HomeMy Public PortalAboutORD14183 • BILL NO. 2006-157
SPONSORED BY COUNCILiMAN LAYTON
ORDINANCE NO. / #-/ y-3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A MAJOR
AMENDMENT TO THE FINAL PUD PLAN FOR PART OF LOT 9 OF MEDICAL PARK
SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI, LOCATED AT 1303
EDGEWOOD DRIVE.
WHEREAS, John Sennott, owner of the real estate hereinafter described, having submitted to
the City Council a Major Amendment to the Final PUD Plan of said real estate,
being located in Jefferson City, Cole County, Missouri, and more particularly
described as follows: Lot No. 9 of Medical Park Subdivision, in the City of
Jefferson, Missouri, per plat of record in Plat book 11, Page 32, Cole County
Recorder's Office. EXCEPT that part of Lot No. 9 of Medical Park Subdivision,
conveyed to Family Mental Health Center, by deed of record in Book 311, Page
937, Cole County Recorder's Office; property addressed as 1303 Edgewood Drive;
containing 0.67 acres.
WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning have in
all matters been complied with, as said property owners submitted to the Planning
and Zoning Commission and City Council a Major Amendment to the Final PUD
• Plan for the above referenced property.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
SECTION 1. The Major Amendment to the Final PUD Plan submitted by John Sennott on
file as Case No. P07008 in the Jefferson City Planning Division, for a 100-foot telecommunications
tower, and associated fencing and landscaping is hereby approved for the above land referenced
herein.
SECTION 2. Approval is made subject to the following conditions: (1) Indication that a future
carrier will modify the fencing and landscaping in order to match the existing site plan.
SECTION 3. Common Areas and Public Land. No common areas are proposed and no
lands are dedicated to public use with this PUD Plan.
SECTION 4. Access: The site will obtain access from Edgewood Drive via easement
through an existing paved parking lot.
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• SECTION 5. This ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: Approved: 1-*9L/ a
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• 2
• PUBLIC HEARING NOTICE
Major Amendment to Final PUD Plan - 1303 Edgewood Drive
The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, April 16,
2007 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider a Major Amendment to the Final PUD Plan for the tract described
herein:
Section 1. The subject property is addressed as 1303 Edgewood Drive and is described
as Lot No. 9 of Medical Park Subdivision, in the City of Jefferson, Missouri, per plat of record in
Plat book 11, Page 32, Cole County Recorder's Office. EXCEPT that part of Lot No. 9 of Medical
Park Subdivision, conveyed to Family Mental Health Center, by deed of record in Book 311, Page
937, Cole County Record's Office, containing 0.67 acres.
Section 2. The purpose of the public hearing is to hear an application for a Major
Amendment to a Final PUD Plan to construct a 100 foot tall telecommunications tower, and
associated fencing and landscaping. The application was filed by John Sennott, property owner.
The complete application is on file as Case No. P06008 and is available for inspection during
regular business hours at the Department of Community Development, Planning Division, Room
120, John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri.
Phyllis Powell, City Clerk, City of Jefferson, Missouri
P.T. - Friday, March 30, 2007
Dept of Community Development/Planning Division; 320 East McCarty Street, Room 120;
• Jefferson City, Missouri 65101; Contact: Anne Stratman; phone 573.634.6475
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1303 Edgewood Drive
Major Amendment to a Final PUD Plan
`'�.. for a telecommunications tower
APPLICATION FOR AMENDMENT TO FINAL PUD PLAN
Date Received
City of Jefferson -Planning Division
Department of Community Development
320 East McCarty Street
Jefferson City, Missouri 65101
Phone(573)634-6410 Fax(573)634-6457
The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson,
Missouri, for an AMENDMENT to the approved Final PUD Plan for the following property:t
Project Name: `! t C Jtd t'u g f eVIA 4
Project Address: "303 e c)C - •2. I
Describe Amendment: Carsi /G� ,p , is5 io Oulyl j
Please attach the following: tJY a �e� -tower l��F� U
(a) Typed project narrative describing, in detail,the requested amendment, including affected area in
square feet. Include project name and location on the project narrative sheet. If the amendment is for
signage, include a copy of the sign detail.
