HomeMy WebLinkAboutORD.3761.11-20-2006r4
BILL NO. 06-241
ORDINANCE NO. :3'7LO
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
V.I.P. VOCATIONAL SERVICES, INC. D/B/A
HEARTLAND INDUSTRIES AND BRECKENRIDGE NINE
LIMITED PARTNERSHIP FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
COMMUNITY UNIT PLAN IN THE 100 BLOCK OF
HACKBERRY STREET, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, V.I.P. Vocational Services, Inc., d/b/a Heartland
Industries, is the owner of certain property on which V.I.P.
Vocational Services, Inc., d/b/a Heartland Industries, and
Breckenridge Nine Limited Partnership desire to construct, maintain
and operate a Community Unit Plan in the 100 block of Hackberry
Street in the City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said Community Unit Plan is
the 100 block of Hackberry Street, Cape Girardeau, MO 63701, which
property is presently zoned M-1, light industrial district; and
WHEREAS, a Special Use Permit is required for said use in an
M-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 a Community Unit Plan on the following
described property:
A Part of Out Lot No. Fifty-one (51) in United States
Private Survey No. 2199, Township 30 North, Range 14 East
of the Fifth Principal Meridian, City and County of Cape
Girardeau, State of Missouri, being more particularly
described as follows: Beginning at a 2-1/2" Iron Pipe at
the Southwest corner of Outlot No. 51, thence North 060
08' 27" East, 839.87 feet along the west line of said
Outlot no. 51 to the South right of way line of Hackberry
Street; thence South 840 09' 45" East, 290.40 feet along
said south right of way line to a 1/2" Iron Pin at the
northwest corner of a tract of land recorded in the land
records of the County Recorder's Office on Book No. 892
at Page No. 229; thence along the west and south lines of
said tract the following courses and distances: South
050 33' 41" West, 342.41 feet to a 1/2" Iron Pin; thence
South 84 degrees 08' 50" East, 177.03 feet to a 1/2" Iron
Pin; thence leaving the south line of said tract, South
06 degrees 08' 27" West, 505.65 feet to the intersection
of the northerly right of way line of Missouri State
Route 74 and the south line of Outlot no. 51; thence
North 83 degrees 09' 37" West, 470.93 feet along the
south line of Outlot no. 51 to the point of beginning.
is hereby granted to V.I.P. Vocational Services, Inc., d/b/a
Heartland Industries, and Breckenridge Nine Limited Partnership 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.
SPECIAL USE PERMIT
V.I.P. Vocational Services, Inc., d/b/a Heartland Industries,
and Breckenridge Nine Limited Partnership are hereby granted a
Special Use Permit for the purpose of constructing, maintaining and
operating a Community Unit Plan in the 100 block of Hackberry
Street, located in the City and County of Cape Girardeau, Missouri,
on the following described property for an indefinite period of
time:
A Part of Out Lot No. Fifty-one (51) in United States
Private Survey No. 2199, Township 30 North, Range 14 East
of the Fifth Principal Meridian, City and County of Cape
Girardeau, State of Missouri, being more particularly
described as follows: Beginning at a 2-1/2" Iron Pipe at
the Southwest corner of Outlot No. 51, thence North 060
08' 27" East, 839.87 feet along the west line of said
Outlot no. 51 to the South right of way line of Hackberry
Street; thence South 840 09' 45" East, 290.40 feet along
said south right of way line to a 1/2" Iron Pin at the
northwest corner of a tract of land recorded in the land
records of the County Recorder's Office on Book No. 892
at Page No. 229; thence along the west and south lines of
said tract the following courses and distances: South
050 33' 41" West, 342.41 feet to a 1/2" Iron Pin; thence
South 84 degrees 08' 50" East, 177.03 feet to a 1/2" Iron
Pin; thence leaving the south line of said tract, South
06 degrees 08' 27" West, 505.65 feet to the intersection
of the northerly right of way line of Missouri State
Route 74 and the south line of Outlot no. 51; thence
North 83 degrees 09' 37" West, 470.93 feet along the
south line of Outlot no. 51 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.
EXHIBIT A
3. This Special Use Permit shall automatically terminate in
twenty-four (24) 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 day of
20
Douglas K. Leslie
City Manager
ATTEST:
Gayle L. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 20 , before me
appeared Douglas K. Leslie, 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.
EXHIBIT A
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, 2007
LaDonna Laub, Notary Public
EXHIBIT A
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 September 26, 2006
filed by V.I.P. Vocational Services, Inc. d/b/a Heartland Industries and
Breckenridge Nine Limited Partnership for the property located in the 100 block
of Hackberry Street, Cape Girardeau, Missouri
for the purpose of constructing, maintaining and operating a Community Unit
Plan.
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 with conditions specified on attached Special Use Permit
(SEAL)
ATTEST:
CITY OF CAPE GI DD AU�SOURI
M or
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
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
(SEAL)
ATTEST:
CITY OF CAPE GI DD AU�SOURI
M or
EXHIBIT B