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HomeMy WebLinkAboutOrd.1841.12-18-1995BILL NO. 95-303 ORDINANCE NO. 1�'-it AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO EAST MISSOURI ACTION AGENCY FACILITIES, INC., FOR PURPOSES OF MAINTAINING AND OPERATING COMMUNITY ACTION PROGRAMS AT 1111 LINDEN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, East Missouri Action Agency Facilities, Inc., is the owner of certain property in the City of Cape Girardeau, on which it desires to maintain and operate Community Action Programs, including Head Start, Family Planning, client services for housing and other administrative services; and WHEREAS, the proposed location of said Programs is 111.1 Linden, 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 and operating Community Action Programs, Family Planning, client services fo administrative services, on the following purposes of including r housing maintaining Head Start, and other described property: A parcel of land located in the North Half of Out Lot 52 in the City of Cape Girardeau, Missouri, described as follows: Commence at the Southeast corner of the North Half of said Out Lot 52, said point also being at the southeast corner of a tract of land conveyed to the Cape Girardeau Council on Aging and recorded in Book 413 at Page 965 of the Land Records of Cape Girardeau County, Missouri; thence North 810 33' 00" West, along the South line of said tract, 357.99 feet to a z'" rebar at the Southwest corner of said tract, and the true point of beginning; thence continue North 810 33' 00" West, 350.0 feet; thence North 070 23' 0011 East, 422.45 feet to the South line of Linden Avenue; thence South 81° 27' 26" East, 350.01 feet along the South line of Linden Avenue to a Z" rebar at the Northwest corner of the aforementioned tract; thence South 070 23' 00" West, 421.88 feet along the West line of said tract to the point of beginning. is hereby granted to East Missouri Action Agency Facilities, Inc., 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 ?O , 19. L �A�g� A. 1k. Spradling, 11 0, Mayor ATTEST: Gayl L. Conrad Deputy City Clerk SPECLAL USE PERMIT East Missouri Action Agency Facilities, Inc., 403 Glendale, Box N, Park Hills, MO 63601, is hereby granted a Special Use Permit for purposes of maintaining and operating Community Action Programs, including Head Start, Family Planning, client services for housing and other administrative services, on the following described property for an indefinite period of time: A parcel of land located in the North Half of Out. Lot 52 in the City of Cape Girardeau, Missouri, described as follows: Commence at the Southeast corner of the North Half of said Out Lot 52, said point also being at the southeast corner of a tract of land conveyed to the Cape Girardeau Council on Aging and recorded in Book 413 at Page 965 of the Land Records of Cape Girardeau County, Missouri; thence North 8111 33' 00" West, along the South line of said tract, 357.99 feet to a z" rebar at the Southwest corner of said tract, and the true point of beginning; thence continue North 810 33' 00" West, 350.0 feet; thence North 070 231 00" East, 422.45 feet to the South line of Linden Avenue; thence South 811- 27' 26" East, 350.01 feet along the South line of Linden Avenue to a k" rebar at the Northwest corner of the aforementioned tract; thence South 070 23' 00" West, 421.88 feet along the West line of said tract 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 six (6) 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 TES'T'IMONY 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, 1996