(b) Rendering or site plan drawing of affected area and proposed change, if applicable.
(c) Filing fee (see instructions): Major: $200+$20 per acre. Minor:$100
Applicant Information:
Property Owner Name: v oriri J��no�
Address 30---3 Mr, o r've,
Fe-rs0� L1 O S/O
Phone Number(s): 1 "c e- : 5 3 3 --
Consultant(Attacp Project/Applic nt In orrn do Sheet' o spa a 's necessary)
Name: v �- 'V iSo L L C
Address: /,R
o O 310.5-
Phone Number(s): j'/ ) ' a 36 S�'—2.72 ''
The attached information accurately represents all of the changes proposed for this project.
7opeQwnerSignature Printed Name Date
�ou Tanuacv lI X00
Applican Signature Printed Name Date
For City Use Only:
Major Amendment: Referred to Planning and Zoning Commission `1 7 2W r j
❑ Minor Amendment ..__.
❑ List Previous Case Numbers:
❑ Previous Testimony? -From persons at any prior public meeting (Such persons shall be notified of
the proposed amendment a minimum of seven days prior to taking any action on the request.)
❑ Department Decision
Denied/ Approved/Conditionally Approved on this day of
List any conditions
Signed/Title
Application Filing Fee Received- Cash(indicate receipt# ) _Check(check# )
Attachments: Narrative Map Applicant/Project Information Sheet
Paoe 1 of 2 812002
• February 21, 2007
TO: Eric Barron, Senior Planner
FROM: Mike Douchant, Dolan Realty Advisors, an agent for Verizon
RE: Narrative for proposed cell tower in a PUD zoned district
Attached is a network map depicting nine locations Verizon has sought over the
last year to attempt to provide Jefferson City and the immediate area with exceptional
wireless coverage.
Most of these nine sites were located outside city limits. Only three of the nine
required any review or permitting by Jefferson City. One of these three sites needing a
building permit from Jeff City was a collocation at an existing Roberts Tower at 3105
Ten Mile Drive. One of the other two Jeff City-driven sites was approved via a CUP as a
100-foot flag pole at the Knights of Columbus at 1822 Tanner Bridge Road. Verizon, in
order to complete this market expansion and not have a"hole" in its coverage, seeks to
erect a comparable flag pole for the ninth and final site at the Professional Therapy
Center at 1303 Edgewood Drive.
• The proposed disguised support structure off Edgewood is located in a PUD
(Planned Unit Development) zoned district, requiring the submittal of a Major
Amendment to the PUD Plan for consideration by the Planning and Zoning Commission
and City Council. Verizon originally sought to replace an existing tower at Capital
Region's facility on Edgewood but extensive negotiations ended because hospital
officials were concerned about a longstanding property line dispute with an adjacent
landowner. Verizon also approached the city about property west on Stadium Boulevard
down the hill toward Capital Quarry but those prospects didn't pan out.
Just like the flag pole at the Knights of Columbus, the proposed flag pole at
Professional Therapy Center will be structurally sound enough to hold multiple carriers.
Propagation maps showing RF analysis of the area before and after the placement of this
tower and placement of a smaller tower(70 feet) are forthcoming.
Following are some additional written responses that should be of interest:
*Verizon assessed trying to collocate on an American Tower in the business
complex off Creek Trail Drive,but it already had three carriers with minimal room for
equipment and the available centerline didn't come close to meeting coverage objectives
(photos available upon request).
*As previously cited, the proposed pole at Professional Therapy Center will be of
stealth design which will reduce any visual degradation and should not substantially
• detract from the aesthetics of the nearby area.
*Extensive efforts in conjunction with the landlord have been undertaken to
• design a compound with landscaping, decorative fence and bricked equipment shelter to
match nearby building and blend in with the character and environment of the area.
*Verizon understands that it will need to duplicate the process and be in
conformance with all applicable standards as it did with the site at Knights of Columbus
in order to secure a building permit.
