HomeMy WebLinkAboutORD.2912.07-16-2001BILL NO. 2001-139
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
CAPE GMAC PONTIAC, INC., DARRELL BROWN,
MARILYN SINGLETON AND CHARLEEN BACK, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A TELECOMMUNICATION FLAGPOLE AND AN
EQUIPMENT BUILDING FOR SOUTHWESTERN BELL
WIRELESS AT 755 SOUTH KINGSHIGHWAY, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Cape GMAC Pontiac, Inc., Darrell Brown, Marilyn
Singleton and Charleen Back are the owners of certain property in
the City of Cape Girardeau, on which they desire to construct,
maintain and operate a 100 -foot telecommunication flagpole and a
300 -foot equipment building for Southwestern Bell Wireless; and
WHEREAS, the proposed location of said flagpole and equipment
building is 744 South 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 100 -foot telecommunication flagpole and
a 300 -foot equipment building for Southwestern Bell Wireless, 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:
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 DEGREES 51 MINUTES 00
SECONDS 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
DEGREES 51 MINUTES 00 SECONDS 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
DEGREES 51 MINUTES 00 SECONDS EAST 60.00 FEET TO AN IRON
ROD (SET); THENCE LEAVING SAID SOUTHERLY LINE AND
DEFINING THE LEASE PARCEL HEREIN DESCRIBED. SOUTH 07
DEGREES 09 MINUTES 00 SECONDS WEST 60.00 FEET TO AN IRON
ROD (SET); THENCE NORTH 82 DEGREES 51 MINUTES 00 SECONDS
WEST 60.00 FEET TO AN IRON ROD (SET); THENCE NORTH 07
DEGREES 09 MINUTES 00 SECONDS 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 DEGREES 51 MINUTES 00
SECONDS 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
DEGREES 51 MINUTES 00 SECONDS EAST 154.31 FEET TO AN IRON
ROD (SET); THENCE LEAVING SAID SOUTHERLY LINE SOUTH 07
DEGREES 09 MINUTES 00 SECONDS WEST 60.00 FEET TO AN IRON
ROD (SET); THENCE NORTH 82 DEGREES 51 MINUTES 00 SECONDS
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 DEGREES 17 MINUTES 20
SECONDS WEST 99.14 FEET; THENCE SOUTH 05 DEGREES 34
MINUTES 49 SECONDS 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 DEGREES 37
MINUTES 00 SECONDS 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 DEGREES 37 MINUTES 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 Cape GMAC Pontiac, Inc., Darrell Brown,
Marilyn Singleton and Charleen Back, 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 THIST�\ DAY OF 20(131
A. M. Spradling, III, ay r
ATTEST:
Gay!L. Conrad
City Clerk
SPECIAL USE PERMIT
009504
Cape GMAC Pontiac, Inc., Darrell Brown, Marilyn Singleton and
Charleen Back, 755 South Kingshighway, P. 0. Box 659, Cape
Girardeau, MO 63702-0659, are hereby granted a Special Use Permit
for purposes of constructing, maintaining and operating 100 -foot
telecommunication flagpole and a 300 -foot equipment building for
Southwestern Bell Wireless, 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 DEGREES 51 MINUTES 00
SECONDS 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
DEGREES 51 MINUTES 00 SECONDS 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
DEGREES 51 MINUTES 00 SECONDS EAST 60.00 FEET TO AN IRON
ROD (SET); THENCE LEAVING SAID SOUTHERLY LINE AND
DEFINING THE LEASE PARCEL HEREIN DESCRIBED. SOUTH 07
DEGREES 09 MINUTES 00 SECONDS WEST 60.00 FEET TO AN IRON
ROD (SET); THENCE NORTH 82 DEGREES 51 MINUTES 00 SECONDS
WEST 60.00 FEET TO AN IRON ROD (SET) ; THENCE NORTH 07
DEGREES 09 MINUTES 00 SECONDS 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
S
a,rK113 6 a �.E10?
OF SAID U. S. P. SURVEY 222 AND ON THE SOUTHERLY LINE OF
HIGHWAY 74, AND BEARS SOUTH 82 DEGREES 51 MINUTES 00
SECONDS 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
DEGREES 51 MINUTES 00 SECONDS EAST 154.31 FEET TO AN IRON
ROD (SET); THENCE LEAVING SAID SOUTHERLY LINE SOUTH 07
DEGREES 09 MINUTES 00 SECONDS WEST 60.00 FEET TO AN IRON
ROD (SET); THENCE NORTH 82 DEGREES 51 MINUTES 00 SECONDS
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 DEGREES 17 MINUTES 20
SECONDS WEST 99.14 FEET; THENCE SOUTH 05 DEGREES 34
MINUTES 49 SECONDS 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 DEGREES 37
MINUTES 00 SECONDS 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 DEGREES 37 MINUTES 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. Exterior of the building shall be brick.
2. Area where facilities are located shall be fenced.
3. Flagpole shall be lighted.
4. Additions or modifications from the original building
permit must be approved by the City Council.
5. Special use shall meet all applicable zoning regulations.
6. 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.
7. 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 / 7f day of
Michael G. Miller
City Manager
ATTEST:
Gay-Iej,. Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU )
On this � day of bJ 4 20 (% before me
appeared Michael G. Miller, to me p rsonally 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, 2004
Filedr Record
ID, 3 �
JUL 2 0 2001
Janet
0406
ao�1"'K1136 PAGE104
STATE OF MISSOURI j ss
County of Cape Girardeau,)
I hereby certify that this instrument
was FILED FOR RECORD at the date
and timeI�X(ta
n hereon and is r or ed in
Book.. ..Page....76�....
................
JANET ROBERT
ecoFd4 of eds
By... ...............
Deputy
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this ( Fft day of c', the Cape Girardeau City Council
considered the application or Special Use Permit dated 5/25/2001
filed by Cape GMAC Pontiac, Inc., Darrell Brown, Marilyn Singleton and Charleen
Back for the property located at 755 South Kingshighway in Cape Girardeau,
Missouri for the purpose of constructing, maintaining and operating a 100 foot
telecommunication flagpole and an equipment building for Southwestern Bell
Wireless.
In examining this application, the following factors were considered and found
as noted:
Yes No N/A
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
(SEAL)
ATTEST:
i
Cit C rk
with conditions spe
M
ied on -attached Special Use Permit
OF/CWE GIRARDEAU, MISSOUR
EXHIBIT B
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
(SEAL)
ATTEST:
i
Cit C rk
with conditions spe
M
ied on -attached Special Use Permit
OF/CWE GIRARDEAU, MISSOUR
EXHIBIT B