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ORDINANCE NO. 031280
Amending
Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0529,
rezoning an area of approximately 17 acres generally located on the east side
of Eastern Avenue between E. U.S. 40 Highway and I-70 from District M-1 (Light
Industry) to District PD/M-1 (Planned District/Light Industry), and approving a
development plan for the same. (10963-PD-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,
commonly known as the Zoning Ordinance, is hereby amended by enacting a new section
to be known as Section 80-11A0529, rezoning an area of approximately 17 acres
generally located on the east side of Eastern Avenue between E. U.S. 40 Highway
and I-70 from District M-1 (Light Industry) to District PD/M-1 (Planned
District/Light Industry), said section to read as follows:
Section
80-11A0529. That an area legally described as:
Lots 1-6: Commencing at the southwest corner of
Section 18, Township 49 North, Range 32 West, thence along the west line
thereof North 1E43'36" East, a distance
of 701.92 feet; thence departing said line South 86E31'41" East, parallel with the south
line of the Southwest Quarter of said section a distance of 371.87 feet to a
point on the north right of way of Interstate 70 Highway, as now established
and point of beginning; thence North 43E03'41"
West along said right of way a distance of 325.30 feet; thence continuing along
said right of way North 39E37'40"
West, a distance of 4.01 feet; thence departing said line North 19E39'07" East, a distance of 1010.88 feet
to a point being previously described as being on the south line of the Old
Westport Road; thence along said south line South 62E55'17" East, a distance of 187.73
feet to its intersection with the south right of way of U.S. Highway 40, as now
established; thence along said south highway right of way South 57E47'05" East, a distance of 162.00
feet; thence continuing along said line South 54E14'44" East, a distance of 248.73 feet to
the intersection of said right of way with the northerly prolongation of the
west line of a tract of land described in Book I 2860, page 2067 at the Jackson
County Recorder's office; thence South 01E12'38"
West along said deed line and its prolongation a distance of 912.33 feet to the
northeast corner of a tract of land described in Document No. 2000I35769;
thence along the north line thereof North 86E31'41"
West parallel with the south line of the Southwest Quarter of said Section 18,
a distance of 603.20 feet to the point of beginning, containing 749,070 square
feet or 17.20 acres, more or less, subject to easements and restrictions of
record.
is
hereby rezoned from District M-1 (Light Industry) to District PD/M-1 (Planned
District/Light Industry), all as shown outlined on a map marked Section
80-11A0529, 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 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 when the first final plat is submitted 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 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.
5. That the developer secure a
land disturbance permit from the Missouri Department of Natural Resources if
the disturbed area of the entire development exceeds one acre.
6. 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.
7. That the developer secure a
permit from the Missouri Department of Transportation prior to working within
any State right of way.
8. That the developer submit a
street name signage plan to the Street Naming Committee for approval.
9. That the developer extend
and/or relocate sanitary sewers and/or storm sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
the Department of Public Works.
10. That the developer submit
covenants, conditions and restrictions to the Law Department for approval.
11. That the developer provide for
fire protection as required by the Fire Department.
12. That the developer extend water
mains as required by the Water Services Department.
13. That the developer design and
construct all interior streets to City standards as required by the Department
of Public Works, including construction of curb, gutter, storm sewers and
sidewalks and installation of streetlights.
14. That the developer install
sidewalks along the frontage of M-40 Highway as required by the Department of
Public Works.
15. That the developer provide a
westbound left-turn lane or that evidence be provided that a westbound
left-turn lane is not needed as required by the Missouri Department of
Transportation.
16. That the developer include a
statement on the final plat prohibiting vehicular access onto proposed Lots 1
and 4 from M-40 Highway as shown on the development plan.
17. That the developer abate all
outstanding site code violations prior to the approval of a final plan.
18. 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 development
plan is on file in the office of the City Clerk under Document No. 031280,
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