FOR ORDINANCE NO. 061141
Rezoning an area of approximately 30 acres generally
located on the west side of N. Congress Avenue, about 1,200 feet south of N.W. Tiffany Springs Road, from District GP-6 to District GP-4, and approving a development
plan for the same. (10918-GP-3)
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 80-11A0706, rezoning an area of approximately 30 acres
generally located on the west side of N. Congress Avenue, about 1,200 feet
south of N.W. Tiffany Springs Road from District GP-6 (Low Density Residential)
to District GP-4 (High Density Residential), said section to read as follows:
Section 80-11A0706. That an area
legally described as:
A tract of land in
the Southwest Quarter of Section 1, Township 51, Range 34, Kansas City, Platte
County, Missouri, being bounded and described as follows: Commencing at the
Northeast corner of said Southwest Quarter; thence South 01655 West along
the East line of said Southwest Quarter, 1373.72 feet to the True Point of
Beginning of the tract to be herein described; thence continuing South 01655
West along said East line, 723.51 feet to a point on the Northerly right-of-way
line of Missouri Highway 152, as now established; thence South 831047 West along
said Northerly line, 101.03 feet; thence South 604157 West along said
Northerly line, 274.27 feet; thence South 872748 West along said Northerly
line, 120.81 feet; thence South 734505 West along said Northerly line,
210.71 feet; thence South 515624 West along said Northerly line, 99.54 feet;
thence South 735634 West along said Northerly line, 196.21 feet; thence
North 023953 West along said Northerly line, 16.33 feet; thence South
790833 West along said Northerly line, 178.58 feet; thence North 840802
West along said Northerly line, 217.47 feet; thence South 831544 West along
said Northerly line, 379.80 feet; thence North 750630 West along said
Northerly line, 42.46 feet; thence South 862710 West along said Northerly line,
72.08 feet; thence South 792347 West along said Northerly line, 51.05 feet;
thence North 022849 West, 96.14 feet; thence North 444937 East, 1425.37
feet; thence South 545535 East, 30.22 feet; thence Easterly on a curve to
the left, tangent to the last described course, having a radius of 500.00 feet,
an arc distance of 501.03 feet; thence Easterly on a curve to the right, having
a common tangent with the last described course, a radius of 750.00 feet, an
arc distance of 296.13 feet; thence South 894305 East, 74.21 feet to the
True Point of Beginning. Containing 29.57 acres more or less.
is hereby rezoned from District
GP-6 (Low Density Residential) to District GP-4 (High Density Residential), all
as shown outlined on a map marked Section 80-11A0706, 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, commonly known as the Subdivision Regulations.
2. That the developer submit a macro "overall" storm
drainage study for the entire Riverstone Development to Development Services
for approval at the time the first plat is submitted, with a micro
"detailed" storm drainage study to be submitted for each phase at the
time of final platting, and that the developer construct any necessary
improvements as required by Development Services.
3. That the developer design and construct all interior streets
to City standards as shown on the development plan and as required by Development
Services, including curb, gutter, storm sewers, streetlights, and sidewalks.
4. That the developer cause the median break in N. Congress
Avenue across from drive No. 10 to be closed to ensure an adequate storage
length of the northbound left turn shown in the traffic study.
5. That the developer dedicate additional right of way for a
secondary arterial, if necessary, with a bike lane and turn lanes as required
by Development Services so as to provide a minimum of 52 feet from centerline
or as approved according to the approved design of N. Congress Avenue.
6. That the developer
obtain the grading consents, and all necessary grading, temporary construction
and drainage/sewer easements from the abutting property owner prior to
submitting any public improvements.
7. That the developer shall
subordinate to the City all private interest in the area of any right-of-way
dedication as required by Development Services, and that the developer shall be
responsible for all costs associated with subordination activities.
8. That the developer construct temporary off-site cul-de-sacs
as required by Development Services.
9. That the developer submit a street name signage plan for the
entire development area for approval by the Street Naming Committee prior to
submittal of the first final plat.
10. That the developer submit plans for grading, siltation, and
erosion control to Development Services for approval and permitting prior to
beginning any construction activities.
11. That the developer secure a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing, or
grubbing activities, if the disturbed area exceeds one acre.
12. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
13. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by Development Services.
14. That the developer extend water mains as required by the Water
15. That the developer provide access restrictions to prohibit
direct vehicular access from any lots or units to N. Congress and that the
restriction be placed on the Final Plat.
16. That the developer construct hard surface all-weather roads
and provide for fire protection as required by the Fire Department prior to
construction beyond footings and foundations.
17. That the developer submit covenants, conditions and
restrictions to the Law Department for approval for the maintenance of private
open space and for fencing material and heights of fencing along N. Congress,
and enter into a covenant agreement for the maintenance of any stormwater
detention area tracts.
18. That the developer grant a Noise and Aviation Easement to the
City as required by Development Services.
19. That the developer construct no structure which exceeds the
KCIA height zoning restrictions.
20. That the developer provide and record a KCI Fair Disclosure
Statement at the time of the final plat.
21. That the developer contribute $54,509.93 in lieu of parkland
dedication for 456 multifamily units in satisfaction of Section 66-128 of the
Subdivision Regulations and calculated as follows:
456 MF units x 2 persons/lot x 0.006 acres/person = 5.47 acres
5.47 acres x $9,961.61 = $54,509.93
22. That the developer submit a landscape and architectural final
plan to the City Plan Commission for approval which includes detailed
information on landscaping, lighting, architectural features and signage.
23. That the developer restrict development on any property
determined to be within the 70 dBA noise level measured in L10 and as shown on
the Predicted Noise Level aerial photo as supplied by the Missouri Highway
and Transportation Department associated with proposed M-152, and show this
line on the final plat.
24. That the developer construct the Northland Vision Trail as
required by City Development Department and Public Works Department staff at
the time of the adjacent final plat.
A copy of said development plan
is on file in the office of the City Clerk with this ordinance and is made a
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.
City Plan Commission
as to form and legality:
Margaret Sheahan Moran
Assistant City Attorney