HomeMy WebLinkAboutOrd.4884.08-15-16 BILL NO. 16-138 ORDINANCE NO. 9g4
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF PROPERTY
LOCATED AT 400 BROADWAY AND 221 NORTH
FOUNTAIN STREET, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI FROM CBD AND RUMD,
TO CBD AND DOWNTOWN COMMERCIAL CORRIDOR
OVERLAY DISTRICT
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from CBD, Central Business District and RUMD,
Residential Urban Mixed Density District to CBD and DCC, Central
Business District with Downtown Commercial Corridor Overlay
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 a. public hearing was held on
Monday, August 1, 2016, and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 from CBD, Central Business District and RUMD,
Residential Urban Mixed Density District to CBD and DCC, Central
Business District with Downtown Commercial Corridor Overlay
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 400 Broadway and 221 North Fountain Street from
the present CBD, Central Business District and RUMD, Residential
Urban Mixed Density District to CBD and DCC, Central Business
District with Downtown Commercial Corridor Overlay District, for
the following described property:
Property on West side of Fountain Street to be rezoned
to CBD and DCC:
(Lot 1 of Proposed OTC First Subdivision)
1
ALL OF LOTS ONE (1) AND TWO (2) OF MARQUETTE CENTRE
SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, AS SHOWN BY PLAT RECORDED IN THE PLAT BOOK
25 AT PAGE 26, LAND RECORDS OF CAPE GIRARDEAU COUNTY,
MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 1 OF
MARQUETTE CENTRE SUBDIVISION; THENCE WITH THE NORTH
LINE OF SAID LOT 1, SOUTH 83°47 ' 24" EAST, 180 . 49 FEET
TO THE NORTHEAST CORNER OF SAID LOT 1, SAID CORNER
ALSO BEING A POINT ON THE WEST RIGHT OF WAY LINE OF
FOUNTAIN STREET; THENCE LEAVING SAID NORTH LINE OF LOT
1 AND WITH SAID WEST RIGHT OF WAY LINE OF FOUNTAIN
STREET, SOUTH 06°11 ' 26" WEST, 233 . 29 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 2 OF MARQUETTE CENTRE
SUBDIVISION; THENCE LEAVING SAID WEST RIGHT OF WAY
LINE AND WITH THE SOUTH LINE OF SAID LOT 2, NORTH
83°45 ' 11" WEST, 100 . 03 FEET; THENCE NORTH 06°11 ' 26"
EAST, 61 . 50 FEET; THENCE NORTH 83°45 ' 11" WEST, 80 . 46
FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, SAID
CORNER ALSO BEING A POINT ON THE EAST LINE OF AN
ALLEY; THENCE WITH SAID EAST LINE OF ALLEY, NORTH
06°11 ' 26" EAST, 171 . 68 FEET TO THE POINT OF BEGINNING
AND CONTAINING 37, 148 SQUARE FEET, 0 . 853 ACRES, MORE
OR LESS .
(Lot 2 of Proposed OTC First Subdivision)
ALL OF UNITS 1, 2, 3, 4 , AND 5 OF THE H & H
CONDOMINIUM, AS SHOWN BY PLAT RECORDED IN BOOK 367 AT
PAGE 67 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY,
MISSOURI, AND A 100% PERCENTAGE INTEREST IN LANDS
DESIGNATED AS COMMON ELEMENTS AS PER CONDOMINIUM
DECLARATION DATED JANUARY 2, 1979, AND RECORDED MARCH
15, 1979 IN BOOK 367 AT PAGE 67, LAND RECORDS OF CAPE
GIRARDEAU COUNTY, MISSOURI .
AND,
THAT PART OF LOT FIFTEEN ( 15) IN RANGE "E" IN THE CITY
OF CAPE GIRARDEAU, MISSOURI, MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 15 IN RANGE
"E" , SAID CORNER ALSO BEING THE INTERSECTION OF THE
NORTH RIGHT OF WAY LINE OF BROADWAY STREET AND THE
WEST RIGHT OF WAY LINE OF FOUNTAIN STREET; THENCE WITH
SAID NORTH RIGHT OF WAY LINE OF BROADWAY STREET, NORTH
83°45 ' 11" WEST, 180 . 49 FEET TO THE SOUTHWEST CORNER OF
7
SAID LOT 15 IN RANGE "E", SAID CORNER ALSO BEING THE
INTERSECTION OF SAID NORTH RIGHT OF WAY LINE OF
BROADWAY STREET AND THE EAST LINE OF AN ALLEY; THENCE
LEAVING SAID NORTH RIGHT OF WAY LINE AND WITH SAID
EAST LINE OF ALLEY, NORTH 06°11 ' 26" EAST, 181 . 50 FEET;
THENCE LEAVING SAID EAST LINE, SOUTH 83°45 ' 11" EAST,
80 . 46 FEET; THENCE SOUTH 06°11 ' 26" WEST, 61 . 50 FEET;
THENCE SOUTH 83°45 ' 11" EAST, 100 . 03 FEET TO THE WEST
RIGHT OF WAY LINE OF SAID FOUNTAIN STREET; THENCE WITH
SAID WEST RIGHT OF WAY LINE, SOUTH 06°11 ' 26" WEST,
120 . 00 FEET TO THE POINT OF BEGINNING AND CONTAINING
26, 607 SQUARE FEET, 0 . 611 ACRES, MORE OR LESS .
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 the CBD
and DCC, Central Business District with Downtown Commercial
Corridor Overlay 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 3 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS ' DAY OF t t J , 2016.
1
ry E. ed ger, Mayor
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Clerk 4"T1utiiui \
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