HomeMy WebLinkAboutORD.2602.10-18-1999i J
BILL NO. 99-224 ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
COLUMBIA CONSTRUCTION CORPORATION AND
SOUTHWESTERN BELL WIRELESS, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
COMMUNICATION TOWER AND EQUIPMENT BUILDING, AT
3630 EXCHANGE DRIVE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
WHEREAS, Columbia Construction Corporation is the owner of
certain property in the City of Cape Girardeau, on which
Southwestern Bell Wireless desires to construct, maintain and
operate a 150 -foot monopole communication tower and 12 -foot by 20 -
foot (approximate size) equipment building; and
WHEREAS, the proposed location of said tower and building is
3630 Exchange Drive, which property is presently zoned C-3, Central
Business District; and
WHEREAS, a Special Use Permit is required for said use in an
C-3 zone;
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 an 150 -foot monopole communication tower
and 12 -foot by 20 -foot (approximate size) equipment building , on
the following described property:
A tract of land in part of Survey 3090 in Townships 30
and 31 North, Range 13 East, Cape Girardeau County,
Missouri, and being more particularly described as
follows:
Commencing at a stone on the North line of U.S.P. Survey
3090, which point bears North 79° 07' West 1903.6 feet
from the Northeast corner of U.S.P. Survey 3090; thence
South 060 59' West 842.6 feet to the Southwest corner of
a parcel of land described in deed recorded in Book 256,
i
Page 391; thence continue South 60 59' West 51.0 feet;
thence South 850 06' West 339.76 feet; thence South 040
54' East 4.97 feet to the point of beginning of this
description; thence South 190 56' 24" East a distance of
35.00 feet to a point 5.00 feet North of an existing
building; thence West and parallel with the North face of
said building, South 700 03' 36" West a distance of 80.00
feet; thence North 190 56' 24" West a distance of 35.00
feet; thence North 70° 03' 36" East a distance of 80.00
feet to the point of beginning.
is hereby granted to Columbia Construction Corporation and
Southwestern Bell Wireless, 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
ATTEST:
l
Gayle c- . Conrad
City Clerk
-lt DAY OF C C t:f:11
n
A.JM. Spradling, IIIA, Mayor
i
SPECIAL USE PERMIT
Columbia Construction Corporation, 3630 Exchange Drive, Cape
Girardeau, MO 63701, Attn: John Jansen, President; and
Southwestern Bell Wireless, 892 Woods Mill Road, Ballwin, MO 63011,
Attn: Patrick Bardone, Agent of Southwestern Bell Wireless, are
hereby granted a Special Use Permit for purposes of constructing,
maintaining and operating an 150 -foot monopole communication tower
and 12 -foot by 20 -foot (approximate size) equipment building , on
the following described property for a period of twenty (20) years
from the date of execution hereof:
A tract of land in part of Survey 3090 in Townships 30
and 31 North, Range 13 East, Cape Girardeau County,
Missouri, and being more particularly described as
follows:
Commencing at a stone on the North line of U.S.P. Survey
3090, which point bears North 79° 07' West 1903.6 feet
from the Northeast corner of U.S.P. Survey 3090; thence
South 060 59' West 842.6 feet to the Southwest corner of
a parcel of land described in deed recorded in Book 256,
Page 391; thence continue South 60 59' West 51.0 feet;
thence South 850 06' West 339.76 feet; thence South 040
54' East 4.97 feet to the point of beginning of this
description; thence South 190 56' 24" East a distance of
35.00 feet to a point 5.00 feet North of an existing
building; thence West and parallel with the North face of
said building, South 700 03' 36" West a distance of 80.00
feet; thence North 190 56' 24" West a distance of 35.00
feet; thence North 700 03' 36" East a distance of 80.00
feet to the point of beginning.
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.
1. Additions or modifications from the original building
permit must be approved by the City Council.
2. Special use shall meet all applicable zoning regulations.
EXHIBIT "A"
3. 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.
4. This Special Use Permit is effective for a period of
twenty (20) years from the date of execution hereof.
5. This Special Use Permit is not transferrable without
consent of the City Council.
IN WITNESS WHEREOF, the City Manager of the City of Cape
Girardeau, Missouri, affixes his signature this day of
19
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , before me
appeared Michael G. Miller, 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.
My Commission Expires:
October 8, 2000
Delores G. Needham, Notary Public
EXHIBIT "A"
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this da of 1 G,r., the Cape Girardeau Cit Council
Y �; C t�4�'li � , 1 P Y
considered the application for Special Use Permit dated 8/1999
filed by Columbia Construction Corporation and Southwestern Bell Wireless for the
property located at 1610 Exchange Drive, in Gape Girardeau, MicCo7 i
for the purpose of ons ing{ maintaining and opt-rat-incla 150 -foot monopole
o mini it—inn tower and 19—foot- by 20 -foot (approximate size) iinm n building_
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
City Council Finding -s:
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
(SEAL)
ATTEST:
City CL rk
specified on attached Special Use Permit
L
O CAPE GIRARDEAU, MISSOURI
Mayo
EXHIBIT "B"