HomeMy WebLinkAboutORD.2712.04-17-2000BILL NO. 2000-87 ORDINANCE NO. 921d,
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LYNWOOD BAPTIST CHURCH, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING AN
ADDITION TO THE CHURCH AND USE OF TWO MOBILE
UNITS FOR OFFICE SPACE AND CLASSROOMS AT 2935
LYNWOOD HILLS DRIVE, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Lynwood Baptist Church is the owner of certain
property in the City of Cape Girardeau, on which it desires to
construct, maintain and operate an addition to the church and for
use of two (2) 24 -foot by 60 -foot mobile units for office space and
classrooms; and
WHEREAS, the proposed location of said church use is 2935
Lynwood Hills Drive, 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 an addition to the church and for use of
two (2) 24 -foot by 60 -foot mobile units for office space and
classrooms, on the following described property:
All of that part of the Southwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, in the County of Cape Girardeau, State of
Missouri, more particularly described as follows: Begin
at the Southwest corner of said Section 23; thence North
00 20' 52" West, with the West line of said section,
769.40 feet; thence North 880 50' 56" East, 1349.59 feet;
thence South 00 20' 52" East, 780.03 feet, to a point on
the south line of said Section 23; thence with said line,
South 890 18' 00" West, 1349.48 feet to the place
beginning, and containing 24.00 acres, more or less.
is hereby granted to Lynwood Baptist Church, 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 THIS tn � DAY OF 2000.
A.'M. Spradling, III/,)Mayor
ATTEST:
'4L� I I a I -A 6amazdC
Gayle L. Conrad
City Clerk
0A' -toms
SPECIAL USE PERMIT
Lynwood Baptist Church, 2935 Lynwood Hills Drive, Cape
Girardeau, MO 63701, is hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating an addition to
the church for an indefinite period of time, and for use of two (2)
24 -foot by 60 -foot mobile units for office space and classrooms for
a period of two (2) years, on the following described property:
All of that part of the Southwest Quarter of Section 23,
Township 31 North, Range 13 East of the Fifth Principal
Meridian, in the County of Cape Girardeau, State of
Missouri, more particularly described as follows: Begin
at the Southwest corner of said Section 23; thence North
00 20' 52" West, with the West line of said section,
769.40 feet; thence North 880 50' 56" East, 1349.59 feet;
thence South 0° 20' 52" East, 780.03 feet, to a point on
the south line of said Section 23; thence with said line,
South 890 18' 00" West, 1349.48 feet to the place
beginning, and containing 24.00 acres, more or less.
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.
5. The mobile units are limited to a period of two (2) years
from the date of execution of this Special Use permit.
� �'�rTn �]1 ur 23
IN WITNESS WHEREOF, the City Manager of the City of Cape
Gira=Vi
u, Missouri, affixes his sign re this !g day of
, 20 ��
Michael G. Miller
City Manager
ATTEST:
GayleOL. Conrad
City Clerk
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU )
On this / day of R/ j , 20 (0 , before me
appeared Michael G. Miller, to Ae 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
my official seal, at my office in
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000
hereunto set my hand and affixed
Cape Girardeau, Missouri, the day
" Mg.
Filed� �� cord
APR �21 2000
Jan ar Rl ert, r�erordef
Ceps Calrerdeau County
Jackson, Mo.
.1-
8004055P1,GE724
STATE OF MISSOURI
County of Cape Girardeau,) ss
I hereby certify that this instrument
was FILED FOR RECORD at the date
and time�h��on and is�jco e�j m
Book. / Page... /.r Q1 .
................
JANET ROBERT
Recorder Deeds
By. -1
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this � day of�, 000 , the Cape Girardeau City Council
considered the application for Special Use Permit dated 2/23.12000
filed by Lynwood Baptist Church
for the property located at 2935 Lynwood Hi11a Drive n CApp Girardeau, Missouri_
for the purpose of construct --incl, mai_ntai_ni_ng and opra ing an addition to the
church and for use of two (9) 24 -foot by 60 -foot mobile units for office snare
And classrooms_
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 s
(SEAL)
ATTEST:
AJA
City C rk
fied on attached Special Use Permit
CITY APE GIRARDEAU, MISSOURI_
EXHIBIT B