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HomeMy WebLinkAboutOrd.1702.04-17-1995 �� . BILL NO. 95-71 ORDINANCE NO. ) 1�%"-'� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WEST SIDE CHURCH OF GOD, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH SIGN AT 2222 BLOOMFIELD ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, West Side Church of God is the owner of certain property in the City of Cape Girardeau, on which it desires to construct, maintain and operate a church sign; and WHEREAS, the proposed location of said church sign is 2222 Bloomfield Road, which property is presently zoned R-2 , Single-Family Dwelling District; and WHEREAS, a Special Use Permit is required for said use in a R-2 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 sign, on the following described property: Part of outlots 56 and 57 in Survey 2199, Township 30 North, Range 13 East, described as follows: Begin at the intersection of the North line of Bloomfield Street and the West line of Out Lot 56; thence in a Northeasterly direction along the North line of Bloomfield Street, 563 feet to the Southwest corner of Lot 11, Block 1, Schneider's Subdivision; thence in a Northeasterly direction along the West line of said Schneider's Subdivision to the Northwest corner of Lot 1, Block 1 of said Subdivision; thence in a Westerly direction along the North line of said Lot 1, Block 1, extended, 16 feet to a corner on the South line of Good Hope Street; thence in a Northeasterly direction 56 feet to the North line of Good Hope Street; thence East along the North line of Good Hope Street, 740 feet to the West line of Vogelsang's Second Subdivision; thence North along the West line of Vogelsang's Second Subdivision 265.4 feet to the Northwest corner of said Subdivision; thence West parallel to the North line of outlot 57, 527.5 feet to the East line of Spring Avenue, extended; thence North along the East line of Spring Avenue, extended, 708.2 feet to the North line of Outlot 57; thence West along the North line of outlot 57, 501.2 feet to the Northwest corner of said Outlot; thence South on the West line of Outlots 57 and 56, 1923.6 feet to the point of beginning, excepting that part of Sheridan Drive which falls within the above described tract; also excepting therefrom that part of the former 16 foot alley between the North line of Bloomfield Street and the North line of Lot 10, Block 1, extended, of said Schneider's Subdivision together with a strip of land 12 feet wide adjacent and parallel to . ,' the West line of that portion of said alley referred to above, heretofore conveyed by E. L. Markham and wife to John Atkinson by deed recorded in Book 136, at Page 54. ALSO: All that part of Out Lots Fifty-six (56) and Fifty-seven (57) , U.S.P. Survey Twenty-one hundred ninety-nine (2199) , in the City of Cape Girardeau, Missouri, described as follows, to-wit: Begin at the Northwest corner of Lot One (1) , Block One (1) , of Schneider's Subdivision; thence South with the West line of Lots 1 to 9 inclusive, Block 1, Schneider's Subdivision, 450.0 feet to the Southwest corner of Lot 9, Block 1, of said Schneider's Subdivision; thence Westwardly along the South line of said Lot 9, Block 1, extended, 28.0 feet; thence South parallel to the West line of Schneider's Subdivision, 131.2 feet to the North line of Bloomfield Street; thence Westwardly with said North line of Bloomfield Street, 140 feet; thence North, parallel to the West line of said Schneider's Subdivision, 632.0 feet to the South line of Good Hope Street extended Westwardly from said Schneider's Subdivision; thence Eastwardly, with said South line of Good Hope Street, extended, 158.2 feet to the beginning corner, containing 2.10 acres. is hereby granted to West Side Church of God, 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 THIS /�J��c. DAY OF �r,t`.���r�{' , 19 7�,''�� . A. . Spradling, III, Mayor ATTEST: � � Gayle L. Conrad Deputy City Clerk ei �� SPECIAL USE PERMI'r West Side Church of God, 2222 Bloomfield, Cape Girardeau, Missouri 63701, is 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: Part of outlots 56 and 57 in Survey 2199, Township 30 North, Range 13 East, described as follows: Begin at the intersection of the North line of Bloomfield Street and the West line of Out Lot 56; thence in a Northeasterly direction along the North line of Bloomfield Street, 563 feet to the Southwest corner of Lot 11, Block 1, Schneider's Subdivision; thence in a Northeasterly direction along the West line of said Schneider's Subdivision to the Northwest corner of Lot 1, Block 1 of said Subdivision; thence in a Westerly direction along the North line of said Lot 1, Block 1, extended, 16 feet to a corner on the South line of Good Hope Street; thence in a Northeasterly direction 56 feet to the North line of Good Hope Street; thence East along the North line of Good Hope Street, 740 feet to the West line of Vogelsang's Second Subdivision; thence North along the West line of Vogelsang's Second Subdivision 265.4 feet to the Northwest corner of said Subdivision; thence West parallel to the North line of Outlot 57, 527.5 feet to the East line of Spring Avenue, extended; thence North along the East line of Spring Avenue, extended, 708.2 feet to the North line of Outlot 57; thence West along the North line of Outlot 57, 501.2 feet to the Northwest corner of said Outlot; thence South on the West line of Outlots 57 and 56, 1923.6 feet to the point of beginning, excepting that part of Sheridan Drive which falls within the above described tract; also excepting therefrom that part of the former 16 foot alley between the North line of Bloomfield Street and the North line of Lot 10, Block 1, extended, of said Schneider's Subdivision together with a strip of land 12 feet wide adjacent and parallel to the West line of that portion of said alley referred to above, heretofore conveyed by E. L. Markham and wife to John Atkinson by deed recorded in Book 136, at Page 54. ALSO: All that part of Out Lots Fifty-six (56) and Fifty-seven (57) , U.S.P. Survey Twenty-one hundred ninety-nine (2199) , in the City of Cape Girardeau, Missouri, described as follows, to-wit: Begin at the Northwest corner of Lot One (1) , Block One (1) , of Schneider's Subdivision; thence South with the West line of Lots 1 to 9 inclusive, Block 1, Schneider's Subdivision, 450.0 feet to the Southwest corner of Lot 9, Block 1, of said Schneider's Subdivision; thence Westwardly along the South line of said Lot 9, Block 1, extended, 28.0 feet; thence South parallel to the West line of Schneider's Subdivision, 131.2 feet to the North line of Bloomfield Street; thence Westwardly with said North line of Bloomfield Street, 140 feet; thence North, parallel to the West line of said Schneider's Subdivision, 632.0 feet to the South line of Good Hope Street extended Westwardly from said Schneider's Subdivision; thence Eastwardly, with said South line of Good Hope Street, extended, 158.2 feet to the beginning corner, containing 2.10 acres. 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 six (6) 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 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