HomeMy WebLinkAboutOrd.4314.05-21-2012 BILL NO. 12-42 ORDINANCE NO. ���
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY ZONING VARIOUS PROPERTIES,
LOCATED IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI, AS M-11 LIGHT
MANUFACTURING DISTRICT; R-1, SINGLE FAMILY
SUBURBAN RESIDENTIAL DISTRICT; C-2 HIGHWAY
COMMERCIAL DISTRICT; AND RE, RURAL ESTATE
SINGLE FAMILY DISTRICT, RESPECTIVELY
WHEREAS, the City Planning and Zoning Commission has
recommended zoning all of the properties described in Article 1
of this Ordinance as M-1, Light Manufacturing District; all of
the properties described in Article 3 as R-1, Single Family
Suburban Residential District; all of the properties described
in Article 5 as C-2 Highway Commercial District; and all of the
properties described in Article 7 as RE, Rural Estate Single
Family 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
April 16, 2012, and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to zone the properties described herein as
set out below;
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 zone the
properties located at 3668 County Road 205; 436 Quapaw; 135
LaSalle; 171 Weston; 166 LaSalle; 201 LaSalle; and 190 LaSalle
to M-1, Light Manufacturing District, said area including the
following described properties :
Tract 1
DRISKELL PROPERTIES, LLC - 3668 COUNTY ROAD 205
1
A parcel of land containing 2 . 0 acres, more or less,
located in Survey No. 679, Township 30 North, Range 13
East, described as follows :
Start at the northwest corner of said Survey No. 679;
thence along the line between Surveys No . 679 and 175,
South 840 0' East, 384 . 8 feet; thence South 6° 0'
West, 557 . 7 feet; thence South 84 ° 0' East, 133 . 0 feet
to an intersection with the center of Ramsey Creek for
the point of beginning; thence continue South 84° 0'
East, along the line between Survey 679 and 175, 760 . 0
feet to a point in the West line of Bloomfield Road;
thence South 410 0' West, along said West line, 258 . 0
feet to the center of Ramsey Creek; thence along said
center, North 69° 30' West, 375 . 5 feet; thence North
61° 30' West, 277 . 5 feet to the point of beginning .
ALSO:
A part of United States Private Survey No. 175,
Township 30 North, Range 13 East of the Fifth
Principal Meridian, City and County of Cape Girardeau,
State of Missouri, being further described as follows :
Commencing at the Northeast corner of United States
Private Survey No . 679, Township 30 North, Range 13
East, thence North 84° 00' 00" West, 1194 .22 feet
along the North line of said U .S . P. S . No. 679, thence
North 05° 11' 25" East, 384 . 81 feet to a 1-,2" iron pin
at the Northeast corner of a 7 . 358 acre tract
described in Deed Book 1103, at Page 909, thence North
84° 02' 48" West, 823 . 10 feet along the North line of
said Survey No . 679 to a cotton picker spindle in the
center of Bloomfield Road, for the point of beginning,
thence continue North 84 ° 02' 48" West, 923 . 28 feet
along the line between United States Private Surveys
175 and 679 to a point in the center of Ramsey Creek,
from which a 1--�" iron pin bears South 84° 02' 48" East,
103 . 00 feet and a 1.2" iron pin bears North 050 57' 12"
East, 40 . 20 feet, thence North 05° 57' 12" East, 75 . 00
feet to a 1--�" iron pin, thence South 84° 02' 48" East,
969 . 18 feet to a cotton picker spindle in the center
of Bloomfield Road, the point of beginning of a non-
tangent curve concave to the Northwest, having a
radius of 800 . 00 feet, and a central angle of 06° 18'
03", from which point a radial line bears North 550
43' 49" West, thence along said curve an arc distance
of 87 . 98 feet to the point of beginning, containing
1 . 63 acres, more or less, being subject to that part
which lies within Bloomfield Road right-of-way, and
2
being subject to Ameren UE overhead electric line
easement being 100 . 0 feet in width.
Tract 2
STEVEN C. SEABAUGH - 436 QUAPAW LANE
TRACT NO. 1 :
That part of Fractional Section 10, Township 31 North,
Range 13 East, in the County of Cape Girardeau,
Missouri, described as follows :
Commence at the Northwest corner of the Southwest
Quarter of the Southwest Quarter of said Fractional
Section 10; thence North 89° 01' 25" East, 1623 . 74
feet; thence South 00° 00' 00" West, 362 . 85 feet to
the Point of Beginning, said point being in the center
of a branch; thence with said branch, South 23° 45'
24" East, 266 . 66 feet; thence South 12° 26' 36" West,
52 . 61 feet; thence South 9° 47' 09" East, 169 . 85 feet;
thence South 110 32' 15" East, 31 . 00 feet; thence
leaving said branch, North 71° 28' 57" East, 274 . 34
feet; thence North 23° 37' 32" West, 177 . 59 feet;
thence North 13° 54' 40" West, 223 . 00 feet; thence
North 10 41' 37" West, 106 . 72 feet; thence South 75°
31' 21" West, 272 . 00 feet to the Point of Beginning .
