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HomeMy WebLinkAboutOrd.5863.2025-09-15BILL NO. 25-95 ORDINANCE NO. 503 3 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF CERTAIN PROPERTIES IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, TO CBD, CENTRAL BUSINESS DISTRICT WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 and Article 2 of this ordinance from R-3, High Density Single - Family Residential District, and C-1, General Commercial District, to CBD, Central Business 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 Tuesday, September 2, 2025; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri has elected to rezone the property described in Article 1 and Article 2 of this ordinance from R-3, High Density Single -Family Residential District, and C-1, General Commercial District, to CBD, Central Business 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-3, High Density Single -Family Residential District, to CBD, Central Business District, for the following described property: All of the West 100 feet of Lot One hundred and Thirty-seven (137) in Range "R" in McLean's Addition to the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street. Also, Lot No. One hundred and Thirty -Eight (138) in Range "R" in McLean's Addition in the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street by a depth of 180 feet to an alley. Also, 1 All of the east 80 feet of Lots 136 and 137 of Moses McLean's Addition, Range "R", City of Cape Girardeau, Missouri, described as follows: Beginning at the northeast corner of Lot One Hundred Thirty-seven (137); thence south, along the east line of Lots One Hundred Thirty-seven (137) and One hundred Thirty-six (136), 100.00 feet to the southeast corner of Lot Hundred Thirty-six (136); thence West, along the south line of Lot One Hundred Thirty-six (136), 80.0 feet for a corner; thence North, across Lots One Hundred Thirty-six (136) and One Hundred Thirty-seven (137), parallel with the east line of Ellis Street, 100.0 feet for a corner in the north line of Lot One hundred Thirty-seven (137); thence east, along said north line, 80.0 feet to the Point of Beginning. The above being the east eighty (80) feet of Lot One Hundred Thirty-six (136), (see deed recorded in Book 157 at Page 304) and the south 12.5 feet of the east eighty (80) feet of Lot One hundred Thirty-seven (137) conveyed by deed recorded in Book 217 at Page 425; also, the north 37.5 feet of the east 80.0 feet of Lot One Hundred Thirty-seven (137) conveyed in deed recorded in Book 244 at Page 141.) LESS AND EXCEPT that part conveyed to the Missouri Highway and Transportation Commission by General Warranty Deed recorded July 15, 1993 in Book 643 at Page 240, land records of Cape Girardeau County, Missouri. Also, All of Lot One Hundred Thirty -Nine (139) in Range "R" of Moses McLain's Addition to the City of Cape Girardeau, Missouri. ARTICLE 2. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present C-1, General Commercial District, to CBD, Central Business District, for the following described property: A part of Lots 132, 133, 134, and 135 of Moses McLeans Addition to the City of Cape Girardeau, City and County of Cape Girardeau, State of Missouri being more particularly described as follows: Beginning at a 1/2" iron pin (found) at the northwest corner of Lot 132 of said subdivision; Thence South 2 06°09'25" West, 180.78 feet along the west lines of Lots 132, 133, 134, and 135 to a 1/2" iron pin (set) on the northerly right of way line of Missouri State Route 74; Thence South 84059101" East, 77.05 feet along said northerly right of way line to a right of way marker (found); Thence North 56024124" East, 115.19 feet to a right of way marker (found) on the west right of way line of Sprigg Street; Thence along said west right of way line North 06008'03" East, 104.66 feet to a 1/2" iron pin (found) on the north line of Lot 132; Thence North 83°31'21" West, 165.54 feet along said north line to the point of beginning, containing 0.61 acres, more or less. ARTICLE 3. The City Council hereby finds and declares that the property described in Article 1 and Article 2 of this ordinance is at the present time particularly suitable for the purposes and uses of the CBD, Central Business 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 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ATTEST: -&OPA" Gay L. Conrad, City Clerk I5 DAY OF �,Q�� . 2025. 3 Stacy Ki d r, ayor Rezoning Request 538 & 542 South Ellis Street 549 South Sprigg Street Requested rezoning from R-3 (High Density Single-family Residential District) and C-1 (General Commercia District) to CBD (Central Business District) ; 03 Future Land Use Recommendation: Low Density Residential and Urban Mixed Use R3 513 R4 CBD 507 R3 157 CBD 511 R3 517 518 CBD •515 CO — R3 525 R3 520 CBD 517 h E+ 525 r R3 529 522 CBD • _ 522 • �------ _ __ r R3• r. �ry R3 •533 A CBD 53 536 3536 — -------_ R3• R3 539 � CBD � f4 • - 538 • _ R3 L Q t CO) 541 • x U 542 • R3 R3 •545 / R3 C1 549 e St Co ga �, 550 " R3• r s_ Legend Shawnee P s Property to be Rezoned ` Zoning District CITYO CAPE E C1 ^ly'"` G I R A R D E A U S 9 #• :a,.. `�~fir CBD Created by: Community Development • 604 R3 July 31, 2025 R3 io CBD R4 R3