Loading...
HomeMy WebLinkAboutOrd.197.11-21-1984 , , , . , � . j BILL N0. 84-113 ORDINANCE N0. / AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST FREE WILL BAPTTST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH ON PROPERTY ON KAGE ROAD, OFF MT. AUBURN ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, First Free Will Baptist Church 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 on Kage Road Road, off Mt . Auburn Road, West of Cape Bible Chapel, 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: 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 neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. SECTION 2. A Special Use Permit for purposes of constructing, maintaining and operating a church, on the following described property: 6. 37 acres, that part of the Northeast Quarter of the Southwest Quarter of Section 26, Township 31 North, Range 13 East, County of Cape Girardeau, State of Missouri, described as follows : Start at the Southeast corner of the Southwest Quarter of said Section 26 ; thence North 0° 02' East, along the Quarter Section line 1091 . 8 feet , to a stone ; thence North 88° 50 ' East , 488. 4 feet to the West right of way line of Mount Auburn Road ; thence North 7° 00 ' East along said right of way 269 . 2 feet ; thence ,, �..... `.,.k ��1 �` ��x,� ` 1 � i Northerly along said right of way with the arc of a 5° 09 . 45 ' curve to the left, a distance of 296 . 19 feet ; thence North 8° 36 ' West, 96 . 13 feet ; thence departing said road, North 88° 36 ' West, 783 . 74 feet, to the place of beginning ; thence continue North 88° 36' West, 385. 0 feet ; thence North 0° 30 ' East, 721 . 5 feet, to a point in the south line of Kage Road ; thence with said south line, South 88° 24 ' East, 385 . 0 feet ; thence South 0° 30 ' West, 720 . 16 feet , to the place of beginning. is hereby granted to First Free Will Baptist 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 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 . SECTION 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS � � DAY OF r��;�����-G'�,�� , 1984. �'�, �G-i�� Howard C. Tooke, Mayor ATTEST: � � / � � v � .� ��, City lerk ,- � SPECIAL USE PERMIT First Free Will Baptist Church 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 : 6. 37 acres , that part of the Northeast Quarter of the Southwest Quarter of Section 26, Township 31 North, Range 13 East, County of Cape Girardeau, State of Missouri , described as follows : Start at the Southeast corner of the Southwest Quarter of said Section 26 ; thence North 0° 02' East, along the Quarter Section line 1091 . 8 feet , to a stone ; thence North 88° 50 ' East , 488 . 4 feet to the West right of way line of Mount Auburn Road ; thence North 7° 00 ' East along said right of way 269 . 2 feet ; thence Northerly along said right of way with the arc of a 5° 09. 45' curve to the left, a distance of 296. 19 feet; thence North 8° 36 ' West, 96 . 13 feet ; thence departing said road, North 88° 36' West, 783. 74 feet, to the place of beginning ; thence continue North 88° 36 ' West , 385. 0 feet ; thence North 0° 30 ' East, 721 . 5 feet, to a point in the south line of Kage Road ; thence with said south line, South 88° 24 ' East , 385. 0 feet ; thence South 0° 30 ' West, 720 . 16 feet , to the place of beginning. This Special Use Permit is granted upon the condition that the Applicants be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicants be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit . Upon the failure of the Applicants 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 . This Special Use Permit shall be binding upon the successors and assigns of First Free Will Baptist Church . S , � IN WITNESS WHEREOF, the City manager of the City of Cape Girardeau, Missouri , affixes his signature this day of , 1984. Gary A. Eide, City Manager ATTEST: Evelyn G. LeGrand Deputy City Clerk STATE OF MISSOURI ) ) ss COUNTY OF CAPE GIRARDEAU ) On this day of , 198 , before me appeared Gary A. Eide, 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 instrurnent 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, 1988