HomeMy WebLinkAboutOrd.2234.09-02-1997BILL NO. 97-200
ORDINANCE NO. rQa"�_
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT #63, FOR
PURPOSES OF MAINTAINING AND OPERATING A MOBILE
CLASSROOM AT WASHINGTON ELEMENTARY SCHOOL, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Cape Girardeau Public School District #63 is the
owner of certain property in the City of Cape Girardeau, on which
it desires to maintain and operate a mobile classroom; and
WHEREAS, the proposed location of said mobile classroom is
Washington Elementary School, 621 North Fountain Street, 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 maintaining
and operating a mobile classroom, on the following described
property:
Washington Elementary School, 621 North Fountain Street
As per County of Cape Girardeau Book #103, Page #74
A part of Out Lot 31 to the City of Cape Girardeau, more
particularly described as follows: Begin at the
intersection of the north line of Mill Street with the
east line of Middle Street extended and run east with the
north line of Mill Street feet more or less to a
boundary line between the property herein conveyed and
the premises of secon_party, known as the Washington
School property thence north with said boundary line 238
feet more or less to another boundary line between said
properties; thence west with the last mentioned boundary
line feet more or less to the east line of Middle
Street extended; thence south on the east line of Middle
Street extended to the point of beginning, so that if and
when Middle Street is hereafter extended north from Mill
Street through the property of said first parties, the
said Washington School property will then adjoin all of
Middle Street between Mill and Pearl Streets; and it is
understood between the parties hereto that the delivery
of this deed by first parties and its acceptance by
second party evidence the laying out and opening of Mill
Street for public use a 60 -foot street between the west
line of Fountain Street and the west line of Middle
Street, all in the City of Cape Girardeau.
is hereby granted to Cape Girardeau Public School District #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 and any special conditions contained in
the Special Use Permit, a copy of which is attached hereto 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. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF 1. 1997.
A. k4. Spr'adling, II/f, Mayor
ATTEST:
It"e"A &" "(/-
Gayle Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Cape Girardeau Public School District #63, 61 North Clark
Street, Cape Girardeau, MO 63701, is hereby granted a Special Use -
Permit for purposes of maintaining and operating a mobile
classroom, on the following described property for an indefinite
period of time:
Washington Elementary School, 621 North Fountain Street
As per County of Cape Girardeau Book #103, Page #74
A part of Out Lot 31 to the City of Cape Girardeau, more
particularly described as follows: Begin at the
intersection of the north line of Mill Street with the
east line of Middle Street extended and run east with the
north line of Mill Street feet more or less to a
boundary line between the property herein conveyed and
the premises of secon_party, known as the Washington
School property thence north with said boundary line 238
feet more or less to another boundary line between said
properties; thence west with the last mentioned boundary
line feet more or less to the east line of Middle
Street extended; thence south on the east line of Middle
Street extended to the point of beginning, so that if and
when Middle Street is hereafter extended north from Mill
Street through the property of said first parties, the
said Washington School property will then adjoin all of
Middle Street between Mill and Pearl Streets; and it is
understood between the parties hereto that the delivery
of this deed by first parties and its acceptance by
second party evidence the laying out and opening of Mill
Street for public use a 60 -foot street between the west
line of Fountain Street and the west line of Middle
Street, all in the City of Cape Girardeau.
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.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
, 19
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000