HomeMy WebLinkAboutORD.3115.12-16-2002BILL NO. 02-276
ORDINANCE NO. 11
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
MAPLE UNITED METHODIST CHURCH FOR PURPOSES OF
CONSTRUCTING AND MAINTAINING A NEW SIGN AT
2441 JEAN ANN DRIVE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Maple United Methodist Church is the owner of certain
property in the City of Cape Girardeau, on which Maple United
Methodist Church desires to remove the existing old sign and
construct and maintain a new sign at Maple United Methodist Church
in the City and County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said sign is 2441 Jean Ann
Drive, Cape Girardeau, MO 63701, which property is presently zoned
R-1, Single Family Residential; 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 removing the
existing old sign and constructing and maintaining a new sign on
the following described property:
All of Lot Four (4) of an unrecorded Plat of Ellis Farm,
being a part of Outlot 75, in the City of Cape Girardeau,
Missouri, described as follows: Commence at the general
Southeast corner of the intersection of Jean Ann Drive
and Cape Rock Drive; thence South 670 East, 297 feet,
along the South line of Jean Ann Drive, for a point;
thence South 90 West, 395 feet, for a point; thence North
710 West, 293.5 feet, to a point on the East right-of-way
line of Cape Rock Drive; thence North 90 East, along the
East right-of-way line of Cape Rock Drive, 414 feet, to
the beginning.
is hereby granted to Maple 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 �L'C�n,��✓ 200
Jay B Knudtson, Mayor
ATTEST:
Gayle Lr Conrad
City Clerk
SPECIAL USE PERMIT Sol, r1,9_8-0 F'�c1487
Maple United Methodist Church is hereby granted a Special Use
Permit for purposes of removing the existing old sign and
constructing and maintaining a new sign at Maple United Methodist
Church located at 2441 Jean Ann Drive in the City and County of
Cape Girardeau, Missouri, on the following described property for
an indefinite period of time:
All of Lot Four (4) of an unrecorded Plat of Ellis Farm,
being a part of Outlot 75, in the City of Cape Girardeau,
Missouri, described as follows: Commence at the general
Southeast corner of the intersection of Jean Ann Drive
and Cape Rock Drive; thence South 670 East, 297 feet,
along the South line of Jean Ann Drive, for a point;
thence South 90 West, 395 feet, for a point; thence North
710 West, 293.5 feet, to a point on the East right-of-way
line of Cape Rock Drive; thence North 90 East, along the
East right-of-way line of Cape Rock Drive, 414 feet, to
the beginning.
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.
Gay1 EJ L . Conrad
City Clerk
City Manager of the City of Cape
mature this _7jkday of
Mt;nAe-r G . Miller
City Manager
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of �t /1
avL_ , 20 OZ_ before me
appeared Michael G. Miller, to me 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
LADONNA LAUB "
klntc:ry Public -Notary Seal
C; __.te of Missouri
C.,'; -,c Giralydeau County
Comm. Expires: 08/04/03
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 10-22-2002
filed by Maple United Methodist Church
for the property located at 2441 Jean Ann Drive, Cape Girardeau,
Missouri
for the purpose of removing the existing old sign and constructing and
maintaining a new sign located in the City and County of Cape Girardeau,
Missouri.
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 OF PE GI DEAD, �D(IISSOURI
(SEAL)
ATTEST: M or
City Clerk
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 OF PE GI DEAD, �D(IISSOURI
(SEAL)
ATTEST: M or
City Clerk
EXHIBIT B