HomeMy WebLinkAboutOrd.768.10-16-1989BILL NO. 89-190
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CHARLES F. BLATTNER, ET AL. AND CAPE CENTER
ASSOCIATES, L.P., FOR PURPOSES OF MAINTAINING AND
OPERATING A TEMPORARY TRAILER ON SOUTH BROADVIEW
SOUTH OF WILLIAM, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Charles F. Blattner, Joyce E. Blattner, Charlotte
Blattner Sherfield, Lester 1. Sherfield, Jean Blattner Henry,
Hurry Henry, Donald K. Blattner, Constance R. Blattner, Paul E.
Blattner, Marion E. Blattner, Robert C. Blattner, Erlene M.
Blattner, Barbara Blattner Schaffner, David E. Schaffner, Louis C.
Blattner, Jr., Mary Lou Blattner, Eleanor B. Richmond and Eleanor
B. Richmond Voluntary Trust Agreement, by Irvin J. Richmond,
Co -Trustee are the owner of certain property in the City of Cape
Girardeau, on which Cape Center Associates, L.P. desires to
maintain and operate a temporary trailer on South Broadview South
of William Street; and
WHEREAS, the proposed location of said trailer is South
Broadview South of William Street, which property is presently
zoned C-2, General Commercial District; and
WHEREAS, a Special Use Permit is required for said trailer use
in a C-2 zone;
NOW, THEREFORE, BE. IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 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.
SECTION 2. A Special Use Permit for purposes of maintaining
and operating a temporary trailer on South Broadview South of
William Street on the following described property:
Apart of Lot No. 1 of the Rodney 400 Aspen Tract located
in United States Private Survey No. 2199, Township 30
North, Range 13 East, of the Fifth Principal Meridian
being more particularly described as follows:
Beginning at the intersection of the West line of Lot
No. 1 of the Rodney 400 Arpen tract and the South
right-of-way line of Missouri State Route K at centerline
Station 326+23.34; thence along the South right-of-way
line the following courses and distances:
North 850 O1' 48" East, 279.30 feet;
thence North 830 00' 14" East, 405.93 feet;
thence South 840 50' 24" East, 206.02 feet;
thence South 710 42' 29" East, 150.,95 feet;
thence North 72° 48' 54" East, 168.56 feet;
thence South 86° 21' 56" East, 70.00 feet to the
centerline of Cape LaCroix Creek; thence along the
centerline the following courses and distances:
South 031 38' 04" West, 441.30 feet to the beginning of a
curve concave to the Northeast having a radius of 358.10
feet and a central angle of 90° 00' 00"; thence along
said curve in a Southeasterly direction 562.50 feet;
thence South 880 45' 26" East, 81.72 feet; thence leaving
the centerline of Cape LaCroix Creek South 260 46' 13"
East, 235.50 feet to the West right-of-way line of
Missouri State Route 61; thence along said right-of-way
line the following courses and distances:
South 370 47' 47" West, 32.23 feet;_
thence South 100 3.8' 47" West, 32.23 feet to the North
line of Westborough Subdivision as recorded in Plat Book
No. 14, Page No. 82 in the land records of the County
Recorders Office; thence along the North and West line of
Westborough Subdivision the following courses and
distances:
North 790 21' 13" West, 200.00 feet;
thence South 10° 38' 47" West, 547.12 feet to the
beginning of a nontangent curve concave to the Southeast
having a radius of 425.00 feet and a central angle of 610
12' 25", to which point a radial line bears North 180 08'
48" West; thence along said curve in a Southwesterly
direction 454.01 feet; thence South 101 38' 47" West,
337.16 feet; thence South 460 17' 47" West, 29.65 feet;
thence North 4.30 27' 05" West, 39.40 feet to the
beginning of a curve concave -to the Northeast having a
radius of 167.49 feet and a central angle of 100 09' 08";
thence in a Northwesterly direction along said curve
29.68 feet to the beginning of a compound curve concave
to the Northeast having a radius of 1030.00 feet and a
central angle of 11° 14' 18"; thence in a Northwesterly
direction along said curve 202.03 feet; thence South 51°
09' 03" West, 637.26 feet to the West line of Lot No. 1
of the Rodney 400 Arpen Tract; thence along said West
line the following courses and distances;
North 290 08' 06" West, 524.21 feet; thence North 050 05'
57" West, 1933.38 feet to the point of beginning
containing 63.33 acres more or less and subject to all
easements of record.
is hereby granted to Charles F. Blattner, Joyce E. Blattner,
Charlotte Blattner Sherfield, Lester I. Sherfield, Jean Blattner
Henry, Harry Henry, Donald K. Blattner, Constance R. Blattner,
Paul E. Blattner, Marion E. Blattner, Robert C. Blattner, Erlene
M. Blattner, Barbara Blattner Schaffner, David E. Schaffner, Louis
C. Blattner, Jr., Mary Lou Blattner, Eleanor B. Richmond, Eleanor
B. Richmond Voluntary Trust Agreement, by Irvin J. Richmond,
Co -Trustee and Cape Center Associates, 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.
