File #: 3491    Version: 0 Name: zoning - Aquila Inc.
Type: Ordinance Status: Passed
File created: 5/3/2004 In control: Land Use Committee
On agenda: 5/3/2004 Final action: 6/7/2004
Title: AN ORDINANCE granting a conditional use permit (CUP) in District A (Agricultural) for a period of ninety-nine (99) years to construct a 161 KV electrical transmission line as to a certain 3 ± acre tract.
Indexes: ZONING

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

AN ORDINANCE granting a conditional use permit (CUP) in District A (Agricultural) for a period of ninety-nine (99) years to construct a 161 KV electrical transmission line as to a certain 3 ± acre tract.

 

Intro

ORDINANCE # 3491,    May 3, 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 ninety-nine (99) years for the construction of a 161 KV electrical transmission line as to a parcel of land approximately ½ mile east of Buckner Tarsney Road on the south side of R.D. Mize Road generally along the east property line of the tract addressed 33211 R.D. Mize Road described as follows:

Description: The East 100 feet of the Northwest quarter of the Southeast quarter of Section 2, Township 48, Range 30, in Jackson County, Missouri more particularly described as follows: Beginning at the Northeast corner of the Northwest quarter of the Southeast quarter of said Section 2; thence South 01 degrees 49 minutes 01 seconds West along the East line of the Northwest quarter of the Southeast quarter of Section 2 a distance of 1322.28 feet to the Southeast corner of the Northwest quarter of the Southeast quarter of said Section 2; thence South 88 degrees 05 minutes 52 seconds West along the South line of the Northwest quarter of the Southeast quarter of said Section 2 a distance of 100.00 feet; thence North 01 degrees 49 minutes 01 seconds East along a line being 100.00 feet west of and parallel to the East line of the Northwest quarter of the Southeast quarter of said Section 2 a distance of 1322.03 feet to a point on the North line of the Northwest quarter of the Southeast quarter of said Section 2; thence South 88 degrees 14 minutes 23 seconds East along the North line of the Northwest quarter of the Southeast quarter of said Section 2 a distance of 100.00 feet to the point of Beginning. Containing 132.215 square feet or 3.035 acres. Except that part in Road.

Section 2.  The conditional use permit granted by this Ordinance is subject to the following condition:                     

 

1. The south 200 feet of the transmission line easement shall be kept in its natural foliage.

 

 

Section 3.  The Legislature, pursuant to the application of Aquila, Inc. (CU-2004-178), requesting approval embodied in this Ordinance and with notice that the Jackson County Plan Commission  voted 6-1 to recommend approval of this application in a public hearing on April 15, 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

 

                     I hereby certify that the attached Ordinance, Ordinance # 3491 introduced on May 3, 2004 was duly passed on _____June 7________________, 2004 by the Jackson County Legislature.  The votes thereon were as follows:

 

 

                     Yeas ______7_________                                                               Nays ______0________

 

                     Abstaining _____0______                                                               Absent _____2_______

 

 

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 # 3491.

 

 

_______________________                                          __________________________________

Date                                                                                                                              Katheryn J. Shields, County Executive