HomeMy WebLinkAboutOrd.4339.07-16-2012 i
BILL NO. 12-85 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SADI FOUNDATION, INC . , AND NEW CINGULAR
WIRELESS, PCS, FOR PURPOSES OF CONSTRUCTING,
MAINTAINING, AND OPERATING A TELECOMMUNICATION
TOWER AND EQUIPMENT BUILDING AT 755 SOUTH
KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, SADI Foundation, Inc. , is the owner of certain
property on which New Cingular Wireless, PCS, desires to construct,
maintain and operate a telecommunication tower and equipment
building, said telecommunication tower and equipment building being
located at 755 South Kingshighway in the City and County of Cape
Girardeau, Missouri; and
WHEREAS, the proposed location of said telecommunication tower
and equipment building is 755 South Kingshighway, Cape Girardeau,
Missouri, which property is presently zoned M-1, Light
Manufacturing/Industrial District; and
WHEREAS, a Special Use Permit is required for said use in a M-
1, Light Manufacturing/Industrial District; and
WHEREAS, Public Notice of such request was given as prescribed
in Chapter 30 of the Code of Ordinances of the City of Cape
Girardeau, Missouri, and public hearing was held on July 2, 2012 .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1. The City Council having duly considered the
application finds that the granting of the Special Use Permit will
not substantially increase traffic 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.
ARTICLE 2. A Special Use Permit for purposes of constructing,
maintaining, and operating a telecommunication tower and equipment
building on the following described property:
A tract of land in U. S . Private Survey 222, Township 30
North, Range 13 East, City of Cape Girardeau, Cape
Girardeau County, Missouri, and being more particularly
described as follows :
i
Commencing at an old iron rod at the northwesterly corner
of the land of Darrell W. Brown, et al . Trustees, as
recorded in Deed Book 363, page 257, Cape Girardeau
County Records . Said iron rod being on the northerly line
of said U. S . P. Survey 222 and on the southerly line of
Highway 74 , and bears south 82051' 00" east along said
southerly line 586. 02 feet from the northwesterly corner
of said U. S . P. Survey 222; thence continuing along said
southerly line south 820 51' 00" east 94 . 31 feet to an
iron rod (set) at the point of beginning of this
description; thence continuing along said southerly line
south 820 51' 00" east 60 . 00 feet to an iron rod (set) ;
thence leaving said southerly line and defining the lease
parcel herein described. South 070 09' 00" west 60 . 00
feet to an iron rod (set) ; thence north 82° 51' 00" west
60 . 00 feet to an iron rod (set) ; thence north 07 ° 09'
00" east 60 . 00 feet to the point of beginning of this
description and containing 3, 600 square feet, more or
less . Subject to all easements, conditions, and
restrictions of record, if any.
20 foot wide access and utility easement
A tract of land in U . S . Private Survey 222, Township 30
North, Range 13 East, City of Cape Girardeau, Cape
Girardeau County, Missouri, and being more particularly
described as follows :
Commencing at an old iron rod at the northwesterly corner
of the land of Darrell W. Brown, et al . Trustees, as
recorded in Deed Book 363, page 257, Cape Girardeau
.County Records, said iron rod being on the northerly line
of said U. S . P. Survey 222 and on the southerly line of
Highway 74 , and bears south 82° 51' 00" east along said
southerly line 586. 02 feet from the northwesterly corner
of said U. S . P. Survey 222; thence continuing along said
southerly line south 82° 51' 00" east 154 . 31 feet to an
iron rod (set) ; thence leaving said southerly line south
07° 09' 00" west 60 . 00 feet to an iron rod (set) ; thence
north 82° 51' 00" west 10 . 04 feet to the point of
beginning of this description; thence defining the
centerline of the herein described 20 foot wide access
and utility easement, being 10 feet on each side, south
02° 17' 20" west 99 . 14 feet; thence south 05° 34' 49"
west 115 . 29 feet; thence on a tangent curve to the left
having a radius of 20 . 00 feet, an arc distance of 32 . 53
feet; thence south 87° 37' 00" east 35 . 22 feet; thence on
a tangent curve to the left having a radius of 50 . 00
feet, an arc distance of 19. 49 feet to a point of reverse
curvature; thence on a tangent curve to the right having
a radius of 50 . 00 feet, an arc distance of 19 . 49 feet;
thence south 87° 37' 00" seconds east 186. 19 feet to the
westerly line of South Kingshighway, being the point of
ending of this description. Subject to all easements,
conditions and restrictions of record, if any.
is hereby granted to SADI Foundation, Inc. , and New Cingular
Wireless, PCS, 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
specifically excepted under this permit, and all other applicable
ordinances of the City of Cape Girardeau, Missouri, and any special
conditions contained in the Special Use Permit, a copy of which is
attached hereto as Exhibit "A" , 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 Cape
Girardeau, Missouri .
ARTICLE 3. Attached hereto as Exhibit "B" and incorporated
herein by reference is the formal Findings and Conclusions of the
City Council .
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS 16 VA DAY OF , 20-1,R.
