HomeMy WebLinkAboutORD.3050.09-16-2002BILL NO. 02-173 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LACROIX UNITED METHODIST CHURCH FOR PURPOSES
OF PLACEMENT OF A TEMPORARY MODULAR SINGLE -
WIDE OFFICE UNIT AT 3102 LEXINGTON AVENUE IN
THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, LaCroix United Methodist Church is the owner of
certain property in the City of Cape Girardeau, on which LaCroix
United Methodist Church desires to place a temporary modular
single -wide office unit in the City and County of Cape Girardeau,
Missouri; and
WHEREAS, the proposed location of said temporary modular
single -wide office unit is 3102 Lexington Avenue, Cape Girardeau,
MO 63701 which property is presently zoned R-1, Single Family
Residential 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 placement of
a temporary modular single -wide office unit, on the following
described property:
A parcel of land containing 1.0 acre more or less located
in the west half of the northeast quarter of fractional
section 26, township 31 north, range 13 east, described
as follows:
Start at the Southwest corner of Section 23 in said
Township and Range, said corner being North 26.39 chains
from the Southwest corner of U.S.P. Survey No. 3314;
thence East 2,914.0 feet to an intersection with the
centerline of State Highway Route "W" at Station 481 +
22.0; thence along said centerline South 200 56' East
78.0 feet to Station 482 + 00; thence South 210 08' East
990.4 feet to Station 491 + 90.4, the point of a 30 curve
to the left; thence along the arc of said curve having a
radius of 1910.0 feet, a distance of 483.9 feet to the
point of tangent; thence South 350 39' East 160.7 feet;
thence North 540 21' East 35.0 feet to a point in the
east right of way line of said Route "W" for the point of
beginning; thence North 350 30' West along said east
right of way line 160.7 feet to the point of a curve to
the right; thence along the arc of said curve, having a
radius of 1875.1 feet, a distance of 135.2 feet for a
corner; thence North 560 25' East 150.0 feet for a
corner; thence along a line parallel to and 150.0 feet
east of said east right of way line, in a southeasterly
direction along the arc of a curve to the left, having a
radius of 1725.1 feet, 124.3 feet to the point of
tangent; thence South 350 39' East 160.7 feet for a
corner; thence South 540 21' West 150.0 feet to the point
of beginning.
Also, that part of the west half of the northeast quarter
of Section 26, Township 31 North, Range 13 East of the
Fifth Principal Meridian, described as follows:
Commence at the Northeast corner of said west half of the
Northeast Quarter; thence southerly along the east line
of said west half, 1066.0 feet to a 1/2 inch iron rod at
the southeast corner of a 5.0 acre tract (church
property) for a place of beginning; thence continue
southerly along said line, 970.5 feet to a 1/2 inch iron
rod; thence south 860 32-1/2' West, 57.48 feet to a 1/2
inch iron rod on the east right of way line of State
Route W, said right of way being 80 feet easterly of the
surveyed centerline of said Route W; thence northwesterly
along said right of way on a curve to the left having a
radius of 558.34 feet, a distance of 43.95 feet to a
point 80 feet opposite and normal to Centerline Station
503 plus 75; thence north 410 57' West along said right
of way, 129.95 feet to a point 50 feet opposite and
normal to Centerline Station 502 + 63.7; thence north 400
53' 08" west along said right of way, 164.39 feet to a
point 35 feet opposite and normal to Centerline Station
501 + 00; thence north 350 39' west along said right of
way, begin parallel to said centerline, a distance of
265.0 feet to a 1/2 inch iron rod at the southerly corner
of a 1.0 acre tract (Keele); thence north 540 21' East,
150.0 feet; thence north 350 39' West, 160.7 feet; thence
northwesterly on a curve to the right having a radius of
1725.1 feet, a distance of 124.3 feet to the most
northerly corner of said 1.0 acre; thence northeasterly
along the south line of said 5.0 acre tract, 473.5 feet
(Calc. - 470.8 feet) to the place of beginning.
Subject to all rights of way and easements, if any,
affecting the same.
