HomeMy WebLinkAboutOrd.5700.11-20-2023BILL NO. 23-167
ORDINANCE NO. 5
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF PROPERTY
LOCATED AT 406 BERTLING STREET, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM
R-1 TO R-3
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from R-1, Single -Family Suburban Residential
District, to R-3, High Density Single -Family Residential
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 a public hearing was held on
Monday, November 6, 2023; and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 of this ordinance from R-1, Single -Family Suburban
Residential District, to R-3, High Density Single -Family
Residential District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to change
the zoning from the present R-1, Single -Family Suburban
Residential District, to R-3, High Density Single -Family
Residential District, for the following described property:
406 Bertlinq Street
A Tract of Land as recorded in Document Number 2005-15330
PT SUR 30911 .18 acres, Section 29, Township 31 North, Range
14 East of the Fifth Principal Meridian, City and County of
Cape Girardeau, State of Missouri, Parcel #16-712-00-05-
01300, more fully described in Book 500, Page 667 in the
recorder's office.
Further described as: A tract of land situated in Survey
3091, Township 31 North, Range 14 East, City and County of
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Cape Girardeau, Missouri, containing 0.174 acres (more or
less) subject to that part being in the north right-of-way
of Bertling Street, described as follows:
Commence at the intersection of the west right-of-way line
of Big Bend Road and the south line of Survey 3091, and go
thence North 82000'West along said South line, 177.56 feet
for the point of beginning, thence continue North 82°00'
West along said south line, 86.44 feet; thence North 0016'
West 87.54 feet; thence South 82040'East, 86.72 feet; thence
south 88.5 feet to the point of beginning. Except any part
thereof lying in Bertling Street right-of-way.
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A Tract of Land as recorded in Document Number 2019-08296
A tract of land part of U. S. Survey No. 3091, in
Township 31 North, Range 14 East of the Fifth Principal
Meridian, City and County of Cape Girardeau, State of
Missouri, described by metes and bounds as follows: From
an iron pin at the northeast corner of the original
Barney Hodge tract of land containing two acres more or
less which point bears south 22 degrees west 439.7 feet
from a stone at the northwest corner of the McLeary
Tract; run south 6 degrees east along the west side of
Big Bend Road 240 feet for a point of beginning; thence
north 82 1/4° W. 276.72 feet more or less, to a point on
the west line of the Barney Hodge tract; thence South
1/2° E. with said west line 87.54 feet more or less to
the south line of Survey No. 3091 thence south 82 1/4° E.
along said south line of Survey No. 3091, 286.44 feet to
the west line of Big Bend Road; thence north 6° W., along
said West line of Big Bend Road 90 feet more or less to
the point of beginning except that part deeded to John F.
Kester as shown by deed recorded in Book 133 at page 209.
ARTICLE 2. The City Council hereby finds and declares that
the property described in Article 1 of this ordinance is at the
present time particularly suitable for the purposes and uses of
the R-3, High Density Single -Family Residential District, and
that such changes authorized hereby are reasonable and in
reasonable conformity with the existing uses and value of the
immediately surrounding properties.
ARTICLE 3. This ordinance shall be in full force and
effect ten days after its passage and approval.
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PASSED AND APPROVED THIS ,° % DAY OF2023.
StacyKi e ayor
ATTEST:
Gayl: L. Conrad, City Clerk