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Legislation #: 041086 Introduction Date: 9/30/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN
Title: Rezoning an area of approximately 1.88 acres generally located at the southeast corner of M-152 and M-1 (N. Indiana Avenue) from Districts CP-1 and R-1a to District CP-1, and approving a development plan for the same. (11633-CP-1)

Legislation History
DateMinutesDescription
9/30/2004

Prepare to Introduce

9/30/2004

Referred Planning, Zoning & Economic Development Committee

10/28/2004 Advance and Do Pass, Debate
10/28/2004 Passed

View Attachments
FileTypeSizeDescription
041086.pdf Authenticated 213K Passed Copy
041086 Staff Report.doc Staff Report 515K Staff Report
041086 FACT SHEET.doc Fact Sheet 49K Fact Sheet
041086 Document Maps.pdf Maps 180K Document Maps

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ORDINANCE NO. 041086

 

Rezoning an area of approximately 1.88 acres generally located at the southeast corner of M-152 and M-1 (N. Indiana Avenue) from Districts CP-1 and R-1a to District CP-1, and approving a development plan for the same. (11633-CP-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, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0585, rezoning an area of approximately 1.88 acres generally located at the southeast corner of M-152 and M-1 (N. Indiana Avenue) from Districts CP-1 (Planned Business Center) and R-1a (Single-Family Dwellings, Medium Density) to District CP-1 (Planned Business Center), said section to read as follows:

 

Section 80-11A0585. That an area legally described as:

 

All of Lots 115, 116, and 117 of Gragg Acres, Lots 89 thru 153, a subdivision in Kansas City, Clay County, Missouri; and all that part of Lots 114 and 113 of Gragg Acres, Lots 89 thru 153, a subdivision in Kansas City, Clay County, Missouri, lying South of the South right-of-way of Missouri Route 152, as now established; and that parcel described in the Quit Claim Deed filed with the Clay County Recorder as Document S 39911, in Book 4428, at Page 756, as: All that part of the Southeast Quarter of Section 7, Township 51, Range 32, in Kansas City, Clay County, Missouri, described as follows: Beginning at the intersection of the Easterly right-of-way line of Missouri Route J-1 with the Southerly right-of-way line of Missouri Route 152, said point being 137 feet left of, and opposite, Station 23+30 of the surveyed centerline of said Route J-1 as shown on Sheet 16 of the Final Plans for said Missouri Route 152, Job. No. J4U0029E, Project No. ADMH 3307 (409); Thence North 00E 26 49 East along a projection of the Easterly right-of-way line of said right-of-way line of said J-1, a distance of 50.04 feet to a point 50.00 feet North of, and normal to, the Southerly right-of-way line of said Missouri Route 152; Thence South 87E 15 48 East along a line running parallel with said Southerly right-of-way line, a distance of 200.00 feet; Thence South 00E 26 49 West, a distance of 50.04 feet to a point on the Southerly right-of-way line of said Missouri Route 152, as now established; Thence along said Southerly right-of-way line, North 87E 15 48 West, a distance of 200.00 feet to the Point of Beginning. Containing 0.23 of an acre, more or less.

 

Said parcel also being described as the South 50.00 feet of Lots 134 and 135, and the South 50.00 feet of the West 34 feet of Lot 136, of Gragg Acres, Lots 89 thru 153, a subdivision in Kansas City, Clay County, Missouri; and the South 50.00 feet of the East 49 feet of Lot 136 of Gragg Acres, Lots 89 thru 153, a subdivision in Kansas City, Clay County, Missouri; altogether more particularly described as: Beginning at


the Southwest corner of said Lot 117; thence North 00E1123 East, a distance of 225.02 feet, to the Northwest corner of the South 50.00 feet of said Lot 134; thence South 89E0543 East, a distance of 249.02 feet, to the Northeast corner of the South 50.00 feet of said Lot 136; thence South 00E1123 West, along the East line of said Lot 136 and the East line of said Lot 115, a distance of 51.91 feet, to a point on the South right-of-way line of Missouri Route 152, as now established; thence South 77E4929 East, along said South right-of-way line, a distance of 169.70 feet to a point on the East line of said Lot 113; thence South 00E1123 West, along said East line, a distance of 139.94 feet to the Southeast corner of said Lot 113; thence North 89E0543 West, a distance of 415.03 feet to the Point of Beginning. Containing 1.88 acres, more or less.

 

is hereby rezoned from Districts CP-1 (Planned Business Center) and R-1a (Single-Family Dwellings, Medium Density) to District CP-1 (Planned Business Center), all as shown outlined on a map marked Section 80-11A0585, 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, 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 needed 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 the commencement of any construction activities.

 

4. That the developer provide for fire protection as required by the Fire Department.

 

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

 

6. That the developer extend sanitary sewers as required by the Department of Public Works.

 

7. That the developer dedicate additional right of way for N.E. 83rd Street as required by the Department of Public Works so as to provide 30 feet of right of way as measured from the centerline of N.E. 83rd Street.

8. That the developer improve the north one-half of N.E. 83rd Street to collector street standards as required by the Department of Public Works.

 

9. That the developer secure the approval from the Missouri Department of Transportation prior to working in any State right of way.

 

10. That the developer submit a final plan to the City Plan Commission for approval with grading and lighting plans, showing 0 footcandles at the property lines, and building elevations, including information on signage, landscaping, and screening.

 

11. That the developer submit a macro/micro storm drainage study to the City Engineer's Office for approval for the entire development when the first plat is submitted, and that the developer construct any improvements as required by the City Engineer's Office.

 

12. 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.

 

13. That the developer shall subordinate to the City all private interest in the area of any right-of-way dedication as required by the Department of Public Works, and that the developer shall be responsible for all costs associated with subordination activities.

 

14. 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.

 

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

 

16. 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.

 

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

 

18. That the developer dedicate a cross-access easement by language on the final plat, and show the location of said easement on the plat.

 

19. 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 development plan is on file in the office of the City Clerk under Document No. 041086, 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