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Legislation #: 050852 Introduction Date: 7/14/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of about 4.35 acres generally located at the northeast corner of Red Bridge Road and Grandview Road, from District C-1 and CP-2 to District CP-1, and approving a development plan for the same. (7338-CP-5)

Legislation History
DateMinutesDescription
7/12/2005 Filed by the Clerk's office
7/14/2005 Referred to Planning, Zoning & Economic Development Committee
8/3/2005 Advance and Do Pass, Debate
8/4/2005 Passed

View Attachments
FileTypeSizeDescription
050852.pdf Authenticated 404K Authenticated
notice050852,54,60,61,62,63,68,72.pdf Advertise Notice 100K notice
C007338CP5_FACTSHT.xls Fact Sheet 56K Fact Sheet
C007338CP5_STAFFRPT06_07_05.doc Staff Report 63K Staff Report

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ORDINANCE NO. 050852

 

Rezoning an area of about 4.35 acres generally located at the northeast corner of Red Bridge Road and Grandview Road, from District C-1 and CP-2 to District CP-1, and approving a development plan for the same. (7338-CP-5)

 

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 80-11A0640, rezoning an area of approximately 4.35 acres generally located at the northeast corner of Red Bridge Road and Grandview Road from Districts C-1 (Neighborhood Retail Business) and CP-2 (Local Planned Business Center) to District CP-1 (Neighborhood Planned Business Center), said section to read as follows:

 

Section 80-11A0640. That an area legally described as:

 

A tract of land located in the Northeast Quarter of Section 2, Township 47 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri and being more particularly described as follows:

 

Commencing at the Southwest Corner of the Northeast Quarter of said Section 2; thence South 90 degrees 00 minutes 00 seconds East, along the centerline of Red Bridge Road as now established, a distance of 70.97 feet; thence North 00 degrees 00 minutes 00 seconds West, a distance of 40.00 feet to the Northwesterly right-of-way line of said Red Bridge Road and the point of beginning; THENCE North 40 degrees 56 minutes 57 seconds West, along said South right-of-way line, a distance of 45.88 feet, to the East right-of-way line of Grandview Road as now established; thence North 08 degrees 06 minutes 05 seconds East, along said East right-of-way line, a distance of 309.21 feet; thence South 89 degrees 42 minutes 35 seconds East, a distance of 149.89 feet; thence North 08 degrees 06 minutes 05 seconds East, a distance of 100.75 feet; thence South 90 degrees 00 minutes 00 seconds East, a distance of 50.00 feet; thence North 08 degrees 06 minutes 05 seconds East, a distance of 150.00 feet to the South right-of-way line of 110th Street as now established; thence North 90 degrees 00 minutes 00 seconds East, along said North right-of-way line, a distance of 269.45 feet; thence South 33 degrees 39 minutes 07 seconds East, continuing along said South right-of-way line, a distance of 68.02 feet; thence South 60 degrees 59 minutes 50 seconds East, continuing along said South right-of-way line, a distance of 22.18 feet to the Northwesterly right-of-way line of Red Bridge Road as now established; thence Southerly, continuing along said Northwesterly right-of-way line, along a curve to the left, having a radius of 450.00 feet, a central angle of 21 degrees 48 minutes 04 seconds, an initial tangent bearing of South 50 degree 48 minutes 14 seconds West, a distance of 171.23 feet; thence South 29 degrees 00 minutes 10 seconds West, continuing along said Northwesterly right-of-way line, a distance of 126.54 feet; thence South 90 degrees 00 minutes 00 seconds East, continuing along said Northwesterly right-of-way line, a distance of 11.44 feet; thence South 29 degrees 00 minutes 10 seconds West, continuing along said Northwesterly right-of-way line, a distance of 107.72 feet; thence Southerly, continuing along said Northwesterly right-of-way line, along a curve to the right, having a radius of 360.00 feet, a central angle of 60 degrees 59 minutes 52 seconds, a distance of 383.26 feet; thence South 90 degrees 00 minutes 00 seconds West, continuing along said Northwesterly right-of-way line, a distance of 49.10 feet to the point of beginning and containing 186,849 square feet or 4.3583 acres more or less.

