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HomeMy WebLinkAboutCityMgrForm.727.11-01-1972 ; — y � � • a • . , CITY �.KANAGER FORM ORDINANCE NO. 'I�" ,�I AN ORDINANCE GR.ANTING A 5PECIAL USE PERMIT TO LARRY L. HAERTLING FOR THE PURPOSES OF CON5TRUCTING, NIAINTAINING AND OPERATING AN APARTMENT COMPLEX, TO BE LOCATED ON A PART OF OUT LOT 82, U. S. PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF GAPE GIRA.RDEAU, MISSOURI WHEREA5, Larry L. Haertling is the owner of certain property in the City of Cape Girardeau, Missouri, on which he desires to construct, operate and maintain a nineteen (19) building apartment complex housing eighty-five (85) units , and related activities; and WHEREAS, the proposed location of ths said apartment complex is West of East Rodney Drive across from Arena Park in the City of Cape Girardeau which said property is presently zoned C-l; and WHEREAS, the Zoning Code of the City of Cape Girardeau requires that a 5pecial Use Permit be granted for a residential use in a commercial zone: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOT�15: 5ECTION 1. The City Council, having duly considered the application finds that the granting of the 5pecial Use Permit will not substantially increase traffie 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 the purpose of constructing, maintaining and operating an apartmerit complex and related activities in Cape Girardeau, Missouri, on the following described property: Part of Outlot No. 82, U.S . Private 5urvey No. 2199 , Township 30 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as followsz Begin at the southeast corner of Lot 2 , Block 7, Crites Third Addition, on the west line of East Rodney Drive; thence South l° 51 ' West, with said t �. � ' • . . west line, 630 .0 feet to the northeast corner of Lot 21, Crites First Addition; thence North 73° 04 ' West, with the north line of Crites First Addition, $2. 7 feet; thence with a curve to the left having a radius of 3,135 .0 feet and on the north line of Crites First Addition, 567. 14 feet to the corner common to Lots 15 and 16, Crites First Addition; thence northerly on the extension of the line dividing said Lots 15 and 16, 255. 0 feet; thence northerly, 240. 0 feet more or less, to a point on the south line of Crites Third Addition, 25.0 feet west of the southeast corner of Lot 10, Block 5, Crites Third Addition; thence with the following courses and distances along the south line of Crites Third Addition, North 89° 56 ' East, 25 .� feet; thence North l° 51' East, 20. 0 feet; thence 5outh 88° 09 ' East, 580 . 0 feet to the point of beginning. is hereby granted to Larry L. Haertling, to be effective ten 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 wh'ich the use is located except those which have been speCifically ex.cepted under this permit, 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, marked "Exhibit A" and incorporated herein by reference. The Mayor is hereby given the power to execute the 5pecial Use Permit for and on behalf of the City of Cape Girardeau, Missouri. 5ECTION 3. Th'is ordinance shall be in full force and effect ten days after its passage and approval. PAS5ED AND APPROVED THI5 � DAY OF ,�„�, 1972 . ,/�.�;-���.:��. �., :���.��, MAYOR ATTEST: ���y � � . City Clerk - 2 - . ,w f ' . . SPECIAL USE �'ERMIT Larry L. Haertlin� is hereby grantec� a Special Use �ermit for the pur�ose of constructinc�, maintaining and operatinq an a�art?�ent c�mplex and related activities in the �'ity of Cape Girardeau, ?�Iissouri, on �he �allowing described property for an inde��nite period; �art of �utlot No. 82 , U.� . Private Survey No. 7199 , `�'ownship 30 North, 2ange 13 Fast, Citv ana �ounty of Cape Girardeau, �'cate of T��Iissouri ,, desr_ri'�ed. as folloTas � �3egin at the southeast corn�r of Lot 2p Block 7, Crites mhird F��dition, on t':ze �.