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HomeMy WebLinkAboutCityMgrForm.598.08-18-1971CITY MANAGER FORM ORDINANCE Pd0 . _I� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BETHEL ASSEMBLY OF GOD, FOR PURPOSES OF A CHURCH BUILDING TO BE LOCATED ON A PART OF FRACTIONAL SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST , .AND PART OF FRACTIONAL SECTION 30, TOT%TNSHIP 31 NORTH, RANGE 14 EAST , IN THE CITY AND COUNTY OF CAPE GIRARDEAU , MISSOURI WHEREAS,' _the Bethel Assembly of God desires to construct a permanent church ' b ui lding for its congregation; and, WHEREAS , the proposed location of this church building is in the 1800 block 'of Perryville Road; and, WHEREAS., .the proposed building will be designed to blend with 'the 'surroundi.ng properties and will be a part of a master plan to be 'expended to serve the needs -of a growing congregation; and, WHEREAS, the Zoning Code 'of the City of Cape Girardeau, requires' that a Special Use Permit be 'granted for such church building; NOW, THEREFORE, BE- IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU , MISSOURI, AS FOLLOWS SECTION .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 'nei'ghborhood or the general welfare 'of the 'community nor will it overtax P ub li c utilities' or be In conflict with the 'comprehe'n'sive plan. SECTION 2.. A Special Use Permit -for the purpose of building, maintaining and operating a church building in Cape Girardeau, Missouri, on the following described property: Part of fractional Section 25, Township 31 North, Range 13 East, 'and part of fractional Section 30, Township 31 North, Range '14 East, City and County of Cape 'Girardeau, State of Missouri, des'crib ed as follows: 2 - Begin at the southeast- corner of Weis s-i.�nger' s . Subdivision, which point bears N. 42` 45' E. , along the south line of said subdivision, .25.0 feet -from the southeast corner of Lot -1, Block 5 of said subdivision; thence S. 42".. 45' w. ,- along the *south 'lin-e of. said sub- division, 528.6 feet, to a point which bears S, 420. 45' W . , along said south 'line, 83.'l feet from the southeast corner of Lot 6. Block 5, of said subdivision; thence S, 470 15' E. 100..0 feet;- th-en.ce 'N.. 740 56' Eel 538.8 feet to the center of Perryville Road; thence along the center of Perryville Road, N. 260 58' W 0 , 10 8. 2 feet . to the point of curve of a 11° 22 curve to the left; thence a long said curve , .15 7.3 ' f eet to the point of tangent of said curve;' thence N. 440 50'. We , 50. 0 f eet ; thence N. 45 ° 50 '. We , .82 ..0 .feet to the point of beginning and containing 3.'00.5 acres and subject to the right of way of Perryville Road. is hereby granted to Bethel Assembly of God , to be 'ef f ective ten days after the date 'of passage and approval of this Ordinance. The proposed special use must comply with. 'all regulations set forth in the Zoning Code 'f or the dis trict in which the use 'is located except those which have been specifically excepted under this permit,- ,ail 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, marked as "Exhibit A" and incorporated herein by reference.' The Mayor is hereby given' the power to execute the Special Use- Permit on behalf of the City of Cape Girardeau, Mis s-ouri SECTLON 3. This -Ordinance shall be 'in full force and effect ten days after its pass age and approval.. PASSED AND APPROVED THIS'' DAY OF -� � . . . . . . . . . . 1971* MAYOR. ATTEST:. ..CITY CLEAK SPECIAL USE PERMIT You are hereby granted a Special Use Permit for the purpose of building, maintaining and operating a church building in the City of Cape Girardeau, Missouri, on the following described property f or a period of indefinite years . Part of fractional Section 25, Township 31 North, Range 13 East, and part of fractional Section 30 Township 31 North,. Range 14 East, City and County of Cape Girardeau, State of Missouri, described as follows: Begin at the southeast corner of Weiss inger' s Subdivision, which point bears N. 420 45' E... .along the south line of said subdivision, 25.0 feet from the southeast corner of Lot 1, Block 5 of said subdivision; thence S 420 45' Wo , along the south line of said subdivision, 528.6. feet , toa point which bears S. 42° 4 5 ' W . , along said south line, 83.1 feet from the south-east corner of Lot 6, Block 5, of said subdivision; thence S. 47' 15' E . , 100.0 feet; thence N. 740 5 6 ' E. , 538.8 feet . to the center of Perryville Road ; .thence along the center of Perryville Road, N. 26' 58' W . , 108.2 feet to the point of curve of a 11° 22' curve to the left; thence along said curve, 157.3 feet to the point of tangent of said curve; thence N 4 4 ° 50' W . , 50.0 feet; thence N. 450 5 0 ' W . , 82.0 feet to the point of beginning and containing 3.005 acres and subject to the right of way of Perryville Road. This Special Use Permit granted upon the condition that the Applicant be bound by all City ordinances which pertain to said 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 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. CnVr+T"AT rnnr7nTMTnNTC . 1. Use restricted 'to church bui ldin'g and church related activities . 20 tt Special Use Permit -- Page Two - This Special Use Permit shall be binding upon the successors and assigns of the Bethel Assembly of God. IN WITNESS WHEREOF, the Mayor of the City of Cape Girardeau affixes his signature this day of 19710 MAYOR ATTEST CITY CLERK STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) V_ On this %A.I day of 1971, before me personally appeared HOWARD C. TOOKE , to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, 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. 4 Notary Public My- . _C_omrniss ion Expires: Ocfzgpe