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Legislation #: 050131 Introduction Date: 2/3/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 16.6 acres generally located on the east side of Missouri Highway 150 at proposed 138th Terrace from District M-1-p to District CP-3. (9690-CP-5)

Legislation History
DateMinutesDescription
2/3/2005 Filed by the Clerk's office
2/3/2005 Referred to Planning, Zoning & Economic Development Committee
2/23/2005 Advance and Do Pass, Debate
2/24/2005 Passed

View Attachments
FileTypeSizeDescription
Maps 0K Plat Map on file with ordinance in City Clerk's office
050131 Mailing LIst.pdf Plan Mailing List 53K Mail List
050131 Document Map.pdf Maps 23K Document Maps
050131.pdf Authenticated 326K Authenticated
publicnotice050111,112,128,130,131.pdf Advertise Notice 49K PUBLIC NOTICE
C009690CP5_Fact Sheet General.doc Fact Sheet 52K Fact sheet
C9690CP5_StaffRept_01_04_05.doc Staff Report 524K Staff report

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ORDINANCE NO. 050131

 

Rezoning an area of approximately 16.6 acres generally located on the east side of Missouri Highway 150 at proposed 138th Terrace from District M-1-p to District CP-3. (9690-CP-5)

 

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 80-11A0612, rezoning an area of approximately 16.6 acres generally located on the east side of Missouri Highway 150 at proposed 138th Terrace from District M-1-p (Light Industry Limited District) to District CP-3 (Regional Planned Business Center), said section to read as follows:

 

Section 80-11A0612. That an area legally described as:

 

All that part of the South one-half of fractional Section 19 and all that part

of fractional Section 30, all in Townships 47 North, Range 33 West, in the

City of Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Northeast corner of the South one-half of said, fractional section 19, thence South 3 degrees 29 minutes 47 seconds West, along the East line of the South one-half of said fractional 19, a distance of 1978.00 feet to the point of beginning; thence

continuing South 3 degrees 29 minutes 47 seconds West, along the East line of the South one-half of said fractional 19, a distance of 660.80 feet to the Northeast corner of said fractional Section 30; thence South 3 degrees 12 minutes 19 seconds West, along the East line of said fractional Section 30, a distance of 254.99 feet to a point on the Northwesterly right-of-way line of Wyandotte Street, as now established; thence along the northwesterly right-of-way line of said Wyandotte Street the following 2 courses; thence Southwesterly along a curve to the left, said curve having a radius of 290.00 feet an initial tangent bearing of South 66 degrees 02 minutes 20 seconds West, an arc distance of 222.43 feet; thence southwesterly along a curve to the right, said curve having a radius of 1597.02 feet and being tangent to the last described course, an arc distance of 270.54 feet (measured) (272.62 feet (Deed)); thence North 86 degrees 3 minutes 22 seconds West (measured) (North 86 degrees 36 minutes 33 seconds East (Deed)), a distance of 183.03 feet to a point on the Easterly right-of-way line of Missouri Highway 150 as now established; thence along the Easterly right-of-way line of said Missouri Highway 150, the following 3 courses; thence North 13 degrees 36 minutes 42 seconds West, a distance of 202.15 feet; thence North 4 degrees 38 minutes 32 seconds West, a distance of 424.43 feet; thence North 2 degrees 43 minutes 12 seconds East, a distance of 715.66 feet; thence South 86 degrees 30 minutes 42 seconds East, a distance of 559.65 feet to the point of beginning and containing 14.760 Acers more or less.

 

And

 

TRACT G: All that part of fractional Section 30, Township 47 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Northeast corner of said fractional Section 30; thence South 3 degrees 12 minutes 19 seconds West (measured) (South 3 degrees 06 minutes 36 seconds West (Deed)), along the east line of said factional Section 30, a distance of 350.01 feet to a point on the southerly right-of-way line of Wyandotte Street, as now established, said point being the Point of Beginning of this description; thence continuing South 3 degrees 12 minutes 19 seconds West (measured) (South 3 degrees 06 minutes 36 seconds West (deed)), along the East line of said fractional Section 30, a distance of 317.07 feet; thence North 86 degrees 39 minutes 22 seconds West (measured) (North 86 degrees 36 minutes 33 seconds West (deed)), a distance of 160.41 feet to a point on the Easterly right-of-way line of said Wyandotte Street; thence along the Easterly right-of-way line of said Wyandotte Street the following 2 courses; thence Northeasterly along a curve to the left, said curve having a radius of 1677.02 feet and an initial tangent bearing of North 30 degrees 19 minutes 40 seconds East, an arc distance of 241.02 feet (measured) (243.32 feet (deed)); thence Northeasterly along a curve to the right, said curve having a radius of 210.00 feet and being tangent to the last described course, an arc distance of 117.38 feet to the Point of Beginning, containing 0.648 acres, more or less.

