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Title:
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AN ORDINANCE granting a conditional use permit (CUP) in District GB (General Business) for a period of ten (10) years to construct a 150-ft. monopole commercial communication tower as to a certain 50-ft. by 50-ft. lease area.
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Indexes:
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COMMUNICATION TOWER, USE PERMIT, WITHDRAWN
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IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
WITHDRAWN 7/26/2004
Title
AN ORDINANCE granting a conditional use permit (CUP) in District GB (General Business) for a period of ten (10) years to construct a 150-ft. monopole commercial communication tower as to a certain 50-ft. by 50-ft. lease area.
Intro
ORDINANCE # 3513, July 6, 2004
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section 1. A conditional use permit is hereby granted for a period of ten (10) years for the construction of a 150-ft. monopole commercial communication tower as to a parcel of land north of U.S. Highway 24 on the west side of Twyman Road described as follows:
Description: A 50 foot by 50 foot Lease Area along with an Access and Utility Easement of varying widths, all being situated in the North Half of the Northeast Quarter of the Northeast Quarter of Section 23, Township 50 North, Range 31 West, all in Jackson County, Missouri and being more particularly described as follows:
COMMENCING at the Southwest corner of the North One Half of the Northeast Quarter of the Northeast Quarter of said Section 23 (Found 3/8" Iron Bar); Thence North 02?03'20" East along the West line of said Northeast Quarter of the Northeast Quarter a distance of 278.38 feet. Thence South 87?56'40" East a distance of 60.01 feet to Southwest corner of an existing lease area as described in Book I-3107 at Page 589, said corner also being the POINT OF BEGINNING of said 50 foot by 50 foot Lease Area; Thence continuing South 87?56'40" East along the South line of said existing lease area a distance of 50.00 feet; Thence South 02?03'20" West a distance of 50.00 feet; Thence North 87?56'40" West a distance of 50.00 feet; Thence North 02?03'20" East a distance of 50.00 feet to the POINT OF BEGINNING. Containing 2,400 square feet more or less.
Together with and Access and Utility Easement of varying widths being more particularly described as follows:
BEGINNING at the Northeast corner of the previously described 50 foot by 50 foot Lease Area: Thence South 87?56'40" East along the South line of said existing lease are a distance of 20.00 feet; thence South 02?03'20" West a distance of 15.00 feet; Thence South 87?56'40" East a distance of 294.71 feet to the West right of way of Twyman Road, as road is now established; Thence South 04?50'41" West along said West right of way line a distance of 20.02 feet; Thence North 87?56'40" West a distance of 293.73 feet; Thence South 02?03'20" West a distance of 25.00 feet; Thence North 87?56'40" West a distance of 70.00 feet; Thence North 02?03'20" East a distance of 10.00 feet to the Southwest corner of the previously described 50 foot by 50 foot Lease Area; Thence South 87?56'40" East along the South line of said previously described Lease Area a distance of 50.00 feet to the Southeast corner of said previously described Lease Area; Thence North 02?03'20" East along the East line of said previously described Lease Area a distance of 50.00 feet to the POINT OF BEGINNING. Containing 7,584 square feet more or less.
Section 2. The conditional use permit granted by this Ordinance is subject to the following conditions:
1. The Commercial Communication monopole shall not exceed a height of 150 feet as measured from ground level.
The monopole and appurtenance shall be installed according to manufacturer's specifications using sound engineering and safety practices.
The building permit application shall include an engineering report specifying the following information:
2) 2)
Detailed structural plans for the monopole tower signed and sealed by a Missouri Registered Engineer; and
An engineer's certification that anticipated levels of electric magnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the Federal Communication Commission (FCC).
b) b)
An evergreen pine with a minimum three inches caliber at three feet (3') above the grade shall be planted on 10 foot centers along the perimeter of the chain link fence for the tower compound area. These evergreen pines shall be maintained by the monopole tower owner.
The monopole tower shall be structurally designed so that at least three users would be allowed space on the tower. The applicant shall make a good faith effort to offer space to the Jackson County Sheriff's Department and other emergency service providers. The County Legislature shall have the right to revoke the conditional use permit if such offering is not made.
The monopole tower shall be a galvanized finish or painted gray or light blue unless other standards are required by the Federal Aviation Agency.
The monopole tower shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Agency.
Any antenna or monopole that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna/tower or property owner shall remove the antenna or tower within 90 days.
5. 5. 5.
Section 3. The Legislature, pursuant to the application of Voice Stream Kansas City, Inc. (CU-2004-181), requesting approval embodied in this Ordinance and with notice that the Jackson County Plan Commission voted unanimously to recommend approval of this application in a public hearing on June 17, 2004, does adopt this Ordinance pursuant to the Jackson County Charter authorizing the Legislature to exercise legislative power pertaining to planning and zoning.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
____________________________ ________________________________
Acting County Counselor Deputy County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3513 introduced on July 6, 2004 was duly withdrawn by SPONSOR ARBANAS, CONCURRED BY STRINGFIELD AND WAITS on July 26, 2004 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______________ Nays ______________
Abstaining ___________ Absent ____________
This Ordinance is hereby transmitted to the County Executive for her signature.
________________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3513.
_______________________ __________________________________
Date Katheryn J. Shields, County Executive