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HomeMy WebLinkAboutORD.2616.11-15-19991 4 BILL NO. 99-247 ORDINANCE NO. Q AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TIM SINGLETON, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A 200 -FOOT RADIO TOWER AT 802 ENTERPRISE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Tim Singleton is the owner of certain property in the City of Cape Girardeau, on which he desires to construct, maintain and operate a 200 foot radio tower; and WHEREAS, the proposed location of said radio tower is 802 Enterprise Street, which property is presently zoned M-1, Light Industrial District; and WHEREAS, a Special Use Permit is required for said use in an M-1 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 a 200 -foot radio tower, on the following described property: A parcel of land located in U.S.P. Survey No. 222, Township 30 North, Range 13 East, described as follows: Start at the Northwest corner of said U.S.P. Survey No. 222; thence South 820 51' East, along the north line of the Survey 208.6 feet; thence South 20 23' West 964.3 feet for the point of beginning; thence South 870 37' East 157.1 feet for a corner; thence South 20 23' West, 100.0 feet for a corner; thence North 870 37' West 157.1 feet for a corner; thence North 20 23' East, 100 feet to the point of beginning, same point being the intersection of the South line of Industrial Drive with the East line of Enterprise Street. I is hereby granted to Tim Singleton, 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: Gayleh. Conrad City Clerk I DAY OF OJ �'�'n , 19-TC1. A. M. Spradling, III, ayor SPECIAL USE PERMIT W403`5ri*337 Tim Singleton, P. O. Box 537, Cape Girardeau, Mo 63702-0537, is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a 200 -foot radio tower, on the following described property for an indefinite period of time: A parcel of land located in U.S.P. Survey No. 222, Township 30 North, Range 13 East, described as follows: Start at the Northwest corner of said U.S.P. Survey No. 222; thence South 820 51' East, along the north line of the Survey 208.6 feet; thence South 20 23' West 964.3 feet for the point of beginning; thence South 870 37' East 157.1 feet for a corner; thence South 20 23' West, 100.0 feet for a corner; thence North 870 37' West 157.1 feet for a corner; thence North 2° 23' East, 100 feet to the point of beginning, same point being the intersection of the South line of Industrial Drive with the East line of Enterprise Street. 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. 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 not transferrable without consent of the City Council. 6804035Fac1338 IN WITNESS WHEREOF, the City Manag�r of the City of Cape Girarqeau, Missouri, affixes "his sign Ature this /U.&4 day of 19 ATTEST: Gayle V. Conrad City 'Clerk STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU Michael G. Miller City Manager On this day of ,/V ((� AGI 19� 74_, 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. Delores G. Needham, Notary Public -My Commission Expires: October 8, 2000 Filed for Record 8:52 NOV 2 3 1999 Janet Robert, Recorder Gape Girardeau County Jackson, Mo. CCS Ft�G�i13a STATE OF MISSOURI County of Cape Girardeau,) ss I hereby certify that this instrument was FILED FOR RECORD at the date and time sh wn hereon and iso ed in Book..1� ....Page..... `�f ................ JANET ROBERT Rec rder of Deeds By.` Deputy t CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of OderniP- (-, )'jjq, the Cape Girardeau City Council considered the application for Special Use Permit dated 9/2399 filed by Tim singleton for the property located at 802 Enterprise Street in Cane Girardeau Missouri for the purpose of constructinga maintaining and ozerati_nq a 2nn-foot radio tower_ 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 S. 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 ITY OF P GIRARDEAU, MIS OURI (SEAL) ATTEST: May r I City C7 rk EXHIBIT "B" BILL NO. 99-247 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TIM SINGLETON, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A 200 -FOOT RADIO TOWER AT 802 ENTERPRISE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Tim Singleton is the owner of certain property in the City of Cape Girardeau, on which he desires to construct, maintain and operate a 200 foot radio tower; and WHEREAS, the proposed location of said radio tower is 802 Enterprise Street, which property is presently zoned M-1, Light Industrial District; and WHEREAS, a Special Use Permit is required for said use in an M-1 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 a 200 -foot radio tower, on the following described property: A parcel of land located in U.S.P. Survey No. 222, Township 30 North, Range 13 East, described as follows: Start at the Northwest corner of said U.S.P. Survey No. 222; thence South 820 51' East, along the north line of the Survey 208.6 feet; thence South 20 23' West 964.3 feet for the point of beginning; thence South 870 37' East 157.1 feet for a corner; thence South 20 23' West, 100.0 feet for a corner; thence North 870 37' West 157.1 feet for a corner; thence North 20 23' East, 100 feet to the point of beginning, same point being the intersection of the South line of Industrial Drive with the East line of Enterprise Street. is hereby granted to Tim Singleton, 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; Gayle, L. Conrad City Clerk J DAY OF i`�oJem4� C , 19-I'l. 7 A. M. Spradling, III, Cyyor r f SPECIAL USE PERMIT dopn10p35PAC[337 Tim Singleton, P. O. Box 537, Cape Girardeau, Mo 63702-0537, is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a 200 -foot radio tower, on the following described property for an indefinite period of time: A parcel of land located in U.S.P. Survey No. 222, Township 30 North, Range 13 East, described as follows: Start at the Northwest corner of said U.S.P. Survey No. 222; thence South 820 51' East, along the north line of the Survey 208.6 feet; thence South 20 23' West 964.3 feet for the point of beginning; thence South 870 37' East 157.1 feet for a corner; thence South 20 23' West, 100.0 feet for a corner; thence North 870 37' West 157.1 feet for a corner; thence North 20 23' East, 100 feet to the point of beginning, same point being the intersection of the South line of Industrial Drive with the East line of Enterprise Street. 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. 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 not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City --V Girardeau, Missouri, affixes s 1 d7L�.eYn,1QL,? , 19 l OUB1035F gEg338 of the City of Cape this l &7tA day of Michael G. Miller City Manager ss. COUNTY OF CAPE GIRARDEAU / ) On this - day of 410VIA . str 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. Delores G. Needham, Notary Public My 'Commission Expires: October 8,, 2000 CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this _) day of ovemixr , 11951 the Cape Girardeau City Council considered the application for Special Use Permit dated 9/73/99 filed by Tim Singleton for the property located at 502 Rntprprisp street in Cada Girard au, Missouri for the purpose of constructing_, maintaining and ogarating a 700 -foot radio tower. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council FindinQA— 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 Y_ 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 ITY OF�P) GIRARDEAU, MIS OURI (SEAL) �J/ ATTEST: May4r &JO/ �vw City C rk EXHIBIT "B"