*Also attached is a study evaluating whether the proposed cell site would create
any adverse effect on navigable airspace.
Verizon appreciates the feedback it has received from Jefferson City's community
development department along the way in submitting this proposal. We shall look
forward to continuing to work with you and welcome your input. Don't hesitate to
contact us with any suggestions or comments.
Sincerely,
Mike Douchant
Dolan Realty Advisors, LLC
7718 Forsyth Boulevard
• Clayton, MO 63105
Office: (314) 726-2610
Cell: (636) 448-9233
Fax: (314) 726-1821
•
Ken P.-anQn�uDon
•
Aimpaeo Conguffing. Inc.
www.aarspaee—ken.com
Site ID:Stadium Blvd.(JFC) December 14,2006
Notice to the FAA is Required
To Whom It May Concern:
On December 14,2006,1 personally conducted an evaluation of a proposed telecommunications site
for Dolan Realty Advisors,LLC.. The study was to determine if the proposed structure would create
any adverse effect on navigable airspace.The site is located in Jefferson City,Missouri at 38°33'58"
North and 920 12'10"West(NAD 83).The site elevation from the topo map is approximately 780'
above mean sea level(AMSL).The proposed structure height is 100'above ground level(AGL)or
880'AMSL.Part 77 of the Federal Au-Regulations and Part 17 of the FCC Rules and Regulations
were used as the primary reference for this evaluation.
The closest public use or DOD runway is Runway 09 at Jefferson City Memorial Airport.The distance
to the runway is 2.3 5 nautical miles on a true bearing of 230.62°from the runway edge.
• The proposed 100'AGL(880'AMSL)structure would exceed FAR Part 77.13(a)(2)(1)and exceed
the FCC Part 17 notice slope by it's total height.Notice of Proposed Constriction or Alteration Form
7460-1 must be filed with the FAA and a favorable FAA determination must be received prior to
beginning construction.
Marking and/or lighting should not be required. The FAA should approve the proposed structure
without conducting an extended study.
AM broadcast stations and private use landing facilities are not a factor for this site.For additional
information or questions about this study,contact my office anytime.
Sincerely,
t I ew-*-a
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Ken Patterson
• 141 Massengale Road, Brooks, GA 30205
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1303 Edgewood Drive
Major Amendment to a Final PUD Plan
for a telecommunications tower
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John Landwehr
City of Jefferson A Mayor
• Department of Community Development Patrick E. Sullivan, P.E.; Director
320 East McCarty Street Phone: (573)634-6410
Jefferson City, Missouri 65101 25 Fax: (573)634-6457
March 1, 2007
Dear Property Owner:
This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15
p.m. on Thursday, March 8, 2007 in the Council Chambers of the John G. Christy Municipal Building,
320 East McCarty Street, to consider the following matter(see map on back):
Case No. P07008 — 1303 Edgewood Drive; Major Amendment to the Final PUD
Plan. Request filed by John Sennot, property owner, for approval of a Major
Amendment to a PUD Plan to build a 100 foot tall cellular tower. The 0.67 acres of PUD
zoned property is located on Edgewood Drive approximately 350 feet south of Stadium
Boulevard and consists of part of Lot 9 of Medical Park Subdivision, Jefferson City, Cole
County, Missouri.
As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately,
written comments may be directed
we are unable to record comments received b telephone, however, w
Y P Y
to the Planning and Zoning Commission in one of the following ways:
e-mail: jcplanning @jeffcitymo.org
fax: Dept. of Community Development/ Planning Division 573-634-6457
• mail: Dept. of Community Development/ Planning Division
John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101
Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the
official record and copied and distributed to Commission members at the meeting. Those unable to
provide written comments in advance are invited to deliver their comments to the Commission
Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official
record, but there is no guarantee that copies will be made for distribution to all Commission members.
For your information, this case is tentatively scheduled for a public hearing in front of the City Council
on April 16, 2007. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy
Municipal Building, 320 East McCarty Street.
