Item Coversheet
City of Independence
BILL NO. 17-003Failed

Agenda Title:

17-003 - 2R. An ordinance approving a Special Use Permit for a wireless telecommunications facility at 19909 E. 39th Street S. in Independence, Jackson County, Missouri.

Commissioner Preston made a motion to recommend approval of the application.  A second to the motion was made by Commissioner Read.  The Independence Planning Commission voted as follows:

Commissioner Kacheroski



Commissioner McClain



Commissioner Ashbaugh



Commissioner Preston



Commissioner Boley



Commissioner Read



Commissioner Ferguson







The motion passed with conditions with a recommendation for approval to be forwarded to the City Council for consideration.  The condition listed below is attached to the Special Use Permit for a wireless communications facility:

1.      Provide evergreens (i.e. cedars) along the north, northwest and east lease area fence.

Staff concurs with the recommendation of the Planning Commission.

Executive Summary:

The applicant requests a Special Use Permit for a 100-foot tall cell tower that will be erected east of the residence at 19717 E. 39th Street S. and south of the Centerpoint Medical Center.  The proposed monopole will set in a 50-foot by 50-foot lease area and lie 100 feet south of the E. 39th Street S. right-of-way at 19909 E. 39th Street S.  The pole and associated equipment will be accessed via an asphalt driveway.  The tower will set adjacent to a wooded area and be surrounded by a 6-foot security fence.


This application is the modification of an earlier request for the western portion of the same lot, but east of the residence and lot located at 19717 E. 39th Street S., around which it wraps.  The earlier proposal would have involved a taller, 150-foot tower erected on ground at a lower elevation further south of the right-of-way.


Planning Commission Action - At its December 20, 2016 meeting, the Planning Commission voted 4-2 to recommend approval of this application after consideration of the following facts:


1. That the Special Use Permit is consistent with the review criteria listed in Section 14-704-09 of the Unified Development Ordinance;

2. That a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard;

3. That there is a single-family use to the west, a medical center to the north and undeveloped properties to the east and south;

4. That the cell tower’s lease area will be accessed via an asphalt drive coming from E. 39th Street S.

5. That the cell tower will be 100 feet in height;

6. That, at the Planning Commission hearing, Dan Storey of Cushman & Wakefield, representing HCA, spoke against the application;

7. That no petitions protesting the application were presented.


Planning Commission minutes are available in the Community Development Department.


Note: A public hearing for this item is scheduled concurrent with the second reading of the ordinance on January 17, 2017. Ordinarily the public hearing would be held at the time of the first reading. Due to an error on the original publication notice, the public hearing must be re-noticed and rescheduled. 

Department:          Community DevelopmentContact Person:          Tom Scannell

City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

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