Cape City Council reviews rewrite of restrictive covenants on Broadview

A plan to build a new skilled nursing facility in Cape Girardeau cleared one of the final hurdles Monday when city officials revised development restrictions in an effort to attract the company. The Cape Girardeau City Council approved new restrictive covenants for businesses along Broadview Street between William Street and Bloomfield Road, replacing previous regulations that were implemented in the 1980s when K's Merchandise and Central Hardware were developed.

"It was something that has been going on for over a year," said Mayor Harry Rediger. "I think this was one of the final pieces that they wanted to get done."

The new agreement must be signed by all property owners and council action was required because the city government owns property within the area used as a stormwater detention basin. Nearly all property owners have already signed the new covenants.

In April, Life Care Centers of America, based in Cleveland, Tenn., asked the city to subdivide a vacant tract of land in this area owned by DKR Properties LLC into three lots. The company, operating as Broadview Medical Investors LLC, intends to put a 120-bed skilled nursing facility on the largest lot, a 16.43-acre site. This new facility will replace the company's existing 120-bed location at 2852 Independence St. in Cape Girardeau, according to a company spokeswoman who said the new building will help them provide more care for community members.

The land for the new center is under contract, but the company has not yet closed on the property, said Leigh Michels, a Life Care Centers spokeswoman.

Life Care Centers is a nationwide health care company with 220 nursing, post-acute care and Alzheimer's centers in 28 states.

Assistant city manager Ken Eftink said the company's purchase of the property is contingent on finalizing the new restrictive covenants, which clarify easements, eliminate common areas, and also limit the types of businesses that may locate there. The restrictions currently in place don't specifically prohibit a skilled nursing facility, but the document's previous restrictions needed to be modified to make new development possible, Eftink said.

When the property was first developed plans called for one large strip center, but when that didn't happen, individual parcels were sold off to various businesses now there, making many of the covenant's provisions no longer applicable, Eftink said.

"They no longer fit the situation we had there," Eftink said. "Originally there were a lot of common areas maintained together and easements for access that are no longer needed because the lots all have frontage on Broadview."

Broadview business owner Jim Maurer of Regent's Parc LLC, which owns the City Centre development, said he is supportive of the new covenants, which are less restrictive than what was previously in place.

The covenants still prohibit the development of businesses whose primary revenue source is alcohol. They also don't allow tattoo and body piercing businesses, the sale of pornographic material, off-track betting, drug paraphernalia, medical marijuana, strip clubs or junk yards.

The covenants in the Broadview area have caused problems for at least one business in the past. Previously the covenants prohibited businesses with video games and pool tables, something the developer of a family amusement center called the Fun Factory was unaware of when it leased space at 301 S. Broadview St. more than 10 years ago. After a legal battle with K's Merchandise, claiming the business was in violation of the covenants, the Fun Factory closed in 2001.

The city council is scheduled to give final approval to the covenants at its July 5 meeting.

Southeast Missourian reporter Scott Moyers contributed to this report.

mmiller@semissourian.com

388-3646

Pertinent address:

Broadview Street and William Street, Cape Girardeau, MO