 

And

 

AREA 1: All that part of Fractional Section 30, Township 47 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Northeast corner of said Fractional Section 30; thence S 0312'19 W, along the East line of said Fractional Section 30, a distance of 254.99 feet, to a point on the Northwesterly right-of-way line of Wyandotte Street, as now established; thence along the Northwesterly right-of-way line of said Wyandotte Street, along a curve to the left, said curve having a radius of 290.00 feet and an initial tangent bearing of S 6602'20 W, an arc distance of 222.43 feet; thence continuing along the Northwesterly right-of-way line of said Wyandotte Street, along a curve to the right, said curve having a radius of 1597.02 feet and being tangent to the last described course, an arc distance of 270.54 feet; thence N 8639'22 W, a distance of 183.03 feet, to a point on the Easterly right-of-way line of Missouri Highway 150, as now established, the Point of Beginning of this description; thence N 8639'22 W, a distance of 52.27 feet; thence N 1336'42 W, a distance of 156.34 feet; thence N 0243'12 E, a distance of 290.32 feet; thence S 8737'17 E, a distance of 7.41 feet, to a point on the Easterly right-of-way of said Missouri Highway 150; thence S 0438'32 E, along the Easterly right-of-way of said Missouri Highway 150, a distance of 249.52 feet; thence continuing along Easterly right-of-way of said Missouri Highway 150, S 1336'42 E, a distance of 202.15 feet, to the Point of Beginning, containing 15,607 square feet, more or less.

 

And

 

AREA 2: All that part of the South one-half of Fractional Section 19 and all that part of Fractional Section 30, all in Township 47 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Northeast corner of the South one-half of said Fractional Section 19; thence S 0329'47 W, a distance of 1978.00 feet; thence N 8630'42 W, a distance of 559.65 feet, to a point on the East right-of-way line of Missouri Highway 150, as now established; thence S 0243'12 E, along the East right-of-way line of said Missouri Highway 150, a distance of 324.03 feet, to the Point of Beginning of this description; thence continuing along East right-of-way line of said Missouri Highway 150, at S 0243'12 E, a distance of 391.63 feet; thence continuing along East right-of-way line of said Missouri Highway 150, at S 0438'32 E, a distance of 174.91 feet; thence Northwesterly along a curve to the right, said curve having a radius of 232.00 feet and an initial tangent bearing of N 4708'21 W, an arc distance of 349.90 feet; thence N 8716'48 W, a distance of 35.61 feet; thence N 0243'12 E, a distance of 225.23 feet; thence N 4806'15 E, a distance of 35.12 feet; thence S 8630'42 E, a distance of 25.00 feet, to the Point of Beginning, containing 26,590 square feet, more or less.

 

And

 

AREA 3: All that part of the South one-half of Fractional Section 19, Township 47 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Northeast corner of the South one-half of said Fractional Section 19; thence S 0329'47 W, along the East Line of the South one-half of said Fractional Section 19, a distance of 1978.00 feet; thence N 8630'42 W, a distance of 559.65 feet, to a point on the East right-of-way line of Missouri Highway 150, as now established, said point being the Point of Beginning of this description; thence continuing at N 8630'42 W, a distance of 50.00 feet; thence S 0243'12 W, a distance of 199.02 feet; thence S 4153'45 E, a distance of 35.59 feet; thence S 8630'42 E, a distance of 25.00 feet, to a point on the East right-of-way line of said Missouri Highway 150; thence N 0243'12 E, along the East right-of-way line of said Missouri Highway 150, a distance of 224.03 feet, to the Point of Beginning, containing 10,889 square feet, more or less.

 

is hereby rezoned from District M-1-p (Light Industry Limited District) to District CP-3 (Regional Planned Business Center), all as shown outlined on a map marked Section 80-11A0612, 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 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.

 

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval when the final plat is submitted and that the developer make any improvements as required by the City Engineers Office.

 

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

 

4. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities.

 

5. That the developer submit a street name signage plan to the Street Naming Committee for review and approval for all street names prior to the submittal of the final plat.

 

6. That the developer secure a floodplain certificate if any grading is to occur within a floodplain as required by the Department of Codes Administration.

 

7. That the developer extend water mains as required by the Water Services Department.

 

8. That the developer extend sanitary sewers as required by the Department of Public Works.

 

9. That the developer provide for fire protection as required by the Fire Department.

10. That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, screening, berming, signage, building elevations, and lighting with zero footcandles at the property line.

 

11. That the developer construct the intersection of Wyandotte Street and Washington Avenue, as shown on the preliminary plan, to include turn lanes and combination lanes as required by the Department of Public Works.

 

12. That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including curb, gutter, storm sewers, streetlights, and sidewalks.

 

13. That the developer construct a left turn lane on Wyandotte Street to Washington Avenue as required by the Department of Public Works.

 

14. That the developer shall subordinate to the City all private interest in the area of any right-of-way dedication as required by the Department of Public Works, and that the developer shall be responsible for all costs associated with subordination activities.

 

15. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by the Department of Public Works, prior to recording the plat.

 

16. That the developer submit plans for grading, siltation, and erosion control to the City Engineer's Office for approval and permitting prior to beginning any construction activities.

 

17. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the Department of Public Works.

 

18. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

19. That the developer improve Wyandotte Street to secondary arterial street standards as required by the Department of Public Works, including construction of curb, gutter, and sidewalks and installation of streetlights.

 

20. That the developer receive the approval of the Missouri Department of Transportation for access locations onto Missouri Highway 150.

 

21. That the developer receive the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

 

A copy of said development plan is on file in the office of the City Clerk under this ordinance, which is attached hereto and 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