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Legislation #: 041343 Introduction Date: 12/9/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 3.95 acres generally located at the southwest corner of Missouri Route 152 and N. Indiana Avenue from District R-1a to District CP-1. (11559-CP-2)

Legislation History
DateMinutesDescription
12/3/2004 Filed by the Clerk's office
12/9/2004 Referred to Planning, Zoning & Economic Development Committee
1/12/2005 Advance and Do Pass, Consent
1/13/2005 Passed

View Attachments
FileTypeSizeDescription
041343.pdf Authenticated 178K Authenticated
labels1343.pdf Advertise Notice 94K labels
Advertising notices.pdf Advertise Notice 3106K adverting notice
C011559CP2_STAFFRPT10_05_04.doc Staff Report 74K staff report
C011559CP2_Fact Sheet General.doc Fact Sheet 50K fact sheet

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ORDINANCE NO. 041343

 

Rezoning an area of approximately 3.95 acres generally located at the southwest corner of Missouri Route 152 and N. Indiana Avenue from District R-1a to District CP-1. (11559-CP-2)

 

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 80-11A0597, rezoning an area of approximately 3.65 acres generally located at the southwest corner of Missouri Route 152 and N. Indiana Avenue from District R-1a (One-Family Dwellings, Medium Density) to District CP-1 (Neighborhood Planned Business Center), said section to read as follows:

 

Section 80-11A0597. That an area legally described as:

 

A tract of land located in the Southwest Quarter of Section 7, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri, being part of Gragg Acres, Lots 89 through 153 inclusive, a subdivision in Kansas City, Clay County, Missouri according to the recorded plat thereof, except that part in roads; being more particularly described as follows: Commencing at the center of said Section 7; thence N8842'11"W along the north line of the Southwest Quarter of said Section 7 a distance of 639.24 feet to a point on the prolongation of the east line of Lot 1, Northland Human Services Center at Maple Woods, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, said point also being on the prolongation of the west line of said Gragg Acres; thence S0010'57"W along said east line of said Lot 1, a distance of 207.31 feet to the point of beginning of the tract of land to be described; thence S8905'15"E along the centerline of vacated 83rd Street Terrace, as it is now established; thence N0010'57"E along the west line extended of Lot 152, of said Gragg Acres to the south right-of-way line of Missouri Highway 152, as it is now established; thence along said south right-of-way line on a curve to the left, having an initial tangent bearing of S5959'33"E, a radius of 1039.93 feet and an arc length of 168.78 feet; thence S7119'32"E, continuing along said south right-of-way line a distance of 156.63 feet to the west right-of-way line of Missouri Route J-1 (N. Indiana Avenue), as it is now established; thence S4949'20"E along said west right-of-way line a distance of 66.16 feet; thence S0437'35"W continuing along said west right-of-way line a distance of 203.17 feet; thence S4634'15"W continuing along said west right-of-way line a distance of 71.57 feet to the north right-of-way line of N.E.83rd Street, as it is now established; thence along said north right-of-way line, on a curve to the left, having an initial tangent bearing of N8729'47"W, a radius of 532.00 feet and an arc length of 437.14 feet to the southeast corner of Tract D, Northland Human Services Center at Maple Woods; thence N010'57"E along the east line of said Tract D and said Lot 1, a distance of 502.38 feet to the point of beginning. Contains 171,955 square feet or 3.95 acres, more or less.

 

is hereby rezoned from District R -1a (One-Family Dwellings, Medium Density) to District CP-1 (Neighborhood Planned Business Center), all as shown outlined on a map marked Section 80-11A0597, 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 Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer submit a storm drainage study to the City Engineers Office for approval for the entire development when the final plat is submitted, and that the developer construct 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 Engineers Office for approval prior to the commencement of any construction activities.

 

4. That the developer secure a site disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

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

 

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

 

7.                  That the developer extend sanitary sewers as required.

 

8. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on grading, landscaping, signage (including elevations), building elevations, and a photometric study showing zero footcandles at the property line.

 

9. That the developer dedicate additional right of way as required for N.E. 83rd Street so as to ensure a minimum of 30 feet of right of way as measured from the centerline of N.E.83rd Street plus dedicate additional right of way as required to accommodate a raised island in the median.

 

10. That the developer pay in full any special assessment on the subject property prior to recording the final plat as required by the Department of Public Works.

 

11. 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.

 

12. That any relocated streetlights be integrated into the existing street light system as required by the City Engineers Office and the Missouri Department of Transportation along State frontages.

 

13. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

 

14. That the developer extend storm sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

 

15. 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.

 

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. ______, 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