ORDINANCE NO. 080365
Rezoning an area of approximately
6 acres generally located on the southeast corner of N.E. Parvin Road and N. Jackson Avenue from District CP-2 to District CP-3. (7503-CP-8)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly
known as the Zoning Ordinance, is hereby amended by enacting a new section to
be known as Section 80-11A0799, rezoning an area of approximately 6 acres
generally located on the southeast corner of N.E. Parvin Road and N. Jackson Avenue from District CP-2 (Local Planned Business Center) to District CP-3 (Regional Pla nned Business Center), said section to read as follows:
Section 80-11A0799. That an area
legally described as:
TRACT
2: A tract of land in the Northwest Quarter of Section 8, Township 50, Range
32, in Kansas City, Clay County, Missouri, being bounded and described as
follows: Beginning at the Northwest corner of the Southwest of the Northwest
of said Section 8; thence South 89 degrees 31 minutes 02 seconds East along
the North line of the Southwest of the Northwest of said Section 8, 58.5 feet;
thence South 0 degrees, 51degrees, 51 minutes, 43 seconds West and parallel to
the West line of said Northwest 352.93 feet (352.83 feet deeded) to the true
point of beginning of the tract to be herein described, said point being also a
point on the Southerly right of way line of Parvin Road, as now established;
thence North 89 degrees 33 minutes 03 seconds East along said right of way
22.92 feet; thence North 47 degrees, 48 minutes, 36 seconds east along said
right of way line 63.63 feet; thence Northeasterly along said right of way line
63.63 feet; thence Northeasterly along said right of way line on a curve to a
left having a radius of 676.62 feet, an arc distance of 582.14 feet; thence
South 0 degrees 52 minutes 45 seconds, west 767.15 feet; thence South 85
degrees 02 minutes 55 seconds west 622.74, thence North 0 degrees 51 minutes 43
seconds east parallel to the West line of the Northwest of said Section 8,
661.35 feet to the point of beginning.
EXCEPT
a tract of land located in the Southwest Quarter of the Northwest Quarter of
Section 8, Township 50 North, Range 32 West of the 5th Principal Meridian,
Kansas City, Clay County, Missouri, being more particularly described as
follows: Commencing at the Southwest corner of said Northwest Quarter; thence
North 00 degrees 56 minutes 45 seconds East along the West line of the
Southwest Quarter of said Northwest Quarter a distance of 590.94 feet; thence
South 89 degrees 03 minutes 15 seconds East a distance of 58.5 feet to the
Point of Beginning of the tract of land to be described; thence continuing
South 89 degrees 03 minutes 15 seconds East a distance of 618.62 feet; thence
South 00 degrees 42 minutes 25 seconds West a distance of 220.35 feet; thence
South 85 degrees 07 minutes 57 seconds West a distance of 622.74 feet; thence
North 00 degrees 56 minutes 45 seconds East a distance of 283.42 feet to the
Point of beginning; EXCEPT that part in roads, if any.
AND
EXCEPT all that portion located in Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri.
is hereby rezoned from District
CP-2 (Local Planned Business Center) to District CP-3 (Regional Planned
Business Center), all as shown outlined on a map marked Section 80-11A0799,
which is attached hereto and made a part hereof, and which is hereby adopted as
a part of an amendment to the zoning maps constituting a part of said chapter
and as an amendment to Section 80-11 thereof.
Section B. That
a development plan for the area legally described above is hereby approved,
subject to the following conditions:
1.
That the developer submit a traffic study at the time of the final plan
for Phase III (southwest corner of N.E. Parvin Road and N. Jackson Avenue) and
make such improvements as recommended by the traffic study and as required by the
Public Works Department.
2.
That the developer construct all driveways to meet the City's
intersection sight distance standards.
3.
That the developer dedicate additional right of way for N. Jackson
Avenue as required by Development Services so as to provide a total of 60 feet
of right of way for N. Jackson Avenue.
4.
That the developer improve N. Jackson Avenue to collector street
standards as required by Development Services, including construction of curb,
gutter and sidewalks and installation of streetlights.
5.
That the developer dedicate additional right of way for primary arterial
with a bike lane as required by Development Services so as to provide a minimum
of 56 feet of right of way as measured from the centerline of N.E. Parvin Road.
6.
That the developer cause the area to be platted and processed in
accordance with Chapter 66, Code of Ordinances of the City of Kansas City,
Missouri, commonly known as the Subdivision Regulations.
7.
That the developer submit plans for grading and siltation and erosion
control to Development Services for approval prior to beginning any
construction activities.
8.
That the developer secure a land disturbance permit from Development
Services prior to beginning any construction, grading, clearing or grubbing
activities, if the disturbed area equals or exceeds one acre.
9.
That the developer secure a floodplain certificate if any grading is to
occur within a floodplain as required by Development Services.
10.
That the developer extend water mains as required by the Water Services
Department.
11.
That the developer extend sanitary sewers as required by Development
Services.
12.
That the developer install hard surface roads and provide for fire
protection as required by the Fire Department prior to construction beyond
foundations.
13.
That the developer submit an update to the previously accepted macro
storm drainage study for the overall development to address the development
amendments along with a detailed micro study for review and acceptance prior to
clearance of the next plat and make necessary improvements as required by
Development Services.
14.
That the developer subordinate to the City all private interest in the
area of any right-of-way dedication as required by Development Services, and
that the developer be responsible for all costs associated with subordination
activities.
15.
That the developer secure permits to construct new, repair existing or
reconstruct sidewalks, curbs, gutters, storm sewers, and streetlights as
necessary along all development street frontages, or submit a letter from a
Missouri licensed civil engineer stating that the sidewalks, curbs, and gutters
are in a good state of repair and meet the requirements set forth in Chapters
56 and 64, Code of Ordinances, as required by Development Services, prior to
recording the plat.
16.
That the developer submit covenants, conditions and restrictions to
Development Services for approval by the Law Department for the maintenance of
private open space and enter into a covenant agreement for the maintenance of
any stormwater detention area tracts.
17.
That the developer submit a final plan to the City Plan Commission for
approval, including plans for grading, building elevations, landscaping,
screening, berming, signage, lighting and photometric study showing zero
footcandles at the lot lines.
A copy of said development plan
is on file in the office of the City Clerk with this ordinance and is made a
part hereof.
Section C. That
the Council finds and declares that before taking any action on the proposed
amendment hereinabove, all public notices and hearings required by the Zoning
Ordinance have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary, City
Plan Commission
Approved as to
form and legality:
___________________________________
M. Margaret
Sheahan Moran
Assistant City Attorney