HomeMy WebLinkAboutORD.2982.03-18-2002BILL NO. 02-44
ORDINANCE NO. �
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
ELE, INC. AND BIG RIVER TELEPHONE COMPANY,
L.L.C., FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING A RADIO AND
MICROWAVE TRANSMISSION TOWER AND APPROVING
BUILDING AND EQUIPMENT SET BACK FROM EASTERN
BOUNDARY LINE AT 24 SOUTH MINNESOTA AVENUE, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
WHEREAS, ELE, Inc. is the owner of certain property in the
City of Cape Girardeau, on which Big River Telephone Company,
L.L.C. desires to construct, maintain and operate a radio and
microwave transmission tower and approval of building and equipment
set back from eastern boundary line; and
WHEREAS, the proposed location of said tower and building is
24 South Minnesota, 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 radio and microwave transmission tower
and approval of building and equipment set back from eastern
boundary line, on the following described property:
A PARCEL OF LAND BEING A PART OF OUTLOT 41 OF SURVEY 2199 IN THE
CITY AND COUNTY OF GAPE GIRARDEAU, MISSOURI. SAID PARCEL IS INTENDED
TO BE THE SAME PROPERTY DESCRIBED AND RECORDED IN BOOK 674, PAGE 367
AND BOOK 674, PAGE 369 IN THE CAPE GIRARDEAU COURT HOUSE IN THE NAME
OF Ldd, INC., DATED JANUARY 12, 1994. SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
4 % 1
COMMENCING AT THE INTERSECTION OF THE EXTENDED WEST LINE OF
LOUISIANA AVENUE WITH THE SOUTH LINE OF INDEPENDENCE STREET; THENCE
S 89044'28" W 574.70 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE
OF MINNESOTA AVENUE; THENCE S 01°01'12" E 180.00 FEET ALONG SAID
RIGHT-OF-WAY TO THE POINT OF BEGINNING, BEING A CROSS SET; THENCE S
01001'12" E 403.51 FEET ALONG SAID RIGHT-OF-WAY, PASSING AN IRON ROD
SET AT 170.00 FEET, TO AN IRON ROD FOUND; THENCE N 80048'41" E
195.77 FEET TO AN IRON ROD FOUND; THENCE N 00015130" W 203.10 FEET
TO AN IRON ROD SET; THENCE S 89044'30" W 21.50 FEET TO AN IRON ROD
SET; THENCE N 01°01 12" W 170.00 FEET TO AN IRON ROD SET; THENCE S
89044130" W 175.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL TO CONTAIN 1.659 ACRES, MORE OR LESS, PER SURVEY BY
JASON A. MAY, MO PROFESSIONAL LAND SURVEYOR NO. 2001001911, DATED
09/21/2001.
SAID PARCEL BEING SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS,
RECORDED OR OTHERWISE. ALL SITUATED IN THE COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI.
is hereby granted to ELE, Inc. and Big River Telephone Company,
L.L.C., 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.
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PASSED AND APPROVED THIS le) DAY OF t Y J(jV-rY\ , 20 �...
A. Spradling, III, M or
ATTEST.
yF,
i
n i ;
Gayle . Conrad
City Clerk
SPECIAL USE PERMIT gpnffl9r) PAGF}�55
ELE, Inc., c/o Richard K. Kuntze, Osburn, Hine, Kuntze &
Yates, 1359 Mt. Auburn Road, Cape Girardeau, MO 63701 and Big River
Telephone Company, L.L.C., 24 South Minnesota, Cape Girardeau, MO
63703, are hereby granted a Special Use Permit for purposes of
constructing, maintaining and operating a radio and microwave
transmission tower and approval of building and equipment set back
from eastern boundary line, on the following described property for
an indefinite period of time:
A PARCEL OF LAND BEING A PART OF OUTLOT 41 OF SURVEY 2199 IN THE
CITY AND COUNTY OF GAPE GIRARDEAU, MISSOURI. SAID PARCEL IS INTENDED
TO BE THE SAME PROPERTY DESCRIBED AND RECORDED IN BOOK 674, PAGE 367
AND BOOK 674, PAGE 369 IN THE CAPE GIRARDEAU COURT HOUSE IN THE NAME
OF Ldd, INC., DATED JANUARY 12, 1994. SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EXTENDED WEST LINE OF
LOUISIANA AVENUE WITH THE SOUTH LINE OF INDEPENDENCE STREET; THENCE
S 89044'28" W 574.70 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE
OF MINNESOTA AVENUE; THENCE S 01°01'12" E 180.00 FEET ALONG SAID
RIGHT-OF-WAY TO THE POINT OF BEGINNING, BEING A CROSS SET; THENCE S
01001112" E 403.51 FEET ALONG SAID RIGHT-OF-WAY, PASSING AN IRON ROD
SET AT 170.00 FEET, TO AN IRON ROD FOUND; THENCE N 80048'41" E
195.77 FEET TO AN IRON ROD FOUND; THENCE N 00°15'30" W 203.10 FEET
TO AN IRON ROD SET; THENCE S 89044'30" W 21.50 FEET TO AN IRON ROD
SET; THENCE N 01001 12" W 170.00 FEET TO AN IRON ROD SET; THENCE S
89044'30" W 175.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL TO CONTAIN 1.659 ACRES, MORE OR LESS, PER SURVEY BY
JASON A. MAY, MO PROFESSIONAL LAND SURVEYOR NO. 2001001911, DATED
09/21/2001.
SAID PARCEL BEING SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS,
RECORDED OR OTHERWISE. ALL SITUATED IN THE COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI.
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. Additions or modifications from the original building
permit must be approved by the City Council.
2. Special use shall meet all applicable zoning regulations.
L
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 Cit er of the City of Cape
Girardeau, Missouri, affix is sign ture this rg� day of
[Aa4 n Dt� , 2 0
Michael G. Miller
City Manager
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
On this 19th day of March , 2002 , 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:
August 4, 2003
LaDonna Laub, No ary Public
'._._m - L,ADONNA LV
Notary Public -Not,-,,
State of Missy
cc -,,s- Girardeau Cc u..
Corrni. Gxplres: 08i041u
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of fy 2Ot%1, the Cape Girardeau City Council
considered the application for Special Use Permit dated 1/31/2002
filed by ELE, Inc. and Big River Telephone Company, L.L.C.
for the property located at 24 South Minnesota in Cape Girardeau, Missouri
for the purpose of constructing, maintaining and operating a radio and microwave
transmission tower and approval of building and equipment set back from eastern
boundary line.
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 with conditions
(SEAL)
ATTEST:
d&jj 0� Gto
Q.
City Ctkrk
specified on attached Special Use Permit
4ay
JIPE GIRARDE U, MISSOURI
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 with conditions
(SEAL)
ATTEST:
d&jj 0� Gto
Q.
City Ctkrk
specified on attached Special Use Permit
4ay
JIPE GIRARDE U, MISSOURI
EXHIBIT B