 

TRACT 1: Parcel #64-210-11-150-10-000-00

All that part of the Southwest of the Northeast of Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Southwest corner of the Northeast of Section 2, thence North 90 degrees 00 minutes and 00 seconds East along the South line of said section, a distance of 30.30 feet to a point on the East right of way line of Grandview Road as now established; thence North 8 degrees 06 minutes and 05 seconds East along the East right of way line of said Grandview Road, a distance of 484.61 feet; thence North 90 degrees 00 minutes 00 seconds East departing said East right of way line, a distance of 200.00 feet to the point of beginning of the tract of land to be herein described; thence North 8 degrees 06 minutes 05 seconds East, a distance of 150.00 feet to a point on the South right of way line of 110th Street as now established; thence North 90 degrees 00 minutes 00 seconds East along last said South right of way line, a distance of 269.45 feet to a point on the Westerly right of way line of Red Bridge Road as established by document in Book K-1241, at Page 160, dated August 9, 1983; thence South 33 degrees 39 minutes 07 seconds East along last said Westerly right of way line, a distance of 68.02 feet to an angle point therein; thence South 60 degrees 59 minutes 50 seconds East along said Westerly right of way line, a distance of 22.18 feet to a point on the West line of the tract deeded to the City of Kansas City, Missouri in the Missouri Warranty Deed filed October 1, 1996 in Book K-2904, at Page 627, as Document Number K-004495; thence Southwesterly along the Westerly line of said tract deeded to Kansas City, Missouri by the deed filed as K-004495 along a curve to the left having an initial tangent bearing of South 50 degrees 48 minutes 12 seconds West a radius of 450.00 feet to a central angle of 14 degrees 18 minutes 42 seconds an arc distance of 112.40 feet; thence South 90 degrees 00 minutes 00 seconds West departing said Westerly line, a distance of 270.30 feet to the point of beginning.

 

TRACT 2:Parcel #64-210-11-150-20-000-00

All that part of the Southwest Quarter of the Northeast Quarter of Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 2; thence North 90 degrees 00 minutes 00 seconds East along the South line of said Quarter Section, a distance of 30.30 feet to a point on the East right of way line of Grandview Road, as now established; thence North 8 degrees 06 minutes 05 seconds East along the East right of way line of said Grandview Road, a distance of 322.89 feet; thence North 90 degrees 00 minutes 00 seconds East departing said East right of way line, a distance of 150.00 feet to the point of beginning of the tract of land to be herein described; thence North 90 degrees 00 minutes 00 seconds East, a distance of 294.94 to a point 10.00 Northwesterly of the Northwesterly right of way line of Red Bridge Road, as it had previously been established by the Ordinance No. 46780, passed July 9, 1976 said point also being on the Westerly line of the tract described in the conveyance to the City of Kansas City filed October 1, 1996 in Book K-2904 at Page 627 as Document No. K-0044945, thence North 29 degrees 00 minutes 10 seconds East along the Westerly line of the tract described in Document Number K-0049545, said line being a line 10.00 feet Northwesterly of and parallel to the Northwesterly right of way line of said Red Bridge Road as it had previously been established under ordinance No. 46780, a distance of 126.54 feet, thence Northeasterly along said parallel line along a curve to the right tangent to the last described course having a radius of 450.00 feet a central angle of 7 degrees 29 minutes 20 seconds, an arc distance of 58.82 feet; thence South 90 degrees 00 minutes 00 seconds West departing said parallel line, a distance of 320.30 feet; thence South 8 degrees 06 minutes 05 seconds West, a distance of 161.72 feet to the point of beginning.

 

TRACT 3:Parcel #64-210-11-140-00-000-00

That part of the Southwest of the Northeast of Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the South line of said Section, and 30.30 feet East of the Southwest corner thereof, said point being on the Easterly right of way line of Grandview Road, a snow established; thence North 8 degrees 06 minutes 05 seconds East, along said Easterly right of way line a distance of 322.89 feet, to a point on a line drawn 319.67 feet North of and parallel to the South line of said Section; thence East along said parallel line a distance of 502.49 feet, to a point on the Westerly right of way line to the St. Louis and San Francisco Railroad as now established; thence South 28 degrees 58 minute s00 seconds West, along said Westerly right of way line, a distance of 365.38 feet, to a point on the South line of said Section; thence West along the South line of said Section, a distance of 371.04 feet to the point of beginning, except that part conveyed to Sun Oil Company by deed dated August 8, 1969, recorded in Book K130 at page 663 and except that part conveyed to the City of Kansas City, Missouri, by deed dated November 8, 1976, filed for record in Book K714 at page 824; deed dated November 9, 1976, filed for record in Book K714 at page 826 and deed dated November 16, 1976 filed for record in Book K714 at page 844 and further except that part conveyed to Jackson County, by deed filed for record August 12, 1982 in Book K1158 at page 27.

