ORDINANCE NO. 060726
Approving a development plan in
District GP-7 (agricultural and low density residential) on a 33.67 acre tract
of land generally located north of the I-29/I-435 interchange at the southwest
corner of N. Winan Avenue and N.W. 128th Street. (13526-GP)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
a development plan in District GP-7 (Agricultural and Low Density Residential
Uses) on approximately a 33.67 acre tract of land generally located north of
the I-29/I-435 interchange at the southwest corner of N. Winan Avenue and N.W. 128th Street, and more specifically described as follows:
All that part of the Northeast
Quarter of Section 15, Township 52, Range 34, Kansas City, Platte County,
Missouri, being bounded and described as follows: Beginning at the Northeast
corner of said Northeast Quarter; thence South 0 degrees 31 minutes 58 seconds
West, along the East line of said Northeast Quarter, 1578.02 feet to a point on
the Northerly right of way line of Interstate Route 435, as now established;
thence North 41 degrees 59 minutes 14 seconds West, along said Northerly line,
63.97 feet; thence North 49 degrees 27 minutes 49 seconds West, along said
Northerly line, 354.16 feet; thence North 60 degrees 32 minutes 40 seconds West
along said Northerly line 245.35 feet; thence North 55 degrees 08 minutes 22
seconds West, along said Northerly line, 550.04 feet; thence North 26 degrees
41 minutes 33 seconds West, along said Northerly line, 549.75 feet; thence
North 57 degrees 13 minutes 57 seconds West, along said Northerly line, 420.12
feet; thence North 72 degrees 27 minutes 46 seconds West, along said Northerly
line, 313.04 feet; thence North 68 degrees 14 minutes 55 seconds West, along
said Northerly line, 149.41 feet to a point on the North line of the
aforementioned Northeast Quarter; thence South 89 degrees 54 minutes 50 seconds
East, along the North line of said Northeast Quarter, 2029.06 feet to the point
of beginning, except that part on the East being used for road right of way.
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 submit a micro storm drainage study to
Development Services for approval for the entire development when the first
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
primary arterial with a bike path as required by Development Services so as to
provide a minimum of 56 feet of right of way as measured from the proposed
centerline of N.W. 128th St.
4. That the developer dedicate additional right of way for a
secondary arterial as required by Development Services so as to provide a total
of 40 feet of right of way as measured from the proposed centerline of N. Winan Ave.
5. That the developer obtain a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing or
grubbing activities, if the disturbed area exceeds one acre.
6. That the developer submit plans for grading, siltation, and
erosion control to Development Services for approval and permitting prior to
beginning any construction activities.
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 extend water mains as required by the
Water Services Department.
9. That the developer extend sanitary sewers to ensure
individual service is provided to all proposed lots and determine adequacy as
required by Development Services.
10. That the developer obtain a floodplain certificate from
Development Services prior to beginning any construction activities within the
11. That the developer provide adequate sight distance be provided
for each connection to N. Winan Avenue as required by Development Services.
12. That the final plat show the limits of the 100-year floodplain
and show the lowest opening or elevation or Minimum Low Opening (MLO) of any
structure on each lot that abuts a 100-year floodplain area.
13. That the developer grant a Noise and Aviation Easement to the
City as required by Development Services.
14. That the developer submit covenants, conditions and
restrictions to 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.
15. 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.
16. That the developer submit a final plan for each phase to the
City Plan Commission for approval, including detailed information on
landscaping, signage (including elevations), lighting including a photometric
study showing zero footcandles at the property lines, and building elevations.
A copy of said development plan
is on file in the office of the City Clerk with this ordinance and is made a
Section B. 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.
Approved as to
form and legality:
Assistant City Attorney