HomeMy WebLinkAboutOrd.362.08-18-1986 � BILL N0. 86-124 ORDINANCE N0. �
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO JAMES ARNZEN CONSTRUCTION CO. , FOR A
COMMUNITY UNIT PLAN TO CONSTRUCT
MULTI-FAMILY HOUSING ON PART OF OUTLOT 82 ,
U. S. PRIVATE SURVEY 2199 , TOWNSHIP 30
NORTH, RANGE 13 EAST
WHEREAS, James Arnzen Construction Co , is the owner of
certain property in the City of Cape Girardeau , for which it
desires to receive approval of a community unit plan; and
WHEREAS, the proposed location of said community unit plan
is part of Outlot 82 , U. S . Private Survey 2199 , Township 30
North , Range 13 East, which property is presently zoned C-2 ,
General Commercial District ; and
WHEREAS, a Special Use Permit is required for a community
unit plan;
P70W, 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 subs�antially increase traffic hazards , congestion ,
fire hazards or advers�ly 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 a community unit plan ,
a copy of which is attached to this ordinance and made a part
hereof , on the following described property:
Part of Outlot 82 , U. S . Private Survey 2199 , Township
30 North , Range 13 East , City and County of Cape
Girardeau, State of Missouri , described as follows :
Begin at the Northeast Corner of Crites lst Addition ,
, on the west line of East Rodney Drive; thence North
73° 04 ' West , with the north line of Crites lst
Addition , 82 .7 feet to the point of a curve to the
left having a radius of 3135 feet; thence continue
westerly with said north line and with said curve to
the left , 363 . 89 feet to a point which is 11 . 85 feet
west of and measured along said curve from the
northeast corner of Lot 17 , of said Crites lst
�.
Addition; thence North 10° 52 ' East, 131 . 6 feet to the
southwest corner of the "La Mesa Condomi��iums" ; thence
South 79° 08 ' East, with the south line of said "La
Mesa Condominiums" and said line extended , 185 . 0 feet ; ,_�
thence South 88° 09 ' East , 82 . 51 feet; thence North 1°
51 ' East , 13 . 24 feet; thence South 88° 09 ' East, 150 . 0
feet to a point in the west line of East Rodney Drive,
which point bears South 1° 51 ' West, along said west
line, 115 . 0 feet from the southeast corner of the "La
Mesa Condominiums" ; thence South 1° 51 ' West, with
said west line, 209 . 84 feet to the point of beginning
and containing 1 . 534 acres .
is hereby granted to James Arnzen Construction Co . , 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
� ��cifically excepted under this permit, and all other
a �}licable 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
C�_-e 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 � �
1986 . t
Francis E. Rhodes , Mayor
ATTEST:
. .
A in M . Stoverink , City Clerk
�
��' '� �t�!J •�; �.�^-
�, SPECIAL USE PERMIT
James Arnzen Construction Co, is hereby granted a Special
Use Permit for a community unit plan to construct, maintain and
operate multi-family housing, on the following described
property for an indefinite period of time:
Part of Outlot 82 , U. S . Private Survey 2199 , Township
30 North, Range 13 East, City and County of Cape
Girardeau, State of Missouri , described as follows:
Begin at the rlortheast Corner of Crites lst Addition,
on the west line of East Rodney Drive; thence North
73° 04 ' West, with the north line of Crites lst
Addition, 82 , 7 feet to the point of a curve to the
left having a radius of 3135 feet; thence continue
westerly with said north line and with said curve to
the left, 363 . 89 feet to a point which is 11 . 85 feet
west of and measured along said curve from the
northeast corner of Lot 17 , of said Crites lst
Addition; thence North 10° 52 ' East , 131 . 6 feet to the
southwest corner of the "La Mesa Condominiums" ; thence
South 79° 08 ' East , with the south line of said "La
Mesa Condominiums " and said line extended, 185 . 0 feet;
thence South 88° 09 ' East, 82 . 51 feet; thence North 1°
51 ' East , 13 . 24 feet ; thence South 88° 09 ' East, 150 . 0
,,�-� feet to a point in the west line of East Rodney Drive,
which point bears South 1° 51 ' West, along said west
line, 115 .0 feet from the southeast corner of the "La
Mesa Condominiums" ; thence South 1° 51 ' West, with
said west line, 209 . 84 feet to the point of beginning
and containing 1 . 534 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 CONDITIOrIS:
1 . Additions or modifications from the original community
unit plan must be processed in the same manner as a
special use permit .
2 . Special use shall meet all zoning regulations .
3 . Applicant shall maintain painted stripes to indicate
1^ no parking on the turnaround and dumpster areas shown
on the community unit plan .
�i��'.i�. ��,+y� j���.;� �i Y.�
� IN WITNESS WHEREOF, the City Manager of the City of. Cape
Girardes�,u, Missouri , affixes his signature this � day
c�f..: , 1986 .
. . I `—C .
,�. �.�
' Gary A. E de, City Manager
� }' :.ATTEST `
,�, '.
.r' � : .
,
5. � �
��'.
AlV;in; M :;.S,toverin , City Clerk
•,�
" STATE OF�,��IISSOURI )
r, ) s s .
COUNTY` OF CAPE GIRARDEAU )
On this � %� day of �G (,��I�' , 198 � , before me
appeared Gary A. Eide, to me pe sonally known, who, being by me
duly sworn, did say that t�e is the City ��anager of the City of
Cape Girardeau, Missouri , a P9unicipal 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 TESTZMONY WHEREOF, I have hereunto set my hand and
af£ixed ;my official seal , at my office in Cape Girardeau,
Mis,sou.r,�,�,, the day and year first above written.
� _,J��� ,� /�����
, � _ ' ' Delores G. Needham, No� Public
. ; - � ' My Commission Expires:
� october' 8, , 1988
G•.� ' ,�-_: ,. _.. ,
,, . ;.
-�,�,..:'-_.•--- _ _...,_.
�1 ���'�, STATE OF MISSOURI SS In the Recorder's Office
� ���� County of Capc Girardeau, �
t
�� � I, JANET ROBERT, Recorder of Said County, do hereby certify that the within instrument of
�� f;. �
� t�.
� � � ; writing was, at 8 o'clock and 20 minutes A 111., on the
CJ �. �°
�� �� 3rd day of September � A. D., 19 86 duly filed for record in
�''�` my office,and is recorded in the records of this office, in book 452 at page O1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m fficial seal at
Jackson,Mo., the date first above written.
By ,Deputy Recorder
JANET OBERT