HomeMy WebLinkAboutORD.2937.09-17-2001BILL NO. 2001-181
ORDINANCE NO. 113 1
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
FIRST ASSEMBLY OF GOD CHURCH AND THE CAPE AREA
FAMILY RESOURCE CENTER, INC., FOR PURPOSES OF
MAINTAINING AND OPERATING A FAMILY RESOURCE
CENTER AT 1202 SOUTH SPRIGG STREET, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, First assembly of God Church is the owner of certain
property in the City of Cape Girardeau, on which the Cape Area
Family Resource Center, Inc. desires to maintain and operate a
Family Resource Center; and
WHEREAS, the proposed location of said resource center is 1201
South Sprigg Street, which property is presently zoned R-2, Single -
Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-2 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 family resource center, on the following described
property:
All of Lots 1 and 2, Block 4 of Giboney Houck's Stn
Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book 3, Page 11.
is hereby granted to First Assembly of God Church and the Cape Area
Family Resource Center, Inc., 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 �, , ., 20
ATTEST:
Gayle L. Conrad
City Clerk
A. M. Spradling, III, Va�'or
SPECIAL USE PERMIT ��oo
01L2714 BOOK114$ PAGE9•JO
First Assembly of God Church, 750 North Mt. Auburn Road, Cape
Girardeau, MO 63701 and the Cape Area Family Resource Center, Inc.,
1000 South Sprigg Street, Cape Girardeau, MO 63703, are hereby
granted a Special Use Permit for purposes of maintaining and
operating a family resource center, on the following described
property for an indefinite period of time:
All of Lots 1 and 2, Block 4 of Giboney Houck's 5th
Subdivision in the City of Cape Girardeau, Missouri, as
shown by Plat recorded in Plat Book. 3, Page 11.
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.
4. This Special Use Permit is not transferrable without
consent of the City Council.
f
eaaK114� PAcE959
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
zs. 20
5�hclel G. Miller
ty Manager
ATTEST:
f
Gayle L. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this �_ day of s,(,. 20 U 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.
I
Delores G. Needham, Notary Public
My Commission Expires:
October'; , 2004
Filed for Record
9 , , a0,),..,
SEP 19 2001
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orris. 6woaraeeu County
Banx I148 PV19 0
STATE OF MISSOURI ) ss
County of Cape Girardeau,
I hereby certify that this instrument
was FILED FOR RECORD, at the date
and time s o hereon and is 'recCgVo in
Book..../ ..Page ......D�.
JANET ROBERT
Rpqorder ff Deeds
Bj ....... .............
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this U,, day of �.,�Q; ;�, the Cape Girardeau City Council
considered the application fbr Special Use Permit dated 7/25/2001
filed by First Assembly of God Church and the Cape Area Family Resource Center,
Inc. for the property located at 1202 South Sprigg Street in Cape Girardeau,
Missouri for the purpose of maintaining and operating a family resource center.
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
(SEAL)
ATTEST:
'4 �7 tb (
City qLbfk
with conditions
ied on attached Special Use Permit
ITY OF C GIRARDEAU., MIS
EXHIBIT 3