HomeMy WebLinkAboutOrd.1783.09-18-1995 ��.
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BILL NO. 95-196 ORDINANCE NO. "
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
HUMANE SOCIETY OF SOUTHEAST MISSOURI, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A CREMATORIUM FOR SMALL ANIMAL
DISPOSAL AT 2536 BOUTIN DRIVE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, The Humane Society of Southeast Missouri is the owner
of certain property in the City of Cape Girardeau, on which it
desires to construct, maintain and operate a crematorium for small
animal disposal; and
WHEREAS, the proposed location of said crematorium is 2536
Boutin Drive, which property is presently zoned R-1, Single-Family
Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in a
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 a crematorium for small animal disposal,
on the following described property:
That part of the Northwest Quarter of the Northeast
Quarter of Section 23, Township 31 North, Range 15 East,
County of Cape Girardeau, State of Missouri, containing
3 . 104 acres, more or less, described as follows:
Commence at the Northwest corner of said Northwest
Quarter of the Northeast Quarter; thence East along the
North line of said Section 23, 267.8 feet; thence South,
265. 0 feet, for the point of beginning; thence continue
South, 665. 0 feet to the North right-of-way line of
Missouri State Route "W"; thence Northeasterly along the
arc of a 7° curve to the right and the North line of said
Highway "W", 209. 3 feet; thence North, 635. 0 feet; thence
West, 208. 0 feet to the point of beginning.
is hereby granted to the Humane Society of Southeast Missouri, 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 Interim 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 �- ` ��% � , 19 �`
A. . Spradling, III, Mayor
ATTEST:
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Gayle L. Conrad
Deputy City Clerk
SPECIAL USE PERM�r
The Humane Society of Southeast Missouri, 2536 Boutin Drive,
Cape Girardeau, Missouri 63701, is hereby granted a Special Use
Permit for purposes of constructing, maintaining and operating a
crematorium for small animal disposal, on the following described
property for an indefinite period of time:
That part of the Northwest Quarter of the Northeast
Quarter of Section 23, Township 31 North, Range 15 East,
County of Cape Girardeau, State of Missouri, containing
3 . 104 acres, more or less, described as follows:
Commence at the Northwest corner of said Northwest
Quarter of the Northeast Quarter; thence East along the
North line of said Section 23, 267.8 feet; thence South,
265.0 feet, for the point of beginning; thence continue
South, 665. 0 feet to the North right-of-way line of
Missouri State Route "W" ; thence Northeasterly along the
arc of a 7° curve to the right and the North line of said
Highway "W" , 209. 3 feet; thence North, 635. 0 feet; thence
West, 208.0 feet 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
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.
5. The size of the concrete slab for the crematorium shall
be no larger than twenty (2 0) f eet by twenty-f our (2 4)
feet.
IN WITNESS WHEREOF, the Interim City Manager of the City of
Cape Girardeau, Missouri, affixes his signature this day
of , 19
Douglas K. Leslie
Interim 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 Douglas K. Leslie, to me personally known, who, being by
me duly sworn, did say that he is the Interim 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 of f icial seal, at my of f ice in Cape Girardeau, Missouri, the day
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1996