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Legislation #: 970494 Introduction Date: 4/17/1997
Type: Ordinance Effective Date: 7/5/1997
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 80-11A0049, rezoning an area of approximately 11.39 acres generally located at the southeast corner of N. Oak Trafficway and N.E. Shoal Creek Parkway from District RA (Agricultural) to District CP-2 (Local Planned Business Center), and approving a preliminary plan for the same. (11924-CP-2)

Legislation History
DateMinutesDescription
4/17/1997

Prepare to Introduce

4/17/1997

Referred Planning, Zoning & Economic Development Committee

5/7/1997

Hold On Agenda

5/14/1997

Hold On Agenda

5/21/1997

Hold On Agenda

5/28/1997

Hold On Agenda

6/4/1997

Hold Off Agenda

6/25/1997

Advance and Do Pass

6/26/1997

Passed


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ORDINANCE NO. 970494

 

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 80-11A0049, rezoning an area of approximately 11.39 acres generally located at the southeast corner of N. Oak Trafficway and N.E. Shoal Creek Parkway from District RA (Agricultural) to District CP-2 (Local Planned Business Center), and approving a preliminary plan for the same. (11924-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, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0049, rezoning an area of approximately 11.39 acres generally located at the southeast corner of N. Oak Trafficway and N.E. Shoal Creek Parkway from District RA (Agricultural) to District CP-2 (Local Planned Business Center), said section to read as follows:

 

Section 80-11A0049. That an area legally described as:

 

All that part of the Southeast Quarter of Section 26, Township 52, Range 33, in the City of Kansas City, Clay County, Missouri, described as follows: Commencing at the northwest corner of the Southeast Quarter of said Section 26; thence South 89 30'57" East along the north line of the Southeast Quarter of said Section 26, a distance of 30.00 feet to the point of beginning of the tract of land herein to be described; thence continuing South 89 30'57" East along the north line of the Southeast Quarter of said Section 26, a distance of 680.00 feet; thence South 00 32'17" West parallel with the west line of the Southeast Quarter of said Section 26, a distance of 235.49 feet; thence South 09 15'19" West, a distance of 170.13 feet; thence South 27 16'46" West, a distance of 144.44 feet; thence South 00 32'17" West parallel with the west line of the Southeast Quarter of said Section 26, a distance of 143.16 feet; thence southwesterly along a curve to the left, having an initial tangent bearing of South 35 05'18" West and a radius of 225.00 feet, an arc distance of 47.39 feet; thence southwesterly along a reverse curve to the right and having a radius of 175.00 feet, an arc distance of 206.22 feet; thence North 89 27'43" West, a distance of 71.54 feet; thence northwesterly along a curve to the right, being tangent to the last described course and having a radius of 175.00 feet, an arc distance of 132.64 feet; thence northwesterly along a reverse curve to the left and having a radius of 230.00 feet, an arc distance of 174.33 feet; thence North 89 27'43" West, a distance of 55.00 feet to a point 30.00 feet east of the west line of the Southeast Quarter of said Section 26; thence North 00 32'17" East along a line 30.00 feet east of and parallel with the west line of the Southeast Quarter of said Section 26, a distance of 713.92 feet to the point of beginning. Said tract of land contains 11.36 acres, more or less.

 

is hereby rezoned from District RA (Agricultural) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80-11A0049, 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 Engineer's Office for approval when the first final plat is submitted and that the

developer construct any necessary 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 beginning any construction activities.

 

4. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

 

5. That the developer dedicate additional right of way for N. Oak Trafficway as required by the Department of Public Works so as to provide a total of 50 feet of right of way

as measured from the centerline of N. Oak Trafficway.

 

6. That the developer improve the east half of N. Oak Trafficway to primary arterial street standards as required by the Department of Public Works or enter into a

cooperative agreement with the City whereby the developer agrees to contribute

$95,676.00 for the improvement to the east side of N. Oak Trafficway at the rate of

$134.00 per front foot.

 

7. That the developer dedicate additional right of way for N.E. Shoal Creek Parkway as required by the Board of Parks and Recreation Commissioners so as to provide a total

of 100 feet of right of way as measured from the centerline of N.E. Shoal Creek

Parkway (ensuring that the parkway aligns with the right of way dedicated

immediately adjacent to the east).

 

8. That the developer improve one half of N.E. Shoal Creek Parkway to parkway standards as required by the Board of Parks and Recreation Commissioners and align

the intersection of N. Oak Trafficway and N.E. 108th Street at such time that Phase

II develops.

 

9. That the developer enter into an agreement with the City whereby the developer agrees to contribute $40,000.00 towards the cost of a traffic signal to be placed at

N.E. Shoal Creek Parkway, N.E. 108th Street and N. Oak Trafficway.

 

10. That the developer provide cross-access easements as required by the Department of Public Works for each final plat.

 

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

 

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

 

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

 

14. That the developer locate the proposed detention basin so as to ensure than an adequate buffer of 30 feet adjacent to the property lines is available for landscaping

and berming.

 

15. That the developer submit final plans to the City Plan Commission for approval including plans for landscaping and signage (including elevations). The landscaping

plan shall identify adequate area for planting of trees and shrubs within the parking

lot.

 

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 970494, 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:

 

 

___________________________________

Assistant City Attorney