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HomeMy WebLinkAboutOrd.684.03-20-1989BILL NO. 89-33 ORDINANCE N0. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU CHAMBER OF COMMERCE AND THORNGATE, LTD., FOR PURPOSES OF MAINTAINING AND OPERATING A CHILD CARE FACILITY AT 100 SOUTH MINNESOTA, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Cape Girardeau Chamber of Commerce is the owner of certain property in the City of Cape Girardeau, on which Thorngate, Ltd. desires to maintain and operate a child care facility for employees of Thorngate, Ltd.; and WHEREAS, the proposed location of said child care facility is 100 South Minnesota, which property is presently zoned M-1, Light Industrial District; and WHEREAS, a Special Use Permit is required for said use in a M-1 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 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. SECTION 2. A Special Use Permit for purposes of maintaining and operating a child care facility for employees of Thorngate, Ltd., on the following described property: All that part of Out Lot Forty-two (42), U.S.P. Survey 2199, in the City of Cape Girardeau, Missouri, being also described as the North part of Block 9 of West End Place Second Addition, described as follows, to -wit: Start at the point of intersection of the West line of Louisiana Avenue with the North line of William Street. extended; thence in a Westerly direction with an extension of the North line of William Street, four hundred thirty-five (435) feet; thence in a Northerly direction parallel to the West line of Louisiana Avenue, two hundred thirty-five (235) feet for a beginning corner; thence continue in a Northerly direction parallel to the West line of Louisiana Avenue, 307.6 feet to the South right-of-way line of the Missouri -Pacific Railroad; thence in a Westerly direction along said South right-of-way line, with a curve to the right, 382.8 feet to the East line of Minnesota Avenue; thence in a Southerly direction with said East line, 235.7 feet; thence in an Easterly direction parallel to an extension of the North line of William Street, 375.0 feet to the beginning corner, being the North part of Block 9 of West End Place Second Addition. Excepting any portion of the above metes and bounds description that may be situated in Out Lot Forty-one (41). is hereby granted to Cape Girardeau Chamber of Commerce and Thorngate, Ltd., 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. SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS C. DAY OF 9, 1989. Francis E. Rhodes, Mayor ATTEST: 2"��Lx E elyn Y., LeGrand, City Clerk SPECIAL USE PERMIT Cape Girardeau Chamber of Commerce and Thorngate, Ltd. are hereby granted a Special Use Permit for purposes of maintaining and operating a child care facility for employees of Thorngate, Ltd., on the following described property for an indefinite period of time: All that part of Out Lot Forty-two (42), U.S.P. Survey 2199, in the City of Cape Girardeau, Missouri, being also described as the North part of Block 9 of West End Place Second Addition, described as follows, to -wit: Start at the point of intersection of the West line of Louisiana Avenue with the North line of William Street extended; thence in a Westerly direction with an extension of the North line of William Street, four hundred thirty-five (435) feet; thence in a Northerly direction parallel to the West line of Louisiana Avenue, two hundred thirty-five (235) feet for a beginning corner; thence continue in a Northerly direction parallel to the West line of Louisiana Avenue, 307.6 feet to the South right-of-way line of the Missouri -Pacific Railroad; thence in a Westerly direction along said South right-of-way line, with a curve to the right, 382.8 feet to the East line of Minnesota Avenue; thence in a Southerly direction with said East line, 235.7 feet; thence in an Easterly direction parallel to an extension of the North line of William Street, 375.0 feet to the beginning corner, being the North part of Block 9 of West End Place Second Addition. Excepting any portion of the above metes and bounds description that may be situated in Out Lot Forty-one (41). 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 with the right of the City of Cape Girardeau 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 zoning regulations. i IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1989. J. Ronald Fischer, City Manager ATTEST: Evelyn G. LeGrand, City Clerk STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU ) On this day of , 198 , 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 my official seal, at my office day and year first above written. My Commission Expires: October 8, 1992 hereunto set my hand and affixed in Cape Girardeau, Missouri, the Delores G. Needham, Notary Public