ORDINANCE NO. 050852
Rezoning an area of about 4.35
acres generally located at the northeast corner of Red Bridge Road and Grandview Road, from District C-1 and CP-2 to District CP-1, and approving a development
plan for the same. (7338-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 80-11A0640, rezoning an area of approximately 4.35 acres
generally located at the northeast corner of Red Bridge Road and Grandview Road
from Districts C-1 (Neighborhood Retail Business) and CP-2 (Local Planned
Business Center) to District CP-1 (Neighborhood Planned Business Center), said
section to read as follows:
Section 80-11A0640. That an area
legally described as:
A tract of land located in the Northeast Quarter of Section
2, Township 47 North, Range 33 West, in the City of Kansas City, Jackson
County, Missouri and being more particularly described as follows:
Commencing at the Southwest Corner of the Northeast Quarter
of said Section 2; thence South 90 degrees 00 minutes 00 seconds East, along
the centerline of Red Bridge Road as now established, a distance of 70.97 feet;
thence North 00 degrees 00 minutes 00 seconds West, a distance of 40.00 feet to
the Northwesterly right-of-way line of said Red Bridge Road and the point of
beginning; THENCE North 40 degrees 56 minutes 57 seconds West, along said South
right-of-way line, a distance of 45.88 feet, to the East right-of-way line of
Grandview Road as now established; thence North 08 degrees 06 minutes 05 seconds
East, along said East right-of-way line, a distance of 309.21 feet; thence
South 89 degrees 42 minutes 35 seconds East, a distance of 149.89 feet; thence
North 08 degrees 06 minutes 05 seconds East, a distance of 100.75 feet; thence
South 90 degrees 00 minutes 00 seconds East, a distance of 50.00 feet; thence
North 08 degrees 06 minutes 05 seconds East, a distance of 150.00 feet to the
South right-of-way line of 110th Street as now established; thence North 90
degrees 00 minutes 00 seconds East, along said North right-of-way line, a
distance of 269.45 feet; thence South 33 degrees 39 minutes 07 seconds East,
continuing along said South right-of-way line, a distance of 68.02 feet;
thence South 60 degrees 59 minutes 50 seconds East, continuing along said South
right-of-way line, a distance of 22.18 feet to the Northwesterly right-of-way
line of Red Bridge Road as now established; thence Southerly, continuing along
said Northwesterly right-of-way line, along a curve to the left, having a
radius of 450.00 feet, a central angle of 21 degrees 48 minutes 04 seconds, an
initial tangent bearing of South 50 degree 48 minutes 14 seconds West, a
distance of 171.23 feet; thence South 29 degrees 00 minutes 10 seconds West,
continuing along said Northwesterly right-of-way line, a distance of 126.54
feet; thence South 90 degrees 00 minutes 00 seconds East, continuing along said
Northwesterly right-of-way line, a distance of 11.44 feet; thence South 29
degrees 00 minutes 10 seconds West, continuing along said Northwesterly
right-of-way line, a distance of 107.72 feet; thence Southerly, continuing
along said Northwesterly right-of-way line, along a curve to the right, having
a radius of 360.00 feet, a central angle of 60 degrees 59 minutes 52 seconds, a
distance of 383.26 feet; thence South 90 degrees 00 minutes 00 seconds West,
continuing along said Northwesterly right-of-way line, a distance of 49.10 feet
to the point of beginning and containing 186,849 square feet or 4.3583 acres
more or less.
TRACT 1: Parcel #64-210-11-150-10-000-00
All that part of the Southwest of the Northeast of
Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri,
being more particularly described as follows: Commencing at the Southwest
corner of the Northeast of Section 2, thence North 90 degrees 00 minutes and
00 seconds East along the South line of said section, a distance of 30.30
feet to a point on the East right of way line of Grandview Road as now
established; thence North 8 degrees 06 minutes and 05 seconds East along the
East right of way line of said Grandview Road, a distance of 484.61 feet;
thence North 90 degrees 00 minutes 00 seconds East departing said East right of
way line, a distance of 200.00 feet to the point of beginning of the tract of
land to be herein described; thence North 8 degrees 06 minutes 05 seconds
East, a distance of 150.00 feet to a point on the South right of way line of
110th Street as now established; thence North 90 degrees 00 minutes 00 seconds
East along last said South right of way line, a distance of 269.45 feet to a
point on the Westerly right of way line of Red Bridge Road as established by
document in Book K-1241, at Page 160, dated August 9, 1983; thence South 33
degrees 39 minutes 07 seconds East along last said Westerly right of way line,
a distance of 68.02 feet to an angle point therein; thence South 60 degrees 59
minutes 50 seconds East along said Westerly right of way line, a distance of
22.18 feet to a point on the West line of the tract deeded to the City of Kansas
City, Missouri in the Missouri Warranty Deed filed October 1, 1996 in Book
K-2904, at Page 627, as Document Number K-004495; thence Southwesterly along
the Westerly line of said tract deeded to Kansas City, Missouri by the deed
filed as K-004495 along a curve to the left having an initial tangent bearing
of South 50 degrees 48 minutes 12 seconds West a radius of 450.00 feet to a
central angle of 14 degrees 18 minutes 42 seconds an arc distance of 112.40
feet; thence South 90 degrees 00 minutes 00 seconds West departing said
Westerly line, a distance of 270.30 feet to the point of beginning.
