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Legislation #: 061416 Introduction Date: 12/14/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FAIRFIELD AND COUNCILMEMBER COOPER
Title: Rezoning an area of approximately 1.32 acres generally located south of Missouri Highway 152 on the northeast side of N.W. Prairie View Road, about 1,500 feet east of N. Congress Avenue, from Districts GP-3/4 and GP-5 to District GP-3/4 and approving a development plan for the same. (13707-GP) (District MM)

Legislation History
DateMinutesDescription
12/14/2006 Filed by the Clerk's office
12/14/2006 Referred to Planning, Zoning & Economic Development Committee
1/3/2007 Hold On Agenda (1/10/2007)
1/10/2007 Advance and Do Pass as a Committee Substitute, Debate
1/11/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
061416.pdf Authenticated 269K Authenticated
061416 Mailing List.pdf Plan Mailing List 72K Mail List
061416 Document Map.pdf Maps 94K Document Maps
Adv. 010307 No. 2.pdf Advertise Notice 10K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 061416

 

Rezoning an area of approximately 1.32 acres generally located south of Missouri Highway 152 on the northeast side of N.W. Prairie View Road, about 1,500 feet east of N. Congress Avenue, from Districts GP-3/4 and GP-5 to District GP-3/4 and approving a development plan for the same. (13707-GP) (District MM)

 

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 80-11A0729, rezoning an area of approximately 1.32 acres generally located south of Missouri Highway 152 on the northeast side of N.W. Prairie View Road, about 1,500 feet east of N. Congress Avenue, from Districts GP-3/4 (Regional Business/High Density Residential) and GP-5 (Medium Density Residential) to District GP-3/4 (Regional Business/High Density Residential), said section to read as follows:

 

Section 80-11A0729. That an area legally described as:

 

District MM Description: A tract of land in the Northeast Quarter of Section 12, Township 51 North, Range 34 West in Kansas City, Platte County, Missouri described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence North 895849 East along the North line of said Northeast Quarter, 1234.44 feet; thence South 731222 East along the Southerly right of way line of Missouri State Highway No. 152 as now established, 347.51 feet; thence South 394359 East along said Southerly right of way line, 267.40 feet to the True Point of Beginning of the tract of land to be herein described; thence South 533000 West, 31.02 feet; thence South 363000 East, 12.00 feet; thence South 533000 West, 104.91 feet; thence South 900000 West, 130.33 feet; thence South 00000 West, 115.88; thence Southerly, along a curve to the right, tangent to the last described course, with a radius of 111.50 feet, a central angle of 251236 and an arc distance of 49.06 feet; thence Southerly, along a curve to the left, tangent to the last described course, with a radius of 25.00 feet, a central angle of 692158 and an arc distance of 30.27 feet to a point on the Northerly right of way line of NW Prairie View Road, as now established; thence Southerly along a curve to the right, having an initial tangent bearing of South 440923 East with a radius of 219.00 feet, a central angle of 140923 and an arc distance of 54.11 feet; thence South 300000 East, along said Northerly right of way line, 0.93 feet; thence North 600404 East, 212.33 feet to the most Northerly corner of Tract G, Zona Rosa 2nd Plat, a subdivision of land in said Kansas City, said point also being on the Southerly right of way line of said Missouri State Highway No. 152; thence North 532215 East, 157.21 feet; thence North 394359 West along said Southerly right of way line, 163.92 feet to the Point of Beginning. Containing 1.32 acres, more or less.

 

is hereby rezoned from Districts GP-3/4 (Regional Business/High Density Residential) and GP-5 (Medium Density Residential) to District GP-3/4 (Regional Business/High Density Residential), all as shown outlined on a map marked Section 80-11A0729, 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 update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for approval prior to approval of the next plat and make necessary improvements as required by Development Services.

 

3. That the developer secure permits to construct new or reconstruct existing sidewalks, curb and gutter, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri licensed civil engineer stating that the sidewalks, curb and gutter are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

 

4. That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to the commencement of any construction activities.

 

5. 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.

 

6. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

7. That the developer grant an Aviation Noise Easement to the City as required by the Aviation Department.

 

8. That the developer comply with the KCI Airport Height zoning restrictions and include these restrictions on the final plat and that the developer include a fair disclosure statement with any real estate transaction.

 

9. That the developer receive the approval of the Board of Zoning Adjustment for any necessary variances.

 

10. That the developer amend any previous deferral agreements to reflect current conditions and the changes due to this development plan.

 

11. 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.

 

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

 

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 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.

 

15. That the developer relocate and/or extend water mains as required by the Water Services Department.

 

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

 

17. That the developer submit a final plan 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 line and no direct illumination of any right of way), location of required parking 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 part hereof.

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