HomeMy WebLinkAboutOrd 0443 CITY OF MISSION
ORDINANCE NO. 443
AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE CITY
OF MISSION, KANSAS; AND AMENDING ORDINANCE NO. 253 OF THE
CITY OF MISSION, KANSAS.
WHEREAS, an application has heretofore been made to rezone the property
herein described from all previous zoning to the rezoned classification of R5
High Rise Apartment House and C2 General Business District Zoning according
to Sections 9 and 12 of Ordinance No. 253; and
WHEREAS, notice of said application was duly given in the official city
newspaper, and notice was mailed to all persons who owned land within 200 feet
of the periphery of the area to be zoned, all as required by law, and proof of said
mailing and publication being duly submitted by the applicant; and
WHEREAS, a public hearing was held pursuant to law before the City
Planning Commission of the City of Mission, Kansas, and recommendation thereon
submitted to the City Council of Mission, Kansas, which body also held a public
hearing thereon; and
WHEREAS, the Governing Body of the City of Mission, Kansas, has duly
considered the application for rezoning, the recommendation of the Planning
Commission, the request presented by the applicant; and upon consideration of
same and all ramifications thereof, it is the finding and determination of this
Governing Body that the recommendation of the Planning Commission should be
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
THE CITY OF MISSION, KANSAS:
SECTION 1. That the Zoning Regulations and Zoning District Map are hereby
amended and changed as regards and effects the following described
lands, to -wit:
All that part of the NW 1/4 of Section 5, Township 12, Range 25,
Johnson County, Kansas, more particularly described as follows:
Beginning at the Southwest corner of the NW 1/4 of said Section 5;
thence N 0 29' 33" W, along the West line of the NW 1/4 of said
Section 5, a distance of 1318. 21' to the South line of N 1/2 of NW 1/4,
Section 5- 12 -25, thence 397. 33' East along said line; thence South-
westerly, Southerly, and Southeasterly, along the Northerly and
Westerly right -of -way line of said Foxridge Drive, said line being
on a curve to the left, having a radius of 430 feet, a distance of
230.18', to a point of tangency; thence S 15 47' E, along the Westerly
right -of -way line of said Foxridge Drive, a distance of 258. 27 feet,
to a point of curvature; thence Southeasterly and Southerly, along
the Westerly right-of-way line of said Foxridge Drive, said line being
on a curve to the right, having a radius of 2970 feet, a distance of
818.15 feet, to a point of tangency; thence S 0 W, along the Westerly
right -of -way line of said Foxridge Drive, a distance of 34.16 feet, to
a point on the South line of the NW 1/4 of said Section 5; thence N 90 W,
along the South line of the NW 1/4 of said Section 5, a distance of 570
feet, to the point of beginning.
-2-
SECTION 2. That all the land as described in Section 1 hereof should be and
the same is hereby rezoned and reclassified as R5 High Rise
Apartment Building Zoning, according to Section 9, Ordinance No. 253, subject
to the following restrictions, conditions and additions:
1. A total of 7, 000 square feet of the above described lands are
allowed to be constructed as C2 General Business for the
purpose of construction of grocery store or delicatessen use
in conjunction and connection to and as a part of R5 High Rise
Apartment House use.
SECTION 2. Subject to the owner of said tract granting to the City a five (5)
foot easement for street purposes along Foxridge Drive on the
entire east side of the property zoned.
SECTION 3. That Ordinance No. 253, the Zoning Ordinance, the District
Zoning Map and all Zoning Regulations are hereby amended
and changed to conform herewith.
SECTION 4. All other zoning ordinances or provisions of the City of Mission,
Kansas, otherwise limiting the use of the above described real
property, except Section 9 of Ordinance No. 253 and Section 12, as limited
herein and inconsistant with this ordinance are hereby repealed.
SECTION 5. The City Clerk is hereby directed to cause and effect amend-
ments of the official zoning map by indication thereon the changes
in zoning hereby made.
SECTION 6. This ordinance shall take effect and be in force from and after
its official publication.
Passed by the City Council this 11th day of April, 1973.
Approved by the Mayor this 11th day of April, 1973.
George D. Anderson, Mayor
Attest:
Dorothy N. Beaver, City Clerk
(Seal)
1
hrt