HomeMy WebLinkAboutOrd.928.10-08-1990 � �
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BILL N0. 90- 175 ORDINANCE N0. 9'2�
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO P.
DAVID AND JERRIE L. GERLACH, RANDOL FARMS
DEVELOPMENT, INC. AND CHRIST PRESBYTERIAN CHURCH,
FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A CHURCH ON A TRACT BOUNDED BY
LEXINGTON AVENUE, WOODLAND PLACE N0. 2, WOODLAND
HILLS ESTATES THIRD, RANDOL FARMS N0. 1 , AND A
RETENTION BASIN, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS , P. David an d Jerrie L. Gerlach and Randol Farms
Development , Inc . are the owners of certain property in the City
of Cape Girardeau , on which Christ Presbyterian Church desires to
construct , maintain and operate a church ; and
WHEREAS , the proposed location of said church is on a tract
bounded by Lexington Avenue , Woodland Place No . 2� Woodland Hills
Estates Third, Randol Farms no , l , and a retention basin , which
property is presently zonEd R-1 � Single-Family Dwelling District ;
and
WHEREAS , a Special Use Permit is required for said church 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 havinq duly considered the
application finds that the qrantinq of the Special UsE Permit will
not substantially increase traffic hazards , conqestion , fire
hazards or adversely affect the qeneral 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
pr oper ty:
That part of the Southeast Quarter of Section 23 , and that
part of the Scuthwest Quarter of Section 24 , all in
Township 31 North , Ranqe 13 east , City and County of Cape
Girardeau , State of Missouri , described as follows:
Commence at a stone on the Southeast corner of said Section
23 ; thence North 0° 53 ' 00" East , 80 . 00 feet , to a point on
the North line of Lexington Street for a point of
beginning ; thence with said North line of Lexinqton Street ,
North 89° 30 ' 08" West , 285 . 24 feet ; thence leaving the
North line of Lexington Street , North 0° 29 ' 52" East ,
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25 .00 feet ; thence Narth 29° 04 ' 21 " East , 111 .14 feet ;
thence North 0 ° 53' 00" East , 175 .00 feet ; thence South 88°
43 ' 10" East , 232 , 90 feet ; thence North 0° 53 ' 00 ' East ,
99 . 70 feet ; thence South 88° 27 ' S4 ' East , 269 . 47 feet ;
thence South 89° 06 ' 33' East , 95 . 00 feet ; thence South 88 °
28 ' 13" East , 37 . 54 feet ; thence South 0° 40 ' 53" West ,
389 . 20 feet , to a point on the North line of Lexington
Street ; thence with said North line , North 89° 19 ' 07"
West , 403. 36 feet , to the point of beginning and containing
5 . 2893 acres , more or less .
is hereby granted to P . David and Jerrie L. Gerlach and Randol
Farms Development , Inc , and Christ Presbyterian Church , 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 Zoninq 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 Manaqer is hereby givEn the power
to execute the Special Use Permit for and on behalf of the City of
Cape �irardeau , Missouri .
ARTICLE 3 . This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS �,� DAY OF (Q ,(��t , 19_�.
Francis E, odes , Mayor
ATTEST:
Ju ie . Da e
De City Clerk
�
SPECIAL USE PERMIT
P. David and Jerrie L. Gerlach, 2147 Belleridge Pike, Cape
Girardeau, MO 63701 , and Randol Farms Development , Inc. , 113 South
Broadview, Cape Girardeau , MO 63701 , and Christ Presbyterian
Church, 1037 Caufield Drive, 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:
That part of the Southeast Quarter of Section 23, and that
part of the Southwest Quarter of Section 24 , all in
Township 31 North, Range 13 east , City and County of Cape
Girardeau, State of Missouri , described as follows :
Commence at a stone on the Southeast corner of said Section
23 ; thence North 0° 53 ' 00" East , 80 . 00 feet , to a point on
the North line of Lexington Street for a point of
beginning ; thence with said North line of Lexington Street ,
North 89° 30 ' 08" West , 285 . 24 feet ; thence leaving the
North line of Lexington Street , North 0 ° 29 ' 52" East ,
25 . 00 feet ; thence North 29° 04 ' 21" East , 111 . 14 feet ;
thence North 0 ° 53 ' 00" East , 175 . 00 feet ; thence South 88°
43 ' 10" East , 232 . 90 feet ; thence North 0° 53 ' 00 ' East ,
99 . 70 feet ; thence South 88° 27 ' 54 ' East , 269 . 47 feet ;
thence South 89° 06 ' 33 ' East , 95 . 00 feet ; thence South 88 °
28 ' 13" East , 37 . 54 feet ; thence South 0° 40 ' 53" West ,
389 . 20 feet , to a point on the North line of Lexington
Street ; thence with said North line , North 89° 19 ' 07 "
West , 403 . 36 feet , to the point of beginning and containing
5 . 2893 acres, more or less .
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 zoning regulations.
3 . There shall be one ( 1 ) access to Kent Drive .
4 . There shall be one (1 ) access to Lexington Avenue .
5 . Kent Drive shall be connected with Lexington Avenue, as
originally platted and constructed to City standards and
dedicated to the public use .
6 . Construction to be started no later than December 1, 1991 .
IN WITNESS 47HEREOF, 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. 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 , 1992