HomeMy WebLinkAboutORD.2709.04-17-2000BILL NO. 2000-84 ORDINANCE NO. c 1
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
ROBERTS WIRELESS PROPERTIES, LLC, FOR PURPOSES
OF CONSTRUCTING, MAINTAINING AND OPERATING A
195 -FOOT MONOPOLE ANTENNA AT 204 NORTH
KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, Roberts Wireless Properties, LLC is the owner of
certain property in the City of Cape Girardeau, on which it desires
to construct, maintain and operate a 195 -foot monopole antenna; and
WHEREAS, the proposed location of said antenna is 204 North
Kingshighway, 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 195 -foot monopole antenna, on the
following described property:
Tract I: That part of Block Five (5) of Harris
Subdivision as shown by plat recorded in Plat Book 4 at
page 57, in the City of Cape Girardeau, Missouri,
described as follows: Commence at the Northwest corner of
Spring Avenue and Themis Street; thence North 81 degrees
40' West, along the North line of Themis Street a
distance of 396.0 feet; thence North 8 degrees 20' East,
151.0 feet for a beginning corner; thence continue North
8 degrees 20' East 144.9 feet; thence North 81 degrees
40' West 207.2 feet; thence South 06 degrees 39' East,
150.0 feet; thence South 81 degrees 40' East, 168.4 feet
to the point of beginning.
Tract II: That part of Block Five (5) of Harris
Subdivision as shown by plat recorded in Plat Book 4 at
page 57, in the City of Cape Girardeau, Missouri,
described as follows: Start at the Northwest corner of
Spring Avenue and Themis Street; thence North 81 degrees
40' West, along the North line of Themis Street 396.0
feet; thence North 8 degrees 20' East, 151.0 feet to the
Southeast corner of parcel of land as same is described
in Deed recorded in Book 185 at page 455 of the Land
Records of Cape Girardeau County, Missouri; thence
continue North 8 degrees 20' East 144.9 feet to the
Northeast corner of aforementioned parcel thence North 81
degrees 40' West 207.2 feet to the Northwest corner of
aforementioned parcel and the point of beginning; thence
continue North 81 degrees 40' West 101.9 feet, to the
East right of way line of U.S. Route 61, for a corner;
thence south 06 degrees 39' East, 150.0 feet, along said
right of way, for a corner; thence South 81 degrees 40'
East, 101.9 feet to the Southwest corner of
aforementioned parcel for a corner; thence North 6
degrees 39' West, 150.0 feet to the Northwest corner of
aforementioned parcel and the point of beginning.
LESS AND EXCEPTING THEREFROM Tracts I and II: Those lands
conveyed to the City of Cape Girardeau, Missouri by
Warranty Deed recorded in Book 583 at page 138 described
as follows: That part of Block 5, Harris Subdivision of
Lots 5, 8, 9, 12, and 13 of Sturdivant's Subdivision in
U.S.P. Private Survey No. 2199, Township 31 North, Range
13 East of the Fifth Principal Meridian, in the City and
County of Cape Girardeau, State of Missouri, described an
follows: Commence at the Southeast Corner of Block 5 of
Harris Subdivision, being also the Northwest corner of
the intersection of Spring Street and Themis Street;
thence North 83 degrees 04' 04" West, with the North line
of Themis Street, 552.26 feet; thence North 8 degrees 02'
140 West, 155.97 feet, to the place of beginning; thence
North 8 degrees 02' 14" West, 149.99 feet; thence North
83 degrees 04' 04" West, 73.99 feet, to a point on the
East right-of-way line of U.S. Highway 61; thence. with
said East line, South 8 degrees 03' 06" East, 150.00
feet; thence South 83 degrees 04' 04" East, 73.95 feet,
to the place of beginning.
is hereby granted to Roberts Wireless Properties, LLC, 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 DAY OF ��� , 20-6-0.
A. M. Spradling, III/'Mayor
ATTEST:
1,
zil b
Gayle OL. Conrad
City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this 1 day of ' t , ' L -)OD , the Cape Girardeau City Council
considered the application for Special Use Permit dated 2.23.12000
filed by Roberts Wir 1 as P opertiea0 LLC
for the property located at 204 North Kngshighway in Cape Girardeau,Mi�aaouri
for the purpose of constructing, maintaining and op a ing a 195- oot monopole
antenna.
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
ITY OVA --APE GIRARDEAU, MI
(SEAL)
ATTEST:
W
City aerk
EXHIBIT B
-..sy.
