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HomeMy WebLinkAboutCityMgrForm.740.01-07-1973 � . J � s + . „ . , , .:� CITY MANAGER FORM ORDINANCE N0. ' � p AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST CHURCH OF THE NAZARENE OF CAPE GIRARDEAU, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPER.ATING A CHURCH BUILDING, PARKING LOT, AND RELATED ACTIVITIES TO BE LOCATED ON PART OF OUT LOT5 82 AND 87, U.S .P. SURVEY N0. 2199 , TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MI550URI WHEREAS, First Church of the Nazarerie 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 a church building, parking lot and related activities; and WHEREA5, the proposed location of the said church building and parking lot is on Independence Street, across from the National Guard Armory Building, 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 Permit be granted for a church use in a resideritial zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MI5SOURI , 1�S 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 gerieral 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 a church building, parking lot, and related activities in Cape Girardeau, Missouri, on the following described prop�rty: A parcel of land containing 4 .07 acres, more or less, located in Out Lots 82 and 87, U.5 .P. Survey No. 2199 , Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri, described as follows: Start at the Southeast corner of Out Lot 82; thence � - r � _ "t w _ � . North 82° 30 ' West, along the line between Out Lots 82 and 87, 242. 4 feet for the point of beginning; thence South 7° 15 ' West, 165 .0 feet fox a corner; thence North 82° 30 ' West, 250.0 feet for a corner; . thence North 7° 15 ' East, 694. 8 feet for a corner in the South right of way line of Gordonville Road; thence Northeasterly along said 5outh line, 271.2 feet for a corner; thence South 7°15 ' West, 643.0 feet to the point of beginning. is hereby granted to First Church of the Nazarene 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 giveri 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. � PAS5ED AND APPROVED THIS /7 DAY OF ��-�-��-�" , 1973 . ✓� � �--t--� MAYOR ATTEST: � ,�_.., ..� ` , G ,�/l�e;.�, ���--�. CITY CLERK 2 . ' , ,�' ; , � . . SPECIAL USE PERMIT j First Church ot the Nazarene of Cape Girardeau, is hereby granted a Special Use Permit for the purpose of constructing, maintaining and operating a church building, parking lot and relate.d activities in the City of Cape Girardeau, n2issouri, on the following described pror�erty for an indefinite period: A parcel of land containing 4 .07 acres, more or less , located in Out Lots 82 and 87, U.S.P. Survey No. 2199 , Townshin 30 PJorth, Range 13 East, City and County of �ape Girardeau, T�issouri, described as follows : Start at the Southeast corner of Out Lot 82 ; thence North 82°30 ' t�]est, aionc�x the line between Out Lots 82 and 87, 242 . 4 feet for tne point of beainning; thence South 7°15 ' t�lestF 165 .0 feet for a cornere thence North 82° 30 ° ��est, 250 .0 feet for a r.orner; thence 1�orth 7°15 ' East, 694. 8 feet for a corner in the South right of way line of Gordonville Road; t��ence �7ortheasterly along said South line , 271 . 2 �eet �or a corner; the�.ce 5outh 7°15 ' �Vest, 643 .0 f�et to the point of beginni.ng. This Special Use Permit is granted u�on the condition that the �pplicant be ?�ound by all City Ord.inances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions u;hich are im?osed as a condition of issuance of this Specia� Use Permit. Upon the failure of the Applicant to comply with these special conditions, the S�ecial Use Permit will automatically terminate t��ith the ri:�ht of the City of Cape Girardeau to enter upon the land to abate suc;z special use. 5PECIAL C�JNDIT�ONS: l. Use is restrieted to a church building, �arking lot ana r_el.ated aCtivities , 2 . Special Use Permit not transferrable without consent of the City Council. 3 . Additions or modifications from original building permit must be approvecl b�� the Citv Council. EXHIBI�' °A�� � �y` ` . . w , ' . _.. � � � • 4 . This Special Use Permit shall ;�e �in�li ncr upon the successors and ass-ans of First Churc'7 oi: the ��1.�.zarAne of Cape Girardeau. IN ���ITNE5S r��rI�E.RI�,OF, the N!a��or c� th2 City of Ca�ae Girard�au af_�ixes ris s�crnaturA this c:a_� n� P 1973 . �� /, J��.,�ti-f �_-. � ��:-a--:---�� r��IA YOR ATTESTo CITY CLERe: � STATE OF MIS50UP.I ) 1 SS . COUNTY OF �'APE �IZ.ARD�AU j On this c�ay of � 1973 , befare me personally appeared FiO�rJARD C. TOOKE, to m� nersonall_y known, who, being by me duly sworn, did say that he is the Malor of the City of Ca�e :�irardeau, a municipal corporation of the 5tate of P�issouri, and that tne seal afiixed to the foregoinc; inst.rument is the seal of the said City anu that th� said instrument �,aas signed and sealed in behalf of said City by authority af its City Council and ackno��ledged said �_nstrument to be the �ree act and deed of said City. IN TESTII�IONY WHEREOF, I have h2reunto set my� hand and affixed my official s�a1, at my office in Ca;�e �irardeau, Missouri, the day and year first above ��rritten. Delores G . 5nider, Notary Public My Commission Expires : October 8, 19 76 2 .