HomeMy WebLinkAboutOrd.755.09-18-1989BILL NO. 89-168
ORDINANCE NO. (7"57
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
JOAN E. WHITESIDE AND COMMUNITY COUNSELING
CENTER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING
AND OPERATING A MEDICAL CLINIC/PROFESSIONAL
OFFICE FACILITY, AT 2953 BLOOMFIELD ROAD, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Joan E. Whiteside is the owner of certain property in
the City of Cape Girardeau, on which the Community Counseling
Center desires to construct, maintain and operate a medical
clinic/professional office facility; and
WHEREAS, the proposed location of said office facility is 2953
Bloomfield Road (Southeast corner of Bloomfield Road and Silver
Springs Road), which property is presently zoned R-1,
- -Single-Family Dwelling District; and -
WHEREAS, a Special Use Permit is required for said 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 medical clinic/professional office
facility, on the following described property:
All of 4.13 acres, part of Out Lot No. 86 in Survey No.
2199, Township 30 North, Range 13 East, described by
metes and bounds as follows: Beginning at a corner on
the South side of the Cape Girardeau and Bloomfield
Gravel Road, from which a Locust tree 24 inches in
diameter bears North 53° East 49 links, (the same being
the Northwest corner of a certain 10.90 acres tract in
said Out Lot No. 86 as shown on plat made by L. M. Bean,
County Surveyor of record in the Recorder's Office at
Jackson, Mo., in Surveyor's Record No. 8 at Page 7.) and
run South 6 3/40 East with the East line of County Road
7.75 chains to the Northwest corner of Otto F. Willa
tract in said Out Lot No. 86; thence Eastwardly 4.36
chains to the Northeast corner of Otto F. Willa tract on
the West line of the Ivan M. Kraemer tract; thence North
4 3/41 East 9.62 chains to a corner on the south line of
the Cape Girardeau and Bloomfield Gravel Road and at the
Northwest corner of the Ivan M. Kraemer tract; thence
with said road South 81 1/20 West 3.43 chains to a
corner, and thence South 671 West 2.78 chains to the
place of beginning.
EXCEPT that part conveyed to Claude Gleason and wife by
Warranty Deed recorded in Book 153, at Page 212.
is hereby granted to Joan E. Whiteside and the Community
Counseling Center, 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 Sp-e-cial 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 1989.
Francis E. Rhodes, Mayor
ATTEST:
SPECIAL USE PERMIT
Joan E. Whiteside and the Community Counseling Center are
hereby granted a Special Use Permit for purposes of constructing,
maintaining and operating a medical clinic/professional office
facility, on the following described property for an indefinite
period of time:
All of 4.13 acres, part of Out Lot No. 86 in Survey No.
2199, Township 30 North, Range 13 East, described by
metes and bounds as follows: Beginning at a corner on
the South side of the Cape Girardeau and Bloomfield
Gravel Road, from which a Locust tree 24 inches in
diameter bears North 530 East 49 links, (the same being
the Northwest corner of a certain 10.90 acres tract in
said Out Lot No. 86 as shown on plat made by L. M. Bean,
County Surveyor of record in the Recorder's Office at
Jackson, Mo., in Surveyor's Record No. 8 at Page 7.) and
run South 6 3/40 East with the East line of County Road
7.75 chains to the Northwest corner of Otto F. Willa
- --tract- in said Out Lot No. 86; thence- Eastwardly 4.36
chains to the Northeast corner of Otto F. Willa tract on
the West line of the Ivan M. Kraemer tract; thence North
4 3/41 East 9.62 chains to a corner on the south line of
the Cape Girardeau and Bloomfield Gravel Road and at the
Northwest corner of the Ivan M. Kraemer tract; thence
with said road South 81 1/2° West 3.43 chains to a
corner, and thence South 67° West 2.78 chains to the
place of beginning.
EXCEPT that part conveyed to Claude Gleason and wife by
Warranty Deed recorded in Book 153, at Page 212.
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.
IN WITNESS WHEREOF, the City Manager of the City of Cape
0
Girardeau, Missouri, affixes his signature this
of , 1989.
J. Ronald Fischer, City Manager
ATTEST:
Evelyn G. LeGrand, City Clerk
STATE OF MISSOURI )
ss
COUNTY OF CAPE GIRARDEAU )
day
On this day of , 198 , before me
--appeared J. Ronald Fischer, 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.
My Commission Expires:
October 8, 1992
Delores G. Needham, Notary Public