HomeMy WebLinkAboutOrd.421.01-19-1987 BILL N0. 87-6 ORDINANCE N0 . �
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SOUTHEAST GOLF, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPFRATING A SPORTS CENTER AT
190Q NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Southeast Golf is the owner of certain property in
the City of Cape Girardeau , on which it desires to construct ,
maintain and operate a sports center ; and
WHEREAS, the proposed location of said sports center is 1900
North Kingshighway, which property is presently zoned C-2 , General
Commercial District ; and
WHEREAS, a Special Use Permit is required for said 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 caill
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 constructing ,
maintaining and operating a sports center , on tt�e following
described property:
TRACT I :
A tract of land in the Northeast Quarter of the Northwest
quarter of Section Twenty-Six ( 26 ) , Township Thirty-One
( 31 ) North , Range Thirteen ( 13 ) East described as
follows, to-wit : Begin at the northwest corner of the
Northeast Quarter of the Northwest Quarter of Section 26 ,
Township 31 North , Range 13 East; thence S . 89° 45 ' E . ,
with the North line of said Section 26 , six hundred
ninety-five and five tenths ( 695 .5 ) feet for a beginning
corner of the tract herein described; thence continue S.
89° 45 ' E. with the north line of said Section 26 , 107
feet ; thence S. 0° 30 ' W, parallel to the West line of
the said Northeast Quarter of the Northwest Quarter of
said Section 26 , 1262 . 2 feet to the northeast
right-of-way line of U. S. Route 61 ; thence N . 54° 27 ' 6�.
with said Northeast right-of-way line 130 . 6 feet; thence
N. 0° 30 ' E . 1186 . 6 feet to the beginning corner ,
containing three ( 3 ) acres .
TRACT II
That part of the East half of the Northwest quarter and
the West half of the Northeast quarter of Section 26 ,
Township 31 North , Range 13 , East of the fifth Principal
Meridian, described as follows: Commence at the
Northwest corner of said East half of the Northwest
quarter ; thence Easterly along the section line , 802 .5
feet to a 1/2 inch iron rod for a place of beginning;
thence continue along said section line, 462 . 29 feet to
the center of Cape LaCroix Creek ; thence along said creek
with the following meanders : South 15° 13 ' 45" East
315 .86 feet and South 38° 15 ' 16" East 294 . 20 feet;
thence South 22° 18 ' 36" Fast 46 .23 feet; thence South 2°
37 ' 30" West 90 feet to a 1/2 inch iron rod on the South
edge of the creek bank ; thence South 67° 28 ' 18" West
784 .94 feet ; thence North 1° 5 ' S8" West 955 . 19 feet to
the place of beginning in the City of Cape Girardeau ,
Cape Girardeau County, Missouri containing 11 . 50 acres .
is hereby granted to Southeast Golf , 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 , 1987 .
Francis E . Rhodes , Mayor
ATTEST:
. �
A vin M. Stoverin , City C er
SPECIAL USE PERr9IT
Southeast Golf is hereby granteci a Special Use Permit Eor
purposes of constructing , maintaining and operating a sports
center , on the following described property for an indefinite
period of time :
TRACT I :
A tract of land in the Northeast Quarter of tl�e Northwest
Quarter of Section Twenty-Six ( 26 ) , Township Tt�irty-One
( 31 ) North , Range Thirteen ( 13 ) East described as
follows , to-wit: Begin at the northwest corner of_ the
Northeast Quarter of the Northwest Quarter of Section 26 ,
Township 31 North , Range 13 East; thence S . 89° 45 ' E . ,
with the North line of said Section 26 , six hundred
ninety-five and five tenths ( 695 . 5 ) feet for a beginning
corner of the tract herein described; thence continue S .
89° 45 ' E . with the north line of said Section 2G , 107
feet; thence S . 0° 30 ' 6�1. parallel to the West line of
the said Northeast Quarter of the Northwest Quarter of
said Section 2G , 1262 , 2 feet to the northeast
right-of-way line of U . S . Route 61 ; thence N . 54° 27 ' W.
with said Northeast right-of-way line 130 . 6 feet ; thence
N . 0° 30 ' E . 1186 . 6 feet to the beginning corner ,
containing three ( 3 ) acres .
TRACT II
That part of the East half of the Northwest quarter and
the West half of the Northeast quarter o£ Section 26 ,
Township 31 North , Range 13 , East of the fifth Principal
Meridian, described as follows: Commence at the
Northwest corner of said East half of the Northwest
quarter ; thence Easterly along the section line , 802 .5
feet to a 1/2 inch iron rod for a place of beginning;
thence continue along said section line, 462 . 29 feet to
the center of Cape LaCroix Creek ; thence along said creek
with the following meanders : South 15° 13 ' 45" East
315 . 86 feet and South 38° 15 ' 16" East 294 . 20 feet;
thence South 22° 18 ' 36" East 46 . 23 feet; thence South 2°
37 ' 30" West 90 feet to a 1/2 inch iron rod on the South
edge of the creek bank ; thence South 67° 28 ' 18" West
784 . 94 feet ; thence North 1° 5 ' 58" West 955 . 19 feet to
the place of beginning in the City of Cape Girardeau ,
Cape Girardeau County, Missouri containing 11 . 50 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 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 .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau , Missouri , affixes his signature this day
of , 1987 .
Gary A . Eide , City Manager
ATTEST:
A vin M. Stoverink , City C er
STATE OF ��II SSOURI )
) ss
COUNTY OF CAPE GIRARDEAiJ )
On this day of , 19B , before me
appeared Gary A. Eide, to me persona y known, w o 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
P9issouri , 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 .
De ores G . Needham, Notary Public
My Commission Expires:
October 8 , 1988