HomeMy WebLinkAboutCityMgrForm.1469.08-01-1979CITY MANAGER FORM ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART
OF OUTLOTS 84 AND 85, U.S.P.S. 2199, TOWNSHIP 30 NORTH, RANGE 13
EAST OF THE 5TH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI, FROM C-2 TO C-4
WHEREAS, the City Planning and Zoning Commission has recommended
that all the property described in Section 1 of this ordinance
should be rezoned from C-2, General Commercial District to C-4,
Planned 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 hearings were held on Wednesday,
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June 13, 1979 and July 18, 1979; and
WHEREAS, the Council of the City of Cape Girardeau, Missouri,
has elected to rezone the property described in Section 1 from C-
2 to C-4;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, is hereby amended by adding thereto
a C-4, Planned Commercial District, described as follows:
A tract of land being part of Outlots 84 and 85, U.S.P.S.
2199, T30N-R13E of the 5th P.M. in the City and County of Cape
Girardeau, Missouri, State of Missouri and being more particularly
described as follows: Beginning at an old iron rod at the inter-
section of the East line of Outlot 84 and the South line of
Missouri State Route K; thence S. 8° 45' 53" W., 1007.88 feet to
an old T Fence Post; thence S. 8° 12' 29" W. along the East line
of Outlot 85, 885.58 feet to a point; thence N. 810 47' 31" W.,
586.68 feet to the true point of beginning:
Thence N. 100 30' 00" E., 182.33 feet to a point on a curve
having a radius of 190.00 feet; thence along said curve to the
right a distance of 164.15 feet to a point; thence N. 600 00' 00"
E., 601.78 feet to a point; thence N. 4° 04' 45" E., 291.66 feet
to a point on a curve having a radius of 415.00 feet; thence
along said curve to the left a distance of 428.30 feet to a
point; thence N. 55° 03' 11" W., 100.00 feet to a point on a
curve having a radius of 435.00 feet; thence along said curve to
the right a distance of 118.91 feet to a point; thence S. 500 36'
34" W., 63.26 feet to a point on a curve having a radius of
310.00 feet and a chord bearing N. 781 12' 43" W.; thence along
said curve to the left a distance of 211.42 feet to a point;
thence S. 82° 15' 00" W., 280.60 feet to a point on a curve
having a radius of 290.00 feet; thence along said curve to the
right a distance of 94.88 feet to a point; thence N. 790 00' 19"
W.,.77.17 feet to a point; thence N. 341 00' 19" W., 28.28 feet
to a point; thence N. 100 59' 41" E., 170.51 feet.to a point;
thence N. 611 41' 42" E., 99.47 feet to a.point on the south
right-of-way line of .Missouri. State Route K, said point,being a
point on curve having a radius of 1979.86 feet and.a chord bearing
N. 79° 00' 19" W.; thence along said.curve, being the south
right-of-way line of Missouri State Route K., to the right a
distance of 228.07 feet to a point;.thence S. 390 42' 21" E.,
99.47 feet to a point; thence.S. 100 59' 41 W., 170.51 feet to a
point; thence S-55' 59' 41" W., 28.28 feet to a point; thence N.
790 00' 19" W., 447.50 feet.to a point on.a curve having a radius
of 310.00 feet; thence along said curve to the left a distance of
116.59 feet to a point; thence N.. 590 38' 18" W., 26.20 feet to a
point on a curve having a radius of 213.00 feet and a chord
bearing N. 01 59' 45" E.;.thence along said curve to.the right a
distance of 146..38 feet to a point; thence N. 20°.38' 40"
141.16 feet to a point; thence N. 7.3° 20' 26" E., 101.99 feet to
a point on the south.right-of-way line of Missouri State .Route K;
thence along said south line of Missouri .State Route K, N. 690
21' 20" W., 236.25 feet to a point; thence S. 3.20 03' 06" E.,
101.99 feet to a point;. thence. S. 201 38' 40" W., 141.16 feet to
a point on a curve having a radius of. 287.00 feet; thence along
said curve to the left a distance of.200.52 feet to a point;
thence S. 200 05' 08" W., 25.43, feet to a point on a.curve-having
.a radius of 310.00 feet.and a chord bearing S. 440 46' 36" W.,
thence along said curve to the left a distance of 159.90 feet to
a point; thence. S. 30° 00' 00" W., 295.64 feet to a point; thence
S. 75° 00' 00" W., 28.28 feet to a point; thence N. 601 00' 00"
W., 11.95 feet to a point on.a curve having a. radius of 237.00
feet; thence along said curve.to the left a distance of 99.27
feet to a point; thence N. 840 00' 00" W., 163.69 feet to a point
on the east right-of-way line of Mt. Auburn Road, 70.feet wide;
thence along said east right-of-way line of Mt. Auburn Road, S.
