HomeMy WebLinkAboutOrd.2224.08-18-1997BILL NO. 97-208 ORDINANCE NO. 6,2 <
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
NORTHSIDE GOSPEL ASSEMBLY AND HEARTLAND CARE
CENTER, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING A CHURCH SIGN AT
2403 BOUTIN DRIVE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Heartland Care Center is the owner of certain
property in the City of Cape Girardeau, on which Northside Gospel
Assembly and Heartland Care Center desires to construct, maintain
and operate a church sign; and
WHEREAS, the proposed location of said church sign is 2403
Boutin 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'titilities or be in conflict with the comprehensive
plan.
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ARTICLE 2. A Special Use Permit for purposes of constructing,
maintaining and operating a church sign, on the following described
property:
That part of the North Half of Section 23, Township 31
North, Range 13 East, of the Fifth Principal Meridian
described as follows: Commence at the Northeast Corner
of the Southeast Quarter of said Section 23; thence N.
010 26' 5311 W. along the Section Line, 1021.54 feet;
thence S. 880 17' 4911 W., 1528.52 feet; thence N. 260 28'
1711 W., 713.75 feet to the South Right -of -Way Line of
Boutin Drive (State Route "W"); thence along said right-
of-way, N. 880 29' 4311 W., 305.50 feet to a 1/211 Iron Rod
and the Place of Beginning; thence continue along said
line, N. 880 29' 4311 W., 10.09 feet to a. curve to the
left having a radius of 784.02 feet; thence along said
curve a length of 145.39 feet (Chord bears S. 860 11' 3211
W., a distance of 145.18 feet); thence departing from
said right-of-way, S. 010 06' 3311 W., 436.45 feet to a
1/211 iron rod; thence N. 200 07' 5011 E., 474.75 feet to
the place of beginning containing 0.784 acres in the City
and County of Cape Girardeau, Missouri. Subject to
existing easements if any.
is hereby granted to Northside Gospel Assembly and Heartland Care
Center, 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 and any special conditions contained in
the Special Use Permit, a copy of which is attached hereto 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. Pursuant to Section 3.15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS DAY DAY OF
A. k. Spradling, III, yor
ATTEST:
J �
GayleOL. Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Northside Gospel Assembly, 2403 Boutin Drive, Cape Girardeau,
MO 63701 and Heartland Care Center, 2525 Boutin Drive, Cape
Girardeau, MO 63701, are hereby granted a Special Use Permit for
purposes of constructing, maintaining and operating a church sign,
on the following described property for an indefinite period of
time:
That part of the North Half of Section 23, Township 31
North, Range 13 East, of the Fifth Principal Meridian
described as follows: Commence at the Northeast Corner
of the Southeast Quarter of said Section 23; thence N.
O10 26' 53" W. along the Section Line, 1021.54 feet;
thence S. 880 17' 49" W., 1528.52 feet; thence N. 260 28'
17" W., 713.75 feet to the South Right -of -Way Line of
Boutin Drive (State Route "W"); thence along said right-
of-way, N. 880 29' 43" W., 305.50 feet to a 1/2" Iron Rod
and the Place of Beginning; thence continue along said
line, N. 880 29' 43" W., 10.09 feet to a curve to the
left having a radius of 784.02 feet; thence along said
curve a length of 145.39 feet (Chord bears S. 860 11' 32"
W., a distance of 145.18 feet); thence departing from
said right-of-way, S. 010 06' 33" W., 436.45 feet to a
1/2" iron rod; thence N. 200 07' 50" E., 474.75 feet to
the place of beginning containing 0.784 acres in the City
and County of Cape Girardeau, Missouri. Subject to
existing easements if any.
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 City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
. 19
Michael G. M
City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , 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
6cknowledged 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000