HomeMy WebLinkAboutOrd.5325.08-17-2020 BILL NO. 20-117 ORDINANCE NO.5,2
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY ZONING NEWLY ANNEXED PROPERTY,
LOCATED AT 4072 STATE HIGHWAY K, AS C-2,
HIGHWAY COMMERCIAL DISTRICT
WHEREAS, the City Planning and Zoning Commission has
recommended zoning all of the newly annexed property described
in Article 1 of this Ordinance as C-2, Highway 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 a public hearing was held on
July 20, 2020; and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri has elected to zone the property 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
following newly annexed property as C-2, Highway Commercial
District:
4072 STATE HIGHWAY K
ALL OF THAT PART OF THE NORTH HALF OF FRACTIONAL
SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE
INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3
AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY
#3090; THENCE WITH THE NORTH LINE OF FRACTIONAL
SECTION 3 SOUTH 89°42 ' 38" WEST, 803 . 50 FEET TO A FOUND
SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION
3, THENCE CONTINUE WITH THE NORTH LINE OF SAID
FRACTIONAL SECTION 3, SOUTH 89°39 ' 27" WEST, 232 . 39
FEET; TO A SET 1/2" IRON ROD WITH CAP AT THE PLACE OF
BEGINNING; THENCE SOUTH 00°08 ' 19" EAST, 252 . 79 FEET TO
A SET 1/2" IRON ROD WITH CAP; THENCE SOUTH 31°34 ' 09"
WEST, 99. 29 FEET TO A SET 1/2" IRON ROD WITH CAP;
THENCE SOUTH 00°29 ' 48" EAST, 214 . 74 FEET TO A SET 1/2"
IRON ROD WITH CAP ON THE NORTH LINE OF MISSOURI STATE
ROUTE 'K' , THENCE WITH SAID NORTH LINE, NORTH
78°54 ' 15" WEST, 183 . 41 FEET TO A FOUND MODOT RIGHT OF
WAY MARKER; THENCE CONTINUING ALONG THE NORTH LINE OF
SAID ROUTE 'K' , ALONG THE ARC OF A SPIRAL CURVE
PARALLEL TO AND 60 FEET NORTH OF THE CENTERLINE OF
SAID ROUTE 'K' , A DISTANCE OF 254 . 63 FEET (SAID SPIRAL
BEING APPROXIMATED BY A CIRCULAR CURVE WITH A RADIUS
OF 3318 . 90 FEET, AND THE CHORD ACROSS SAID ARC BEARING
NORTH 73°17 ' 01" WEST, 254 . 57 FEET) ; THENCE NORTH
74°45 ' 20" WEST, 120 . 25 FEET TO A CORNER AT THE
SOUTHEAST CORNER OF A TRACT CONVEYED IN DOCUMENT No.
2005-17966; SAID CORNER BEING ALSO THE SOUTHWEST
CORNER OF A TRACT CONVEYED IN DEED BOOK 306 AT PAGE
457; AND THENCE WITH THE EAST LINE OF SAID TRACT
CONVEYED IN DOCUMENT 2005-17966; AND THE WEST LINE OF
SAID TRACT CONVEYED IN DEED BOOK 306 AT PAGE 457; AND
LEAVING THE NORTH LINE OF SAID ROUTE 'K' ; NORTH
00°40 ' 17" WEST, 408 . 46 FEET TO A FOUND 5/8" DIAMETER
SMOOTH IRON PIN ON THE NORTH LINE OF SAID SECTION 3;
(FROM WHICH A 3/4" IRON PIPE IN CONCRETE WAS NOTED TO
FALL ON LINE AND SOUTH 1 . 83 FEET) , THENCE WITH THE
NORTH LINE OF SAID SECTION 3, NORTH 89°39 ' 27" EAST,
594 . 11 FEET; TO THE PLACE OF BEGINNING AND CONTAINING
6. 356 ACRES, AS MORE OR LESS .
ARTICLE 2 . The City Council of the City of Cape Girardeau,
Missouri hereby finds that the property described in Article 1
of this Ordinance is at the present time particularly suitable
for the purposes and uses of the 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 3 . 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 thereof.
ARTICLE 4 . This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS 17th DAY OF August , 2020 .
joor
Bob Fox, Mayor
ATTEST :
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Zoning Recommendation - 4072 State Highway K
234250345368
346
314
140
302
165
258
272352
208
Recommended Zoning: C-2 (Highway Commercial)
318
193
208
Future Land Use Recommendation: Medium Density Residential
290
651
630
253
228
Area to be
annexed
200
4250
4210
4704
4178
4437
4072
530
550
505
5908
5685
5175
Legend
µ
4072 State Highway K
Parcels
Cape City Limits
Zoning District
Created by: Development Services
R1
Carol Peters
03356701,340Feet
June 23, 2020
R4
Zoning Recommendation - 4072 State Highway K
234250345368
346
314
140
302
165
258
272352
208
Recommended Zoning: C-2 (Highway Commercial)
318
193
208
Future Land Use Recommendation: Medium Density Residential
290
651
630
253
228
Area to be
annexed
200
4250
4210
4704
4178
4437
4072
530
550
505
5908
Legend
5685
4072 State Highway K
5175
Parcels
µ
Cape City Limits
FLU Recommendation
Institutional
Medium Density Residential
Created by: Development Services
Low Density Residential
Carol Peters
03356701,340Feet
June 23, 2020
Highway Commercial