HomeMy WebLinkAboutORD.3770.12-18-2006BILL NO. 06-252 ORDINANCE NO. Q
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 FOR
PURPOSES OF CONSTRUCTING, MAINTAINING, AND
OPERATING AN EXPANSION OF THE CAREER AND
TECHNOLOGY CENTER AT 1080 SOUTH SILVER SPRINGS
ROAD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Cape Girardeau School District No. 63 is the owner of
certain property on which it desires to construct, maintain and
operate an expansion of the Career and Technology Center at 1080
South Silver Springs Road, in the City and County of Cape
Girardeau, Missouri; and
WHEREAS, the proposed location of said expansion to the Career
and Technology Center is 1080 South Silver Springs Road, Cape
Girardeau, MO 63701, which property is presently zoned R-1, single-
family dwelling district; 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,
maintaining, and operating an expansion of the Career and
Technology Center on the following described property:
ALL THAT PART OF UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE
OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commence at a point on the North line of United States
Private Survey No. 173, said point also being the South
West corner of United States Private Survey No. 222;
thence South 82141156" East, 135.72 feet, to the point of
beginning: thence continue South 82141156" East, 46.36
feet; thence departing said North line, South 21154157"
West, 289.00 feet; thence South 68105103" East, 32.68
feet; thence South 21154157" West, 2696.47 feet parallel
with and 594.00 feet West of the centerline of the
Southbound lane of Missouri State Route No. 61; thence
North 68105103" West, 779.92 feet, to the centerline of
Silver Springs Road; thence along the arc of a curve to
the Northeast, said curve having a radius of 495.27 feet,
(the chord of said arc bears North 17'11'12" West, 63.66
feet), a distance of 63.71 feet; thence North 13130106"
West, 313.09 feet; thence along the arc of a curve to the
right and having a radius of 552.26 feet, (the chord of
said arc bears North 04'25'37" West, 174.21 feet), a
distance of 174.94 feet; thence departing said centerline
of Silver Springs Road, South 84156155" East, 854.57
feet; thence North 04138152" East, 1025.93 feet; thence
North 05107100" East, 543.75 feet; thence departing said
centerline of Silver Springs Road, South 84156155" East,
854.57 feet; thence North 83107107" East, 321.62 feet,
thence North 59'15'11" East, 321.62 feet; thence North
47'19'13" East 392.23 feet; to the point of beginning and
containing 66.79 acres more or less as shown on the
accompanying plot.
is hereby granted to Cape Girardeau School District No. 63, 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
DAY OF 2006.
Jay Knudtson, Mayor
SPECIAL USE PERMIT
Cape Girardeau School District No. 63 is hereby granted a
Special Use Permit for the purpose of constructing, maintaining,
and operating an expansion of the Career and Technology Center at
1080 South Silver Springs Road, 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 UNITED STATES PRIVATE SURVEY NO. 173,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL
MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE
OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commence at a point on the North line of United States
Private Survey No. 173, said point also being the South
West corner of United States Private Survey No. 222;
thence South 82141156" East, 135.72 feet, to the point of
beginning: thence continue South 82141156" East, 46.36
feet; thence departing said North line, South 21154157"
West, 289.00 feet; thence South 68105103" East, 32.68
feet; thence South 21154157" West, 2696.47 feet parallel
with and 594.00 feet West of the centerline of the
Southbound lane of Missouri State Route No. 61; thence
North 68105103" West, 779.92 feet, to the centerline of
Silver Springs Road; thence along the arc of a curve to
the Northeast, said curve having a radius of 495.27 feet,
(the chord of said arc bears North 17'11'12" West, 63.66
feet), a distance of 63.71 feet; thence North 13130106"
West, 313.09 feet; thence along the arc of a curve to the
right and having a radius of 552.26 feet, (the chord of
said arc bears North 04'25'37" West, 174.21 feet), a
distance of 174.94 feet; thence departing said centerline
of Silver Springs Road, South 84156155" East, 854.57
feet; thence North 04138152" East, 1025.93 feet; thence
North 05107100" East, 543.75 feet; thence departing said
centerline of Silver Springs Road, South 84156155" East,
854.57 feet; thence North 83107107" East, 321.62 feet,
thence North 59'15'11" East, 321.62 feet; thence North
47'19113" East 392.23 feet; to the point of beginning and
containing 66.79 acres more or less as shown on the
accompanying plot.
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
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 /YM_ day of
Doug as K. Leslie
City Manager
ATTEST:
Gayle!L). Conrad
City Cierk
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
ss.
)
On this I g� day of i _ 20 OL, , 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.
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, otary Public
LADONNA LAU$
Notary Public -Notary Seal
State of Missouri
County of Scott 4, 2007
M, Commission Expires Aub.
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 October 23, 2006
filed by Cape Girardeau School District No. 63 for the property located 1080
South Silver Springs Road, Cape Girardeau, Missouri
for the purpose of constructing, maintaining and operating an expansion of the
Career and Technology Center.
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:
d6i!/lh
City C],A�k
CITY 0 CAPE G11PARDEAU, MISSOURI
Mayor
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:
d6i!/lh
City C],A�k
CITY 0 CAPE G11PARDEAU, MISSOURI
Mayor
EXHIBIT B