6° 00' 00" W., 74.00 feet to a point; thence S. 840 00' 00" E.,
163.69 feet to a point on a curve having a radius of 163.00 feet;
thence along said curve to the right a distance of 68.28 feet to
a point; thence S. 601 00' 00" E., 16.25 feet to a point.; thence
S. 19. 18' 49" E., 26.08 feet to a point on a curve having a
radius of 360.00 feet and a chord bearing S. 60 55' 48" E.;
thence along said curve to .the left a.distance of 355.67 feet to
a point; thence S. 840 08' 00" E., 6.67 feet to a.point on a
curve having a radius of 35.5.00 feet and a chord bearing S. 471
58' 14" E.; thence along said curve to the left a distance of
149.07 feet to a point; thence S. 60° 00' 00" E.., 172.1.5 feet to
a point on a curve having.a radius of 195.00 feet; thence along
said curve to the right a distance of 22.76 feet to a point;
thence. S. 180 27' 00" E., 597.05 feet to a point; thence S. 400
13' 17" W., 279.90 feet to a point on a curve having ..a radius of
213.00 feet.; thence along said curve to the right a distance of
116.47 feet to a point; thence S. 71' 33' 00" W.,90.16 feet to a
point on the east right-of-way line.of Mt. Auburn.Road, 70 feet
wide; thence along said east right-of-way .line of Mt. Auburn Road
S. 18° 27' 00" E., 74.00 feet to a point; thence N-711 33' 00"
E., 90.16 feet to a point on a curve having.a radius of 287.00
feet; thence along said curve to the left a distance of 156.93
feet to a point; thence N. 400 13' 17" E., 315.52.feet to a
point; thence.N. 78° 02' 49" E., 24.53 feet to a point on a curve
having a radius of 210.00 feet; thence along, said curve to the
left a distance of 94.83 feet to a point; thence.S. 901.00' 00"
E., 47.00 feet to a point; thence S. 00 00' 00" W., 290.00 feet
.to a point; thence S..901 00' 00" E., 393.52.feet to a point;
thence N. 71° 32' 39" E., 323.10,feet to a point; thence N. 00
00' 00" E., 334.01 feet back,to the point of beginning and
containing 65.67 acres, more or less.
SECTION 2.. The Owners and Developers.of the above described
C-4, Planned Commercial District property shall construct and
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develop the district in accordance with.the plat, also know as
the Master Plan, and the plans and specifications for said
development on file with the City Clerk. In particular, they
shall construct raised medians at allof the entranceways to the
shopping center development as shown on the attached.plat, and
shall.also prohibit and refrain from constructing any buildings
whatsoever between the ring -road and the proposed Silver Springs
Road on the East side of the C-4 District.. Furthermore, the
Owners and Developers shall construct the site's storm drainage
system.including specifically the retention basin according to
the plans and specifications.furnished to the City by the Owners
and Developers., and.on file with the City Clerk.
SECTION 3. The Owners and Developers are hereby granted a
variance with respect.to Section. 30-31(d).(2) of the Zoning Code
of the City of Cape Girardeau, Missouri. The Owners and Developers
shall provide a minimum parking ratio of 5.5 off-street parking
spaces per 1,000.square feet of gross leasable area.
SECTION 4. The Owners and Developers are hereby granted a
variance to Section 24-20(f)(4) of the Code of Ordinances of the
City of Cape Girardeau, Missouri, which specifies the maximum
allowable driveway .width at an.intersection with the curbline of
a public street. Specifically, the Owners and Developers are
allowed to construct the entrances.to the shopping center site in
accordance with the master plan.for..the West.Park Mall but in no
case larger than fifty -.four (54) feet in width from curb to curb
with thirty-five (35) foot radii.
SECTION 5. The City Council may allow minor modifications
to the plat and the plans and specifications for the West Park
Mall so long as the City Council's consent is obtained prior to
such modifications.
SECTION 6. The City Council hereby finds and declares that
the property described.in Section l hereof is at the present time
particularly suitable for the purposes and uses of a C-4, Planned
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Commercial District, and that such changes authorized hereby are
reasonable, and in reasonable conformity with the existing uses
and value of the immediately surrounding property.
SECTION 7. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS S DAY OFt4-24- 1979.
ATTEST:
Verna L. Landis,'City Clerk
Paul W. Stehr, Mayor
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