HomeMy WebLinkAboutOrd.4394.11-19-2012BILL NO. 12-167 ORDINANCE NO. '439 T
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF PROPERTY
LOCATED NEAR THE INTERSECTION OF LA SALLE
AVENUE AND BALDWIN DRIVE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1
TO C-2 AND R-3
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
and Article 3 of this ordinance from R-1, Single -Family Suburban
Residential District to C-2, Highway Commercial District; and R-
3, High -Density Single -Family Residential District, and
WHEREAS, Public Notice of such change was given as
prescribed in Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and public hearing was held on
Monday, November 5, 2012; and
WHEREAS, the. City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 from R-1, Single -Family Suburban Residential District
to C-2, Highway Commercial District; and R-3, High -Density
Single -Family Residential District, and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to change
the zoning of property located near the intersection of LaSalle
Avenue and Baldwin Drive, from R-1, Single -Family Suburban
Residential District to C-2, Highway Commercial District, said
area including the following described property:
Tract 1
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790,
TOWNSHIP 31 NORTH RANGE 13 OF THE FIFTH PRINCIPAL
MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 3
LOCATED ON THE EAST LINE OF UNITED STATES PRIVATE
SURVEY NO. 790, AT A FOUND SQUARE CUT STONE WITH CUT
CROSS MARK ON CORNER FOR THE POINT OF BEGINNING;
1
THENCE NORTH 84053156" WEST, 1072.50 FEET, TO A FOUND
IRON PIN; THENCE NORTH 5047'22" EAST, 403.90 FEET, TO
A FOUND IRON PIN; THENCE NORTH 84059'00" WEST, 2644.89
FEET, TO A FOUND SQUARE CUT STONE WITH CUT CROSS MARK
ON CORNER; THENCE NORTH 3047'04" EAST, 415.10 FEET;
THENCE SOUTH 89059100" EAST, 2359.39 FEET; THENCE
NORTH 83024'26" EAST, 1389.19 FEET; THENCE SOUTH
4058146" WEST, 1100.00 FEET TO THE POINT OF BEGINNING,
AND CONTAINING 49.71 ACRES, MORE OR LESS, AS INDICATED
ON THE ACCOMPANYING PLAT.
And Also,
Tract 2
All of that part of United
790, in Township 31 North,
Principal Meridian, in the
State of Missouri, and more
follows:
States Private Survey No.
Range 13 East of the Fifth
County of Cape Girardeau,
particularly described as
Commence at a 221--l' dia. iron pipe marking the Southwest
corner of said United States Private Survey No. 790,
thence with the south line of said Survey, South
83044123" East, 2615.89 feet, to a point where the
South line of said U.S.P.S. 790 intersects the
Easterly line of the Southeast University Foundation
Property described in deed book 551, at page 569,
thence with the east line of said Foundation Property,
North 03020152" East, 1123.65 feet, to the point of
beginning thence continue North 03020152" East, 900.38
feet, to a found square cut stone with a cut cross
marking the Northwest corner of the surveyed parcel,
from which a found square cut stone with a cross
marking the Northeast Corner of the Foundation
Property bears North 03047104" East, 1727.49 feet,
thence along the Northerly line of the surveyed tract,
South 84059100" East, 2644.89 feet to a found z" dia.
rod, thence South 05047122" West, 403.90 feet, thence
South 84053156" East, 445.58 feet; thence South
24009121" West, 524.47 feet; thence North 84059100"
West, 2886.85 feet, to the point of beginning, and
containing 58.38 acres, more or less, as indicated on
the accompanying plat.
And Also,
Tract 3
2
All of that part of United States Private Survey No.
