ORDINANCE NO. 970125, AS AMENDED
Amending Chapter 80, Code of Ordinances of the City of
Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, by adding
a new section to be known as Section 80-11A0024, rezoning an area of
approximately 2.38 acres generally located at the southeast corner of N.E.
Barry Road and N. Oak Trafficway from Districts C-2 (Local Retail Business) and
R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited
District), and approving a preliminary plan for the same. (9476-P-1)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 80, Code of Ordinances of
the City of Kansas City, Missouri, 1996, commonly known as the Zoning
Ordinance, is hereby amended by enacting a new section to be known as Section
80-11A0024, rezoning an area of approximately 2.38 acres generally located at
the southeast corner of N.E. Barry Road and N. Oak Trafficway from Districts
C-2 (Local Retail Business) and R-1a (One-Family Dwellings) to District C-2-p
(Local Retail Business - Limited District), said section to read as follows:
Section 80-11A0024. That an area legally described
as:
This is a survey and replat of Lots 34 to 48 and
Lots 54 to 64 in East Gashland, an addition in Kansas City, Clay County,
Missouri, together with a vacated N.E. Gashland Drive from the east line
of N. Oak Trafficway to the south line of N.E. Barry Road, and together
with one half of N. Flagor Road from the north line of N.E. 83rd Street to
N.E. Gashland Drive including the intersection therewith, except that
portion of the intersection recorded in Book 1866, page 342 and together with
the north-south alley next east of N. Oak Street Trafficway from the south
line of Barry Road to the northwesterly line of N.E. Gashland Drive and
together with the east-west alley north of and adjacent to Lot 34, East
Gashland, except the east 5 feet thereof, and together with one half of
the north-south alley east of and adjacent to Lots 35 through 44 and the
southerly 15 feet of Lot 45, except that part of Lots 48, 54 and 57 and
that portion of N.E. Gashland Drive in the limits of the land conveyed for
state highway purposes, and except that part of Lots 57 through 64 taken
by condemnation for right of way purposes as recorded in Document No.
E-19576, Book 1417, page 233; more particularly described as follows:
Commencing at the northwest corner of the Southeast Quarter of Section 11,
Township 51 North, Range 33 West, of the 5th Principal Meridian, said
point being the point of beginning of the herein described tract; thence
east along the north line of said Southeast Quarter on a bearing of South
89 45'43" East, a distance of 466.76 feet; thence south on a bearing
of South 0 14'17" West, a distance of 30.00 feet to the northeast corner
of Lot 48 in said East Gashland; thence southwesterly on a bearing of
South 36 59'28" West, along the easterly line of Lots 48, 47, 46 and
the northeasterly 10 feet of Lot 45, a distance of 159.67 feet; thence on
a bearing of South 53 00'45" East, a distance of 5.00 feet to the
centerline of the alley vacated in Ordinance No. 58130, Document No.
F-13373, recorded in Book 1627, page 639, Jackson County Recorder of Deeds
Office; thence on a bearing of South 36 59'28" West, along the centerline
of said alley a distance of 275.00 feet to the northeasterly line of Lot
34; thence southeast along the northeasterly line of Lot 34, on a bearing
of South 53 00'45" East, a distance of 5.00 feet to the most easterly
corner of said Lot 34; thence southwest on a bearing of South 36
59'28" West, along the southeasterly line of said Lot 34, a distance
of 106.97 feet to the southeast corner of said lot, said point also being
on the north right of way line of N.E. 83rd Street; thence west on a
bearing of North 89 48'28" West, along the south line of said Lot 34,
the north line of N.E. 83rd Street and the westerly prolongation of the
north line of N.E. 83rd Street a distance of 30.00 feet to the centerline
of N. Flagor Road, vacated in said Ordinance No. 58130; thence northwest
on a bearing of North 25 03'31" West, along the centerline of vacated N.
Flagor Road, a distance of 131.32 feet to its intersection with the
centerline of vacated N.E. Gashland Drive; thence north on a bearing of
North 00 40'52" East a distance of 14.77 feet; thence west on a
bearing of North 88 55'04" West a distance of 67.28 feet to the
centerline of N. Oak Trafficway; thence north along said centerline, on a
bearing of North 0 40'52" East, a distance of 335.50 feet to the point of
beginning containing 138,020 square feet or 3.17 acres more or less,
except that portion in street right of way containing 41,463 square feet
or 0.952 acres more or less.
is hereby rezoned from Districts C-2 (Local Retail
Business) and R-1a (One-Family Dwellings) to District C-2-p (Local Retail
Business - Limited District), all as shown outlined on a map marked Section
80-11A0024, 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 preliminary 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, as amended,
commonly known as the Subdivision Regulations.
2. That the developer submit a storm drainage
study to the City Engineer's Office for approval and that the
developer make any improvements as required by the City
Engineer's Office.
3. That the developer submit plans for grading and
siltation and erosion control to the City Engineer's Office for
approval prior to beginning any construction activities.
4. That the developer extend water mains as
required by the Water Services Department.
5. That the developer dedicate additional right of
way for N.E. Barry Road as required by the Department of Public Works
so as to provide a total of 55 feet of right of way
as measured from the centerline of N.E. Barry
Road.
6. That the developer dedicate additional right of
way for N. Oak Trafficway as required by the Department of Public
Works so as to provide a total of 57 feet of right of way
as measured from the centerline of N. Oak
Trafficway.
7. That the developer construct an eastbound right
turn lane on the south side of N.E. Barry Road and reconstruct the
sidewalk as required by the Department of Public
Works so as to serve the driveway entrance onto
N.E. Barry Road.
8. That the developer construct a northbound right
turn lane on N. Oak Trafficway at its intersection with N.E. Barry
Road and reconstruct the sidewalk as required by the
Department of Public Works.
9. That the developer remove all non-functioning
driveways and reconstruct the sidewalks and curbs as required by the
Department of Public Works.
10. That the developer provide for fire protection
as required by the Fire Department.
11. That the developer submit a final plan to the
City Plan Commission for approval, including plans for signage and
landscaping.
A copy of said preliminary plan is on file in the office
of the City Clerk under Document No. 970125, 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:
___________________________________
Assistant City Attorney