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Legislation #: 031064 Introduction Date: 9/25/2003
Type: Ordinance Effective Date: 10/26/2003
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0516, rezoning an area of approximately 58 acres generally located south of Missouri Route 152 (Barry Road), between N.E. Flintlock Road on the west and N. Church Road on the east from Districts C-2-p (Local Retail Business - Limited District) and MPC (Master Planned Community) to C-2-p (Local Retail Business - Limited District), and approving a preliminary plan for the same. (9815-P-44)

Legislation History
DateMinutesDescription
9/24/2003

Prepare to Introduce

9/25/2003

Referred Planning, Zoning & Economic Development Committee

10/15/2003

Advance and Do Pass

10/16/2003

Passed


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031064.pdf Other 1635K Authenticated and Additional Documents

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ORDINANCE NO. 031064

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0516, rezoning an area of approximately 58 acres generally located south of Missouri Route 152 (Barry Road), between N.E. Flintlock Road on the west and N. Church Road on the east from Districts C-2-p (Local Retail Business - Limited District) and MPC (Master Planned Community) to C-2-p (Local Retail Business - Limited District), and approving a preliminary plan for the same. (9815-P-44)

 

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 80-11A0516, rezoning an area of approximately 58 acres generally located south of Missouri Route 152 (Barry Road), between N.E. Flintlock Road on the west and N. Church Road on the east from Districts C-2-p (Local Retail Business - Limited District) and MPC (Master Planned Community) to C-2-p (Local Retail Business - Limited District), said section to read as follows:

 

Section 80-11A0516. That an area legally described as:

 

A tract of land in the South One Half of Section 11, Township 51 North, Range 32 West, in the City of Kansas City, Clay County, Missouri, more particularly described as follows: Commencing at the northwest corner of the Southeast Quarter of said Section 11; thence South 0E2707 West, along the west line of said Southeast Quarter, 307.19 feet, to a point on the south right-of-way line of Missouri Highway No. 152, as now established, said point being the true point of beginning; thence South 88E3525 East, along said south right-of-way line, 38.97 feet; thence North 01E2435 East, along said south right-of-way line, 96.00 feet; thence South 88E3525 East, along said south right-of-way line, 400.00 feet; thence North 80E0600 East, along said south right-of-way line, 101.98 feet; thence South 88E3525 East, along said south right-of-way line, 450.00 feet; thence departing said right-of-way line on a bearing of South 01E2435 West, 520.00 feet to a point of curvature; thence along a curve to the left, tangent to the last described course, having a radius of 1104.84 feet, a central angle of 25E3000 and an arc distance of 491.72 feet to a point of tangency; thence South 24E0525 East, 737.00 feet; thence southerly, along a curve to the right, tangent to the last described course, having a radius of 340.00 feet, a central angle of 35E2003 and an arc distance of 209.68 feet, to a point of the westerly right-of-way line of Interstate Highway No. 35, as now established; thence South 28E0341 West, along said westerly right-of-way line, 1048.98 feet; thence North 61E5619 West, 900.00 feet; thence North 28E0341 East, 1081.11 feet; thence North 61E5619 West, 771.25 feet to point on the easterly right-of-way line of Flintlock Road, as now established; thence northerly, along said easterly right-of-way line, on a curve to the left, having an initial tangent bearing of North 19E4643 East, a radius of 1850.00 and a central angle of 05E5222, an arc


distance of 189.63 feet to a point on the west line of said Southeast Quarter; thence North 00E2707 East, along said west line, 788.31 feet to the true point of beginning. Containing 2,513,135 square feet or 57.69 acres, more or less.

 

is hereby rezoned from Districts C-2-p (Local Retail Business - Limited District) and MPC (Master Planned Community) to C-2-p (Local Retail Business - Limited District), all as shown outlined on a map marked Section 80-11A0516, 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 for the entire development to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers 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 extend water mains as required by the Water Services Department.

 

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

 

6. That the developer include with the final plat cross-access easements and covenants for the maintenance of storm water detention as required by the Department of Public Works.

 

7. That the developer improve three lanes of Flintlock Road to secondary arterial street standards as required by the Department of Public Works, including construction of sidewalks.

 

8. That the developer dedicate additional right of way for N. Flintlock Road as required by the Department of Public Works so as to provide 40 feet of right of way as measured from the centerline of N. Flintlock Road.

 

9. That the developer secure a floodplain certificate prior to any work within the 100 year floodplain boundary.

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

 

11. That the developer secure a land 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.

 

13. That the developer enter into an agreement with the City which provides that the developer share in the cost of the traffic signal at N. Flintlock Road up to 25% of the cost at the time the State determines a traffic signal is necessary; provided that developer shall bear the full cost of the signal at N. Flintlock Road if developer desires installation of the signal prior to the States determination.

 

14. That the developer construct sidewalks on the west side of N. Church Road as required by the Department of Public Works.

 

15. That the developer dedicate additional right of way for relocated N. Church Road as required by the Department of Public Works so as to provide 80 feet of right of way for relocated N. Church Road.

 

16. That the developer improve N. Church Road to City standards to a 52 feet back-to-back pavement area adjacent and through the site to the point where the subject property fronts on State Highway right of way and from that point south to 36 feet of pavement according to the Missouri Department of Transportation standards.

 

17. That the developer construct sidewalks on the south side of N.E. Barry Road from the east right of way line of N. Flintlock Road to the west right of way line of N. Church Road as required by the Department of Public Works prior to the approval of the next final plat of the development.

 

18. That the developer obtain the grading consents, and all grading, temporary construction and drainage easements from the abutting property owner prior to submitting any public improvements.

 

19. That the developer subordinate all private interest in the area of any right of way dedication as required by the Department of Public Works.

 

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

 

21. That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, screening, berming, lighting (provide a photometric study, with the intent that there shall be no direct illumination beyond the property line) and signage.

 

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 031064, 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