790, and that part of Fractional Sections 9 and 10,
all in Township 31 North, Range 13 East of the Fifth
Principal Meridian, in the County of Cape Girardeau,
State of Missouri, and more particularly described as
follows:
Commence at a 2 M" diameter iron pipe marking the
Southwest corner of said United States Private Survey
No. 790, thence with the south line of said Survey,
South 830 44' 23" East, 2,615.89 feet, to a point
where the South line of said U.S.P.S. 790 intersects
the Easterly line of the Southeast University
Foundation Property described in Deed Book 551, at
Page 569, the place of beginning; Thence with the
east line of said Foundation Property, North 030 20'
52" East, 1,123.65 feet, thence South 840 59' 00"
East, 2,886.85 feet; thence South 240 09' 21" West,
511.55 feet; thence South 560 15' 50" West, 212.02
feet; thence South 330 44' 10" East, 345.48 feet;
thence along the arc of a curve to the left, having a
radius of 560.00 feet, a distance of 452.08 feet;
thence South 840 59' 42" East, 97.71 feet; thence
South 700 47' 13" East, 121.56 feet, to a point in the
center of County Road No. 618; thence with the center
of said road, in a southwest direction along the arc
of a curve concave to the southeast, and having a
radius of 350.00 feet, a distance of 148.97 feet, (the
chord of said arc bears South 670 14' 57" West, 147.85
feet); thence South 550 03' 20" West, 126.58 feet,
thence along the arc of a curve to the left having a
radius of 600.00 feet, a distance of 70.39 feet,
thence South 480 20' 02" West, 225.08 feet, thence
along the arc of a curve to the right having a radius
of 300.00 feet, a distance of 103.57 feet, thence
South 680 06' 49" West, 126.41 feet, thence along the
arc of a curve to the right having a radius of 800.00
feet, a distance of 104.52 feet, thence South 750 35'
59" West, 169.52 feet, thence along the arc of a curve
to the right having a radius of 500.00 feet, a
distance of 151.17 feet, thence North 870 04' 39"
West, 199.23 feet, thence leaving the center of said
County Road 618, North 030 53' 12" West, 320.99 feet,
thence North 250 44' 49" West, 272.89 feet, thence
South 580 18' 50" West, 277.76 feet, thence South 070
56' 42" West, 186.84 feet, thence South 100 35' 56"
East, 41.67 feet; thence North 840 02' 43" West,
1,686.71 feet; thence North 030 20' 52" East, 427.00
3
feet, to the place of beginning and containing 101.58
acres, more or less.
THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, IN
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH
PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU,
THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the northwest corner of Fractional Section
10, Township 31 North, Range 13 East, at a found
stone; thence North 84053156" West, 1,072.50 feet, to
the point of beginning; thence South 12055104" West,
507.97 feet; thence North 84059100" West, 934.56 feet;
thence North 08015141" East, 908.46 feet; thence South
84059100" East, 958.41 feet, to a found iron pin;
thence South 05047122" West, 403.90 feet, to the point
of beginning, and containing 20.00 acres, more or
less, subject to any easements of record.
And Also,
THAT PART OF UNITED STATES PRIVATE SURVEY 790,
TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Southeast Corner of Baldwin Place Phase
I, a Subdivision on file in the Land Records of Cape
Girardeau County in Document Number 2011-05418; thence
South 03044158" West, 305.08 feet; thence North
84057140" West, 514.19 feet; thence North 08017,01"
East, 305.49 feet, to the Southwest corner of said
Baldwin Place Phase I; thence with the South line of
said Baldwin Place Phase I; South 84057140" East,
490.03 feet, to the point of beginning and containing
3.52 acres, more or less.
And Also,
That part of La Salle Avenue Right of Way described in
Deed Document Numbers 2008-03069 & 2008-03077.
ARTICLE 2. The City Council hereby finds and declares that
the property described in Article 1 hereof is at the present
time particularly suitable for the purposes and uses of a C-2,
Highway Commercial District, and that such changes authorized
hereby are reasonable and in reasonable conformity with the
4
existing uses and value of the
properties.
ARTICLE 3. Chapter 30 of
of Cape Girardeau, Missouri,
zoning of property located
Avenue and Baldwin Drive,
Residential District to
Residential District, said
described property:
immediately surrounding
the Code of Ordinances of the City
is hereby amended to change the
near the intersection of LaSalle
from R-1, Single -Family Suburban
R-3, High -Density Single -Family
area including the following
THAT PART OF UNITED STATES PRIVATE SURVEY 790,
TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF
CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS
FOLLOWS:
Begin at the Southeast Corner of Baldwin Place Phase
I, a Subdivision on file in the Land Records of Cape
Girardeau County in Document Number 2011-05418; thence
South 03044158" West, 305.08 feet; thence North
84057140" West, 514.19 feet; thence North 08017'01"
East, 305.49 feet, to the Southwest corner of said
Baldwin Place Phase I; thence with the South line of
said Baldwin Place Phase I; South 84057140" East,
490.03 feet, to the point of beginning and containing
3.52 acres, more or less.
ARTICLE 4. The City Council hereby finds and declares that
the property described in Article 1 hereof is at the present
time particularly suitable for the purposes and uses of a R-3,
High -Density Single -Family Residential District, and that such
changes authorized hereby are reasonable and in reasonable
conformity with the existing uses and value of the immediately
surrounding properties.
ARTICLE 5. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS j qlA DAY OF 2012.
ATTEST:
Conrad, City Cle
Edi &f, Mayor