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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney