HomeMy WebLinkAboutORD.3005.05-20-2002BILL NO. 02-83
ORDINANCE NO. ) S
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
UNION ELECTRIC COMPANY D/B/A AMERENUE FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING AN ELECTRICAL DISTRIBUTION
SUBSTATION AT 7 NORTH ELLIS STREET IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
WHEREAS, Union Electric Company d/b/a AmerenUE is the owner of
certain property in the City of Cape Girardeau, on which Union
Electric Company d/b/a AmerenUE desires to construct, maintain and
operate an electrical distribution substation in the City and
County of Cape Girardeau, Missouri; and
WHEREAS, the proposed location of said electrical distribution
substation is 7 North Ellis Street located in the City of Cape
Girardeau, Missouri, which property is presently zoned C-1, Local
Commercial District; and
WHEREAS, a Special Use Permit is required for said use in a C-
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 an electrical distribution substation on
the following described property:
All of Lot Thirty-nine (39) in Range "C" in the City of
Cape Girardeau, Missouri, in Township 30 North, Range 14
East of the Fifth Principal Meridian and being the same
tract of land conveyed to Solar Pools, Inc., by deed
recorded in Book 513, page 456 in the Cape Girardeau
County, Missouri, land records and being more
particularly described as follows: Beginning at an iron
pin at the intersection of the North line of Independence
Street with the West line of Ellis Street; thence North
83 degrees 52' 15" West, along said North line a distance
of 180.00 feet to an iron pin at the intersection of said
North line with the East line of a 16 foot alley; thence
North 06 degrees 52' 10" East, along said East line a
distance of 120.00 feet to an iron pin; thence South 83
degrees 52' 09" East, a distance of 180.34 feet to an
iron pin on the aforesaid West line of Ellis Street;
thence South 07 degrees 02' 02" West, along said West
line a distance of 120.00 feet to the point of beginning
containing 0.50 acre and subject to any easements,
reservations or restrictions on record or now in effect.
is hereby granted to Union Electric Company d/b/a AmerenUE 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 113" 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 2 0 C .
0
,f
f
Jay Knudtson, Mayor
ATTEST:
Gayle L. Conrad
City Clerk
SPECIAL USE PERMIT Book 217P*631
Union Electric Company d/b/a AmerenUE is hereby granted a
Special Use Permit for purposes of constructing, maintaining and
operating an electrical distribution substation located in the City
and County of Cape Girardeau, Missouri, on the following described
property for an indefinite period of time:
All of Lot Thirty-nine (39) in Range "C" in the City of
Cape Girardeau, Missouri, in Township 30 North, Range 14
East of the Fifth Principal Meridian and being the same
tract of land conveyed to Solar Pools, Inc., by deed
recorded in Book 513, page 456 in the Cape Girardeau
County, Missouri, land records and being more
particularly described as follows: Beginning at an iron
pin at the intersection of the North line of Independence
Street with the West line of Ellis Street; thence North
83 degrees 52' 15" West, along said North line a distance
of 180.00 feet to an iron pin at the intersection of said
North line with the East line of a 16 foot alley; thence
North 06 degrees 52' 10" East, along said East line a
distance of 120.00 feet to an iron pin; thence South 83
degrees 52' 09" East, a distance of 180.34 feet to an
iron pin on the aforesaid West line of Ellis Street;
thence South 07 degrees 02' 02" West, along said West
line a distance of 120.00 feet to the point of beginning
containing 0.50 acre and subject to any easements,
reservations or restrictions on record or now in effect.
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.
3. This Special Use Permit shall automatically terminate in
twelve (12) months upon the failure to develop the use of
am 1217 PAGE (32
the land for which the Special Use Permit has been
issued.
4. This Special Use Permit is not transferrable without
consent of the City
IN WITNESS WHEREOF,'/the7hiss'gnature
ager of the City of Cape
Girardeau, Missouri, affixes this day of
20�
Michael G. Miller
City Manager
ATTEST:
Gayle L. Conrad
City Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
On this y 4& day ofA-Z , 20 4: ;t , before me
appeared Michael G. Miller, to me pe s`bnally 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
42
i
LaDonna Laub, Nota y Public
LADONNA LAUD
Igo#cry Public -Notary 00 --al
C"'Zte of Micccu i
Gr.; i Cic`.rC:0au Cc -�
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this .1' day of �ri� r'_; _I I, the Cape Girardeau City Council
considered the application for Special Use Permit dated 3-27-2002
filed by Union Electric Company d/b/a AmerenUE
for the property located at 7 North Ellis Street, in the City and County of Cape
Girardeau, Missouri
for the purpose of constructing, maintaining and operating an electrical
distribution substation
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 specified on attached Special Use Permit
CITY OF CAP GIRAREAU, MISSOURI
(SEAL) /
ATTEST: Mayor
City Clerk
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 specified on attached Special Use Permit
CITY OF CAP GIRAREAU, MISSOURI
(SEAL) /
ATTEST: Mayor
City Clerk
EXHIBIT B