.."A/a .1k 0,
Harry E. ediger, Mayor
ATTEST:
Gayle Conrad
City gerk +
SPECIAL USE PERMIT
SADI Foundation, Inc. and New Cingular Wireless, PCS, are
hereby granted a Special Use Permit for the purpose of
constructing, maintaining, and operating a telecommunication tower
and equipment building located at 755 South Kingshighway, in the
City and County of Cape Girardeau, Missouri, on the following
described property for an indefinite period of time :
A tract of land in U. S . Private Survey 222, Township 30
North, Range 13 East, City of Cape Girardeau, Cape
Girardeau County, Missouri, and being more particularly
described as follows :
Commencing at an old iron rod at the northwesterly corner
of the land of Darrell W. Brown, et al . Trustees, as
recorded in Deed Book 363, page 257, Cape Girardeau
County Records. Said iron rod being on the northerly line
of said U . S . P. Survey 222 and on the southerly line of
Highway 74, and bears south 82°51' 00" east along said
southerly line 586. 02 feet from the northwesterly corner
of said U . S . P. Survey 222; thence continuing along said
southerly line south 82° 51' 00" east 94 . 31 feet to an
iron rod (set) at the point of beginning of this
description; thence continuing along said southerly line
south 82° 51' 00" east 60 . 00 feet to an iron rod (set) ;
thence leaving said southerly line and defining the lease
parcel herein described. South 070 09' 00" west 60 . 00
feet to an iron rod (set) ; thence north 82° 51' 00" west
60 . 00 feet to an iron rod (set) ; thence north 07° 09'
00" east 60 . 00 feet to the point of beginning of this
description and containing 3, 600 square feet, more or
less . Subject to all easements, conditions, and
restrictions of record, if any.
20 foot wide access and utility easement
A tract of land in U. S . Private Survey 222, Township 30
North, Range 13 East, City of Cape Girardeau, Cape
Girardeau County, Missouri, and being more particularly
described as follows :
Commencing at an old iron rod at the northwesterly corner
of the land of Darrell W. Brown, et al . Trustees, as
recorded in Deed Book 363, page 257, Cape Girardeau
County Records, said iron rod being on the northerly line
of said U . S . P. Survey 222 and on the southerly line of
Highway 74 , and bears south 82° 51' 00" east along said
southerly line 586. 02 feet from the northwesterly corner
EXHIBIT A
of said U. S . P. Survey 222; thence continuing along said
southerly line south 820 51' 00" east 154 . 31 feet to an
iron rod (set) ; thence leaving said southerly line south
07° 09' 00" west 60 . 00 feet to an iron rod (set) ; thence
north 820 51' 00" west 10 . 04 feet to the point of
beginning of this description; thence defining the
centerline of the herein described 20 foot wide access
and utility easement, being 10 feet on each side, south
020 17' 20" west 99 . 14 feet; thence south 05° 34' 49"
west 115 . 29 feet; thence on a tangent curve to the left
having a radius of 20 . 00 feet, an arc distance of 32 . 53
feet; thence south 870 37' 00" east 35. 22 feet; thence on
a tangent curve to the left having a radius of 50 . 00
feet, an arc distance of 19. 49 feet to a point of reverse
curvature; thence on a tangent curve to the right having
a radius of 50 . 00 feet, an arc distance of 19 . 49 feet;
thence south 870 37' 00" seconds east 186. 19 feet to the
westerly line of South Kingshighway, being the point of
ending of this description. Subject to all easements,
conditions and restrictions of record, if any.
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 and the City of Cape Girardeau shall have
the right to enter upon the land to abate such special use .
SPECIAL CONDITIONS:
1 . The entire facility comprising the special use shall be
fenced in accordance with the Development Code .
2 . If the telecommunication tower is used as a flagpole, it
shall be lighted when displaying a flag during non-
daylight hours .
3 . The special use shall meet all applicable requirements of
the Zoning Ordinance and the Development Code . The
special use shall be subject to Section 30-404 (a) (7) of
the Zoning Ordinance pertaining to telecommunication
facilities that are no longer in use .
4 . Substantial modifications to the special use shall
require the approval of the City Council .
EXHIBIT A
I
5 . This permit is not transferable without the consent of
the City Council .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
2012 .
Scott Meyer
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of 2012, before me appeared
Scott Meyer, to me personally known, who, being by me duly sworn,
did say that he is the City Manager of the City of Cape Girardeau,
Missouri, a Municipal 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 TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the day
and year first above written.
Shonda Voelker, Notary Public
My Commission Expires :
February 23, 2016
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of , 2012, the Cape Girardeau City Council
considered the application for Special Use Permit dated May 15, 2012
filed by SADI Foundation, Inc. and New Cingular Wireless, PCS, for the property
located at 755 South Kingshighway, Cape Girardeau, Missouri for the purpose of
constructing, maintaining and operating a telecommunication tower and equipment
building.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
City Council Findings:
The Proposed Special Use Permit, With
The Stated Conditions, Would:
1. Substantially increase traffic hazards or congestion X
2. Substantially increase fire hazards X
3. Adversely affect the character of the neighborhood; X
or in respect to special use permits for dwelling
purposes where required, be adversely affected by
the character of the neighborhood.
4 . Adversely affect the general welfare of the community X
5. Overtax public utilities. X
6. Be in conflict with the comprehensive city plan X
The comments, testimony, evidence, exhibits, and all other matters presented at
the required public hearing are incorporated herein by reference.
Following consideration of the application, the requirements of Section 30-401
and other relevant provisions of the City Code, testimony, exhibits and file
contents, the City Council duly deliberated the facts pertaining to the proposal
and issued the following conclusion:
THE APPLICATION IS:
Approved
Denied
X Approved with conditions specified on attached Special Use Permit
CITY OF CAPE GIRARDEAU, MISSOURI
(SEAL)
ATTEST: Mayor
City Clerk
EXHIBIT B