|
Title:
|
AN ORDINANCE approving a conditional use permit to construct a 147-foot monopole commercial communication tower, as to a certain 0.028 + acre tract.
|
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE approving a conditional use permit to construct a 147-foot monopole commercial communication tower, as to a certain 0.028 + acre tract.
Intro
ORDINANCE 2918, June 14, 1999
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section 1. A conditional use permit for twenty-five years to construct a 147-foot monopole commercial communication tower, subject to restrictions specified, under the Unified Development Code, is hereby approved as to a certain tract of land described as follows:
DESCRIPTION: A 0.028 ACRE TRACT OF LAND GENERALLY LOCATED NORTH OF STARK AVENUE ON THE WEST SIDE OF BLUE RIDGE BLVD. LYING IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 49, RANGE 32 IN JACKSON COUNTY, MISSOURI AND MORE PARTICULARLY DESCRIBED:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE N 01 44'33" E ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 1840.44 FEET; THENCE N 88 15'27" W A DISTANCE OF 165.75 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE CONTINUING N 88 15'27" W A DISTANCE OF 40.00 FEET; THENCE N 01 44'33" E A DISTANCE OF 30.00 FEET; THENCE S 88 15'27" E A DISTANCE OF 40.00 FEET; THENCE S 01 44'33" W A DISTANCE OF 30.00 TO THE POINT OF BEGINNING CONTAINS 1200 SQUARE FEET OR 0.028 ACRES MORE OR LESS. END OF DESCRIPTION.
CONDITIONS:
1) The commercial communication monopole tower shall not exceed a height of 150 feet.
2) The monopole tower and appurtenances shall be installed according to manufacturers specifications using sound engineering and safety practices.
3) The building permit application shall include an engineering report specifying the following information:
a. Detailed structural plans for the tower signed and sealed by a Missouri Registered Engineer; and
b. Engineer's certification that anticipated levels of electro magnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) on the antenna, shall be within the guidelines established by the Federal Communications Commission (FCC).
4) The access driveway to compound area will need to be concrete surface, 8 inches thick within right-of-way and 4 inches thick outside of right-of way (property line to compound area).
5) 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.
6) A Notice of Proposed Construction or Alteration of Objects that may effect the Navigable Airspace must be filed with the Federal Aviation Agency (FAA). Information regarding the disposition of the FAA Notice will be submitted subsequent to application for a building permit.
7) The tower shall be structurally designed so that at least four users would be allowed space on the tower. The applicant shall make a good faith effort to offer space to emergency services such as the Jackson County Sheriff's department. The County Legislature shall have the right to revoke the conditional use permit if such offering is not made.
8) The tower shall be a galvanized finish or painted gray or light blue unless other standards are required by the Federal Aviation Agency.
9) The tower shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Agency.
10) Any antenna or tower 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.
Section 2. The Legislature, pursuant to the application of Nextel Communications, (CU-99-042), requesting approval embodied in this ordinance and with notice that the Jackson County Planning Commission, by a 5 to 3 vote, failed to recommend approval of this application in a public hearing on May 20, 1999, does adopt this ordinance pursuant to the Jackson County Charter authorizing the Legislature to exercise legislative power pertaining to planning and zoning...Attorney
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
____________________________ ________________________________
County Counselor
I hereby certify that the attached Ordinance, Ordinance #2918 introduced on June 14, 1999, was duly passed on ________July 6_____________, 1999 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______6________ Nays _______0_______
Abstaining _____0______ Absent _____3_______
This Ordinance is hereby transmitted to the County Executive for her signature.
________________________ _________________________________
Date Mary Jo Brogoto, Clerk of Legislature
I hereby approve the attached Ordinance #2918.
_______________________ __________________________________
Date Katheryn J. Shields, County Executive