TRACT 2:Parcel #64-210-11-150-20-000-00
All that part of the Southwest Quarter of the Northeast
Quarter of Section 2, Township 47, Range 33, in Kansas City, Jackson County,
Missouri, being more particularly described as follows: Commencing at the
Southwest corner of the Northeast Quarter of said Section 2; thence North 90
degrees 00 minutes 00 seconds East along the South line of said Quarter
Section, a distance of 30.30 feet to a point on the East right of way line of
Grandview Road, as now established; thence North 8 degrees 06 minutes 05
seconds East along the East right of way line of said Grandview Road, a
distance of 322.89 feet; thence North 90 degrees 00 minutes 00 seconds East
departing said East right of way line, a distance of 150.00 feet to the point
of beginning of the tract of land to be herein described; thence North 90
degrees 00 minutes 00 seconds East, a distance of 294.94 to a point 10.00
Northwesterly of the Northwesterly right of way line of Red Bridge Road, as it
had previously been established by the Ordinance No. 46780, passed July 9, 1976
said point also being on the Westerly line of the tract described in the
conveyance to the City of Kansas City filed October 1, 1996 in Book K-2904 at
Page 627 as Document No. K-0044945, thence North 29 degrees 00 minutes 10
seconds East along the Westerly line of the tract described in Document Number
K-0049545, said line being a line 10.00 feet Northwesterly of and parallel to
the Northwesterly right of way line of said Red Bridge Road as it had
previously been established under ordinance No. 46780, a distance of 126.54
feet, thence Northeasterly along said parallel line along a curve to the right
tangent to the last described course having a radius of 450.00 feet a central
angle of 7 degrees 29 minutes 20 seconds, an arc distance of 58.82 feet; thence
South 90 degrees 00 minutes 00 seconds West departing said parallel line, a
distance of 320.30 feet; thence South 8 degrees 06 minutes 05 seconds West, a
distance of 161.72 feet to the point of beginning.
TRACT 3:Parcel #64-210-11-140-00-000-00
That part of the Southwest of the Northeast of Section
2, Township 47, Range 33, in Kansas City, Jackson County, Missouri, described
as follows: Beginning at a point on the South line of said Section, and
30.30 feet East of the Southwest corner thereof, said point being on the
Easterly right of way line of Grandview Road, a snow established; thence North
8 degrees 06 minutes 05 seconds East, along said Easterly right of way line a
distance of 322.89 feet, to a point on a line drawn 319.67 feet North of and
parallel to the South line of said Section; thence East along said parallel
line a distance of 502.49 feet, to a point on the Westerly right of way line to
the St. Louis and San Francisco Railroad as now established; thence South 28
degrees 58 minute s00 seconds West, along said Westerly right of way line, a
distance of 365.38 feet, to a point on the South line of said Section;
thence West along the South line of said Section, a distance of 371.04 feet
to the point of beginning, except that part conveyed to Sun Oil Company by deed
dated August 8, 1969, recorded in Book K130 at page 663 and except that part
conveyed to the City of Kansas City, Missouri, by deed dated November 8, 1976,
filed for record in Book K714 at page 824; deed dated November 9, 1976, filed
for record in Book K714 at page 826 and deed dated November 16, 1976 filed for
record in Book K714 at page 844 and further except that part conveyed to
Jackson County, by deed filed for record August 12, 1982 in Book K1158 at page
27.
