COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070267

 

Rezoning an area generally located at the northwest corner of Missouri Highway 152 and N. Amity Avenue from District GP-7 to District GP-3; and approving a preliminary development plan for commercial uses. (13474-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 80-11A0744 rezoning an area approximately 26.88 acres generally located on the northwest corner of Missouri Highway 152 and N. Amity Avenue from District GP-7 (agricultural and low density residential) to District GP-3 (regional business), and approving a preliminary development plan for 228,900 square feet of commercial uses, said section to read as follows:

 

Section 80-11A0744. That an area legally described as:

 

All that part of the Southeast Quarter of the Southwest Quarter of Section 2, Township 51 North, Range 34 West of the 5^th Principal Meridian, Kansas City, Platte County, Missouri lying Northerly of Highway Route T (Highway 152) and Westerly of Amity Road, being described as follows: Commencing at the Southeast corner of said Southwest Quarter; thence North 88^o5413 West (Deed North 88^o5406 West), along the South line of said Southwest Quarter, 1316.55 feet (Deed 1316.53 feet) to the Southwest corner of the Southeast Quarter of said Southwest Quarter; thence North 0^o0630 East (Deed North 0^o0619 East) along the West line of the Southeast Quarter of said Southwest Quarter, 157.29 feet (Deed 157.54 feet) to a point on the Northerly right-of-way line of said Route T, said point being the True Point of Beginning of the tract to be herein described; thence continuing North 0^o0630 East, along said West line, 1153.96 feet (Deed 1153.72 feet) to the Northwest corner of the Southeast Quarter of said Southwest Quarter; thence South 88^o5522 East (Deed South 88^o5521 East), along the North line of the Southeast Quarter of said Southwest Quarter, 1287.87 feet (Deed 1287.86 feet) to a point on the West right-of-way line of Amity Road, as now established; thence South 0^o1000 West (Deed South 00^o0950 West) along said West right-of-way line, 381.50 feet (Deed 381.59 feet) thence South 77^o0020 West (Deed South 76^o5326 West), along said West right-of-way line, 111.13 feet (Deed 110.80 feet) thence South 0^o1125 East (Deed South 00^o0410 East), along said West right-of-way line, 150.00 feet; thence South 0^o5128 East (Deed South 00^o4706 East) along said West right-of-way 163.36 feet (Deed 163.32 feet) to the North right-of-way line of said Highway Route T; thence South 69^o1113 West (Deed South 69^o1101 West) along said North right-of-way line, 386.26 feet; thence South 69^o0602 West (Deed South 69^o0550 West) along said North right-of-way line, 687.10 feet; thence South 81^o2754 West (Deed South 81^o2742 West) along said North line, 182.45 feet (Deed 182.26 feet) to the True Point of Beginning, containing 26.88 acres, more or less.

 

is hereby rezoned from District GP-7 (agricultural and low density residential) to District GP-3 (regional business), all as shown outlined on a map marked Section 80-11A0744, 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 Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer dedicate additional right of way for a primary arterial and bike lane as required by Development Services so as to provide a minimum of 56 feet from centerline on the west side of N. Amity Avenue.

 

3. That the developer construct a 300 foot northbound left turn lane with taper on N. Amity Avenue at the main plan entrance as required by Development Services, if the roundabout is deleted from the plan.

 

4. That the developer construct the main plan entrance with a three lane section at N. Amity Avenue as shown in the site plan with one through lane on each side and a center left turn lane as required by Development Services.

 

5. That the developer construct the north right-in/right-out drive with raised channelization islands at N. Amity Avenue as shown in the site plan, as required by Development Services.

 

6. That the developer enter into a cooperative agreement, prior to the approval of the first final plat application, to improve the operation of the intersection of N. Amity Avenue with Missouri Highway 152, according to the Missouri Department Transportation requirements for turning lanes at ramps and for through traffic, install signals and signal interconnection and share 50 percent of the cost of improvements as required by Development Services.

 

7. That the developer enter into a cooperative agreement, prior to the approval of the first final plat application, to share 50 percent of the cost of installation of a signal at the main entrance as shown on the development plan at N. Amity Avenue and coordinate construction with development on the east side of N. Amity Avenue and submit a temporary construction plan for the City's approval to show that the main entrance traffic will be handled without the signal if the main entrance connection is needed at this time and as required by Development Services.

 

8. That temporary off-site or on-site cul-de-sacs be constructed as required by Development Services.

 

9. That the developer insure that all plan intersections with N. Amity Avenue and the internal public street meet sight distance requirements as required by Development Services.

 

10. That the developer design and construct all interior streets to City standards as required by Development Services, including curb and gutter, storm sewers, streetlights, and sidewalks.

 

11. That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance 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.

 

12. 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.

 

13. 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.

 

14. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

15. 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.

 

16. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

17. 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.

 

18. That the developer grant a Noise and Aviation Easement to the City as required by Development Services.

 

19. That the developer submit covenants, conditions and restrictions to Development Services for review by the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

20. That the developer secure approval of the Street Naming Committee for all street names prior to submittal of the first final plat, and that the developer submit a copy of the approved street name plan as part of each final plat submittal to the Department of City Development.

21. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

22. That the developer relocate/extend existing water mains and extend private branch service piping as required by the Water Services Department

 

23. That the developer secure the approval of the Missouri Department of Transportation for any work within State right of way.

 

24. That the developer receive the approval of the Board of Zoning Adjustment for any necessary setback variances for buildings and parking along Missouri Highway 152.

 

25. That the developer comply with the KCI Airport Height zoning restrictions and that the developer include a fair disclosure statement with any real estate transaction.

 

26.              That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (including on-site street trees a maximum average spacing of 50 feet along public street frontages including Highway 152), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line), grading and building elevations.

 

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