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Legislation #: 070093 Introduction Date: 1/25/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 9.24 acres generally located on the west side of N. Congress Avenue, about 1,200 feet north of M-152, from District GP-3 to District GP-4, and approving a preliminary development plan for the same. (10918-GP-8)

Legislation History
DateMinutesDescription
1/25/2007 Filed by the Clerk's office
1/25/2007 Referred to Planning, Zoning & Economic Development Committee
2/14/2007 Advance and Do Pass, Debate
2/15/2007 Passed

View Attachments
FileTypeSizeDescription
070093 mailing list.pdf Plan Mailing List 50K mailing list
070093 document map.pdf Maps 57K document map
Adv. 021407.pdf Advertise Notice 10K advertise notice
070093.pdf Authenticated 206K Authenticated
C010918GP7_FactSheet_01_18_07.doc Fact Sheet 95K fact sheet
C010918GP7_StaRpt_01_02_07(Corrected).doc Staff Report 103K staff report

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ORDINANCE NO. 070093

 

Rezoning an area of approximately 9.24 acres generally located on the west side of N. Congress Avenue, about 1,200 feet north of M-152, from District GP-3 to District GP-4, and approving a preliminary development plan for the same. (10918-GP-8)

 

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 80-11A0738, rezoning an area of approximately 9.24 acres generally located on the west side of N. Congress Avenue about 1,200 feet north of M-152 from District GP-3 (Regional Business) to District GP-4 (High Density Residential Uses), said section to read as follows:

 Section 80-11A0738. 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, 756.97 feet to a point on the Westerly right-of-way line of N Congress Avenue, as now established, said point being also the True Point of Beginning of the tract to be herein described; thence continuing South 01655 West along said Westerly line, 616.75 feet; thence North 894305 West, 74.21 feet; thence Westerly on a curve to the left, tangent to the last described course, having a radius of 750.00 feet, an arc distance of 296.13 feet; thence Westerly on a curve to the right, having a common tangent with the last described course, a radius of 500.00 feet, an arc distance of 501.03 feet; thence North 545535 West, 30.22 feet; thence North 444937 East, 900.59 feet; thence South 894305 East, 59.50 feet; thence Easterly on a curve to the left, tangent to the last described course, having a radius of 1000.00 feet, an arc distance of 50.47 feet; thence North 872324 East, 107.03 feet to a point on the aforementioned Westerly line of said N. Congress Avenue; thence Southerly along said Westerly line, on a curve to the right, having an initial tangent bearing of South 025404 East, a radius of 1133.36 feet, an arc distance of 42.26 feet; thence South 894305 East, along said Westerly line, 15.00 feet to the True Point of Beginning. Containing 9.24 acres, more or less.

is hereby rezoned from District GP-3 (Regional Business) to District GP-4 (High Density Residential Uses), all as shown outlined on a map marked Section 80-11A0738, 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 construct a northbound left turn lane at the intersections of N. Congress Avenue and Driveways 8 and 9 as shown on the traffic study with adequate tapers as required by Development Services.

 

5. That the developer enter into an agreement to share 80 percent cost of the installation of a traffic signal at the intersection of N. Congress Avenue and Driveway 9 with phase 6 (this development) as shown in the traffic study and as required by Development Services prior to City Council action on the final plat, if needed.

 

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 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 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 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 extend water mains as required by the Water Services Department.

 

15. That the developer provide access restrictions to prohibit direct vehicular access from any lots or buildings to N.W. Tiffany Springs Road and N. Congress Avenue and that the restrictions be placed on the Final Plat.

 

16. 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.

 

17. That the developer construct no structure which exceeds the KCIA height zoning restrictions

 

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

 

19. That the developer submit a landscape and architectural final plan to the City Plan Commission for approval which includes detailed information on landscaping, lighting (including a photometric study showing zero footcandles at the property line), architectural features and signage.

 

20. That the developer contribute $13,049.71 in lieu of parkland dedication for 118 multifamily units in satisfaction of Section 66-128 of the Subdivision Regulations and as calculated as follows:

* 118 mf units x 2.0 persons/unit = 1.42 acres

* 1.42 acres 0.11 acres = 1.31 acres

* 1.31 acres x $9,961.61/acre = $13,049.71

 

21. That the storm water detention for the site located immediately to the west and outside of this boundary be platted with the final plat for this development.

 

22 That private N.W. 91st Street as shown within a portion of this plan, be constructed in its entirety with either Case No. 10918-GP-7 or 10918-GP-8, whichever case is platted first, as required by Development Services.

 

23. That the developer apply to the Board of Zoning Adjustment for either a variance or modification for the number of parking spaces.

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