HomeMy WebLinkAboutOrd.1663.01-03-1995 BILL NO. 95-2 ORDINANCE NO. �'t`�,C�t���
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
FIRST CHRISTIAN CHURCH (DISCIPLES OF CHRIST) ,
FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A CHURCH AT THE SOUTHWEST CORNER OF
KENNETH STREET AND ABBEY ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, First Christian Church (Disciples of Christ) is the
owner of certain property in the City of Cape Girardeau, on which
it desires to construct, maintain and operate a church; and
WHEREAS, the proposed location of said church is the Southwest
corner of Kenneth Street and 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 l. 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:
Al1 of that part of the Southeast Quarter of Section 23 ,
Township 31 North, Range 13 East, City and County of Cape
Girardeau, State of Missouri, described as follows:
Commence at the Southeast corner of said Section 23 ;
thence North 0° 53' 00" East, with the East line of said
Section 23 , a distance of 1972 . 39 feet; thence North 89°
07' 00" West, 690. 00 feet, to the place of beginning;
thence continue North 89° 07' 00" West, 700. 00 feet;
thence South 0° 53' 00" West, 429. 03 feet; thence South
89° 07� 00" East� 280. 00 feet; thence South 65° 00� 00"
East, 427 . 30 feet; thence South 89° 07' 00" East, 50. 00
feet; thence North 0° 53' 00" East, 583 . 62 feet to the
beginning of a curve to the left, having a radius of 20
feet and an included angle of 90 degrees; thence along
the arc of said curve a distance of 31.42 feet to the
place of beginning and containing 8 . 071 acres, more or
less, as shown on the accompanying plat.
is hereby granted to First Christian Church (Disciples of Christ) ,
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 J�'� DAY OF , 19�.
,
A. . Spradling, III, ayor
ATTEST:
�,���I�G'�J5 �L x 1�rG(
Gayl�=' L. Conrad
Deputy City Clerk
SPECIAL USE PERMI'r
First Christian Church (Disciples of Christ) , 829 North West
End Boulevard, Cape Girardeau, MO 63701, is 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:
All of that part of the Southeast Quarter of Section 23,
Township 31 North, Range 13 East, City and County of Cape
Girardeau, State of Missouri, described as follows:
Commence at the Southeast corner of said Section 23 ;
thence North 0° 53' 00" East, with the East line of said
Section 23 , a distance of 1972 . 39 feet; thence North 89°
07' 00" West, 690. 00 feet, to the place of beginning;
thence continue North 89° 07' 00" West, 700. 00 feet;
thence South 0° 53' 00" West, 429. 03 feet; thence South
89° 07' 00" East, 280.00 feet; thence South 65° 00' 00"
East, 427. 30 feet; thence South 89° 07' 00" East, 50. 00
feet; thence North 0° 53 ' 00" East, 583 . 62 feet to the
beginning of a curve to the left, having a radius of 20
feet and an included angle of 90 degrees; thence along
the arc of said curve a distance of 31.42 feet to the
place of beginning and containing 8. 071 acres, more or
less, as shown on the accompanying plat.
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
one (1) year 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
J. Ronald Fischer, 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 J. Ronald Fischer, 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1996