
R-4 District
A PART OF LOT NO. 1 OF CAPE LA CROIX FARMS SUBDIVISION,
AND A PART OF THE NORTHWEST QUARTER OF SECTION NO. 23,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at a %" Iron Pin at the Northeast corner of
lot no. 1 of Cape La Croix Farms Subdivision as recorded
in the land records of the County Recorder's Office in
plat book no. 17 at page no. 12, said point also being in
the centerline of County Road no. 620 from which point a
1" Iron Pipe at the Northeast corner of the Northwest
quarter of said Section no. 23 bears N 880 44' 23" E,
1396.11 feet; thence along the centerline of County Road
no. 620 the following courses and distances:
S 170 05' 43" E, 160.60 feet; thence
S 150 18' 23" E; 682.77 feet; thence
S 150 18' 59" E, 692.21 feet to a �" Iron Pin, said point
being the Southeast corner of a tract of land recorded in
book no. 766 at page no. 277, and said point also being
on the northerly Right of Way line of Missouri State
Route W; thence along said Right of Way line the
following courses and distances:
S 740 44' 40" W, 35.00 feet; thence S 11° 01' 06" E,
36.49 feet to a %" Iron Pin and being the TRUE POINT OF
BEGINNING:
Thence continuing along said right of way line, S 110 01'
06" E, 98.87 feet to a %" Iron Pin; thence S 150 15' 20"
E, 394.27 feet to a %" Iron Pin at the Southeast corner
BOOK1182 Fu,481
of a tract of land recorded in the land records of the
County Recorder's Office in book no. 428 at page no. 952;
thence S 880 05' 46" W, 868.29 feet along the South line
of said tract, thence leaving the south line of said
tract, N 000 07' 19" W, 474.81 feet to the south line of
an existing easement (Deer Creek Road) recorded in book
no. 524 at page no. 377; thence along the south line of
said easement the following courses and distances:
S 810 55' 06" E, 81.20 feet; thence
N 810 28' 13" E, 176.35 feet; thence
N 880 03' 07" E, 491.67 feet to the point of beginning,
containing 8.82 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 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.
5. Access to the facility shall be only from Cape LaCroix
Road (Route W); this access restriction shall only apply
to the parcel to be acquired by Americare Properties,
Inc. on which it builds the assisted living facility
permitted by this Special Use Permit.
e
IN WITNESS WHEREOF, the
Girardeau, Missouri, affixe
20 D
ATTEST:
Gayle Conrad
City Clerk
BOOK1182 , g4.82
Cites er of the City of Cape
-iis Signa ure this �Vq& day of
Michael G. Miller
City Manager
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of �/'� �'i' 20 before me
appeared Michael G. Miller, to me per onally 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, 2004
' /V
Delores G. Needham, Notary Public
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 92 day of'/
�� p the Cape Girardeau City Council
considered the application or Spea Use Permit dated 9/26/2001
filed by The William O. L. Seabaug Voluntary Trust of February 1, 1985, By
William F. Seabaugh, Trustee, The Patricia L. Seabaugh Voluntary Trust of
February 1, 1985, By Patricia L. Seabaugh, Trustee and Americare Properties,
Inc., for the property located at the southwest corner of Cape LaCroix Road
(Route W) and Deer Creek Road for the purpose of constructing, maintaining and
operating a Community Unit Plan for an assisted living facility for the elderly.
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
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
(SEAL)
ATTEST:
with conditions spe
City Clq k
IM
ied on attached Special Use Permit
MISSOURI
EXHIBIT B
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
S.
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
(SEAL)
ATTEST:
with conditions spe
City Clq k
IM
ied on attached Special Use Permit
MISSOURI
EXHIBIT B