>>est line o.f East �`:odn�_�� Dri�re ; tnence South 1° 51 ° T��est, wit'� saic s•rest line, 63f). 0 fe�t to the northeast cor_ner of Lot 21 , �rites �irst ydd�_tion� t��ence �dorth 73° 04 ° T°?est, �•aith the nortn line of Crites First �d�ition, 8? . 7 feet; then.ce Lti�ltil a c�arv� to the left havina a rad�us of 3�135 . � �eet and on the north line o� Crites Fzrst ?�dctition, 567 . 14 feet t� the corner common to Lots i5 and 15, Crites Fi�:st A�JditionP thence northerl�� on the extensic�n o£ the line dividiner said Lots 15 and l� , 255 .0 Leet,� thence norti�erly, 240 .0 feet more or less, �o a point an the south line of Crites Third �ddition, 25 .Q -`eet west of the southeast corner of Lat 10 , Block 5, Crites Third Add�_tion; tnence ���ith t?z� `ollo���ing cour�es and distan�e� alonr t'ne south 1.ine of Crites ^hir� Ad�?�_tion, ;��orth 39° 56 ' E�.st, 25 .0 feet; tl_lence T�7ortiz 1° 51 ° '�ast, 20 .� feetY then�e Soutr� 88° 09 ° East, 58C ,0 �eet to tl�� �o,�nt of beginnin�. The S�eci�l �Jse Permit is aranted �apon the condition that the .Appli cant be bound �y alJ_ City Ordinan�es u�hich pertain to the S�eci�l Use Permit and that the Applicant �e bounc� ay the follo���inq conditions sanich are 1r1;�OS2C� as a r.ondition af iss�aance o� 4his S�ecial Us,� Per_mit. Upon the failure to the Apnlicant to comply ;aith these s?�ecial conditions , the Special Use Permit �aill auto�.�. atzcal?y terminate v�ith the riaht of the City of Ca�e Girardeau to enter unon the land to aba4e such special us� . SP.e CIAL CO£dDITIONS m l. Use is r�stricted. to apartment com;�lex and related activities . 2 . Desi�n and construction, improvements and develonment are permitted only as shown on the EXHIBIT� `A~ __ ___ _ _ � �ee�nA�r■R�i eaoi u�ni ai�� i � . , ` + f - s 2 ._ S�ecial Use Permit plot plan dated Septertber 1, 1972, showing nineteen (19 ) buildings housing eightv-five (85) apartments, �ahich plot plan is designated "Exhibit B" , is attached hereto, and made a part hereof. 3 . P10 commercial uses of any kind shall be permitted within tlze above describec� area. 4 . All streets shall be paved to at least twerit_y-six (26) feet in width with curbs . 5 . Parking will be prohibited on the streets designated on the plot plan attached as °'Exhibit B" . 6 . The streets designated on the plot plan shall remain private streets with repairs and maintenance to �e provided by Larry L. Haertling; providec�, however, said streets shall not be closed or barricaded but shall remain open for the through passage of vehicular traffic. This Special Use Fermit shall be binding upon the successors and assigns of Larry L. Haertling. IN WITNE55 `nTHEREOF, the r�ayor of the City of Cape Girardeau affixes his sianature this � day of , 1972 . �1��-u� � ��� r,��.YOZ ATTE5T: ��'��_ � CITY CL �RIr _ _ _ _ � � . r . . � ! . • • • - 3 - Snecial Us� Permit STATF OF MISSOU.�I ) ) ss . COUNTY OF �APF GIRAP.DEAU ) On this day o.f , 1972, before me personally appeared HOWARD C. TOOKE, to me personally known, who, being by me duly s�aorn, did say that he is the Mayor of the City of Cape Girardeauo a municipal corporation of the State of ��Iissouri, and that the seal af.fixed to the foregoing instrument is the seal of the said City and that the said. instrument i�ras signed and sealed in behalf of said City by authority of its City Council and acknowledc�ed said instrument to be the free act and deed of said �ity. IP�' TESTT_M011Y 'v�HER�'OF, I have hereunto set my hand and affixed my official seal, at rny office in Cape Girardeau, rlissouri , the day an3 year iirst above written. �elores G. Sni�.er, Notary Pu�lic My Commission Expires: October 8, 1976 .