ORDINANCE NO. 900459
Amending Chapter 65, Revised Ordinances of Kansas City,
Missouri, 1956, commonly known as the Zoning Ordinance, is hereby amended by
enacting a new section to be known as Section 65.010A2344, rezoning an area at
the northwest corner of U.S. Highway 40 and Fremont Avenue from District RP
(Automobile Parking) to District CP-2 (Local Planned Business Center), and
approving a preliminary plan for the same. (4187-CP-2)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 65, Revised Ordinances of
Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance is hereby
amended by enacting a new section to be known as Section 65.010A2344, rezoning
an area at the northwest corner of U.S. Highway 40 and Fremont Avenue from
District RP (automobile parking) to District CP-2 (local planned business
center), said section to read as follows:
Section 65.010A2344. That an area legally described
as:
All that part of the Northeast Quarter of Section
26, Township 49 North, Range 32 West, lying partially in Independence
and partially in Kansas City, all in Jackson County, Missouri, more
particularly described as follows: Commencing at the Southeast corner of
the Northeast Quarter of said Section 26; thence North 1 degree 17 minutes
20 seconds West a distance of 53.66 feet to the North right of way line of
U.S. Highway No. 40 as now established; thence South 89 degrees 35 minutes
18 seconds West along said North right of way line 452.68 feet to the
intersection of said North right of way line of U.S. Highway 40 with the
West right of way line of Fremont Road and the true point of beginning;
thence North 1 degree 15 minutes 36 seconds West along the West right of
way line of Fremont Road 509.76 feet to a point which is North 89 degrees
37 minutes 23 seconds East 5.00 feet from the Southeast corner of Lot
85, TOMASHA VILLAGE, a subdivision in Independence, Jackson County,
Missouri, according to the recorded plat thereof; thence South 89 degrees
37 minutes 23 seconds West along the South lines of Lots 85 through 80,
TOMASHA VILLAGE, 547.31 feet to an angle point in the South line of said
Lot 80; thence North 55 degrees 52 minutes 41 seconds West along the
Southwesterly lines of Lots 80 through 70, TOMASHA VILLAGE, 977.19 feet to
a point in the East line of the tract described in Document No. 905794
recorded in Book 1879 at Page 685, Jackson County records, thence South 0
degrees 28 minutes 19 seconds East along the East line of last described
tract 1064.00 feet to the North right of way line of U.S. Highway 40;
thence North 89 degrees 35 minutes 18 seconds East along said North right
of way line 1358.74 feet to the true point of beginning, excluding that
part lying in the City of Independence.
is hereby rezoned from District RP (automobile parking)
to District CP-2 (local planned business center), all as shown outlined on a
map marked Section 65.010A2344, 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 65.010
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 dedicate a total of 55 feet
of right of way on the north side of Highway 40 and a total of 30
feet on the west side of Fremont Avenue.
2. That the developer cause the area to be platted
and processed in accordance with Chapter 31, Code of General
Ordinances of Kansas City, Missouri, as
amended, commonly
known as the Subdivision Regulations.
3. That the developer widen Highway 40 to provide
a 7 lane section (approximately 1 1/2 lanes) and construct
sidewalks along Highway 40.
4. That the developer widen Fremont Avenue on the
west side to a total of 36 feet to accommodate a left turn lane and
that the developer construct sidewalks on the
west side
of Fremont Avenue.
5. That the developer submit a storm drainage
study as required.
6. That the developer provide fire protection as
required by the Fire Department.
7. That the developer relocate the water main in
Highway 40.
8. That the developer install a traffic signal at
Hocker at such time as traffic volumes warrant.
A copy of said preliminary plan is on file in the office
of the City Clerk under Document No. 900459, 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 39,
Code of General 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