HomeMy WebLinkAboutORD.2995.04-15-2002BILL NO. 02-66
ORDINANCE NO. j`1c% S
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CAPE GIRARDEAU PUBLIC SCHOOLS FOR PURPOSES OF
CONSTRUCTING AND MAINTAINING A MARQUEE SIGN AT
ALMA SCHRADER SCHOOL, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU,MISSOURI
WHEREAS, Cape Girardeau Public Schools is the owner of certain
property in the City of Cape Girardeau, on which Cape Girardeau
Public Schools desires to construct and maintain a marquee sign at
Alma Schrader School in the City and County of Cape Girardeau,
Missouri; and
WHEREAS, the proposed location of said marquee sign is 1360
Randol Avenue, Cape Girardeau, MO 63701, which property is
presently zoned R-1, Residential; 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
and maintaining a marquee sign on the following described property:
All that part of Lots Two (2), 77 in U.S. Private Survey
NO. 2199, Township Thirty-one (31) North, Range Thirteen
(13) East, described as follows:
Start at the Northeast corner of Out Lot 76; thence North
820 40' West along the North line of Out Lot 76, 598.7
feet for a point of beginning; thence continue North 820
40' West along the North line of Out Lot 76 a distance of
650.0 feet to the East line of Randol Avenue as shown on
Plat of Randol Subdivision recorded in Plat Book 5, at
It
page 53; thence South 60 45' East along the East line of
Randol Avenue a distance of 919.5 feet; thence North 740
28' East a distance of 642.9 feet, more or less, to the
Southeast corner of a tract of ground conveyed to Narvol
A. Randol and Dorothy K. Randol, husband and wife, by
Warranty Deed recorded in Book 166, at page 563; thence
North 70 50' West a distance of 661.5 feet to the point
of beginning.
is hereby granted to Cape Girardeau Public Schools 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
ATTEST:
Gayle L,: Conrad
City Clerk
DAY OF 2 0 .
Jay B. Knudtson, Mayor
k- 7
st
f
SPECIAL USE PERMIT BoA205FA0, 35
Cape Girardeau Public Schools is hereby granted a Special Use
Permit for purposes of constructing and maintaining a marquee sign
at Alma Schrader School located in the City and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time:
All that part of Lots Two (2), 77 in U.S. Private Survey
NO. 2199, Township Thirty-one (31) North, Range Thirteen
(13) East, described as follows:
Start at the Northeast corner of Out Lot 76; thence North
820 40' West along the North line of Out Lot 76, 598.7
feet for a point of beginning; thence continue North 820
40' West along the North line of Out Lot 76 a distance of
650.0 feet to the East line of Randol Avenue as shown on
Plat of Randol Subdivision recorded in Plat Book 5, at
page 53; thence South 60 45' East along the East line of
Randol Avenue a distance of 919.5 feet; thence North 740
28' East a distance of 642.9 feet, more or less, to the
Southeast corner of a tract of ground conveyed to Narvol
A. Randol and Dorothy K. Randol, husband and wife, by
Warranty Deed recorded in Book 166, at page 563; thence
North 70 50' West a distance of 661.5 feet to the point
of beginning.
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.
BnK12,05 PAc�Q36
4. This Special Use Permit is not transferrable without
consent of the City Council. __
IN WITNESS WHEREOF, t�City Manager of the City of Cape
Girardeau, Missouri, affies his signa,ure this ;' day of
2 0 t' -
Michael G. Miller
City Manager
ATTEST:
f
Gayle L.`Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this 17th day of April , 20 02 , 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.
'4�_
a onna Laub, N ary Public
My Commission Expires: 7---' LAD®NNA LAUB
August 4, 2003 Notary Public -Notary Seal
Stwte of Vicsot d i
• r`
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this'
day of the Cape Girardeau City Council
considered the application for Special Use Permit dated 2-27-2002
filed by Cape Girardeau Public Schools
for the property located at 1360 Randol Avenue, Cape Girardeau,
Missouri
for the purpose of constructing and maintaining a marquee sign at Alma Schrader
School located in the City and County of Cape Girardeau, Missouri
In examining this application, the following factors were considered and found
as noted:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
CITY OF CAPE GIRARDEAU, MISSOURI
(SEAL)
ATTEST: Mayor
City Clerk
EXHIBIT B
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
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 with conditions specified on attached Special Use Permit
CITY OF CAPE GIRARDEAU, MISSOURI
(SEAL)
ATTEST: Mayor
City Clerk
EXHIBIT B