HomeMy WebLinkAboutOrd.2116.01-21-1997BILL NO. 97-2
ORDINANCE NO. sj
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LUTHERAN HOME FOR THE AGED, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A HOME
HEALTH AGENCY OFFICE AT 2861 BLOOMFIELD ROAD,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, Lutheran Home for the Aged, a Not For Profit
Corporation is the owner of certain property in the City of Cape
Girardeau, on which it desires to construct, maintain and operate
a home health agency office; and
WHEREAS, the proposed location of said office is 2861
Bloomfield Road, which property is presently zoned R-1,
Single -Family Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-1 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 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. .
ARTICLE 2. A Special Use Permit for purposes of constructing,
maintaining and operating a home health agency office, on the
following described property:
A part of Lot Three (3) of Davis Subdivision of a part of
Out Lot 86 in Survey No. 2199 and a part of Survey No.
174, all in Township 30 North, Range 13 East, described
as follows:
Start at the Southwest corner of said Lot 3; thence North
40 45' East, along the West line of Lot 3, 638 feet for
the point of beginning; thence continue North 40 45' East
along said West line 252.0 feet for a corner in the South
line of Bloomfield Road; thence along said South line
North 810 431 56" East, 145.0 feet (deed -- North 810 30'
East, 146.0 feet), for a corner; thence South 4° 50' 19"
West, 292.50 feet, (deed -- South 40 451 West, 292.5
feet) , for a corner; thence North 820 10' 36" West, 142.0
feet, (deed -- North 82 0 0' West, 142. 0 feet) , to the
point of beginning, and containing 0.89 of an acre, more
or less.
is hereby granted to Lutheran Home for the Aged, a Not For Profit
Corporation, 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.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval. /
PASSED AND APPROVED THIS 1!f DAY OF ( .dju , 19 ,
i¢
A. Spradling, III, or
ATTEST:
Gayl L. Conrad
Deputy City Clerk
SPECIAL USE PERMIT
Lutheran Home for the Aged, a Not For Profit Corporation, 2825
Bloomfield Road, Cape Girardeau, Mo 63703, is hereby granted a
Special Use Permit for purposes of constructing, maintaining and
operating a Home Health Agency Office, on the following described
property for an indefinite period of time:
A part of Lot Three (3) of Davis Subdivision of a part of
Out Lot 86 in Survey No. 2199 and a part of Survey No.
174, all in Township 30 North, Range 13 East, described
as follows:
Start at the Southwest corner of said Lot 3; thence North
40 45' East, along the West line of Lot 3, 638 feet for
the point of beginning; thence continue North 40 45' East
along said West line 252.0 feet for a corner in the South
line of Bloomfield Road; thence along said South line
North 810 43' 56" East, 145.0 feet (deed -- North 810 30'
East, 146.0 feet), for a corner; thence South 40 50' 19"
West, 292.50 feet, (deed -- South 40 45' West, 292.5
feet) , for a corner; thence North 820 10' 36" West, 142.0
feet, (deed -- North 82° 0' West, 142.0 feet), to the
point of beginning, and containing 0.89 of an acre, 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 and the City of Cape Girardeau shall have
the right 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 applicable zoning regulations.
3. This Special Use Permit shall automatically terminate in
twelve (12 ) months upon the failure to develop the use of
the land for which the Special Use Permit has been
issued.
4. This Special Use Permit is not transferrable without
consent of the City Council.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
, 19
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
On this day of , 19 , before me
appeared Michael G. Miller, 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, 2000