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 ten (10) years to continue operation of a private aviation field as to a certain 53± acre tract, subject to specified conditions.
Intro
ORDINANCE # 3925, September 4, 2007
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section 1. A conditional use permit (CUP) is hereby approved for a period of ten (10) years, to continue operation of a private aviation field as to a certain tract of land described as follows:
Description:
The 53 ± acres are approximately ¼ ± of a mile north of U.S. Highway 50 on the east side of Ragsdale Road and specifically described as:
Tract 1
That part of the South half of the Southeast Quarter of Section 17 and that part of the Northwest quarter of the Northeast Quarter of Section 20 all in Township 47, Range 29 in Jackson County, Missouri described as follows: Commencing at the Southeast corner of the South half of the Southeast Quarter of Section 17; thence North 89 degrees 36 minutes 20 seconds West along the South line of said South half a distance of 1368.00 feet to the Southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, said point being the true point of beginning; thence North 0 degrees 08 minutes 41 seconds East along the West line of the Southeast Quarter of the Southeast Quarter of Section 17, a distance of 656.00 feet; thence North 6 degrees 52 minutes 49 seconds West a distance of 461.11 feet; thence North 89 degrees 26 minutes 47 seconds West, a distance of 250.00 feet to a point in Ragsdale Road; thence South 27 degrees 15 minutes 09 seconds West along said road a distance of 586.80 feet; thence South 28 degrees 00 minutes 22 seconds West along said road a distance of 478.95 feet; thence South 30 degrees 30 minutes 51 seconds West along said road a distance of 1118.11 feet to the West line of the Northwest Quarter of the Northeast Quarter of said Section 20; thence South 0 degrees 07 minutes 06 seconds East along said West line a distance of 186.29 feet; thence South 89 degrees 36 minutes 20 seconds East a distance of 1367.42 feet to the East line of the Northwest Quarter of the Northeast Quarter of Section 20; thence North 0 degrees 10 minutes 01 seconds West along said East line a distance of 987.29 feet to the point of beginning, except part in road.
Tract 2
That part of the West half of the Northeast Quarter of Section 20, Township 47, Range 29, Jackson County, Missouri, described as follows: Commencing at the southwest corner of the West half of the Northeast Quarter; thence North 0 degrees 07 minutes 06 seconds West along the West line of said West half of the Northeast Quarter of Section 20, a distance of 1388.55 feet to the true point of beginning; thence North 0 degrees 07 minutes 06 seconds West along said West line a distance 326.00 feet; thence South 89 degrees 36 minutes 20 seconds East a distance of 1367.42 feet to the East line of said West half of the Northeast Quarter; thence South 0 degrees 02 minutes 18 seconds East along said East line a distance of 326.00 feet; thence North 89 degrees 36 minutes 19 seconds West a distance of 1366.97 feet to the point of beginning. Except part in roads.
Section 2. The permit granted by this Ordinance is subject to the following conditions:
1. That the aviation field (airstrip) be used for private use and not as a commercial operation.
2. That the aviation field (airstrip) and its support facilities be limited to the owner/operator's two (2) prop airplanes and owner/operator's two (2) ultralights.
3. That the owner/operator may have up to 2 ultralight fly-in events within a calendar year. At such fly-in event, up to twenty (20) transient ultralights may utilize the field at any time. A fly-in event is considered a one day occurrence.
4. That the owner/operator shall notify in writing adjacent property owners and the County Development Division fifteen (15) days prior to a scheduled fly-in event. The notification shall indicate the date and anticipated time the fly-in will start and end.
5. Unless there is an emergency situation or during a scheduled ultralight fly-in event, no other transient aircraft including ultralights shall utilize the private airstrip.
6. That the aviation field shall include all approach and departure paths as necessary to assure a safe and adequate landing and take off area and shall be supplemented by written confirmation from the local airport district of the Federal Aviation Agency.
7. That adequate safety provisions be provided which control or restrict access by the general public to the landing and take off areas.
8. That landing and take off area be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
Section 3. The Legislature, pursuant to the application of Jeanette Lamb, requesting the amendment embodied in this Ordinance and with notice that the Jackson County Plan Commission unanimously recommended approval of this application at a public hearing on August 16, 2007, 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:
____________________________ ________________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3925 introduced on September 4, 2007, was duly passed on September 24, 2007 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______8________ Nays ______0________
Abstaining _____0______ Absent ______1______
This Ordinance is hereby transmitted to the County Executive for his signature.
________________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3925.
_______________________ __________________________________
Date Michael D. Sanders, County Executive