HomeMy WebLinkAboutORD.2490.03-01-1999BILL NO. 99-25 ORDINANCE NO.-�(/CjU
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
VERNON E. RHODES FAMILY PARTNERS, L.P., FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A COMMUNITY UNIT PLAN AT THE
SOUTHWEST CORNER OF KINGSHIGHWAY AND BOULDER
CREST DRIVE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Vernon E. Rhodes Family Partners, L.P. is the owner
of certain property in the City of Cape Girardeau, on which it
desires to construct, maintain and operate a Community Unit Plan;
and
WHEREAS, the proposed location of said Community Unit Plan
is at the Southwest corner of Kingshighway and Boulder Crest
Drive, which property is presently zoned R-4, Multiple Dwelling
District; and
WHEREAS, a Special Use Permit is required for said use in an
R-4 zone;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council having duly considered the
application finds that the granting of the Special Use Permit
will not substantially increase traffic hazards, congestion, fire
hazards or adversely affect the general character of the
neighborhood or the general welfare of the community, nor will it
overtax public utilities or be in conflict with the comprehensive
plan.
ARTICLE 2. A Special Use Permit for purposes of
constructing, maintaining and operating a Community Unit Plan, on
the following described property:
A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 31 NORTH,
RANGE 13 EAST, CAPE GIRARDEAU COUNTY MISSOURI,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS SOUTH 01 DEGREE 09 MINUTES
EAST 424.17 FEET FROM AN OLD IRON PIPE BEING THE
INTERSECTION OF SECTION 22, 23, 26, AND 27 IN SAID
TOWNSHIP AND RANGE; THENCE CONTINUING SOUTH 01 DEGREE
09 MINUTES FAST 18.0 FEET; THENCE SOUTH 83 DEGREES 30
MINUTES WEST 122.0 FEET; THENCE SOUTH 70 DEGREES 32
MINUTES WEST 290.0 FEET; THENCE SOUTH 71 DEGREES 03
MINUTES WEST 137.0 FEET TO A POINT OF A CURVE TO THE
RIGHT; THENCE ALONG SAID ARC OF SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 128 FEET, A DISTANCE OF 157.0 FEET;
THENCE NORTH 39 DEGREES 37 MINUTES WEST 131.5 FEET;
THENCE NORTH 06 DEGREES 30 MINUTES EAST 508.5 FEET;
THENCE SOUTH 86 DEGREES EAST 205 FEET; THENCE SOUTH 06
DEGREES 30 MINUTES WEST 202.69 FEET; THENCE SOUTH 63
DEGREES 26 MINUTES 59 SECONDS EAST 573.57 FEET TO THE
POINT OF BEGINNING AND CONTAINING 5.49 ACRES
is hereby granted to Vernon E. Rhodes Family Partners, L.P., to
be effective ten (10) days after the date of passage and approval
of this ordinance. The special use must comply with all
regulations set forth in the Zoning Code for the district in
which the use is located except those which have been
specifically excepted under this permit, and all other applicable
ordinances of the City of Cape Girardeau and any special
conditions contained in the Special Use Permit, a copy of which
is attached hereto and incorporated herein by reference. The City
Manager is hereby given the power to execute the Special Use
Permit for and on behalf of the City of Cape Girardeau, Missouri.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS'D DAY OF��--' ,
A. M. Sprddling, III,/Mayor
ATTEST:
Gayle"L. Conrad
Deputy City Clerk
S��
SPECIAL USE PERMIT no 'I1,41 FA1,1407
Vernon E. Rhodes Family Partners, L.P., by Scott M. Rhodes,
2149 William Street, Cape Girardeau, MO 63703, is hereby granted
a Special Use Permit for purposes of constructing, maintaining
and operating a Community Unit Plan, on the following described
property for an indefinite period of time:
A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 31 NORTH,
RANGE 13 EAST, CAPE GIRARDEAU COUNTY MISSOURI,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS SOUTH O1 DEGREE 09 MINUTES
EAST 424.17 FEET FROM AN OLD IRON PIPE BEING THE
INTERSECTION OF SECTION 22, 23, 26, AND 27 IN SAID
TOWNSHIP AND RANGE; THE1,T4COP3TIP4iJIi1G SOUTH Ol DEGREE
09 MINUTES FAST 18.0 FEET; THENCE SOUTH 83 DEGREES 30
MINUTES WEST 122.0 FEET; THENCE SOUTH 70 DEGREES 32
MINUTES WEST 290.0 FEET; THENCE SOUTH 71 DEGREES 03
MINUTES WEST 137.0 FEET TO A POINT OF A CURVE TO THE
RIGHT; THENCE ALONG SAID ARC OF SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 128 FEET, A DISTANCE OF 157.0 FEET;
THENCE NORTH 39 DEGREES 37 MINUTES WEST 131.5 FEET;
THENCE NORTH 06 DEGREES 30 MINUTES EAST 508.5 FEET;
THENCE SOUTH 86 DEGREES EAST 205 FEET; THENCE SOUTH 06
DEGREES 30 MINUTES WEST 202.69 FEET; THENCE SOUTH 63
DEGREES 26 MINUTES 59 SECONDS EAST 573.57 FEET TO THE
POINT OF BEGINNING AND CONTAINING 5.4 9 ACRES
This Special Use Permit is granted upon the condition that
the Applicant be bound by all City Ordinances which pertain to
the Special Use Permit and that the Applicant be bound by the
following conditions which are imposed as a condition of issuance
of this Special Use Permit. Upon the failure of the Applicant to
comply with these special conditions, the Special Use Permit will
automatically terminate and the City of Cape Girardeau shall have
the right to enter upon the land to abate such special use.
SPECIAL rnNDTT_L nqC
1. Additions or modifications from the original building
permit must be approved by the City Council.
2. Special use shall meet all applicable zoning
regulations.
3. This Special Use Permit shall automatically terminate
in twelve (12) months upon the failure to develop the
use of the land for which the Special Use Permit has
been issued.
4. This Special Use Permit is not transferrable without
consent of the City Council.
5. A second exit onto Boulder Crest Drive shall be
constructed.
6. The driveways shown for the complex shall be connected.
IN WITNESS WHEREOF, the City Manger of the Qity of Cape
Girardeau, Missouri,;..., affixes his signature this day of
r
Michael G. Miller
City Manager
ATTEST:
A,
%
3
�ayPls L. Conrad
Deputy City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU
On thisday day of 19 �' before me
appeared Michael G. Miller, to me personally known, who, being by
me duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument
is the seal of said City and that the said instrument was signed
and sealed in behalf of said City by authority of its City
Council and acknowledged said instrument to be the free act and
deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal, at my office in Cape Girardeau,
Missouri, the day and year first above written.
r ,
Delores G. Needham, Notary Public
,My Qomml)ssion Expires:
O'ctobdr 8, 2000
HOTS 99I FT499
Filed for Record
x:.59
MAR 0 4 1999
Janet Robert, Recorder
Cape Girardeau County
STATE OF MISSOURI � ss
County of Cape Girardeau,
I hereby _-certify that this instrument
was FILED FOR RECORD at the date
and times�Q hereon and is r�.e rded in
Book.. .:�'L�....Page.... `
\ JANET ROBERT
Rec rder of D eds
tY 1 '
Deputy