If you have any questions concerning this matter, please feel free to contact us at 573.634.6475.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Eric Barron, AICP
Senior Planner
• [ity�of.....
u
„ e erson �� ��
COMMUNITY DEVELOPMENT "bUdding a bette.r corririlunity"
Jefferson City Planning&Zoning Commission
Property Owners List
Case No. P07008 1303 Edgewood Drive March 8, 2007
• Voeu & Seang Heng James &Joanne Royer
1813 Stadium Boulevard 2623 Schellridge Road
Jefferson City, MO 65109 Jefferson City, MO 65109
1813 Stadium Boulevard 1811 Stadium Boulevard
Steven Huber John Sennott, III
1300 Edgewood Drive 2080 Honeysuckle Lane
Jefferson City, MO 65109 Jefferson City, MO 65109
1300 Edgewood Drive 1303 Edgewood Drive
Gayla Fields Leroy Pathways Community Behavioral
Paula& Hibberg, Harriet Findlay Healthcare
c/o Gayla Leroy 1905 Stadium Boulevard
1809 Stadium Boulevard Jefferson City, MO 65109
Jefferson City, MO 65109
1809 Stadium Boulevard Roberts Wireless Communications
1309 Edgewood Drive
Memorial-Still Regional Medical Center Jefferson City, MO 65109
PO Box 1128
Jefferson City, MO 65102
Edgewood Drive
1310 Edgewood Drive
• Memorial Drive
Pathways Community Behavioral
Healthcare, Inc.
PO Box 507
Clinton, MO 64735
1905 Stadium Boulevard
Roberts Communications Properties,
LLC
1408 N. Kingshighway, Suite 300
St. Louis, MO 63113
1309 Edgewood Drive
Rowan Resources, LP
430 Virginia Trail
Jefferson City, MO 65109
1312 Southwest Boulevard
1314 Southwest Boulevard
•
PLANNING STAFF REPORT(Revised)
JEFFERSON CITY PLANNING AND ZONING COMMISSION
March 8,2007
Case No.P07008—1303 Edgewood Drive;Major Amendment to the Final PUD Plan. Request filed by
John Sennot, property owner, for approval of a Major Amendment to a PUD Plan to build a 100 foot tall
cellular tower. The 0.67 acres of PUD zoned property is located on Edgewood Drive approximately 350 feet
south of Stadium Boulevard and consists of part of Lot 9 of Medical Park Subdivision, Jefferson City, Cole
County, Missouri.
Notification
By publication in the newspaper, by letter to adjacent and affected property owners within 185 feet, and by
posting a sign on the property.
Nature of Request
The applicant requests approval of a Major Amendment to the PUD Plan to allow the construction of a 100
foot tall telecommunications tower and accompanying equipment shelter.
Location
The 0.67 acre parcel is located approximately 350 feet south of the intersection of Stadium Boulevard and
Edgewood Drive. The proposed cellular tower and equipment shelter would be located in the north-eastern
corner of the property, inside a leased area consisting of a 20' X 40' parcel(800 sq ft).
Surrounding Zoning &Land Use
The subject property is currently being used as a medical office and is zoned PUD. Zoning to the east is RS-2
Single Family Residential and a single family home is located approximately 102 feet from the proposed
cellular tower. Zoning to the north,west, and south is PUD and consists of office developments.
Access/Traffic
The site will obtain access from Edgewood Drive via an existing paved parking lot. A 20' wide access
easement would ensure access to the leased area.
Staff Analysis
Design and Appearance. New towers are required to be monopoles with galvanized steel finish, or to be
painted a neutral color. Towers, antennas and equipment shelters should be sited and designed to maximally
reduce visual degradation and blend into the character of the neighborhood. The equipment shelter would have
a brick finish to match the adjacent doctors office building.
Tower Height. The proposed tower would be a 100 foot flagpole design.
Co-location. New towers over 70 feet must have the capacity to accommodate one additional carrier or
provider. The applicant states in its narrative that the new tower will be structurally sound enough to hold
multiple carriers' and the site plan depicts an equipment shelter site for one additional carrier.