Less and excepting the following described tract:
That part of the West half of the Northeast quarter of
Section 26, Township 31 North, Range 13, East of the
Fifth Principal Meridian, described as follows: Commence
at the Northeast corner of said West half of the
Northeast quarter; thence Southerly along the 1/16 line,
1409.20 feet to the Southeast right-of-way line of
Lexington Avenue for a place of beginning; thence South
0 deg. 29 min. 46 sec. West along said 1/16 line, 627.03
feet; thence South 88 deg. 26 min. 07 sec. West, 56.81
feet to the East right-of-way line of State Route W;
thence Northerly along said right-of-way on a curve to
the left having a radius of 558.34 feet, a distance of
44.00 feet (chord bears North 18 deg. 20 min. 43 sec.
West, 43.99 feet); thence North 39 deg. 44 min. 56 sec.
West along said right-of-way, 130.16 feet; thence North
38 deg. 47 min. 29 sec. West along said right-of-way,
113.45 feet; thence North 3 deg. 50 min. 13 sec. East
along the South right-of-way line of Lexington Avenue,
100.79; thence North 35 deg. 26 min. 28 sec. East along
said right-of-way, 176.36 feet; thence North 37 deg. 34
min. 34 sec. East, 80.16 feet; thence North 48 deg. 50
min. 51 sec. West along said right-of-way, 5.00 feet;
thence North 41 deg. 09 min. 09 sec. East along said
right-of-way, 115.87 feet to the place of beginning, in
the City of Cape Girardeau, Cape Girardeau County,
Missouri, containing 2.008 acres.
is hereby granted to LaCroix United Methodist 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 20()4.
Jay udtson, Mayor
ATTEST: __
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Gayle,,'Jt. Conrad'`'
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City Clerk
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SPECIAL USE PERMIT BooK1250 PACE336
LaCroix United Methodist Church is hereby granted a Special
Use Permit for purposes of placement of a temporary modular single -
wide office unit at 3102 Lexington Avenue in the City and County of
Cape Girardeau, Missouri, on the following described property until
such time as the new church addition presently under construction
is complete:
A parcel of land containing 1.0 acre more or less located
in the west half of the northeast quarter of fractional
section 26, township 31 north, range 13 east, described
as follows:
Start at the Southwest corner of Section 23 in said
Township and Range, said corner being North 26.39 chains
from the Southwest corner of U.S.P. Survey No. 3314;
thence East 2,914.0 feet to an intersection with the
centerline of State Highway Route "W" at Station 481 +
22.0; thence along said centerline South 200 56' East
78.0 feet to Station 482 + 00; thence South 210 08' East
990.4 feet to Station 491 + 90.4, the point of a 30 curve
to the left; thence along the arc of said curve having a
radius of 1910.0 feet, a distance of 483.9 feet to the
point of tangent; thence South 350 39' East 160.7 feet;
thence North 540 21' East 35.0 feet to a point in the
east right of way line of said Route "W" for the point of
beginning; thence North 350 30' West along said east
right of way line 160.7 feet to the point of a curve to
the right; thence along the arc of said curve, having a
radius of 1875.1 feet, a distance of 135.2 feet for a
corner; thence North 560 25' East 150.0 feet for a
corner; thence along a line parallel to and 150.0 feet
east of said east right of way line, in a southeasterly
direction along the arc of a curve to the left, having a
radius of 1725.1 feet, 124.3 feet to the point of
tangent; thence South 350 39' East 160.7 feet for a
corner; thence South 540 21' West 150.0 feet to the point
of beginning.
