HomeMy WebLinkAboutCityMgrForm.739.01-17-1973 ♦ .. � , , . + S• . .
CITY MANAGER FORM ORDINANCE N0. 7�
AN ORDINZ�NCE GRA.NTING A SPECIAL U5E PERMIT TO FIRST GENERAL
BAPTIST CHURCH OF CAPE GIRA,RDEAU, FOR THE PURPO5E5 OF CON-
STRUCTING, MAINTAINING AND OPERATING CHURCH BUILDINGS, PARKING
LOT, AND RELA.TED ACTIVITIES, TO BE LOCATED ON PART OF FRACTIONAL
SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the First General Baptist Church of Cape
Girardeau, is the owner of certain property in the City of Cape
Girardeau, Missouri, on which it desires to construct, maintain
and operate church buildings, parking lot and related activities;
and
WHEREA5, the proposed location of the said church buildings
and parking lot is on Cape LaCroix Road approximately one-fourth
mile from the intersection of Cape LaCroix Road and Highway 61
North, Cape Girardeau, Missouri, which said property is presently
zoned R-1; and
WHEREA5, the Zoning Code of the City of Cape Girardeau
requires a Special Use Permi.t be granted for a church use in
a residential zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
5ECTION 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.
SECTION 2. A 5pecial Use Permit for the purpose of
constructing, maintaining and operating church buildings, parking
lot and related activities in Cape Girardeau, Missouri, on the
following described property:
A parcel of land containing Five (5.0) acres,
more or 1ess , located in the West Half of the Nartheast
Quarter of Fractional 5ection Twenty-six (26) , Township
� . • . . `
Thirty-one (3T) North, Range Thixteen (13) East,
in the City and County of Cape Girardeau, Missouri,
described as follows:
Start at the northeast corner of the West Half
of the Northeast Quarter of said Fractional
5ection 26; thence South, along the east line of the
said west half, 747. 6 feet for the beginning corner;
thence continue South, 318. 4 feet for a corner; thence
5outh 69° 30 ' West, 473 . 5 feet to the northeast corner
of the Dave Hale 1.0 acre parcel; thence South 56°
25' West, along the north side of the said 1.0 acre
parcel, 150 . 0 feet for a corner in the east line of
Highway Route "W" ; thence Northwesterly along said
east line of Route "�n7" on a curve to the right,
341. 4 feet for a corner; thence North 69° 30 ' East,
760 .4 feet to the point of beginning.
is hereby granted to First General Baptist Church of Cape Girardeau,
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, 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, marked
"Exhibit A" and incorporated herein by reference. The Mayor 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.
�
PA55ED AND APPROVED THIS /7 DAY OF �'t--<-�-�--�--� , 1973 .
���w� � �
MAYOR
ATTEST:
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CITY CLE K
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SPECIAL USE PE�MIT
First General Baptist Church of �ape Girardeau, is
hereby granted a SpeCial Use Permit for the purpose of
constructing, maintaining and operating church buildings , parking
lot, and related a�tivities in �he City of Cabe Girardeau, T�Zissouri ,
on the following described property for an indeFinite period:
A parcel of land containing Five (5 .0) acres ,
inore ar less, located in the Vdest Half of the Northeast
�uarter of Fractional Section `"s'went��-six (2G) , Township
Thirty-one (31) North, Range Thirte�n (13) iast, in
the City and County of Cape Girardeau, I�iissouri, described
as follows:
5tart at the northeast corner of the West Half
of the I�dortheast Quarter of said Fractional Section 26 ;
thence South, along the east line of the said west
half, 747 .G feet for the beginning corner; thence
continue South, 318 . 4 feet for a corner; thence
South 69° 30 ' 64est, 473 . 5 feet to the northeast corner
of the Dave Hale 1 .0 acre parcel; tlzence South 56°
25 ' West, along the north side of the said 1. 0 acre
parcel,, 150 . 0 feet for a corner in the east line of_
Highway Route °��" „ thence Northwesterl_y along said east
line of Route ""T�°' on a curve to the right, 341. 4 feet
for a corner; thence �lorth 69° 30 ' East, 760 . 4 feet
to the point of beginning
The Snecial Use Permit is granted upon the condition
that �he Applicant �e �ound by all City Ordinances which pertain
to the Special Use Perrnit and that the Applicant be bound by the
follo��ing conditions which are imposed as a condition of issuance
of this Special Use Permit. Upon the failure of the Applicant
to comply with these s»ecial conditions , the Sp�cial Use Permit
will automatically terminate with t.he right of the City of Cape
Girardeau to enter upon t11e land to abate such special use.
5PECIAL Cfli1DITIONS:
l. Use is restricted to church buildinas , parking lot,
and related activities .
2 . Special Use Permit not transferrable without consent
of the City Council .
3. Additions or modifications from oriqinal buildina
permit must be approved by tlie City Council .
�HIBIT "A�
. - ' ' '
��,
, 4.
This Special Use ]Permit shall be binding upon the
successors and assigns of First General Baptist Church of Cape
Girardeau.
IN WITNESS ��VHEREOF, the Mayor of the City of Cape Girardeau,
affixes his signature this day of , 1973 .
?�--z�;��va( � .
MA`_�OR
ATTEST:
CITY CLER�:
STATE OF MI$SOURI )
) ss .
COUNTY OF CAPE GIRARD�AU )
On this day of , 1973, before me
personally appeared HOWARD C. TOOKE, to me personally known, who,
being by me duly sworn, did say that he is the r�Za��or of the City
of Cape Girardeau, a municipal corporation of the State of Missouri,
and that the seal affi�ed to the foregoina instrument is the seal
of the said City and that the said instrument was signed and sealed
in behalf of said City l�y authority of its City Council and
acknowledged said instrument to be the tree act and deed of said
City.
IN TESTIMO�dY b�IHFREOF, I have hereunto :�et my hand and
af`fixed my official sea1, at my office in Cape Girardeau,
��Iissouri , tne da�a and ��ear first above c-�r_itte:n.
Delores G . Snid�r, Notary �ublic
I�y Commission Expi_res:
October 8, 1976.
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