HomeMy WebLinkAboutORD.3008.05-20-2002Ab
BILL NO. 02-85
ORDINANCE NO. D8
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
ST. FRANCIS MEDICAL CENTER FOR PURPOSES OF
PLACEMENT OF TWO TEMPORARY MODULAR UNITS AT
211 ST. FRANCIS DRIVE, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU,MISSOURI
WHEREAS, St. Francis Medical Center is the owner of certain
property in the City of Cape Girardeau, on which St. Francis
Medical Center desires to place two temporary modular units in the
City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said temporary modular units
is 211 St. Francis Drive, Cape Girardeau, MO 63703, which property
is presently zoned C-2, General Commercial District; and
WHEREAS, a Special Use Permit is required for said use in an
C-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 placement of
two temporary modular units on the following described property:
6.239 ACRES EAST OF SILVER SPRINGS ROAD
PART OF OUT LOT 84 OF UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, BEING FURTHER DESCRIBED AS FOLLOWS:
Beginning at a 1/2" iron pin at the Northwest corner of Lot 6, Park West Heights Subdivision as
recorded in Plat Book 12, at Page 28 of the land records of Cape Girardeau County, Missouri; thence
S 03058'56" W 457.97 feet to a I/2" iron pin at the Southwest corner of Lot 7; thence S 86 °02' 18"
E, 237.14 feet to a 1 /2" iron pin at the Northwest corner of Professional Heights Amended
Subdivision as recorded in Plat Book 14, at Page 75; thence S 02°52'08" W, 751.15 feet to a 1/2" iron
pin at the Southwest corner of a tract recorded in Deed Book 659, at Page 301, point being on the
North right-of-way line of Gordonville Road; thence coincident with said right-of-way line, along a
non -tangent curve concave to the North, having a radius of 545.00 feet, and a central angle of 19 °
21'22", an arc distance of 184.12 feet to a 1 /2" iron pin at the point of tangency (chord of said curve
.a,
bears S 77°36'20" W, 183.24 feet); thence S 87 ° 17'01 " W, 19.61 feet along said right-of-way line
to a point of curvature; thence along a curve concave to the Northeast, having a radius of 20.00 feet,
and a central angle of 94°29'09", an arc distance of 32.98 feet to the East right-of-way line of Silver
Springs Road, and a point of compound curvature; thence along a curve concave to the East, having
a radius of 679.89 feet, and a central angle of 02°01'45", an arc distance of 24.08 feet to the point of
tangency; thence N 03°47'53" E, 378.52 feet to a point of curvature; thence along a curve concave to
the West, having a radius of 530.00 feet, and a central angle of 12°28'34", an arc distance of 115.41
feet to the point of tangency; thence N 08°40'48" W, 949.86 feet continuing along the East
right-of-way line of Silver Springs Road to a point of curvature; thence along a curve concave to the
East, having a radius of 420.00 feet, and a central angle of 12 °38'46", an arc distance of 92.70 feet
to the point of tangency; thence N 03°57'58" E, 0.27 feet to a 1/2" iron pin at the Southwest corner of
Lot 13, First Park West Professional Plaza as recorded in Plat Book 11, at Page 29; thence S
84°25'57" E, 200.09 feet to a 1 /2" iron pin; thence S 04 ° 12'21 " W, 286.45 feet tot he point of
beginning, containing 6.239 acres more or less, and being subject to all easements or rights-of-way.
is hereby granted to St. Francis Medical Center 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
4-\
f DAY OF 2 0
Jay,B. Knudtson, Mayor
SPECIAL USE PERMIT 800K1217PACE635
St. Francis Medical Center is hereby granted a Special Use
Permit for purposes of placement of two temporary modular units at
211 St. Francis Drive located in the City and County of Cape
Girardeau, Missouri, on the following described property for a
thirty-six (36) month period of time:
6.239 ACRES EAST OF SILVER SPRINGS ROAD
PART OF OUT LOT 84 OF UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, BEING FURTHER DESCRIBED AS FOLLOWS:
Beginning at a 1/2" iron pin at the Northwest corner of Lot 6, Park West Heights Subdivision as
recorded in Plat Book 12, at Page 28 of the land records of Cape Girardeau County, Missouri; thence
S 03058'56" W 457.97 feet to a 1/2" iron pin at the Southwest corner of Lot 7; thence S 86 002' 18"
E, 237.14 feet to a 1 /2" iron pin at the Northwest corner of Professional Heights Amended
Subdivision as recorded in Plat Book 14, at Page 75; thence S 02°52'08" W, 751.15 feet to a 1/2" iron
pin at the Southwest corner of a tract recorded in Deed Book 659, at Page 301, point being on the
North right-of-way line of Gordonville Road; thence coincident with said right-of-way line, along a
non -tangent curve concave to the North, having a radius of 545.00 feet, and a central angle of 19 °
21'22", an arc distance of 184.12 feet to a 1 /2" iron pin at the point of tangency (chord of said curve
bears S 77°36'20" W, 183.24 feet); thence S 87 ° 1701 " W, 19.61 feet along said right-of-way line
to a point of curvature; thence along a curve concave to the Northeast, having a radius of 20.00 feet,
and a central angle of 94°29'09", an arc distance of 32.98 feet to the East right-of-way line of Silver
Springs Road, and a point of compound curvature; thence along a curve concave to the East, having
a radius of 679.89 feet, and a central angle of 02°01'45", an arc distance of 24.08 feet to the point of
tangency; thence N 03°47'53" E, 378.52 feet to a point of curvature; thence along a curve concave to
the West, having a radius of 530.00 feet, and a central angle of 12°28'34", an arc distance of 115.41
feet to the point of tangency; thence N 08°40'48" W, 949.86 feet continuing along the East
right-of-way line of Silver Springs Road to a point of curvature; thence along a curve concave to the
East, having a radius of 420.00 feet, and a central angle of 12 038'46", an arc distance of 92.70 feet
to the point of tangency; thence N 03°57158" E, 0.27 feet to a 1/2" iron pin at the Southwest corner of
Lot 13, First Park West Professional Plaza as recorded in Plat Book 11, at Page 29; thence S
84°25'57" E, 200.09 feet to a 1 /2" iron pin; thence S 04 ° 12'21 " W, 286.45 feet tot he point of
beginning, containing 6.239 acres more or less, and being subject to all easements or rights-of-way.
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.
BooK12 .7 PACE 6 6
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 Man er of the City of Cape
Girardeau, Missouri, affixes his sig ture this ,, day of
j 20
ichael G. Mi11e �-
City Manager
ATTEST:
Gayl-e L Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this I day of , 20 u.2- , before me
appeared Michael G. Miller, to me ersonally 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:
August 4, 2003
6
aDonna Laub, Notary Public
T LAVONNA LAUB
Notary Public -Notary �a:ai
state of
Capo Girardeau Ccunty
Comm. Expires: O3/04/03
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 3-28-2002
filed by St. Francis Medical Center
for the property located at 211 St. Francis Drive, Cape Girardeau, MO
63703
for the purpose of placement of two temporary modular units at 211 St. Francis
Dr., located in the City and County of Cape Girardeau, Missouri
In examining this application, the following factors were considered and found
as noted:
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 APE 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
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
CITY OF APE GIRARDEAU, MISSOURI
(SEAL) /
ATTEST: Mayor
City Clerk
EXHIBIT B