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Legislation #: 140989 Introduction Date: 11/13/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning 6 acres generally located at the southeast corner of E. Truman Road and Manchester Trafficway from District M1-5 to District M4-1; and approving a development plan to allow a waste transfer and recycling operation. (12908-P-1, 12908-P-2)

Legislation History
DateMinutesDescription
11/13/2014 Filed by the Clerk's office
11/13/2014 Referred to Planning, Zoning & Economic Development Committee
12/3/2014 Advance and Do Pass, Debate
12/4/2014 Passed

View Attachments
FileTypeSizeDescription
140989.pdf Authenticated 388K Authenticated
140989 Fact Sheet.pdf Fact Sheet 411K Fact Sheet
C012908P1_Section Map.pdf Maps 3579K Section Map
C012908P1_STAFFRPT_11_04_14.pdf Staff Report 155K Staff Report

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ORDINANCE NO. 140989

 

Rezoning 6 acres generally located at the southeast corner of E. Truman Road and Manchester Trafficway from District M1-5 to District M4-1; and approving a development plan to allow a waste transfer and recycling operation. (12908-P-1, 12908-P-2)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A0985, rezoning an area of approximately 6 acres generally located at the southeast corner of E. Truman Road and Manchester Trafficway from District M1-5 (Manufacturing 1 dash 5) to District M4‑1 (Manufacturing 4 dash 1), said section to read as follows:

 

Section 88-20A0985. That an area legally described as:

 

TRACT 1: All of Lot 230; all that part of Lots 424 through 251 inclusive lying West of the extended East line of said Lot 230; all of Lots 252, 253, 254 and 255; all of Lots 260 through 267 inclusive; all that part of Lot 311 lying East of the extended West line of vacated Potter Avenue and lying West of the extended East line of said Lot 230; all that part of the vacated alley lying South of and adjoining said Lot 230 and West of and adjoining the extended East line of said lot 230; all that part of the vacated alley lying South of and adjoining Lots 252 through 255 inclusive, and North of and adjoining Lot 260; all that part of vacated Potter Avenue (formerly Cookson Avenue) lying South of the South line of Truman Road (formerly known as 15th Street and as Blue Avenue) and North and adjoining the Southerly line of Blue River Road; all that part of vacated Blue River Road lying East of the extended West line of lot 267 and West of the extended East line of said Lot 230; except the Southerly 1/2 thereof lying East of and adjoining the extended West line of lot 267 and lying West of and adjoining the extended East line of said lot 267; all in the Stark’s Blue River Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

TRACT 2: A tract of land in Kansas City, Jackson County, Missouri, being Lots 256 through 259 inclusive; Lots 268 through 292 inclusive; part of Lot 311 and vacated alleys and streets, all in Stark’s Blue River Addition, a subdivision in Kansas City, and all being more particularly described by metes and bounds as follows: Beginning at the Northeast corner of said Lot 256; thence Westerly along the Northerly line of said Lots 256 through 259 inclusive and the prolongation thereof to the Northeast corner of said Lot 276; thence Westerly along the Northerly line of said Lots 276 through 281 inclusive to the Northwest corner of said Lot 281, being a point in the East line of Manchester Avenue; thence Southerly along said East line and its Southerly prolongation to the Southerly line of Blue River Road (vacated); thence Westerly along said Southerly line to the Southerly prolongation of the center line of said Manchester Avenue; thence Southerly along said last mentioned line to the Southerly line of said Lot 311; thence Southeasterly along said last mentioned Southerly line to the Southerly prolongation of the Westerly line of Potter Avenue (vacated); thence Northerly along said last mentioned prolongation to the center ling of said vacated Blue River Road; thence Northwesterly along said last mentioned center line to the Southerly prolongation of the East line of said Lot 268; thence Northerly along said last mentioned prolongation and along the East line of said Lots 268 through 275 inclusive, to the Northeast corner of said Lot 275; thence continuing Northerly along the prolongation of said last mentioned East line to and along the East line of said Lot 256, to the point of beginning.

