File #: 3868    Version: 0 Name: Granting conditional use permit (Neely)
Type: Ordinance Status: Passed
File created: 1/16/2007 In control: Land Use Committee
On agenda: 1/16/2007 Final action: 1/29/2007
Title: AN ORDINANCE granting a conditional use permit in District A (Agricultural) for a period of 5 years to operate a group residential quarters rehabilitation facility on 11 ± acres.
Indexes: USE PERMIT
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

Title
AN ORDINANCE granting a conditional use permit in District A (Agricultural) for a period of 5 years to operate a group residential quarters rehabilitation facility on 11 ± acres.

Intro
ORDINANCE #3868, January 16, 2007


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 five (5) years to operate a group residential quarters rehabilitation facility on 11± acres, described as follows:
The 11 ± acres are generally located ¼ ± mile east of Buckner Tarsney Road on the north side of R.D. Mize Road and specifically described as:

Beginning at the Southeast corner of the Southeast Quarter of the Northwest Quarter of Section 2, Township 48, Range 30, in Jackson County, Missouri; thence North 90 degrees 00 minutes West, 208.27 feet; thence North 0 degrees 00 minutes East, 1,291.07 feet to a point on the North line of said Quarter Quarter Section; thence North 89 degrees 54 minutes 38 seconds East along the North line of said Quarter Quarter Section, 214.28 feet to the Northeast corner of said Quarter Quarter Section; thence continuing North 89 degrees 54 minutes 38 seconds East, 158.90 feet; thence South 0 degrees 00 minutes West, 1,291.65 feet to a point on the South line of the Southwest Quarter of the Northwest Quarter of said Section 2; thence North 90 degrees 00 minutes West along the aforesaid South line, 164.91 feet to the point of Beginning except that part in roads aka 33204 R.D. Mize Road.

Section 2. The conditional use permit granted by this ordinance is subject to the following conditions:
The facility shall be used for treatment of alcohol abusers only, and not for treatment of abusers of other illegal substances.


The occupant load for the residential, alcohol only, rehabilitation facility shall be twelve (12) residents or less.

There shall be no commercial activity on-site.

There shall be no on-premise sign allowed for either identification or advertisement purposes.

A Jackson County Certificate of Occupancy for an R-4 Residential Care Facility shall be required.

The facility will not knowingly provide medical detoxification treatment, invasive medical or surgical procedures, or accept persons requiring detention against their will.

The facility shall not allow alcohol or illegal drug use on the premises and will not serve as a halfway house for individuals who are coming directly out of a facility of incarceration for crimes committed.

Section 3. The Legislature, pursuant to the application of Charles Neely (CU-2006-194), requesting approval embodied in this ordinance and with notice that the Jackson County Plan Commission unanimously recommended approval of this application in a public hearing on December 21, 2006, 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 #3868 introduced on January 16, 2007, was duly passed on January 29, 2007 by the Jackson County Legislature. The votes thereon were as follows:


Yeas _______9________ Nays ______0________

Abstaining ___0________ Absent _____0_______


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 #3868.


_______________________ __________________________________
Date Michael D. Sanders, County Executive