HomeMy WebLinkAboutORD.2591.09-20-1999BILL NO. 99-202
ORDINANCE NO. '9_591
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
NEW LIFE WORLD OUTREACH, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
CHURCH SIGN AT 720 BERTLING STREET, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, New Life World Outreach is the owner of certain
property in the City of Cape Girardeau, on which it desires to
construct, maintain and operate a church sign; and
WHEREAS, the proposed location of said church sign is 720
Bertling Street, 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 constructing,
maintaining and operating a church sign, on the following described
property:
Part of the United States Survey No. 3091, described by
metes and bounds as follows: Begin 15 feet North of the
South line of said United States Survey No. 3091, and on
the East line of a tract of land formerly owned and
occupied by I. Ben Miller; thence run North 10 34' West
for a distance of 365 feet to a point; thence run South
850 34' East for a distance of 492 feet to a point;
thence run South 20 34' West for a distance of 368 feet
to a point on the North line of the public road; thence
run North 840 West, and along the North line of the
public road, for a distance of 465 feet to the place of
beginning, and containing 4.012 acres, more or less, in
Cape Girardeau, Missouri, except any part in roads.
rA
is hereby granted to New Life World Outreach, 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 THIS0",- DAY OF >&jopt7'ft �7a-1 i , 19
ATTEST:
Gay -,-e. . Conrad
City Clerk
A. Ik. Spradling, III Xayor
A
SPECIAL USE PERMIT 6L'0r141,47FAGE242
New Life World Outreach, 270 Bertling Street, Cape Girardeau,
MO 63701, is hereby granted a Special Use Permit for purposes of
constructing, maintaining and operating a church sign, on the
following described property for an indefinite period of time:
Part of the United States Survey No. 3091, described by
metes and bounds as follows: Begin 15 feet North of the
South line of said United States Survey No. 3091, and on
the East line of a tract of land formerly owned and
occupied by I. Ben Miller; thence run North 10 34' West
for a distance of 365 feet to a point; thence run South
850 34' East for a distance of 492 feet to a point;
thence run South 20 34' West for a distance of 368 feet
to a point on the North line of the public road; thence
run North 840 West, and along the North line of the
public road, for a distance of 465 feet to the place of
beginning, and containing 4.012 acres, more or less, in
Cape Girardeau, Missouri, except any part in roads.
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.
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.
BuA021 PW243
IN WITNESS WHEREOF, the -.City ger of the City of Cape
Giardeau, Missouri, affixes his sig ature this Qlk)+ day of
Michael G. Miller
City Manager
ATTEST:
Gayle 1. Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
5�-
On this -2f day of �'1 �`� 19�, before me
appeared Michael G. Miller, to m 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.
My Commission Expires:
October 8, 2000
File -Ho Record
SEP 24 1999
Janet Robert, Recorder
Cape Girardeau County
Jackson, Mo.
l/`�'Gf�W�4/ �/ � � IG Lti- ✓�
Delores G. Needham, Notary Public
STATE OF MISSOURI � ss
County of Cape Girardeau, I
I hereby certify that this instrument
was FILED FOR RECORD,at the date
and tim shown hereon and i r orded in
Book. OJ.? ..... Page.. .... .
................
JANET _ROBERT
Recon r of Deed
By..
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of , , the Cape Girardeau City Council
considered the application for Special Use Permit dated 7/28/99
filed by New Life World Outreach
for the property located at 720 BertlingSttreet, in cane Girardeau, Missouri
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
city Council Findings:
The Proposed Special Use Permit, With
The Stated Conditions, Would:
1. Substantially increase traffic hazards or congestion X_
2. Substantially increase fire hazards X
3. Adversely affect the character of the neighborhood; _X
or in respect to special use permits for dwelling
purposes where required, be adversely affected by
the character of the neighborhood.
4. Adversely affect the general welfare of the community X_
5. Overtax public utilities. X_
6. Be in conflict with the comprehensive city plan X
The comments, testimony, evidence, exhibits, and all other matters presented at
the required public hearing are incorporated herein by reference.
Following consideration of the application, the requirements of Section 30-39 and
other relevant provisions of the City Code, testimony, exhibits and file
contents, the City Council duly deliberated the facts pertaining to the proposal
and issued the following conclusion:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
ITY OF PE GIRARDEAU, MISS OU I
(SEAL)
ATTEST: Mayo
'uoc
City G erk
EXHIBIT "B"