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Legislation #: 970125 Introduction Date: 1/30/1997
Type: Ordinance Effective Date: 3/6/1997
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 80-11A0024, rezoning an area of approximately 2.38 acres generally located at the southeast corner of N.E. Barry Road and N. Oak Trafficway from Districts C-2 (Local Retail Business) and R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited District), and approving a preliminary plan for the same. (9476-P-1)

Legislation History
DateMinutesDescription
1/30/1997

Prepare to Introduce

1/30/1997

Referred Planning, Zoning & Economic Development Committee

2/19/1997

Do Pass

2/20/1997

Assigned to Third Read Calendar

2/24/1997

Passed as Amended

2/24/1997

Amended


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ORDINANCE NO. 970125, AS AMENDED

 

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 80-11A0024, rezoning an area of approximately 2.38 acres generally located at the southeast corner of N.E. Barry Road and N. Oak Trafficway from Districts C-2 (Local Retail Business) and R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited District), and approving a preliminary plan for the same. (9476-P-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, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0024, rezoning an area of approximately 2.38 acres generally located at the southeast corner of N.E. Barry Road and N. Oak Trafficway from Districts C-2 (Local Retail Business) and R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited District), said section to read as follows:

 

Section 80-11A0024. That an area legally described as:

 

This is a survey and replat of Lots 34 to 48 and Lots 54 to 64 in East Gashland, an addition in Kansas City, Clay County, Missouri, together with a vacated N.E. Gashland Drive from the east line of N. Oak Trafficway to the south line of N.E. Barry Road, and together with one half of N. Flagor Road from the north line of N.E. 83rd Street to N.E. Gashland Drive including the intersection therewith, except that portion of the intersection recorded in Book 1866, page 342 and together with the north-south alley next east of N. Oak Street Trafficway from the south line of Barry Road to the northwesterly line of N.E. Gashland Drive and together with the east-west alley north of and adjacent to Lot 34, East Gashland, except the east 5 feet thereof, and together with one half of the north-south alley east of and adjacent to Lots 35 through 44 and the southerly 15 feet of Lot 45, except that part of Lots 48, 54 and 57 and that portion of N.E. Gashland Drive in the limits of the land conveyed for state highway purposes, and except that part of Lots 57 through 64 taken by condemnation for right of way purposes as recorded in Document No. E-19576, Book 1417, page 233; more particularly described as follows: Commencing at the northwest corner of the Southeast Quarter of Section 11, Township 51 North, Range 33 West, of the 5th Principal Meridian, said point being the point of beginning of the herein described tract; thence east along the north line of said Southeast Quarter on a bearing of South 89 45'43" East, a distance of 466.76 feet; thence south on a bearing of South 0 14'17" West, a distance of 30.00 feet to the northeast corner of Lot 48 in said East Gashland; thence southwesterly on a bearing of South 36 59'28" West, along the easterly line of Lots 48, 47, 46 and the northeasterly 10 feet of Lot 45, a distance of 159.67 feet; thence on a bearing of South 53 00'45" East, a distance of 5.00 feet to the centerline of the alley vacated in Ordinance No. 58130, Document No. F-13373, recorded in Book 1627, page 639, Jackson County Recorder of Deeds Office; thence on a bearing of South 36 59'28" West, along the centerline of said alley a distance of 275.00 feet to the northeasterly line of Lot 34; thence southeast along the northeasterly line of Lot 34, on a bearing of South 53 00'45" East, a distance of 5.00 feet to the most easterly corner of said Lot 34; thence southwest on a bearing of South 36 59'28" West, along the southeasterly line of said Lot 34, a distance of 106.97 feet to the southeast corner of said lot, said point also being on the north right of way line of N.E. 83rd Street; thence west on a bearing of North 89 48'28" West, along the south line of said Lot 34, the north line of N.E. 83rd Street and the westerly prolongation of the north line of N.E. 83rd Street a distance of 30.00 feet to the centerline of N. Flagor Road, vacated in said Ordinance No. 58130; thence northwest on a bearing of North 25 03'31" West, along the centerline of vacated N. Flagor Road, a distance of 131.32 feet to its intersection with the centerline of vacated N.E. Gashland Drive; thence north on a bearing of North 00 40'52" East a distance of 14.77 feet; thence west on a bearing of North 88 55'04" West a distance of 67.28 feet to the centerline of N. Oak Trafficway; thence north along said centerline, on a bearing of North 0 40'52" East, a distance of 335.50 feet to the point of beginning containing 138,020 square feet or 3.17 acres more or less, except that portion in street right of way containing 41,463 square feet or 0.952 acres more or less.

 

is hereby rezoned from Districts C-2 (Local Retail Business) and R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited District), all as shown outlined on a map marked Section 80-11A0024, 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 to the City Engineer's Office for approval and that the developer make any 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 extend water mains as required by the Water Services Department.

 

5. That the developer dedicate additional right of way for N.E. Barry Road as required by the Department of Public Works so as to provide a total of 55 feet of right of way

as measured from the centerline of N.E. Barry Road.

 

6. 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 57 feet of right of way

as measured from the centerline of N. Oak Trafficway.

 

7. That the developer construct an eastbound right turn lane on the south side of N.E. Barry Road and reconstruct the sidewalk as required by the Department of Public

Works so as to serve the driveway entrance onto N.E. Barry Road.

 

8. That the developer construct a northbound right turn lane on N. Oak Trafficway at its intersection with N.E. Barry Road and reconstruct the sidewalk as required by the

Department of Public Works.

 

9. That the developer remove all non-functioning driveways and reconstruct the sidewalks and curbs as required by the Department of Public Works.

 

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

 

11. That the developer submit a final plan to the City Plan Commission for approval, including plans for signage and landscaping.

 

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 970125, 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