Setbacks. As a tower designed for co-location, the applicable setbacks are those of the C-O base zoning
district(20' in the rear and 10' from the side). The proposed tower will set back 30 feet from the rear property
line and 17 feet from the side property line. The proposed equipment shelter will be located approximately 25
feet from the rear property line. A proposed location for a future carrier is shown 10 feet from the side
• property line.
Planning and Zoning Commission March 8,2007
Case No. P07008 Page 2
• Separation from Residential Dwellings. Towers designed for co-location are required to be separated from
nearby residential dwellings by a distance of at least the height of the tower. In this case,the proposed tower
would be located approximately 102 feet from the existing residential dwelling to the northeast.
Use of Existing Towers. There are no existing cellular towers within 1,500 feet of the proposed tower.
Separation. New monopole towers 75 feet in height or greater are required to be separated from existing
towers by 1,500 feet or more. There are no existing towers within 1,500 feet of the proposed tower.
Fencing and Screening. The site plan indicates a 6 foot tall black aluminum fence around the tower and
equipment shed. Screening would be provided by sixteen 5 foot tall evergreen trees.
Safety Standards. A preliminary airspace study report has been submitted. A final airspace obstruction
analysis report including FAA Form 7460-1 will need to be submitted prior to the rezoning case being placed
on the City Council Agenda. Structural integrity of the structure is certified by the engineer's signature and
seal on the site plan and upon other plans provided.
Equipment Shelter(s). The site plan indicates one equipment shelter will be located on the site. A site for a
future carrier is also shown on the site plan but is outside the fenced and landscaped area.
Parking.
Parking for the tower would be provided by the existing parking lot.
• Staff Recommendation
The substantive requirements of the City's telecommunications ordinance have been met, however, future
expansion possibilities are limited to one additional carrier. The equipment shelter site designated for a future
carrier is located outside the fenced/landscaped area and it is evident that there could have been more planning
with respect to co-location possibilities on the site. The ability to co-locate multiple carriers on a single cellular
tower is a key requirement of the Zoning Code.
The Planning and Zoning Commission shall consider the information presented by the applicant and determine
if approval of the cell tower would conflict with the purposes of this Section,would create a blight on adjacent
property, or.would interfere with adjacent uses.
Staff recommends the following conditions be attached to the Planning and Zoning Commissions
Recommendation to the City Council.
1. Indication of the size of the flag to be flown and details for its required illumination.
2. Indication of the responsible party regarding maintenance of the flag.
3. Submission of FAA Form 7460-1 prior to introduction to City Council.
4. Show fencing and evergreen trees around the future carriers site to be installed with the construction
of the future carriers equipment shed.
•
(2) Co-location or Installation.
(a) Any permittee whose tower in excess of 70 feet which is constructed after
the effective date of this Section and which has been built in accordance
with setbacks and special conditions granted to towers with co-location
capabilities under this Article, and which contains additional capacity for
installation or co-location of telecommunications facilities as demonstrated
at the time the application for construction was granted, shall agree to allow
other persons to install or collocate telecommunications facilities on such a
tower subject to reasonable terms and conditions negotiated between the
parties, including the suitability of the proposed tenant, the credit record and
technical abilities of the proposed tenant. For the purpose of co-location of
antennas, a legal non-conforming tower may be used. However,in no event
shall a permittee be required to allow co-location of facilities if to do so
would result in a technical interference with the delivery of permittee's
service. Failure to permit co-location or joint use on a tower which has been
built in accordance with setbacks and special conditions permitted for
towers designed for co-location may result in any enforcement action as
permitted in Article VII of this Code following a public hearing.
(b) Failure to comply with the provisions of this Section constitutes a material
violation of paragraph 4 of this Section of this Ordinance.
•
A Federal Aviation Administration Aeronautical Study No.
