HomeMy WebLinkAboutORD.2875.04-16-20014 '
BILL NO. 2001-70 ORDINANCE NO. ag7 S
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CHRIST EVANGELICAL PRESBYTERIAN CHURCH, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING CHURCH SIGNAGE AT 3037 LEXINGTON
AVENUE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Christ Evangelical Presbyterian Church is the owner
of certain property in the City of Cape Girardeau, on which it
desires to construct, maintain and operate church signage; and
WHEREAS, the proposed location of said church signage is 3037
Lexington Avenue, 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 church signage, on the following
described property:
A part of the East Half of the Northeast Quarter and a
part of the West Half of the Northwest Quarter, Section
26, Township 31 North, Range 13 East of the Fifth
Principal Meridian, City and County of Cape Girardeau,
State of Missouri being more particularly described as
follows: Beginning at the intersection of the south right
of way line of Lexington Avenue and the east line Section
26, from which point the Northeast corner of Section 26
bears N 00 degrees 56' 02" W, 30.00 feet; thence S 00
degrees 56' 02" E, 597.47 feet along the east line of
Section 26 to the prolongation of the north right of way
line of Jasmine Avenue (formerly known as Azalea Drive);
thence S 88 degrees 59' 48" W, 757.12 feet along the said
prolongation to the centerline of a creek branch; thence
along said centerline the following courses and
distances: N 35 degrees 47' 25" E, 60.70 feet; thence N
48 degrees 55' 14" E, 99.09 feet; thence N 25 degrees 11'
49" E, 81.00 feet; thence N 16 degrees 02' 32" E, 229.78
feet; thence N 05 degrees 05' 52" E, 62.29 feet; thence
N 29 degrees 39' 41" E, 151.11 feet to the south right of
way line of Lexington Avenue, said point being the
beginning of a non -tangent curve concave to the southeast
having a radius of 410.75 feet and a central angle of 05
degrees 03' 4911, from which point the chord bears N 86
degrees 33' 58" E; thence in a Northeasterly direction
along said curve and right of way line 36.30 feet;
thence, N 89 degrees 05' 52" E, 422.61 feet along said
right of way line to the point of beginning containing
8.04 acres more or less and subject to all easements of
record.
is hereby granted to Christ Evangelical Presbyterian 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 DAY OF `'I , 201.L.
ATTEST:
Gayle( -L. Conrad
City Clerk
A.' M. Spradling, III,( Vayor
SPECIAL USE PERMIT �-,+0"16 ()
Christ Evangelical Presbyterian Church, 3037 Lexington Avenue,
Cape Girardeau, MO 63701, is hereby granted a Special Use Permit
for purposes of constructing, maintaining and operating church
signage, on the following described property for an indefinite
period of time:
A part of the East Half of the Northeast Quarter and a
part of the West Half of the Northwest Quarter, Section
26, Township 31 North, Range 13 East of the Fifth
Principal Meridian, City and County of Cape Girardeau,
State of Missouri being more particularly described as
follows: Beginning at the intersection of the south right
of way line of Lexington Avenue and the east line Section
26, from which point the Northeast corner of Section 26
bears N 00 degrees 56' 02" W, 30.00 feet; thence S 00
degrees 56' 02" E, 597.47 feet along the east line of
Section 26 to the prolongation of the north right of way
line of Jasmine Avenue (formerly known as Azalea Drive);
thence S 88 degrees 59' 48" W, 757.12 feet along the said
prolongation to the centerline of a creek branch; thence
along said centerline the following courses and
distances: N 35 degrees 47' 25" E, 60.70 feet; thence N
48 degrees 55' 14" E, 99.09 feet; thence N 25 degrees 11'
49" E, 81.00 feet; thence N 16 degrees 02' 32" E, 229.78
feet; thence N 05 degrees 05' 52" E, 62.29 feet; thence
N 29 degrees 39' 41" E, 151.11 feet to the south right of
way line of Lexington Avenue, said point being the
beginning of a non -tangent curve concave to the southeast
having a radius of 410.75 feet and a central angle of 05
degrees 03' 4911, from which point the chord bears N 86
degrees 33' 58" E; thence in a Northeasterly direction
along said curve and right of way line 36.30 feet;
thence, N 89 degrees 05' 52" E, 422.61 feet along said
right of way line to the point of beginning containing
8.04 acres more or less and subject to all easements of
record.
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.
It
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.
4. This Special Use Permit is not transferrable without
consent of the City Council.
IN WITNESS WHEREOF, the City Manger of the City of Cape
Girardeau, Missouri, affixes his signature this /7,tf,_ day of
200.
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
City Clerk`
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
j
On this day of 20 f before me
appeared Michael G. Miller, to Je 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.
air,K11 ,.'IUE243
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, 2004
Fcled1 Record
APR 18 2001
a k qn. MoQunty
.�alav��si.
STATE OF MISSOURI ) ss
County of Cape Girardeau,
I hereby certify that . this-:; hstrument
was FILED FOR RECORD ,at% the date
and time sQ hereon and is cor• ed in
Book....,li ... Page...... .
JANET ROBERT
ego der o eeds
B
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this IIJti day of Ai1 , ,)Gu( , the Cape Girardeau City Council
considered the application fdr Special Use Permit dated 3.2./2001
filed by Christ Evangp_lical Presbyterian Church
for the property located at 3017 Lexington Avenue in Cap .ira d au, 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
(SEAL)
ATTEST:
fC Q r
City C erk
conditions spe
ied on attached Special Use Permit
ITY QI' gAPE GIRARDEAU, MIS
EXHIBIT B