SECTION 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF _.l'��,1zJ , 1989.
rands E. R11rodes, Mayor
ATTEST
(Imb,tW MGA4,.(-�
Kimberly A Pruett
Deputy Cit Clerk
SPECIAL USE PERMIT
Charles F. Blattner, Joyce E. Blattner, Charlotte Blattner
Sherfield, Lester I. Sherfield, Jean Blattner Henry, Harry Henry,
Donald K. Blattner, Constance R. Blattner, Paul E. Blattner,
Marion E. Blattner, Robert C. Blattner, Erlene M. Blattner,
Barbara Blattner Schaffner, David E. Sphaffner, Louis C. Blattner,
Jr., Mary Lou Blattner, Eleanor B. Richmond and Eleanor B.
Richmond Voluntary Trust Agreement, by Irvin J. Richmond,
Co -Trustee, 601 Highland Drive, Cape Girardeau, MO 63701 and Cape
Center Associates, L.P., 14522 South Outer Forty Road, Suite 310,
Chesterfield, MO 63017, are hereby granted a Special Use Permit
for purposes of maintaining and operating a temporary trailer on
South Broadview South of William Street, on the following
described property for a six (6) month period:
A part of Lot No. 1 of the Rodney 400 Arpen Tract located
in United States Private Survey No. 2199, Township 30
North, Range 13 East, of the Fifth Principal Meridian
being more particularly described as follows:
Beginning at the intersection of the West line of Lot
No. 1 of the Rodney 400 Arpen tract and the South
right-of-way line of Missouri State Route K at centerline
Station 326+23.34; thence along the South right-of-way
line the following courses and distances:
North 850 01' 48" East, 279.30 feet;
thence North 830 00' 14" East, 405.93 feet;
thence South 840 50' 24" East, 206.02 feet;
thence South 710 42' 29" East, 150.95 feet;
thence North 72,0 48' 54" East, 168.56 feet;
thence South 860 21' 56" East, 70.00 feet to the
centerline of Cape LaCroix Creek; thence along the
centerline the following courses and distances:
South 030 38' 04" West, 441.30 feet to the beginning of a
curve concave to the Northeast. having a radius of 358.10
feet and a central angle of 900 00' 00"; thence along
said curve in a Southeasterly direction 562.50 feet;
thence South 880 45' 26" East, 81.72 feet; thence leaving
the centerline of Cape LaCroix Creek South 26 46' 13"
East, 235.50 feet to the West right-of-way line of
Missouri State Route 61; thence along said right-of-way
line the following courses and distances:
South 370 47' 47" West, 32.23 feet;
thence South 100 38' 47" West, 32.23 feet to the North
line of Westborough Subdivision as recorded in Plat Book
No. 14, Page No. 82 in the land records of the County
Recorders Office; thence along the North and West line of
Westborough Subdivision the following courses and
distances:
North 790 21' 13" West, 200.00 feet;
thence South 100 38' 47" West, 547.12 feet to the
beginning of a nontangent curve concave to the Southeast
having a radius of 425.00 feet and a central angle of 610
12' 25", to which point a radial line bears North 180 08'
48" West; thence along said curve in a Southwesterly
direction 454.01 feet; thence South 10° 38' 47" West,
337.16 feet; thence South 460 17' 47" West, 29.65 feet;
thence North 43° 27' 05" West, 39.40 feet to the
beginning of a curve concave to the Northeast having a
radius of 167.49 feet and a central angle of 100 09' 08";
thence in a Northwesterly direction along said curve
29.68 feet to the beginning of a compound curve concave
to the Northeast having a radius of 1030.00 feet and a
central angle of 110 14' 18"; thence in a Northwesterly
direction along said curve 202.03 feet; thence South 510
09' 03" West, 637.26 feet to the West line of Lot No. 1
of the Rodney 400 Arpen Tract; thence along said West
line the following courses and distances;
North 290 08' 06" West, 524.21 feet.; thence North 051 05'
57" West, 1933.38 feet to the point of beginning
containing 63.33 acres more or less and subject to all
easements of record.
This Special Use Permit is granted upon the condition that the
Applicants be bound by all City Ordinances which pertain to the
'Special Use Permit and that the Applicants be bound by the
following conditions which are imposed as a condition of issuance
of this Special Use Permit. Upon the failure of the Applicants to
comply with these special conditions, the Special Use Permit will
automatically terminate with the right of the City of Cape
Girardeau to enter upon the land to abate such special use.
SPECIAL CONDITIONS:
1. Additions or modifications from the original building
permit must be approved by the City Council.
2. Special use shall meet all zoning regulations.
3. Location of the temporary trailer to be as shown on
drawings submitted to the City by the Applicants.
4. Special Use Permit shall terminate six (6) months after
its effective date.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day
of , 1989.
J. Ronald.,Fischer, City Manager
ATTEST:
Kimberly A. Pruett
Deputy City Clerk
STATE OF MISSOURI )
ss
COUNTY OF CAPE GIRARDEAU
On__ this. __ day of ;_ _198 . , before -_ me.
appeared J. Ronald Fischer, 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.
Delores G. Needham, No ary Pub=
My Commission Expires:
October 8, 1992