HomeMy WebLinkAboutOrd.3997.01-20-2009 t
BILL NO. 09-11 ORDINANCE NO. < 9 7
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 THE NORTHEAST CORNER OF MT.
AUBURN ROAD AND HOPPER ROAD FROM C-1, LOCAL
COMMERCIAL DISTRICT, AND R-4 , MULTI-FAMILY
DWELLING DISTRICT, TO C-1, LOCAL COMMERCIAL
DISTRICT, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from C-1, Local Commercial District and R-4 ,
Multi-Family Dwelling District, to C-1, Local Commercial
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, January 5, 2009, and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 from C-1, Local Commercial District, and R-4 , Multi-
Family Dwelling District, to C-1, Local Commercial 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 from the present C-1, Local Commercial District, and
R-4 , Multi-Family Dwelling District, to C-1, Local Commercial
District, for the following described property:
Tract I
Part of Outlot No. 78A, U. S . Private Survey No. 2199,
and part of the northeast fractional quarter of
fractional Section 35, both of Township 31 North,
Range 13 East, City and County of Cape Girardeau,
State of Missouri, described as follows :
1
Begin at the intersection of the south line of said
Outlot No. 78A and the east line of Mt . Auburn Road,
thence N 60 19' E, with said east line of Mt . Auburn
Road, 136 . 1 feet to the point of curve of a 40 45 '
curve to the left; thence northerly with said east
line and 40 45' curve, 189 . 1 feet to the point of
tangent of said 4' 45' curve; thence N 20 39' W, with
said east line 424 . 8 feet; thence S 820 13 ' E, 460 . 0
feet; thence S . 20 54 ' E, 754 . 7 feet to the south line
of Outlot No. 78A; thence N 820 13 ' W, with said south
line 500 . 0 feet to the point of beginning and
containing 7 . 9643 acres and subject to any right of
way of Hopper Road as same is situated on above
described tract .
Tract II
Part of Out Lot 78-A in U. S . Survey 2199 in the
County and City of Cape Girardeau, Missouri, more
particularly described as follows :
Beginning at an Iron Pin marking the Southwest corner
of a tract of land owned by the Missouri Conservation
Commission as recorded in Book 710 on Page 805 in the
Cape Girardeau County Office of the Recorder in
Jackson, Missouri, said corner being in the North line
of Hopper Road, said corner also having M. S . P. C. of N:
543154 . 22 (ft) E: 10905011 . 85 (ft) ; thence along the
West line of said tract South 04 degrees, 34 minutes,
11 seconds East, 38 . 16 feet to a point on the South
line of Outlot 78-A; thence along said South line,
North 83 degrees, 09 minutes, 37 seconds West, 148 . 98
feet to a point; thence leaving said South line, North
05 degrees, 38 minutes, 19 seconds East, 66 . 17 feet to
a point; thence North 53 degrees, 31 minutes, 16
seconds East, 158 . 22 feet to the East line of a tract
of land owned by Joseph and Mary Armbruster as
recorded in Book 485 on Page 67 in the Cape Girardeau
County Office of the Recorder in Jackson, Missouri;
thence along said East line, South 04 degrees, 34
minutes, 11 seconds East, 140 . 02 feet to the point of
beginning, subject to existing easements and right-of-
way.
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-1,
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Local 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 3 . This ordinance shall be in full force and
effect ten days after its passage and approval . /�(�
PASSED AND APPROVED THIS Iqk DAY OF U 20 (J% .
ay Knudtson, Mayor
ATTEST:
nrad, City Clerk
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