TRACT 4:Parcel #64-210-11-040-10-000-00
All that part of the Southwest of the Northeast of
Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri,
described as follows: Commencing at the Southwest corner of said section;
thence due East along the South line of said section, a distance of 30.30
feet, to a point on the Easterly right of way line of Grandview Road (as now
established); thence North 8 degrees 06 minutes 05 seconds East along said
Easterly right of way line, a distance of 130.00 feet, to the true point of
beginning of the tract of land to be herein described; thence continuing North
8 degrees 06 minutes 05 seconds East, along said Easterly right of way line, a
distance of 192.89 feet, to the intersection of said Easterly right of way
line, and a line drawn 319.67 feet North of and parallel to the South line of
said section; thence due East along the last said parallel line, a distance
of 200.00 feet; thence South 8 degrees 06 minutes 05 seconds West, and parallel
to said Easterly right of way line, a distance of 192.89 feet, to a point on a
line drawn 128,70 feet North of and parallel to the South line of said
section; thence due West along the last said parallel line, a distance of
200.00 feet to the point of beginning, together with an easement for roadway
purposes appurtenant to the aforesaid premises over the Northerly 30 feet of
the property adjacent thereto on the South, as described in the instrument
filed for record on the 13th day of August, 1969, as Document No. K-57461, and
recorded in Book K-130, Page 663.d Octo
TRACT 5:Parcel #64-210-11-080-00-000-00
All that part of the Southwest of the Northeast of
Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri,
described as follows: Commencing at the Southwest corner of said section;
thence due East along the South line of said section, a distance of 30.30
feet to a point on the Easterly right of way line of Grandview Road, a s now
established; thence North 8 degrees 06 minutes 05 seconds East along said
Easterly right of way line a distance of 322,89 feet to the true point of
beginning of the tract of land to be herein described; thence continuing North
8 degrees 06 minutes 05 seconds East, along said Easterly right of way line, a
distance of 61.72 feet; thence South 89 degrees 42 minutes 35 seconds East and
parallel to the South line of Red Bridge Road, as now established, a distance
of 150.00 feet; thence South 8 degrees 12 minutes 01 seconds West, a distance
of 60.97 feet to a point on a line drawn 319.67 feet North of and parallel to
the south line of said section; thence due West along the last said
parallel line, a distance of 150.00 feet to the point of beginning.
is hereby rezoned from Districts
C-1 (Neighborhood Retail Business) and CP-2 (Local Planned Business Center) to
District CP-1 (Neighborhood Planned Business Center), all as shown outlined on
a map marked Section 80-11A0640, 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 shall 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 macro/micro storm drainage study
for approval for the entire development when the first plat is submitted, and
that the developer construct any improvements as required.
3. That the developer improve the southern one-half of 110th
Street to collector street standards as required, including curbs, gutters,
sidewalks, streetlights, existing roadway section transitions to meet vertical
and horizontal alignment standards, and relocation of utilities, at the time of
development of the adjacent frontage.
4. That the developer dedicate additional right of way for a
primary arterial with a bicycle lane as required so as to provide a minimum of
56 feet of right of way as measured from the new centerline of Red Bridge Road.
5. That the developer dedicate additional right of way for a
secondary arterial with a bicycle lane as required so as to provide a total of
46 feet of right of way as measured from the centerline of Grandview Road.
6. That the developer submit plans for grading and siltation and
erosion control for approval prior to the commencement of any construction
activities.
7. That the developer obtain a site disturbance permit prior to
beginning any construction, grading, clearing or grubbing activities, if the
disturbed area exceeds one acre.
8. That the developer extend sanitary sewers to ensure
individual service is provided to all proposed lots and determine adequacy as
required.
9. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required.
10. That the developer obtain the grading consents, and all
grading, temporary construction and drainage/sewer easements from the abutting
property owner prior to submitting any public improvements.
11. That the developer shall subordinate to the City all private
interest in the area of any right-of-way dedication as required, and that the
developer shall be responsible for all costs associated with subordination
activities.
12. That the developer secure permits to construct or reconstruct
existing sidewalks, curb & gutter, storm sewers, and street lights as
necessary along all development street frontages, as required, prior to
recording the plat.
13. That the developer provide for fire protection as required by
the Fire Department prior to construction beyond foundations.
14. That the developer extend water mains as required by the Water
Services Department.
15. That the developer secure the approval of the Missouri Highway and Transportation Department for any work within State right of way.
16. 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.
17. That the developer submit a final plan to the City Plan
Commission for approval, including detailed information on landscaping, signage
(including elevations), lighting (including a photometric study showing zero
foot-candles at the plan boundary and no direct illumination beyond the
property line)and building elevations (including materials of the trash
enclosure to match the building).
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