TRACT NO. 2 :
All of Lot 43 of Whispering Oaks in the County of Cape
Girardeau as shown by plat recorded in Plat Book 21 at
Page 35, land records of Cape Girardeau County,
Missouri .
Tract 3
JOHN P. ZIMMER, TRUSTEE, JOHN P. ZIMMER REVOCABLE
TRUST AGREEMENT - 135 LASALLE STREET - 171 WESTON
STREET
A parcel of real property located, lying, being and
situated in the County of Cape Girardeau, State of
Missouri, more legally and particularly described as
follows :
Part of Lot 7 of the Amended Plat of LaCroix
Industrial Park Subdivision as shown in Plage Book 15
at Page 38 in Cape Girardeau County, Missouri,
described as follows : Begin at the NE corner of said
Lot 7; thence S 1° 27' W along the West line of Weston
Street, 100 . 0 feet; thence N 89° 30' W, 200 . 0 feet;
thence N 1° 27' E, 100 . 0 feet to the North Line of
said Lot 7; thence S 89° 30' E along said North Line,
200 . 0 feet to the Point of Beginning.
Tract 4
BRS, LLC - 166 LASALLE STREET
Part of Lot Seven (7) of the Amended Plat of LaCroix
Industrial Park in the County of Cape Girardeau,
Missouri, as shown by Plat recorded in Plat Book 15 at
Page 38, containing 20, 667 square feet (more or less) ,
described as follows : Begin at the Northwest corner
of Lot 7 of said LaCroix Industrial Park; thence South
89° 30' East along the North line of said Lot 7, 137 . 8
feet; thence South 1° 27' West parallel to the East
line of LaSalle Street, 150 . 0 feet; thence North 89°
30' West parallel with the North line of said Lot 7,
137 . 8 feet to the East line of LaSalle Street, 150 . 0
feet to the Point of Beginning.
Tract 5
SAFETY-KLEEN SYSTEMS, INC . - 190 AND 201 LASALLE
STREET
All of Lots 3 and 4 and the west half of Lot 8,
LaCroix Industrial Park, a subdivision in the County
of Cape Girardeau, Missouri, as shown by Plat recorded
in Plat Book 10 Page 43 of the land records of Cape
Girardeau County, Missouri .
Article 2. The City Council hereby finds and declares that
the properties described in Article 1 hereof are at the present
time particularly suitable for the purposes and uses of an M-1,
Light Manufacturing 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 . Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to zone the
properties located at County Road 205; 1216 Ottawa Lane, Willow
Bend, and Baldwin Drive to R-1, Single Family Suburban
4
Residential District, said area including the following
described properties :
Tract 1
DALHOUSIE, LLC.
That part of U. S . P.S . No. 3139, Township 30 North,
Range 13 East, County of Cape Girardeau, State of
Missouri, described as follows :
Lot Number 1 of The Highlands at Dalhousie - Phase
VII, recorded in the County Recorder' s Office, Cape
Girardeau County, Missouri, in Plat Book 23 at Page
65 .
Tract 2
DALHOUSIE HOMEOWNERS ASSOCIATION, INC.
That part of U. S . P. S . No. 3139, Township 30 North,
Range 13 East, County of Cape Girardeau, State of
Missouri, described as follows :
Lots Number 2 and 3 of The Highlands at Dalhousie -
Phase VII, recorded in the County Recorder' s Office,
Cape Girardeau County, Missouri, in Plat Book 23 at
Page 65 .
Tract 3
DANA AND JOHN BAKER - 1216 OTTAWA LANE
A tract of land situated in Tract 1 of Lot 1 of the
Northwest Quarter of Section 19 in Township 31 North,
Range 14 East in Cape Girardeau County, Missouri,
described as follows : Commence at the southeast
corner of Tract No. 1, Lot 1 of the Northwest Quarter
of said Section 19; thence North 89° 52' West along
the south line of said Tract No . 1, 84 . 5 feet for the
point of beginning; thence North 09° 03' East, 119 . 5
feet; thence North 63° 42' West, 335 . 0 feet to the
east side of a public access road; thence South 36°
18' West along said side of access road, 140 . 8 feet;
thence South 50° 20' East, 240 . 0 feet to the south
line of said Tract No. 1; thence South 89° 52' East
5
along said south line, 180 . 0 feet to the point of
beginning.
ALSO:
That Part of the Northwest Quarter of Section 19,
Township 31 North, Range 14 East, County of Cape
Girardeau, State of Missouri, described as follows :
Commence at the Northwest corner of the Northeast
Quarter of the Southwest Quarter of said Section 19;
thence South 89° 52' 54" East, 740 . 09 feet, with the
Quarter Section line, to the place of beginning;
thence North 80 58' 01" East 347 . 20 feet; thence South
88° 35' 59" East, 130 .22 feet; thence South 67° 46'
45" East, 365 . 51 feet; thence South 90 05' 00" West,
81 . 35 feet; thence North 63° 42' West, 323 . 84 feet;
thence South 360 18' 00" West, 140 . 80 feet; thence
South 50° 20' 00" East, 237 . 95 feet; thence North 89°
52' 54" West, 319 . 31 feet to the place of beginning,
and containing 1 . 92 acre, more or less .
