ORDINANCE NO. 060824

 

Rezoning approximately 58.29 acres generally located at the southeast quadrant of N. Congress Avenue and N.W. 112th Street from District GP-7 to District GP-1 and approving a development plan for the same. (13556-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 80-11A0694, rezoning an area of approximately 58.29 acres generally located at the southeast quadrant of N. Congress Avenue and N.W. 112th Street from District GP-7 (Agriculture, Low Density Residential) to District GP-1 (General Industry), said section to read as follows:

 

Section 80-11A0694. That an area legally described as:

 

The North 70 acres of the Northeast Quarter of Section 25, Township 52 North of the Baseline, Range 34 West of the Fifth Principal Meridian, Kansas City, Platte County, Missouri, subject to and with the benefit of terms and provisions of boundary line description and agreement of record in Book 343, Page 208 in the Office of the Recorder of Deeds, Platte County, Missouri, EXCEPT that part conveyed to Kansas City In Book 599, Page 53, and in Book 599, Page 57, more particularly described as follows: Beginning at the Northeast corner of said Northeast Quarter; Thence South 00 degrees 3227 West on the East line of said Northeast Quarter, 1168.34 feet to a Line lying 165 feet North of and Parallel to the South Line of the North Half of said Northeast Quarter, as described by the Boundary Line Description and Agreement recorded as Book 343, Page 208 in the Platte County Recorders Office; Thence North 89 degrees 5448 West on said line 2641.17 feet to the East Right-of-way line of North Congress Avenue, being 30 feet east of, as measured perpendicular to, the west line of said Northeast Quarter; Thence North 00 degrees 1240 East on said Right-of-way Line, 1167.39 feet to the North Line of said Northeast Quarter; Thence South 89 degrees 5600 East on said North Line, 2647.89 feet to the Point of Beginning.

 

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 80-11A0694, 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/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 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 centerline of N. Congress Avenue.

 

4.                  That the developer dedicate additional right of way for a primary arterial as required by Development Services so as to provide a minimum total of 56 feet of right of way width for N.W. 112th Street adjacent to Harley Davidson.

 

5.                  That the developer dedicate additional right of way for a primary arterial as required by Development Services so as to provide a minimum total of 112 feet of right of way width for N.W. 112th Street the length of the roadway that is entirely on the development site.

 

6.                  That the developer obtain the grading consents, and all grading, temporary construction and drainage and sewer easements from the abutting property owner prior to submitting any public improvements.

 

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 secure permits to construct or reconstruct existing sidewalks, curb and gutter 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.

 

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

 

10.              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.

 

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

 

12.              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.

 

13.              That the developer provide exclusive easements and extend water mains as required by the Water Services Department.

 

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 storm water detention area tracts.

 

15.              That a traffic study be submitted prior to the development of phases 3, 4, 5, and 6, and that the developer make necessary improvements by said traffic studies, the applicable and necessary improvements of the traffic study recommendations to be determined by the Department of Public Works.

 

16.              That the developer submit a final GP district plan including landscaping, grading, lighting with a photometric study showing zero foot-candles at the property line, fencing, signage and building elevations including building materials and color palettes.

 

17.              That the developer will be required to grant a Noise and Aviation Easement for each phase to the City and file with each final plat.

 

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