SPECIAL USE PERMIT nU
Roberts Wireless Properties, LLC, 1408 North Kingshighway
Boulevard, St. Louis, MO 63113, by James W. Nold, J.W. Nold
Company, Inc., 5801 West Highway 161, P. O. Box 23798, Belleville,
IL 62223, are hereby granted a Special Use Permit for purposes of
constructing, maintaining and operating a 195 -foot monopole
antenna, on the following described property for an indefinite
period of time:
Tract I: That part of Block Five (5) of Harris
Subdivision as shown by plat recorded in Plat Book 4 at
page 57, in the City of Cape Girardeau, Missouri,
described as follows: Commence at the Northwest corner of
Spring Avenue and Themis Street; thence North 81 degrees
40' West, along the North line of Themis Street a
distance of 396.0 feet; thence North 8 degrees 20' East,
151.0 feet for a beginning corner; thence continue North
8 degrees 20' East 144.9 feet; thence North 81 degrees
40' West 207.2 feet; thence South 06 degrees 39' East,
150.0 feet; thence South 81 degrees 40' East, 168.4 feet
to the point of beginning.
Tract II: That part of Block Five (5) of Harris
Subdivision as shown by plat recorded in Plat Book 4 at
page 57, in the City of Cape Girardeau, Missouri,
described as follows: Start at the Northwest corner of
Spring Avenue and Themis Street; thence North 81 degrees
40' West, along the North line of Themis Street 396.0
feet; thence North 8 degrees 20' East, 151.0 feet to the
Southeast corner of parcel of land as same is described
in Deed recorded in Book 185 at page 455 of the Land
Records of Cape Girardeau County, Missouri; thence
continue North 8 degrees 20' East 144.9 feet to the
Northeast corner of aforementioned parcel thence North 81
degrees 40' West 207.2 feet to the Northwest corner of
aforementioned parcel and the point of beginning; thence
continue North 81 degrees 40' West 101.9 feet, to the
East right of way line of U.S. Route 61, for a corner;
thence south 06 degrees 39' East, 150.0 feet, along said
right of way, for a corner; thence South 81 degrees 40'
East, 101.9 feet to the Southwest corner of
aforementioned parcel for a corner; thence North 6
degrees 39' West, 150.0 feet to the Northwest corner of
aforementioned parcel and the point of beginning.
LESS AND EXCEPTING THEREFROM Tracts I and II: Those lands
conveyed to the City of Cape Girardeau, Missouri by
Warranty Deed recorded in Book 583 at page 138 described
as follows: That part of Block 5, Harris Subdivision of
Lots 5, 8, 9, 12, and 13 of Sturdivant's Subdivision in
U730
U.S.P. Private Survey No. 2199, Township 31 North, Range
13 East of the Fifth Principal Meridian, in the City and
County of Cape Girardeau, State of Missouri, described an
follows: Commence at the Southeast Corner of Block 5 of
Harris Subdivision, being also the Northwest corner of
the intersection of Spring Street and Themis Street;
thence North 83 degrees 04' 04" West, with the North line
of Themis Street, 552.26 feet; thence North 8 degrees 02'
140 West, 155.97 feet, to the place of beginning; thence
North 8 degrees 02' 14" West, 149.99 feet; thence North
83 degrees 04' 04" West, 73.99 feet, to a point on the
East right-of-way line of U.S. Highway 61; thence. with
said East line, South 8 degrees 03' 06" East, 150.00
feet; thence South 83 degrees 04' 04" East, 73.95 feet,
to the place 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.
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.
8ad055P-x 731
IN WITNESS WHEREOF, the City M of the City of Cape
Girardeau, Missouri, affixes ",.hi-§- signatu e this —IP.& day of
20 00
Michael G. Miller
City Manager
ATTEST:
9 Ato J A 3)1"ta
Gayle L. Conrad
City Clerk
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU 1
On this 1Q-= day of 1t' / 20C before me
appeared Michael G. Miller, to ie 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
my official seal, at my office in
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2000
Filedo� cord
APR 2 2000
Janet Robert, Recorder
Cape Glrardeau County
hereunto set my hand and affixed
Cape Girardeau, Missouri, the day
STATE OF MISSOURI ) ss
County of Cape Girardeau,)
I hereby certify that ; ,this instrument
was FILED FQR RECORD at the date
and time ss 0VjU n- and co ein
rage. .
JANET ROBERT
Recorder of Deeds
By-As.� .