Air Traffic Airspace Branch, ASW-520 2007-ACE-464-OE
° ® 2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 03/25/2007
Robert Guntel
Verizon Wireless (VAW) LLC
1120 Sanctuary Pkwy
Alphretta, GA 30004
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has completed an aeronautical study under
the provisions of 49 U.S.C. , Section 44718 and, if applicable, Title 14 of the
Code of Federal Regulations, part 77, concerning:
Structure: Antenna Tower
Location: Jefferson City, MO
Latitude: 38-33-58.19 N NAD 83
Longitude: 92-12-6 .58 W
Heights: 120 feet above ground level (AGL)
889 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction
standards and would not be a hazard to air navigation provided the following
condition(s) , if any, is (are) met:
® Based on this evaluation, marking and lighting are not necessary for aviation
safety. However, if marking and/or lighting are accomplished on a voluntary
basis, we recommend it be installed and maintained in accordance with FAA
Advisory Circular 70/7460-1 K Change 2.
This determination expires on 09/25/2008 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of
the Federal Communications Commission (FCC) and an
application for a construction permit has been filed, as
required by the FCC, within 6 months of the date of this
determination. In such case, the determination expires on
the date prescribed by the FCC for completion of
construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is based, in part, on the foregoing description which
includes specific coordinates, heights, frequency(ies) and power. Any changes
in coordinates, heights, and frequencies or use of greater power will void this
determination. Any future construction or alteration, including increase to
heights, power, or the addition of other transmitters, requires separate notice
to the FAA.
® This determination does include temporary construction equipment such as cranes,
derricks, etc. , which may be used during actual construction of the structure.
However, this equipment shall not exceed the overall heights as indicated above.
Page 1
, Equipment which has a height greater than the studied structure requires
separate notice to the FAA.
• This determination concerns the effect of this structure on the safe and
efficient use of navigable airspace by aircraft and does not relieve the sponsor
of compliance responsibilities relating to any law, ordinance, or regulation of
any Federal, State, or local government body.
A copy of this determination will be forwarded to the Federal Communications
Commission if the structure is subject to their licensing authority.
If we can be of further assistance, please contact our office at (817) 838-1995.
On any future correspondence concerning this matter, please refer to
Aeronautical Study Number 2007-ACE-464-OE.
Signature Control No: 504188-539281 (DNE)
Alice Yett
Technician
Attachment (s)
Frequency Data
•
•
Page 2
♦ Frequency Data for ASN 2007-ACE-464-OE
• LOW HIGH FREQUENCY ERP
FREQUENCY FREQUENCY UNIT ERP UNIT
806 824 MHz 500 W
824 849 MHz 500 W
851 866 MHz 500 W
869 894 MHz 500 W
896 '901 MHz 500 W
901 902 MHz 7 W
930 931 MHz 3500 W
931 932 MHz 3500 W
932 932 .5 MHz 17 dBW
935 940 MHz 1000 W
940 941 MHz 3500 W
1850 1910 MHz 1640 W
1930 1990 MHz 1640 W
2305 2310 MHz 2000 W
2345 2360 MHz 2000 W
•
•
Page 3
• March 26, 2007
TO: Eric Barron, Senior Planner
FROM: Mike Douchant, Dolan Realty Advisors, an agent for Verizon
RE: Narrative regarding P&Z conditions for proposed cell tower
As a follow-up to the Jefferson City Planning and Zoning hearing on March 8,
following is a narrative responding to conditions outlined by the commission for
Verizon's proposed"flag pole" site at the Professional Therapy Center at 1303
Edgewood Drive..
The dimensions of the flag will be 12' tall by 18' wide and will be included with
updated drawings when filing for a building permit. The attached page from a redlined
copy of a lease negotiated with Verizon's landlord, Dr. John Sennott, shows in clause#7
that Verizon will be responsible for replacement of the flag and light bulbs and other
maintenance of the telecommunications facility.
Just like the flag pole erected by Verizon at the Knights of Columbus on Tanner
Bridge Road, the proposed flag pole at Professional Therapy Center will be structurally
sound enough to hold multiple carriers. Extensive efforts in conjunction with the landlord
. have been undertaken to design a compound with landscaping, decorative fence and
bricked equipment shelter to match nearby building and blend in with the character and
environment of the area. Verizon understands that it, and any subsequent carrier, will
need to duplicate the process and be in conformance with all applicable standards,
including proper landscaping, in order to secure a building permit.
