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Legislation #: 081166 Introduction Date: 11/20/2008
Type: Ordinance Effective Date: 12/28/2008
Sponsor: None
Title: Rezoning an area of approximately 23.8 acres generally located on the south side of Winner Road (U. S. Highway 24) and on the east side of Smalley Avenue from Districts R-2b, C-2, M-2a and M-2a-p to District M-2a-p, and approving a development plan for the same. (10839-P-4)

Legislation History
DateMinutesDescription
11/18/2008 Filed by the Clerk's office
11/20/2008 Referred to Planning and Zoning Committee
12/10/2008 Do Pass as a Committee Substitute
12/11/2008 Assigned Third Read Calendar as Substituted
12/18/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
081155_66_72 Affidavit of Publication.pdf Other 48K Affidavit of Publication
081166.pdf Authenticated 249K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081166 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081166
081166 Mailing List.pdf Plan Mailing List 128K Mailing List
081166 Docket Maps.pdf Maps 121K Docket Map
Adv. 121008.pdf Advertise Notice 8K Advertise Notice
C010839P4_FACTSHT.xls Fact Sheet 71K Fact Sheet
C010839P4_STAFFRPT10_21_08.doc Staff Report 76K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081166

 

Rezoning an area of approximately 23.8 acres generally located on the south side of Winner Road (U. S. Highway 24) and on the east side of Smalley Avenue from Districts R-2b, C-2, M-2a and M-2a-p to District M-2a-p, and approving a development plan for the same. (10839-P-4)

 

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 80-11A0823, rezoning an area of approximately 23.8 acres generally located on the south side of Winner Road (U. S. Highway 24) and on the east side of Smalley Avenue from Districts R-2b (Two-Family Dwellings), C-2 (Local Retail Business), M-2a (Heavy Industry) and M-2a-p (Heavy Industry - Limited District) to District M-2a-p (Heavy Industry - Limited District), said section to read as follows:

 

Section 80-11A0823. That an area legally described as:

 

A tract of land being part of Block 16 lying southerly of 24 highway, all of Block 19 and the existing alley contained within, all of Independence Avenue adjacent to Block 19, all of Smalley Avenue adjacent to Block 19, and all of Missouri Avenue between Blocks 16 and 19 of the Plat of Washington. a recorded subdivision located in the Southwest Quarter of Section 31, Township 50 North, Range 32 West, City of Kansas City, Jackson County, Missouri, lying southerly of 24 Highway, and part of the North One-Half of Section 6, Township 49 North, Range 32 West, City of Kansas City, Jackson County, Missouri, lying westerly of Interstate Route No. 435 and being described by metes and bounds as follows: Commencing at the southwest corner of said Section 31, also being the northwest corner of said Section 6; thence South 86 degrees 53 minutes 00 seconds East along the common line between said Sections 31 and 6, 1577.90 feet to a point on the westerly right of way line of Smalley Avenue as dedicated by the Plat of Washington, and the point of beginning; thence leaving the said common line, North 02 degrees 18 minutes 39 seconds East along the said westerly right of way line 471.00 feet; thence leaving the said westerly right-of-way line South 87 degrees 41 minutes 21 seconds East 25.00 feet to a point on the centerline of Smalley Avenue; thence North 02 degrees 18 minutes 39 seconds East along said centerline 139.75 feet to a point on the southerly right of way line of U.S. 24 Highway as now located; thence North 68 degrees 48 minutes 40 seconds East along the said southerly right of way line 322.44 feet to a point on the westerly right of way line of Potter Avenue; thence South 02 degrees 18 minutes 39 seconds West along the said westerly right of way line 743.84 feet to a point on the north line of the Northwest Quarter of said Section 6; thence continued South 02 degrees 18 minutes 39 seconds West 30.00 feet to a point on the southerly right of way line of Independence Boulevard; thence South 86 degrees 53 minutes 00 seconds East along the said southerly right of way line 132.92 feet to a point being 30.00 feet south and 455.48 feet west of the northeast corner of the Northwest Quarter of said Section 6; thence leaving the said southerly right of way line, South 01 degrees 40 minutes 36 seconds West 200.00 feet; thence South 86 degrees 53 minutes 00 seconds East 100.00 feet; thence South 01 degrees 40 minutes 36 seconds West 205.00 feet; thence South 86 degrees 53 minutes 00 seconds East 355.48 feet to a point on the east line of the Northwest Quarter of said Section 6; thence South 87 degrees 00 minutes 28 seconds East 75.84 feet to a point on the westerly right of way line of Interstate Route No. 435; thence South 27 degrees 40 minutes 51 seconds West along the said westerly right of way line 167.11 feet; thence South 01 degrees 54 minutes 37 seconds West along the said westerly right of way line 291.57 feet; thence South 11 degrees 48 minutes 27 seconds West along the said westerly right of way line 749.10 feet; thence leaving the said westerly right of way line, North 69 degrees 29 minutes 51 seconds West 241.31 feet; thence North 14 degrees 01 minutes 10 seconds West 243.99 feet; thence North 22 degrees 12 minutes 46 seconds West 1196.45 feet; thence North 02 degrees 15 minutes 52 seconds East 232.02 feet to a point on the north line of the Northwest Quarter of said Section 6; thence North 86 degrees 53 minutes 00 seconds West along the said line 1.56 feet to the point of beginning. This tract contains 23.74 acres more or less.

 

is hereby rezoned from Districts R-2b (Two-Family Dwellings), C-2 (Local Retail Business), M-2a (Heavy Industry) and M-2a-p (Heavy Industry - Limited District) to District M-2a-p (Heavy Industry - Limited District), all as shown outlined on a map marked Section 80-11A0823, 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 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 U.S. Highway 24/Winner Road.

 

3. That the developer improve the west one-half of Potter Avenue and the south one-half of Independence Avenue to residential street standards, including curb, gutter, sidewalks, and streetlights, as required by Development Services, or enter into a deferral agreement, prior to recording the final plat, for those improvements with terms for the construction to commence at such time as sidewalks are constructed adjacent to the east side of the project area, on the south side of Independence Avenue.

 

4. That the developer construct a sidewalk on the south side of Winner Road along the plan frontage as required by Development Services.

 

5. That the developer submit a macro/micro storm drainage study to Development Services for review and acceptance for the entire development when the final plat is submitted, and that the developer construct any improvements as required by Development Services.

 

6. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

7. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

 

8. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

9. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services.

 

10. That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

11. That the limits of the 100-year floodplain and the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area be shown on the final plat.

 

12. That the developer grant a BMP Easement to the City as required by Development Services.

 

13. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

14. That the developer extend/abandon/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

15. 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 now and in the future.

 

16. That the developer petition for the vacation of portions of Thompson Street, Independence Avenue, Smalley Road and the east-west alley as shown on the development plan, as required by Development Services, if not vacated with the final plat.

 

17. That the final plat grant an access easement to KCP&L along vacated Smalley Avenue as required by Development Services.

 

18. That the developer secure the approval of the Missouri Department of Transportation for any work within State right of way.

 

19. That the billboard be removed within 30 days of the end of the current lease, which expires August 31, 2015.

 

20. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (including canopy shade trees a maximum average spacing of 50 feet on center along public street frontages), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line)and building elevations.

 

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