COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 080231
Rezoning an area of approximately 158.2 acres generally
located at the southeast corner of N. Congress and N.W. 108th Street from
District GP-7 to District GP-1, and approving a development plan. (13886-GP)
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 80-11A0794, rezoning an area of approximately 158.2 acres
generally located at the southeast corner of N. Congress and N.W. 108th Street
from District GP-7 (Agricultural, Low Density Residential) to District GP-1 (General
Industry), said section to read as follows:
Section 80-11A0794. That an area
legally described as:
A tract of land in the Southeast Quarter of Section 25, Township 52 North, Range
34 West and the Southwest Quarter of Section 30, Township 52 North, Range 33 West
in Kansas City, Platte County, Missouri, described as follows: Beginning at
the northwest corner of the Southwest Quarter of said Section 30; thence North
8949'56" East (deed - North 8924'40" East, 867.67 feet) along the
north line of said Southwest Quarter, 867.67 feet to the northwest corner of a
tract of land recorded in Book 915 at page 528 in the Office of the Recorder of
said Platte County; thence South 1252'11" West (deed South
1226'00" West, 1751.04 feet) along the west line of said tract, 1751.55
feet; thence South 4922'31" West (deed - South 4855'20" West,
651.78 feet) along said west line, 651.78 feet to the west line of said Southwest
Quarter; thence continuing South 4922'31" West (deed - South
4855'20" West, 52.44 feet) along the west line of said tract, 52.18 feet
to the northeast corner of a tract of land recorded in Book 943 at page 679 in
said Office of the Recorder; thence North 8823'18" West (deed - North
8850'47" West, 2619.61 feet) along the north line of said tract, 2619.40
feet to the west line of said Southeast Quarter; thence North 0020'34" East
(deed - North 0006'40" West, 914.61 feet) along said west line, 914.61
feet; thence South 8953'41" East, 30.00 feet to the east line of N. Congress
Avenue, as described by document recorded in Book 599 at page 47 in said Office
of the Recorder; thence North 0020'34" East along said east line, 1112.32
feet; thence North 3434'37" East along said east line, 45.72 feet; thence
North 0020'34" East along said east line, 30.00 feet to the north line of
said Southeast Quarter; thence South 8953'41" East along said north line,
2606.88 feet (deed - North 8939'20" East) to the northeast corner of said
southeast corner and the point of beginning. Containing 158.21 acres more or
less.
is hereby rezoned from District
GP-7 (Agricultural, Low Density Residential) to District GP-1 (General Industry),
all as shown outlined on a map marked Section 80-11A0794, 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 above described area 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/micro storm drainage study to Development Services
for review and acceptance for the entire development when the final plat is
submitted, and that the developer construct any improvements as required by
Development Services.
3. That
the developer dedicate additional right of way for a collector as required by
Development Services so as to provide a minimum of 36 feet of right of way as
measured from the centerline of 108th Street.
4. That
the developer dedicate additional right of way for a secondary arterial with a
bike lane and Special Purpose Rapid Transit Corridor as required by Development
Services so as to provide a minimum of 96 feet of right of way as measured from
the section line of N. Congress Avenue.
5. That
the developer design and construct all interior streets to City standards as
required by Development Services, including curb, gutter, storm sewers, streetlights,
and sidewalks.
6. That
the developer obtain the grading consents, and all grading, temporary
construction and drainage/sewer easements from the abutting property owner
prior to submitting any public improvements.
7. That
the developer 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 be responsible for all costs associated with subordination
activities.
8. That
the developer submit plans for grading, siltation, and erosion control to
Development Services for review, acceptance, and permitting prior to beginning
any construction activities.
9. That
the developer secure a site disturbance permit from Development Services prior
to beginning any construction, grading, clearing, or grubbing activities, if
the disturbed area equals one acre or more.
10. That
the developer extend sanitary sewers to ensure individual service is provided
to all proposed lots and determine adequacy as required by Development
Services.
11. 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.
12. That
the access drive for Lot 2, aligned with N.W. 107th Terrace, be the only lot
with direct access to N. Congress Avenue and that access restrictions be
provided to prohibit direct vehicular access to N. Congress Avenue from Lots 1,
3 and 4 and that the restriction be placed on the final plat.
13. That
the developer obtain a floodplain certificate from Development Services prior
to beginning any construction activities within the floodplain.
14. That
the developer show the limits of the 100-year floodplain on the final plat.
15. That
the developer grant a Noise and Aviation Easement to the City as required by
Development Services.
16. That
the developer grant a Surface Drainage Easement to the City as required by
Development Services.
17. That
the developer submit covenants, conditions and restrictions to Development
Services for approval by the Law Department for the maintenance of private open
space and enter into a covenant agreement for the maintenance of any stormwater
detention area tracts.
18. That
the developer submit a final GP district plan including landscaping, grading,
lighting, building elevations and signage.
19. That
the developer provide 64 feet of right of way for the N.W. 106th Terrace for a
collector street with a center turn lane.
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