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HomeMy WebLinkAboutCityMgrForm.1427.02-21-1979 , . � CITY MANAGER FORM ORDINANCE N0. �� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE RETIREMENT COMMUNITY, INC. FOR PURPOSES OF MAINTAINING AND OPERATING TWO RETAIL BEAUTY SHOPS AND A RETAIL PHARMACY WITHIN THE MAIN CHATEAU GIRARDEAU BUILDING, TO BE LOCATED ON PART OF OUT LOT NO. 83 IN U.S.P. SURVEY N0. 2199 , IN THE CITY AND COUNTY OF CAPE GIIRARDEAU, MIS50URI WHEREAS, Cape Retirement Community, Inc. is the owner of certain property in the City of Cape Girardeau, Missouri, on which it desires to maintain and operate two (2) retail beauty shops and a retail pharmacy within the main Chauteau Girardeau Building; and WHEREAS, the proposed location of the said beauty shops and pharmacy is within the main Chateau Girardeau Building at Mt. Auburn Road and Independence Street, in the City of Cape Girardeau, Missouri, which said property is presently zoned R-4 , Multiple Dwelling District; and WHEREAS, A Special Use Permit is required for said retail beauty shops and retail pharmacy use in a R-4 zone; NOLJ, THEREFORE, BE IT ORDAINED BY TH� 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 the purposes of maintaining and operating two (2) retail beauty shops and a retail pharmacy within the main Chateau Girardeau Building, on the following described property: All that part of Out Lot No. 83 in U.S.P. Survey No. 2199 in the City of Cape Girardeau, Missouri, described as follows : Start at the SW corner of Out Lot 83 and run S. 82° 30' E. , 35. 0 feet to the E. line of Mt. Auburn Road; thence N. 6° 00 ' E. , 466. 9 feet to the intersection of the . ,� E. line of Mt. Auburn Road with the N. line of Independence Street for the point of beginning; thence continue N. 6° 00 ' E. along the E. line of Mt. Auburn Road 1, 073 .1 feet; thence S. 83° 00' E. , 198.6 feet; thence N. 6° 00 ' E. , 10. 0 feet to the SE corner of Lot 18 of Auburn Park Subdivision; thence S. 83° 00 ' E. , along the S. line of said subdivision 727 .8 feet; thence S. 6° 00' W. , 1, 060. 6 feet to a point on the N. line of Independence Street; thence N. 84° 42 ' W. , 926. 33 feet to the point of beginning, containing 22.799 acres, more or less. is hereby granted to Cape Retirement Community, Inc. , to be effective ten (10) days after the date of passage and approval of this ordinance. The Special Use Permit 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, 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, marked Exhibit "A" and incorporated herein by reference. The Mayor is hereby given the power to execute the Special Use Permit for and an 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. .�' � -�� PASSE� AND APPROVED TY�IS v�� DAY OF ��'L"-� , 1979. . ... .. __. , _. 1 �. _._ � MAYOR ATTEST: j�' . �.��(�(e L� O�-L—� CITY CL RK SPECIAL USE PERMIT Cape Retirement Community, Inc. , a Missouri Corporation, is hereby granted a Special Use Permit for purposes of maintaining and operating two (2) retail beauty shops and a retail pharmacy • within the main Chateau Girardeau Building, on the following described property for an indefinite period: Al1 that part of Out Lot No. 83 in U.S.P. Survey No. 2199 in the City of Cape Girardeau, Missouri, described as follows : Start at the SW corner of Out Lot 83 and run S. 82° 30' E. , 35. 0 feet' to the E. line of Mt. Auburn Road; thence N. 6° 00' E. , 466 . 9 feet to the intersection of the E. line of Mt. Auburn Road with the N. line of Independence Street for the point of beginning; thence continue N. 6° 00 ' E. along the E. line of Mt. Auburn Road 1, 078. 1 feet; thence S. 83° 00 ' E. , 198. 6 feet; thence N. 6° 00 ' E. , 10. 0 feet to the SE corner of Lot 18 of Auburn Park Subdivision; thence S. 83° 00' E. , along the S. line of said subdivision 727 .$ - feet; thence S. 6° 00' w. , 1, 060.6 feet to a point on the N. line of Independence Street; thence N. 84° 42 ' W. , 926. 33 feet to the point of beginning, containing 22.799 acres, more or less. The 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. Use is restricted to maintaining and operating two (2) retail beauty shops and a retail pharmacy within the main Chateau Girardeau Building. 2. No external commercial signs shall be erected. . 3. Special Use shall meet all zoning regulations. 4. Additions or modifications from original building permit must be approved by the City Council. EXHIBIT p/'1n , . . 5. This Special Use Permit shall be binding upon the heirs, executors, successors and assigns of Cape Retirement Community, Inc. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau, Missouri, affixes his signature this day of , 1979. . ����ul1 k. Paul W. Stehr, Mayor ATTEST: Verna L. Landis, City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 1979, before me appeared PAUL W. STEHR, to me personally known, who, being by tne duly sworn, did say that he is the Mayor 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, 1980 2.