 

TRACT 4:Parcel #64-210-11-040-10-000-00

All that part of the Southwest of the Northeast of Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Southwest corner of said section; thence due East along the South line of said section, a distance of 30.30 feet, to a point on the Easterly right of way line of Grandview Road (as now established); thence North 8 degrees 06 minutes 05 seconds East along said Easterly right of way line, a distance of 130.00 feet, to the true point of beginning of the tract of land to be herein described; thence continuing North 8 degrees 06 minutes 05 seconds East, along said Easterly right of way line, a distance of 192.89 feet, to the intersection of said Easterly right of way line, and a line drawn 319.67 feet North of and parallel to the South line of said section; thence due East along the last said parallel line, a distance of 200.00 feet; thence South 8 degrees 06 minutes 05 seconds West, and parallel to said Easterly right of way line, a distance of 192.89 feet, to a point on a line drawn 128,70 feet North of and parallel to the South line of said section; thence due West along the last said parallel line, a distance of 200.00 feet to the point of beginning, together with an easement for roadway purposes appurtenant to the aforesaid premises over the Northerly 30 feet of the property adjacent thereto on the South, as described in the instrument filed for record on the 13th day of August, 1969, as Document No. K-57461, and recorded in Book K-130, Page 663.d Octo

 

TRACT 5:Parcel #64-210-11-080-00-000-00

All that part of the Southwest of the Northeast of Section 2, Township 47, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Southwest corner of said section; thence due East along the South line of said section, a distance of 30.30 feet to a point on the Easterly right of way line of Grandview Road, a s now established; thence North 8 degrees 06 minutes 05 seconds East along said Easterly right of way line a distance of 322,89 feet to the true point of beginning of the tract of land to be herein described; thence continuing North 8 degrees 06 minutes 05 seconds East, along said Easterly right of way line, a distance of 61.72 feet; thence South 89 degrees 42 minutes 35 seconds East and parallel to the South line of Red Bridge Road, as now established, a distance of 150.00 feet; thence South 8 degrees 12 minutes 01 seconds West, a distance of 60.97 feet to a point on a line drawn 319.67 feet North of and parallel to the south line of said section; thence due West along the last said parallel line, a distance of 150.00 feet to the point of beginning.

 

is hereby rezoned from Districts C-1 (Neighborhood Retail Business) and CP-2 (Local Planned Business Center) to District CP-1 (Neighborhood Planned Business Center), all as shown outlined on a map marked Section 80-11A0640, 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 shall cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer submit a macro/micro storm drainage study for approval for the entire development when the first plat is submitted, and that the developer construct any improvements as required.

 

3. That the developer improve the southern one-half of 110th Street to collector street standards as required, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities, at the time of development of the adjacent frontage.

 

4. That the developer dedicate additional right of way for a primary arterial with a bicycle lane as required so as to provide a minimum of 56 feet of right of way as measured from the new centerline of Red Bridge Road.

 

5. That the developer dedicate additional right of way for a secondary arterial with a bicycle lane as required so as to provide a total of 46 feet of right of way as measured from the centerline of Grandview Road.

 

6. That the developer submit plans for grading and siltation and erosion control for approval prior to the commencement of any construction activities.

 

7. That the developer obtain a site disturbance permit prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

8. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required.

 

9. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required.

 

10. 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.

 

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

 

12. That the developer secure permits to construct or reconstruct existing sidewalks, curb & gutter, storm sewers, and street lights as necessary along all development street frontages, as required, prior to recording the plat.

 

13. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

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

 

15. That the developer secure the approval of the Missouri Highway and Transportation Department for any work within State right of way.

 

16. 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.

 

17. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero foot-candles at the plan boundary and no direct illumination beyond the property line)and building elevations (including materials of the trash enclosure to match the building).

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is 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