Tract 4
CHRISTOPHER H. AND MYRA S . JUNG - WILLOW BEND
All of Lot No. 17 of Bradley Heights Subdivision in
the County of Cape Girardeau, Missouri, as shown by
Plat recorded in Plat Book 7 at page 7 of the Land
Records of Cape Girardeau County, Missouri .
Tract 5
MEYR PROPERTIES, L. P.
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 -�" diameter iron pipe marking the
Southwest corner of said United States Private Survey
No. 790, thence with the south line of said Survey,
South 83° 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'
6
52" East, 1, 123 . 65 feet, thence South 84° 59' 00"
East, 2, 886. 85 feet; thence South 24° 09' 21" West,
511 . 55 feet; thence South 56° 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 84 ° 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 67° 14' 57" West, 147 . 85
feet) ; thence South 55° 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 48° 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 68° 06' 49" West, 126 . 41 feet, thence along the
arc of a cuve 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 cuve
to the right having a radius of 500 . 00 feet, a
distance of 151 . 17 feet, thence North 87° 04 39"
West, 199 . 23 feet, thence leaving the center of said
County Road 618, North 03° 53' 12" West, 320 . 99 feet,
thence North 250 44' 49" West, 272 . 89 feet, thence
South 58° 18' 50" West, 277 . 76 feet, thence South 07 °
56' 42" West, 186 . 84 feet, thence South 10° 35' 56"
East, 41 . 67 feet; thence North 840 02' 43" West,
1, 686 . 71 feet; thence North 03° 20' 52" East, 427 . 00
feet, to the place of beginning and containing 101 . 58
acres, more or less, excluding that portion lying in
the right-of-way of County Road 618 .
Article 4. The City Council hereby finds and declares that
the properties described in Article 3 hereof are at the present
time particularly suitable for the purposes and uses of an R-1,
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 . Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to zone the
property located at 1078 Wolverine Lane to C-2, Highway
7
Commercial District, said area including the following described
property:
DRURY SOUTHWEST SIGNS, INC. - 1078 WOLVERINE
A PART OF UNITED STATES PRIVATE SURVEY NO. 174,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH
PRINCIPAL .MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
Commencing at the intersection of the west right of
way line of Interstate Route 55 and the south line of
United States Private Survey no . 174, from which point
a 1" galvanized iron pipe at the southwest corner of
said U. S . P. S . no. 174 BEARS n. 840 27' 53" w. 1872 . 13
feet; thence along the west right of way line of
Interstate Route 55 the following courses and
distances : N 00° 55' 13" W, 42 . 02 feet; thence N 100
40' 35" W. 830 . 69 feet to the beginning of a curve
concave to the southwest having a radius of 5604 . 58
feet and a central angle of 050 06' 25"; thence in a
northwesterly direction along said curve 499 . 55 feet;
thence N 20° 02' 00" W. , 245 . 30 feet to the TRUE POINT
OF BEGINNING: thence leaving said west right of way
line S 69° 58' 00" W. , 350 . 00 feet; thence N 20° 02'
00" W. , 345 . 00 feet; thence N 69° 58' 00" E . , 350 . 00
feet to the West right of way line of Intersate Route
55; thence S 20° 02' 00" E . 345 .00 feet along said
west right of way line to the point of beginning
containing 120 . 750 square feet (2 . 772 acres) .
Article 6 . The City Council hereby finds and declares that
the property described in Article 5 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
existing uses and value of the immediately surrounding
properties .
Article 7 . Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to zone the
property located at 1-5.1 Willow Bend to RE, Rural Estate Single
Family District, said area including the following described
property:
8
CHRISTOPHER H. AND MYRA S . JUNG - 151 WILLOW BEND
TRACT NO. 1 : THAT PART OF U. S . P. SURVEY NO. 788,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH
PRINCIPLE MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU,
THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS :
Commence at the Northwest corner of the Southeast
Quarter of the Southeast Quarter of Fractional Section
9, Township 31 North, Range 13 East; thence North 890
43' 00" East, 586. 50 feet; thence South 09° 06' 00"
West, 915 . 11 feet, to the point of beginning; thence
continue South 09° 06' 00" West, 816 . 51 feet to the
Northwest corner of Bradley Heights Subdivision as
recorded in Plat Book 7 at page 7; thence South 87°
41' 77" East, 1048 . 11 feet, to the Northeast corner of
said Bradley Heights Subdivision; thence North 09° 06'
00" East, 816 . 51 feet; thence North 87° 41' 77" West,
1048 . 11 feet, to the point of beginning, and
containing 19 . 51 acres, more of less .
Article 8 . The City Council hereby finds and declares that
the property described in Article 7 hereof is at the present
time particularly suitable for the purposes and uses of an RE,
Rural Estate Single Family 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 9 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
Article 10 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS p�Z� DAY OF 2012 .
y E . R dige Mayor
ATTEST:
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