HomeMy WebLinkAboutCityMgrForm.797.07-18-1973 � � , f r` . `
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CITY MANAGER FORM ORDINANCE NO. ��
AN ORDINANCE GR�NTING A SPECIAL U5E PERMIT TO KENNETH WOOD, GARY
WATSON AND C. R. CRITES, TRUSTEES FOR CA,PE MISSIONARY BAPTI5T
CHURCH, FOR PURPO5ES OF CONSTRUCTING, MAINTAINING AND OPERATING
A CHURCH BUILDING FACILITY, TO BE LOCATED ON PART OF LOTS 4 AND 5
OF EBERT' S SUBDZVI5ION, OF A PART OF LOT 3 OF RODNEY 400 ARPEN
TRACT AND PART OF OUTLOT 86, U.5 . PRIVATE 5URVEY 2199 , TOWNSHIP
30 NORTH, RANGE 13 �,EA5T, CITY AND COUNTY OF CAPE GIR.ARDEAU, MISSOURI
WHEREAS, Kenneth Wood, Gary Watson and C. R. Crites, Trustees
for Cape Missionary Baptist Church, are the owners of certain property
in the City of Cape Girardeau, Missouri, on which they desire to
construct, maintain and operate a church building facility and
related activities; and,
WHEREAS, the proposed location of the said church building
facility is 2912 Bloomfield Road, in the City of Cape Girardeau,
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 building
facility use in a R-1 District;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCSL OF THE CITY
OF CAPE GIRA.RDEAU, MISSOURI, AS FOLLOWS:
5ECTION 1. The City Council, having duly considered the
application finds that the granting of the 5pecial 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.
5EG"I'ION 2 . A Special Use Permit for the purpose of constructing,
maintaining and operating a church building facility and related
activities in Cape Girardeau, Missouri, on the following described
property:
A parcel of land containing 3.324 acres, being a
part of Lots 4 and 5 of Eberts Subdivision, of a part
of lot 3 of the Rodney 400 Arpen Tract and a part of
Out Lot 86, U.S.P. Survey 2199 , Township 30 North, Range
13 East, City of Cape Girardeau, Missouri , described as
follows:
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Beginning at the Southwest corner of Lot 4 of
the Ebert 's Subdivision in the North line of
Bloomfield Road; thence Northeasterly along the South
line of Lots 4 and 5 , 361. 2 feet for a corner 112 .2
feet east of the Southwest corner of Lot 5; therice
North 5° 30 ' West, 452. 2 feet for a corner; thence
5outh 78° 30 ' West 438. 7 feet for a corner in the West
line of Lot 4; thence South 3° 15 ' West, along said
West line, 438. 7 feet to the point of beginning,
except any part in roadways.
is hereby granted to Kenneth Wood, Gary Watson and C. R. Crites,
Trustees for Cape Missionary 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,
all other applicable ordinances of the City of Cape Girardeau and
any special conditions contained in the 5pecial 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 5pecial Use Permit for and on behalf of the City of Cape
Girardeau, Missouri .
5ECTION 3 . This ordinance shall be in full force and effect
ten days after its passage and approval.
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PA5SED AND APPROV�D THI5 /� DAY OF JULY, 1973 .
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MAYOR
ATTE5T:
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CITY CLERK
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SPECIAL USE PERMIT
Kenneth Laood, Gary d�latson and C. R. Crites , T�ustees for
Cape Missionary Baptist Church, are hereby granted a Special Use
Permit for the purposes of constructing, maintaining and operating
a church building facility and related activities in the City of
Cape Girardeau, .Missouri, on the followinq described property for
an indefinite period: �
A parcel of land containing 3. 324 acres, being a
part of Lots 4 and 5 of Eberts Subdivision, of a part
of lot 3 of the Rodney 400 Arpen Tract and a part of Out
Lot 86, U.S .P. Survey 2199 , Township 30 i�Torth, Range 13
East, City of Ca�e Girardeau, Missouri, described as
follows :
Beginning at the Southwest corner of Lot 4 of
the Ebert 's Subdivision in the North line of Bloomfield
Road; thence Northeasterly along the South line of
Lots 4 and 5, 361. 2 feet for a corner 112 .2 feet east
of the Southwest corner of Lot 5; thence North 5° 30 '
ti�est, 452 . 2 feet for a corner; tflence South 78° 30 '
West 438. 7 feet for a corner in the tiJest line of Lot 4;
thence South 3° 15 ' �^7est, along said t^7est line , 438. 7
feet to the point of_ beginning; except any part in
road�aays .
The 5pecial Use Permit is granted upon. the condition that
the Applicants be bound by all City Ordinances ��hiCh pertain to
the S�ecial i.3se 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:
l. Use is restricted to church building facility and
related activities. �
2. Special Use Permit not transferrable without consent
of the City Council.
3. Special Use shall meet all R-�l District Zoning
regulations .
4. Additions or modifications fror.� original building
perznit must be a�proved by the City Council.
EXi�f�iBIT •A�
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5. Special rJse Pennit is not effective until transfer
of �roperty to Trustees f_or the chizrch.
This Special. Us� Perr,lit sha11 be binc7inn upon the
administra�ors, hei�s; successors and assic�ns of Kenneth r^vood�, Gary
T✓�atson and C. R. Crites , Trustees for Ca�e Missianary �3�ptist
Chur_ch.
IN t�7ITP�TESS �-�7,i�it���, th� i�?4yor of tne City of Cape Girardeau
affixes his sianature this dav of_ ! , 1973 .
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ATTEST:
CIi'Y CL�RZ�
ST.ATE OF MISSOURI )
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C�OUNTY �JF CAPE GIRARD%?�U )
On this day of , 1.973 , be�ore me
persona7_ly appeared HOti�1ARD C. TOOTzE, to .rne i��rsonal.ly known, who,
being by me du1.y sworn, did say t�iat 'ne is the I�?as,Tor of the �'ity of
Cabe Girard�au, a r�unir.i�al cornor�tion o_f th� State of _'��(issouri ,
and that the seal arf_id e� �o the f_oregoing insf.rument is the seal
of the sa.ic� City �nc� tha'� t]ze said instrument ;�,�as signed and sealed
in behal� of saiu Cit�� '��,� �uthority o` its rit�� C�unCil and
acknowled�ed saict instrum�e��t to be the Lree �Ct and deec? of said City.
I��7 TPSTIMC;�T�� ;^.;��r1:rpr�o I have hereunto se� �y h;nd and
affixed rr:y O��1ClG�� seal� zt rny ofii�c. in �'ape ni_yardeau, Missouri ,
the day and year first abo�,�e wri-tt�no
Del ores G. Snl�e�, Notarv P�.zblic
I'�y Commisszon Expires :
October 8, 1976 .
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