 

EXCEPT FROM THE ABOVE SHOWN TRACTS 1 AND 2 THE FOLLOWING DESCRIBED LAND: All of Lots 276 through 281 inclusive and all of the vacated alley lying South of and adjacent thereto: all of Lots 282 through 292 inclusive and all of vacated Blue River Road lying South of and adjacent thereto; all of vacated Smalley Avenue lying East of and adjacent thereto; all that part of Lot 311 lying East of the Southerly prolongation of the center line of Manchester Avenue (formerly Blue River Road) and West of the East line of lot 230 extended South to the South line of said Lot 311, all in the Stark’s Blue River Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

EXCEPT THAT PART DESCRIBED AS FOLLOWS: A tract of land in Kansas City, Jackson County, Missouri, being part of Lots 230 and 248 through 251 inclusive, and the vacated alley lying South of said Lot 230 and North of said Lot 251; part of Lots 252 through 259 inclusive, and the vacated alley lying South of and adjacent to said lots; all of Lots 260 through 262 inclusive; all of Lots 272 through 275 inclusive; part of Lots 263 and 271; and part of the vacated Potter Avenue, lying South of the South line of Truman Road, as it is now established, and North of a line parallel with and 15.35 feet South of the South line of said Lot 262; all in Stark’s Blue River Addition, a subdivision in Kansas City, and all being more particularly described as follows: Commencing at the Northwest corner of said Lot 259, Stark’s Blue River Addition; thence South 01 degree 52 minutes 43 seconds West along the West line of said Lot 259, a distance of 92.05 feet to the point of beginning of the tract of land to be described; thence North 29 degrees 52 minutes 10 seconds East a distance of 77.38 feet to the south right-of-way line of Truman Road, as now established, thence South 54 degrees 58 minutes 04 seconds East along said South right-of-way line, a distance of 39.78 feet; thence South 82 degrees 09 minutes 38 seconds East continuing along said South right-of–way line, a distance of 262.77 feet to the East line of said Lot 230; thence South 01 degree 52 minutes 43 seconds West along said East line and the Southerly extension thereof, a distance of 218.38 feet; thence North 88 degrees 16 minutes 46 seconds West parallel with and 15.35 feet South of the South line of said Lot 262, a distance of 330.97 feet to the West line of said Lot 271, said point being on the East line of vacated Smalley Avenue; thence North 01 degree 52 minutes 43 second East along said East line, a distance of 200.01 feet to the point of beginning.

TRACT 3: All of Lots 276 through 281 inclusive and all of the vacated alley lying South of and adjacent thereto; all of Lots 282 through 292 inclusive and all of vacated Blue River Road lying South of and adjacent thereto; all of vacated Smalley Avenue lying East of and adjacent thereto; the East 1/2 of vacated Manchester Avenue lying west of and adjacent; all that part of Lot 311 lying East of the Southerly prolongation of the center line of Manchester Avenue (formerly Blue River Road) and West of the East line of Lot 230 extended South to the South line of said Lot 311, all in Starks’ Blue River Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recoded play thereof.

 

is hereby rezoned from District M1-5 (Manufacturing 1 dash 5) to District M4‑1 (Manufacturing 4 dash 1), all as shown outlined on a map marked Section 88-20A0985, 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 in accordance with Section 88-20 thereof.

 

Section B. That a development plan for an expanded waste transfer and general recycling operation (previously approved by a conditional use permit) is hereby approved, subject to the following conditions:

 

1.                  That all waste materials shall be stored completely within the enclosed structure.

 

2.                  That waste material processed on the site shall exclude:

 

a.                   Liquid wastes of any kind,

b.                  Food wastes of any kind,

c.                   Wastes that have odor, and

d.                  Wastes that could in any way become food for vermin or bird.

 

3.                  That all exterior areas of the site are kept free from trash, debris, and litter.

 

4.                  That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, by making application under said code for a Minor Subdivision and submitting and recording a Lot Consolidation Plat or replatting the property in accordance therewith.

 

5.                  That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division for any building expansion.

 

6.                  That the developer submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, identifying sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate occupancy permits.

 

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 B. 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 88, 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