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HomeMy WebLinkAboutOrd.1645.11-21-1994BILL NO. 94-288 ORDINANCE NO. Ad.5 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SAINT FRANCIS MEDICAL CENTER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A MEDICAL OFFICE BUILDING IN EXCESS OF THE BUILDING HEIGHT REQUIREMENTS AT 211 ST. FRANCIS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Saint Francis Medical Center is the owner of certain property in the City of Cape Girardeau, on which it desires to construct, maintain and operate a medical office building in excess of the building height requirements; and WHEREAS, the proposed location of said building is 211 St. Francis Drive, which property is presently zoned R-4, Multiple Dwelling District; and WHEREAS, a Special Use Permit is required for said use in a 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 constructing, maintaining and operating a medical office building in excess of the building height requirements, on the following described property: Start at the Northeast corner of Outlot No. 84, U.S. Private Survey No. 2199; thence South 80 15' West along the East line of said Outlot No. 84, 762.0 feet; thence North 850 08' West, 1249.1 feet to the point of beginning, which point bears South 850 08' East, 525.0 feet from the Southerly most Northeast corner of a parcel of land as same is described in a deed recorded in Book 239 at Page 665 of the land records of Cape Girardeau County, Missouri; thence continue North 850 08' West, to said Northeast corner 525.0 feet; thence South 30 49' West, along the East line of said parcel 919.3 feet to the North line of Gordonville Road; thence North 880 03' East, along the North line of said road 527.6 feet; thence North 30 49' East, 856.4 feet to the point of beginning, and containing 10.7 acres, more or less. is hereby granted to Saint 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 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 r. . f t DAY OF , 19/1-/ . 6rwlwwRIL449 A. M. Spradling, III ayor ATTEST: Gam, Lf ,1_,10 A &ll a- Gay14 L. Conrad Deputy City Clerk SPECIAL USE PERMIT Saint Francis Medical Center, 211 St. Francis Drive, Cape Girardeau, Mo 63702-8399 is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a medical office building in excess of the building height requirements, on the following described property for an indefinite period of time: Start at the Northeast corner of outlot No. 84, U.S. Private Survey No. 2199; thence South 80 15' West along the East line of said outlot No. 84, 762.0 feet; thence North 851 08' West, 1249.1 feet to the point of beginning, which point bears South 850 08' East, 525.0 feet from the Southerly most Northeast corner of a parcel of land as same is described in a deed recorded in Book 239 at Page 665 of the land records of Cape Girardeau County, Missouri; thence continue North 850 08' West, to said Northeast corner 525.0 feet; thence South 30 49' West, along the East line,of said parcel 919.3 feet to the North line of Gordonville Road; thence North 881 03' East, along the North line of said road 527.6 feet; thence North 30 49' East, 856.4 feet to the point of beginning, and containing 10.7 acres, more or less. 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: l- Add-itions---ormodif-ic-ations--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 J. Ronald Fischer, 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 J. Ronald Fischer, 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, 1996