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HomeMy WebLinkAboutOrd.1110.11-18-1991 BILL NO. 91-238 ORDINANCE NO. II ��/ AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOCIETY FOR THE PROPAGATION OF FAITH, SPRINGFIELD-CAPE GIRARDEAU DIOCESE AND FAMILY COUNSELING CENTER, INC. , FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A RESIDENTIAL AND OUTPATIENT TREATMENT CENTER AT THE NORTHEAST CORNER OF LINDEN STREET AND SOUTH WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Society for the Propagation of Faith, Springfield- Cape Girardeau Diocese is the owner of certain property in the City of Cape Girardeau, on which Family Counseling Center, Inc. desires to construct, maintain and operate a residential and outpatient treatment center; and WHEREAS, the proposed location of said treatment facility is on the Northeast corner of Linden Street and South West End Boulevard, which property is presently zoned C-1, Local Commercial District; and WHEREAS, a Special Use Permit is required for said use in a C-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 residential and outpatient treatment center, on the following described property: A part of Outlot 52 of United States Private Survey No. 2199 , Township 30 North, Range 14 East, of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Commencing at a point on the North line of Outlot 52 , South 81° 30' S0" East, 914 . 10 feet from the Northeast corner of said Outlot; thence South 33° 58 ' 31" West, 97 . 71 feet; thence South 48° 57 ' 54" West, 234 . 40 feet to � , the true point of beginning; thence South 81° 31' S0" East, 289 . 05 feet; thence South 08° 34 ' 17" West, 573 . 41 feet to the North right-of-way line of Linden Street; thence North 81° 23 ' 45" West, 461. 74 feet to the East right-of-way line of West End Boulevard; thence North 07° 49' 38" East, 364 . 15 feet along the East right-of-way line of West End Boulevard; thence North 48° 57 ' 54" East, 273 . 78 feet to the point of beginning, containing 3 . 89 acres more or less and subject to the easements shown hereon. is hereby granted to Society for the Propagation of Faith, Springfield-Cape Girardeau Diocese and Family Counseling Center, 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 , 19�. `�' � , ,�j ��� .� �\ Francis E. Rhodes, Mayor ATTEST: Juli . Dale Depu City Clerk SPECIAL USE PERMIT Society for the Propagation of Faith, Springfield-Cape Girardeau Diocese and Family Counseling Center, Inc. , 925 V.V. Highway, Kennett, MO 63857 are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a residential and outpatient treatment center, located on the following described property for an indefinite period of time: A part of Outlot 52 of United States Private Survey No. 2199, Township 30 North, Range 14 East, of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Commencing at a point on the North line of Outlot 52 , South 81° 30' 50" East, 914 . 10 feet from the Northeast corner of said Outlot; thence South 33 ° 58 ' 31" West, 97 . 71 feet; thence South 48° 57 ' 54" West, 234 . 40 feet to the true point of beginning; thence South 81° 31' S0" East, 289 . 05 feet; thence South 08° 34 ' 17" West, 573 . 41 feet to the North right-of-way line of Linden Street; thence North 81° 23 ' 45" West, 461. 74 feet to the East right-of-way line of West End Boulevard; thence North 07° 49 ' 38" East, 364 . 15 feet along the East right-of-way line of West End Boulevard; thence North 48° 57 ' S4" East, 273 . 78 feet to the point of beginning, containing 3 . 89 acres more or less and subject to the easements shown hereon. This Special Use Permit is granted upon the condition that the Applicants be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicants be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicants 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 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. 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: Julie A. Dale 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, 1992