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Legislation #: 140680 Introduction Date: 8/21/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 9 acre tract of land generally located at the northeast corner of E. 79th Street and Holmes Road from Districts R-1.5 and R-0.5 to MPD, and approving a development plan to allow for continued use of existing structure and the reuse of the currently vacant building. (7613-MPD-6)

Legislation History
DateMinutesDescription
8/20/2014 Filed by the Clerk's office
8/21/2014 Referred to Planning, Zoning & Economic Development Committee
8/27/2014 Advance and Do Pass, Debate
8/28/2014 Passed

View Attachments
FileTypeSizeDescription
140680.pdf Authenticated 203K Authenticated
140680 Fact Sheet.pdf Fact Sheet 417K Fact Sheet
C007613MPD6_Section Map.pdf Maps 3397K Section Map
C007613MPD6_STAFFRPT_07_01_14.pdf Staff Report 2713K Staff Report

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ORDINANCE NO. 140680

 

Rezoning a 9 acre tract of land generally located at the northeast corner of E. 79th Street and Holmes Road from Districts R-1.5 and R-0.5 to MPD, and approving a development plan to allow for continued use of existing structure and the reuse of the currently vacant building. (7613-MPD-6)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A0972, rezoning an approximately 9 acre tract of land generally located at the northeast corner of E. 79th Street and Holmes Road from Districts R-1.5 (Residential 1.5) and R-0.5 (Residential 0.5) to MPD (Master Planned District), said section to read as follows:

 

Section 88-20A0972. That an area legally described as:

 

All that part of Lot J, Garden Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, being more particularly described as follows: Commencing at the northwest corner of the Southeast Quarter of the Northeast Quarter of Section 17, Township 48, Range 33 in said city, county and state; thence South 0 degrees 40 minutes 57 seconds West along the west line of said Quarter-Quarter Section, a distance of 671.1 feet ; thence South 89 degrees 57 minutes 31 seconds East, 40 feet to a point on the east right-of-way line of Holmes Road, as now established and the point of beginning of the parcel of land to be herein described; thence continuing South 89 degrees 56 minutes 31 seconds East, 12.5 feet distant south of and parallel with the north line of said Lot J, a distance of 619.06 feet to a jog in the west right-of-way line of Campbell Street, as now established; thence South 0 degrees 40 minutes 17 seconds East along said jog, a distance of 12.5 feet to the northwest corner of Lot 38, Tower Park, a subdivision in said city, county and state, according to the recorded plat thereof, being also a point on the south right-of-way line on 78th Street; thence South 0 degrees 40 minutes 17 seconds East along the west line of said Tower Park, a distance of 609.04 feet to a point 25 feet north of the south line of said Lot J; thence North 89 degrees 59 minutes 34 seconds West, 25 feet distant north of and parallel with the south line of said Lot J, a distance of 618.94 feet to a point on the east right-of-way line of said Holmes Road; thence North 0 degrees 40 minutes 57 seconds West along said east right-of-way line, 40 feet distant east of and parallel with the west line of said Quarter-Quarter Section line, a distance of 622.09 feet to the point of beginning, known as Lot J-1 by the Certificate of Survey filed May 2, 2000 as Document No. 2000K0024024.

 

is hereby rezoned from Districts R-1.5 (Residential 1.5) and R-0.5 (Residential 0.5) to MPD (Master Planned District), all as shown outlined on a map marked Section 88-20A0972, 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 in accordance with Section 88-20 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That, prior to expanding the Group Day Care Use in the existing 1 story brick building as shown on the MPD Development Plan to a Day Care Center Use, the developer shall eliminate the access to Campbell Street and establish a new internal access to the building through the property from Holmes Road.

 

2.                  That the developer submit a final MPD Development Plan to the Director of City Development for approval by the Development Review Committee prior to issuance of a building permit. The final MPD Development Plan shall meet the development standards of Chapter 88-400 including; plan information; property uses; setback distances; lighting (with a photometric study); landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery; (ii) buildings and dumpster elevation drawings; (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section; streetscaping; signage (including elevations); and architectural characteristics.

 

3.                  That the developer enter into an unsecured deferral agreement at the time of the approval of a final MPD Development Plan for the construction of sidewalks along Holmes Road at such time as sidewalks are constructed and connected to the property on the north or south sides.

 

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 88, 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