HomeMy WebLinkAboutOrd.3782.01-22-2007 BILL NO. 07-5 ORDINANCE NO. .3-)Ja
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
RHEMA WORD BREAKTHROUGH INTERNATIONAL
MINISTRIES FOR PURPOSES OF MAINTAINING AND
OPERATING A DAYCARE AT 750 NORTH MT. AUBURN
ROAD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Rhema Word Breakthrough International Ministries is
the owner of certain property on which it desires to maintain and
operate a daycare at 750 North Mt . Auburn Road, in the City and
County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said daycare is 750 North
Mt . Auburn Road, Cape Girardeau, MO 63701, which property is
presently zoned R-1, single-family dwelling district; and
WHEREAS, a Special Use Permit is required for said use in an
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 maintaining
and operating a daycare on the following described property:
A parcel of land containing 4 . 00 acres, more or less
located in Out Lot 78B, in U.S. P. Survey No. 2199,
Township 31 North, Range 13 East, City and County of Cape
Girardeau, Missouri, described as follows: Start at the
Northwest corner of said Out Lot 78B; thence South 5
degrees 00' West along the West line of said U.S. P.
Survey 2199, 690 . 0 feet; thence North 79 degrees 00'
East, 37 . 0 feet to a point in the East line of the Mt.
Auburn Road for the point of beginning; thence South 5
degrees 00' West, along said East line, 360. 0 feet for a
corner, thence South 35 degrees East, 415 . 0 feet for a
corner, thence North 5 degrees 00' East, 479.0 feet for a
corner, thence South 79 degrees 00' West, 431. 7 feet to
the point of beginning.
is hereby granted to Rhema Word Breakthrough International
Ministries, 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, Missouri, and any special conditions
contained in the Special Use Permit, a copy of which is attached
hereto as Exhibit "A" , 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. Attached hereto as Exhibit "B" and incorporated
herein by reference is the formal Findings and Conclusions of the
City Council .
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THISna( DAY OF 2007 .
Jay Knudtson, Mayor
ATTEST:
AIJI
Gayle Conrad
��Cffi k
4
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SPECIAL USE PERMIT
Rhema Word Breakthrough International Ministries is hereby
granted a Special Use Permit for the purpose of maintaining and
operating a daycare at 750 N. Mt . Auburn Road, located in the
City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time :
A parcel of land containing 4 . 00 acres, more or less
located in Out Lot 78B, in U. S . P. Survey No. 2199,
Township 31 North, Range 13 East, City and County of
Cape Girardeau, Missouri, described as follows : Start
at the Northwest corner of said Out Lot 78B; thence
South 5 degrees 00' West along the West line of said
U. S.P. Survey 2199, 690 . 0 feet; thence North 79
degrees 00' East, 37 . 0 feet to a point in the East
line of the Mt . Auburn Road for the point of
beginning; thence South 5 degrees 00' West, along said
East line, 360 . 0 feet for a corner, thence South 35
degrees East, 415 . 0 feet for a corner, thence North 5
degrees 00' East, 479 . 0 feet for a corner, thence
South 79 degrees 00' West , 431 . 7 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.
I
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 ::;J?3z0t day
of � 20 07 .
t4 6111t�� Gts �/e �
6�` \ Dougl s K. Leslie
City Manager
'-ATTEST:
ay l Conrad
City erk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this cP-,5"4 day of 20 c- before me
appeared Douglas K. Leslie, 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.
LaDonna Laub, Notary Public
LADONNA LAUS
My Commission Expires : State
yo Knouri Seri
August 4 , 2007 County of Soon
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