HomeMy WebLinkAboutOrd.3987.12-15-2008 I Q
BILL NO. 08-189 ORDINANCE NO. 0
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
THE CITY OF CAPE GIRARDEAU AND VELOSITY
ELECTRONICS FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING A TELECOMMUNICATIONS
TOWER WITH AN EQUIPMENT BUILDING AND SECURITY
FENCE AT NORTH COUNTY PARK, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, the City of Cape Girardeau is the owner of certain
property on which Velosity Electronics and the City of Cape
Girardeau desire to construct, maintain and operate a
telecommunications tower with an equipment building and security
fence, at the North County Park Water Tank property, in the City
and County of Cape Girardeau, Missouri ; and
WHEREAS, the proposed location of said facility is located at
North County Park, in the City and County of Cape Girardeau,
Missouri, which property is presently zoned R-1, Single-Family
Dwelling District; and
WHEREAS, a Special Use Permit is required for said use in an
R-1, Single-Family Dwelling District; and
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 to construct, maintain and
operate a telecommunications tower with an equipment building and
security fence on the water tank property located at North County
Park, on the following described property:
North County Park Reservoir Site
That part of the Southeast Quarter of the Northwest
Quarter of Section 22, Township 31 North, Range 13 , East
of the Fifth Principal Meridian, described as follows :
Commence at a M inch iron rod at the quarter section
corner on the North line of said Section 22; thence South
0 deg. 53 min. 47 sec. East along the quarter section
line, 1352.73 feet to a stone at the Northeast corner of
said Southeast quarter of the Northwest quarter; thence
North 89 deg. 28 min. West along the North line thereof,
1162 . 85; thence South 68 deg. 20 min. 41 sec. East,
130.30 feet for a place of beginning; thence South 54
deg. 08 min. 39 sec. East, 100. 00 feet; thence South 35
deg. 51 min. 21 sec. West, 100. 00 feet; thence North 54
deg. 08 min. 39 sec. West, 100. 00 feet; thence North 35
deg. 51 min. 21 sec. East, 100 . 00 feet to the place of
beginning, in Cape Girardeau County, Missouri, containing
0.2296 acres.
is hereby granted to the City of Cape Girardeau and Velosity
Electronics 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 k'5'h DAY OFeff?�Or , 20 DP.
3te._.
ay VKnudtson, Mayor
ATTEST- nn
Ra C rad
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SPECIAL USE PERMIT
The City of Cape Girardeau and velosity Electronics are hereby
granted a Special Use Permit to construct, maintain and operate a
telecommunications tower with an equipment building and security
fence at North County Park, in the City and County of Cape
Girardeau, Missouri, on the following described property for an
indefinite period of time:
North County Park Reservoir Site
That part of the Southeast Quarter of the Northwest
Quarter of Section 22, Township 31 North, Range 13, East
of the Fifth Principal Meridian, described as follows:
Commence at a 36 inch iron rod at the quarter section
corner on the North line of said Section 22; thence South
0 deg. 53 min. 47 sec. East along the quarter section
line, 1352 . 73 feet to a stone at the Northeast corner of
said Southeast quarter of the Northwest quarter; thence
North 89 deg. 28 min. West along the North line thereof,
1162 . 85; thence South 68 deg. 20 min. 41 sec. East,
130.30 feet for a place of beginning; thence South 54
deg. 08 min. 39 sec. East, 100. 00 feet; thence South 35
deg. 51 min. 21 sec. West, 100. 00 feet; thence North 54
deg. 08 min. 39 sec. West, 100. 00 feet; thence North 35
deg. 51 min. 21 sec . East, 100 . 00 feet to the place of
beginning, in Cape Girardeau County, Missouri, containing
0.2296 acres.
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. This Special Use Permit shall automatically terminate in
twelve (12) months upon the failure to develop the use of
the land for which the Special Use Permit has been
issued.
EXHIBIT A
2 . The Special use shall meet all applicable zoning
regulations .
3 . The property shall be developed in substantial
conformance with the Site Plan approved as part of this
Special Use Permit .
4 . This Special Use Permit is not transferable without the
consent of the City Council .
5 . This Special Use Permit is conditioned upon the execution
of a Lease between the City of Cape Girardeau and
Velosity Electronics .
6 . This property shall be developed and maintained in
conformance with the requirements of Section 30-39 (d) (16)
of the City Code .
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
20
Douglas K. Leslie
City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
ss .
COUNTY OF CAPE GIRARDEAU )
On this day of 20 before me
appeared Douglas K. Leslie, 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
EXHIBIT A
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.
LaDonna Laub, Notary Public
My Commission Expires :
August 4 , 2011
EXHIBIT A
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this j5g— day of 5, n ,12, the Cape Girardeau City Council
considered the application for Special Use Permit dated October 29, 2008
filed by The City of Cape Girardeau, Missouri, and Velosity Electronics for the
property located at North County Park in the City and County of Cape Girardeau,
Missouri for the purposes of constructing, maintaining and operating a
telecommunications tower with equipment building and security fence.
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 30-39 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
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