Also, that part of the west half of the northeast quarter
of Section 26, Township 31 North, Range 13 East of the
Fifth Principal Meridian, described as follows:
Commence at the Northeast corner of said west half of the
Northeast Quarter; thence southerly along the east line
of said west half, 1066.0 feet to a 1/2 inch iron rod at
the southeast corner of a 5.0 acre tract (church
BooKI250 PACE337
property) for a place of beginning; thence continue
southerly along said line, 970.5 feet to a 1/2 inch iron
rod; thence south 860 32-1/2' West, 57.48 feet to a 1/2
inch iron rod on the east right of way line of State
Route W, said right of way being 80 feet easterly of the
surveyed centerline of said Route W; thence northwesterly
along said right of way on a curve to the left having a
radius of 558.34 feet, a distance of 43.95 feet to a
point 80 feet opposite and normal to Centerline Station
503 plus 75; thence north 410 57' West along said right
of way, 129.95 feet to a point 50 feet opposite and
normal to Centerline Station 502 + 63.7; thence north 400
53' 08" west along said right of way, 164.39 feet to a
point 35 feet opposite and normal to Centerline Station
501 + 00; thence north 350 39' west along said right of
way, begin parallel to said centerline, a distance of
265.0 feet to a 1/2 inch iron rod at the southerly corner
of a 1.0 acre tract (Keele); thence north 540 21' East,
150.0 feet; thence north 350 39' West, 160.7 feet; thence
northwesterly on a curve to the right having a radius of
1725.1 feet, a distance of 124.3 feet to the most
northerly corner of said 1.0 acre; thence northeasterly
along the south line of said 5.0 acre tract, 473.5 feet
(Calc. - 470.8 feet) to the place of beginning.
Subject to all rights of way and easements, if any,
affecting the same.
Less and excepting the following described tract:
That part of the West half of the Northeast quarter of
Section 26, Township 31 North, Range 13, East of the
Fifth Principal Meridian, described as follows: Commence
at the Northeast corner of said West half of the
Northeast quarter; thence Southerly along the 1/16 line,
1409.20 feet to the Southeast right-of-way line of
Lexington Avenue for a place of beginning; thence South
0 deg. 29 min. 46 sec. West along said 1/16 line, 627.03
feet; thence South 88 deg. 26 min. 07 sec. West, 56.81
feet to the East right-of-way line of State Route W;
thence Northerly along said right-of-way on a curve to
the left having a radius of 558.34 feet, a distance of
44.00 feet (chord bears North 18 deg. 20 min. 43 sec.
West, 43.99 feet); thence North 39 deg. 44 min. 56 sec.
West along said right-of-way, 130.16 feet; thence North
38 deg. 47 min. 29 sec. West along said right-of-way,
113.45 feet; thence North 3 deg. 50 min. 13 sec. East
along the South right-of-way line of Lexington Avenue,
100.79; thence North 35 deg. 26 min. 28 sec. East along
BanK1250 PAI- F3.3H
said right-of-way, 176.36 feet; thence North 37 deg. 34
min. 34 sec. East, 80.16 feet; thence North 48 deg. 50
min. 51 sec. West along said right-of-way, 5.00 feet;
thence North 41 deg. 09 min. 09 sec. East along said
right-of-way, 115.87 feet to the place of beginning, in
the City of Cape Girardeau, Cape Girardeau County,
Missouri, containing 2.008 acres.
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.
IN WITNESS WHEREOF, the a ager of the City of Cape
Gir4rdeau, Missouri, of es his si nature this %��._ day of
Michael G. Miller
City Manager
ATTEST:
A,
k
Gayle' . Conrad
City Clerk
STATE OF MISSOURI
COUNTY OF CAPE GIRARDEAU
ss. ��cc��
Boor,1250 PACE339
On this /7+4- day of , 20 vz- , before me
appeared Michael G. Miller, to md 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:
August 4, 2003
aDonna Laub, Notary Public
C J'r', NNA l AU13
.1 Caal
C`,-' 0 c.I
CcyE Girardeau County
L- COMM. E=Ues: 08104/03
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 'E, day of . t, ici-1c,, : , , t,- the Cape Girardeau City Council
considered the application for Special Use Permit dated 7/30/2002
filed by LaCroix United Methodist Church
for the property located at 3102 Lexington Avenue, Cape Girardeau, MO 63701 for
the purpose of placement of a temporary modular single -wide office unit.
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
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
CITY OFC E GIRARDEAU, MISSOURI
(SEAL) �! _
ATTEST: Dq'ayor �
City Cl rk
EXHIBIT B
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
CITY OFC E GIRARDEAU, MISSOURI
(SEAL) �! _
ATTEST: Dq'ayor �
City Cl rk
EXHIBIT B