HomeMy WebLinkAboutOrd.1047.08-05-1991BILL NO. 91-129
ORDINANCE NO. 10
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE
ESTATE OF AUGUST C.• HEISLER AND CHRIST
PRESBYTERIAN CHURCH OF CAPE GIRARDEAU, MISSOURI,
FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A CHURCH, ON THE SOUTH SIDE OF
LEXINGTON AVENUE, EAST OF ABBEY ROAD, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, The Estate of August C. Heisler is the owner of
certain property in the City of Cape Girardeau, on which Christ
Presbyterian Church 'of Cape Girardeau, Missouri, desires to
construct, maintain and operate a church; and
WHEREAS, the proposed location of said church is on a tract of
land on the South side of Lexington Avenue, East of Abbey Road,
which property is presently zoned R-1, Single -Family Dwelling
District; and
WHEREAS, a Special Use Permit is required for said use in a
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 a church, 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 of Section 26,
from which point the Northeast corner of Section 26 bears
North 000 56' 02" West, 30.00 feet; thence South 000 56'
02" East, 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 South 881
59' 48." West, 757.12 feet along the said prolongation to
the centerline of a creek branch; thence along said
centerline the following courses and distances: North 350
47' 25" East, 60.70 feet; thence North 480 55' 14" East,
99.09 feet; thence North 250 11' 49" East, 81.00 feet;
thence North 161 02' 32" East, 229.78 feet; thence North
050 05' 52" East, 62.29 feet; thence North 290 39' 41'
East, 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° 03' 49", from
which point the chord bears North 861 33' 58" East, thence
in a Northeasterly direction along said curve and
'right-of-way line 36.30 feet; thence North 89° 05 52"
East, 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 the Estate of August C. Heisler and Christ
Presbyterian Church of Cape Girardeau, Missouri, 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. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THISU DAY OF _,/2G r 19 qI
P
Francis E. R odes, Mayor
ATTEST:
JulieJPJ. Dale
Deput City Clerk
SPECIAL USE PERMIT
The Estate of August C. Heisler, Catheline Heisler, Personal
Representative, 1641 Kingsway Drive, Cape Girardeau, MO 63701, and
Christ Presbyterian Church of Cape Girardeau, Missouri, 400 South
Kingshighway, Cape Girardeau, MO 63701, are hereby granted a
Special Use Permit for purposes of constructing, maintaining and
operating a church, 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 of Section 26,
from which point the Northeast corner of Section 26 bears
North 000 56' 02" West, 30.00 feet; thence South 000 56'
02" East, 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 South 881
59' 48" West, 757.12 feet along the said prolongation to
the centerline of a creek branch; thence along said
centerline the following courses and distances: North 35
47' 25" East, 60.70 feet; thence North 48° 55' 14" East,
99.09 feet; thence North 250 11' 49" East, 81.00 feet;
thence North 160 02' 32" East, 229.78 feet; thence North
050 05' 52" East, 62.29 feet; thence North 290 39' 41'
East, 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 051 03' 49", from
which point the chord bears North 860 33' 58" East, thence
in a Northeasterly direction along said curve and
right-of-way line 36.30 feet;. thence North 89° 05' 5211
East, 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 with the right of the City of Cape
Girardeau 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
eighteen (18) months upon the failure to develop the use
of the land for which the Special Use Permit has been
issued.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day
of , 19
J. Ronald Fischer, City Manager
ATTEST:
Julie A. Dale
Deputy City Clerk
STATE OF MISSOURI )
ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , before me
appeared J. Rona Fischer, to me persona ly 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
my official seal, at my office
day and year first above written.
My Commission Expires:
October 8, 1992
hereunto set my hand and affixed
in Cape Girardeau, Missouri, the
Delores G. Needham, Notary Public