Verizon appreciates the feedback it has received from Jefferson City's community
development department along the way in submitting this proposal. We shall look
forward to continuing to work with you and welcome your input. Don't hesitate to
contact us with any suggestions or comments.
Sincerely,
Mike Douchant
Dolan Realty Advisors, LLC
7718 Forsyth Boulevard
Clayton, MO 63105
Office: (314) 726-2610
• Cell: (636) 448-9233
Fax: (314) 726-1821
7. USE- APPROVALS. LESSEE shall use the Premises for
• the purpose of constructing, maintaining,repairing and operating a communications facility, as
specified in ExhibitAL.and uses incidental thereto. A security fence,as specified in Exhibit B-,
_ _bA
_tp..an approved by LESSOR shall be placed around the.pSn��etSr_of the jk Space at.the t Deleted:YC
44 S4 1- ( 0
a:..,._,,.:,,.. Flo OR not including the access easement). All improvements, equipment,..--
antennas and conduits shall be at LESSEE's expense and their installation shall be at the
discretion and option of LESSEE. LESSEE is responsible for-pr-9,4diag and Enaintaining 14ag ea
th 0 T permitted tower shall be designed for use as a flacrpole LESSEE shall be
cpo b
k-for-the initial cost of the flagpole tower, flag and lighting for the flag,as well as the
ongoing cost of power for such lighting. LESSOR shall monitor the flag and lighting thereof and
shall notify the LESSEE when the flag or lighting reguires maintenance,repair or replacement.
LESSEE 11 obtain all replacement flags,replacement light bulbs and-other maintenance of the
flaa or its J i ting SEE shall be responsible for-all maintenance work on the Tower
may be required. LESSEE shall have the right to replace, repair, add or otherwise modify its
utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over
which the equipment operates, whether the equipment, antennas, conduits or frequencies are
specified or not on any exhibit attached hereto, during the Term; provided, however, that this
sentence shall not in any way excuse LESSEE from complying with the provisions of
Seetie 12 of this Agreement. Before commencing any alterations or modifications to-......-----(Deleted:subsequent
the Property,including but not limited to alterations or modifications to the tower.LESSEE shall
submit plans and specifications to the LESSOR for the LESSOR!s written approval, which
approval shall not be unreasonably withheld,conditioned or delayed. In the event the LESSOR
does not either(i)object to the plans in writing or(ii)furnish the LESSEE with written approval,
within fifteen(15)days of the date of submission of the plans,LESSOR will be deemed to have
approved them. All work to be done by LESSEE shall be preformed in accordance with the
approved plans unless otherwise approved in writing by the LESSOR,which approval shall not
be unreasonably withheld, conditioned or delayed. Within sixty(60) days of the completion of
any construction, maintenance, or repair activities, LESSEE, at its sole cost, shall restore the
Land Space and Premises as close as reasonably possible to the condition they were in prior to
• the commencement of the construction, maintenance, or repair activities.,_Ib is Obligation reasonable asonable wear and tear
_
includes, but is not limited to, the repair of any damage caused by LESSEE to LbLparking lot
located on the Premises. It is understood and agreed that LESSEE's ability to use the Premises is
contingent upon its obtaining after the execution date of this Agreement all of the certificates,
permits and other approvals (collectively the "Governmental Approvals') that may be required
by any Federal, State or Local authorities as well as satisfactory soil boring tests which will
permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE
in its effort to obtain such approvals and shall take no action which would adversely affect the
status of the Property with respect to the proposed use thereof by LESSEE. In the event that(i)
any of such applications for such Governmental Approvals should be finally rejected; (ii) any
Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; (iii) LESSEE determines that such
Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that
any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer
technically compatible for its use, or(vi) LESSEE, in its sole discretion, determines that it will
be unable to use the Premises for its intended purposes,LESSEE shall have the right to terminate
this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR
and Und T case 0+;L96jAgmcm=L=ECP_9iodinm Blvd
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