ORDINANCE NO. 900133, AS AMENDED
Amending Chapter 65, Revised Ordinances of Kansas City,
Missouri, 1956, commonly known as the Zoning Ordinance, by adding a new section
to be known as Section 65.010A2330, rezoning an area of 4.75 acres
approximately 600 feet west of Holmes on 105th Street from District R-5 (High
Apartments) to District PD/R-5 (Planned District/High Apartments), and
approving a development plan for the same.
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WHEREAS, on April 13, 1990, the Marriott Corporation
filed an application to rezone certain property for the purpose of erecting
certain signage on its "Courtyard by Marriott" hotel; and
WHEREAS, said application requires variances from
the requirements of the zoning ordinance to be granted by the Board of Zoning
Adjustment to erect three signs: 1 wall sign, 1 monument entrance sign and 1
30' high pole sign; and
WHEREAS, the City Plan Commission, at its hearing in
June of 1990, recommended to the Marriott Corporation that it obtain certain
State abandoned right-of-way north of Marriott's property for the purpose of
moving the pole sign further north and west which will enable the height of the
pole sign to be reduced from 50' to 30'; and
WHEREAS, the State Highway Commission and the
Marriott Corporation have agreed in principle to the sale and purchase of
abandoned right-of-way on terms and conditions mutually acceptable to the
parties which will enable a pole sign to be located on such abandoned
right-of-way at a height not to exceed 30' from grade or 228' Kansas City
Datum; and
WHEREAS, the State's procedures for closing this
transaction and conveying title are lengthy and therefore, in order to enable
the Marriott Corporation to construct the sign prior to transfer of title, the
State plans to enter into a License Agreement with the Marriott Corporation to
allow the sign to be erected; and
WHEREAS, because of this delay in transfer of
ownership, the Board of Zoning Adjustment on September 25, 1990, severed the
issue of the pole sign from the variances for the wall and monument signs and
decided to consider such pole sign when an appropriate application is before it
following Marriott's acquisition of title to the real estate; and
WHEREAS, the Board of Zoning Adjustment on September
25th did grant the required variances for the wall and monument signs and did
delay, until a future date, consideration of the pole sign; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 65, Revised Ordinances of
Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, is hereby
amended by enacting a new section to be known as Section 65.010A2330, rezoning
an area of 4.75 acres approximately 600 feet west of Holmes on 105th Street
from District R-5 (high apartments) to District PD/R-5 (planned district/high
apartments).
Section 65.010A2330. That an area legally described
as:
Lot 1, HOLMES VIEW a subdivision in Kansas City,
Jackson County, Missouri.
is hereby rezoned from District R-5 (high apartments) to
District PD/R-5 (planned district/high apartments), all as shown outlined on a
map marked Section 65.010A2330, 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 65.010
thereof.
Section B. That a development plan for the area
legally described above is hereby approved. A copy of said development plan is
on file in the office of the City Clerk under Document No. 900133, which is
attached hereto and 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 39,
Code of General Ordinances, the foregoing ordinance was duly advertised and
public hearings were held.
___________________________________
Secretary, City Plan
Commission
Approved as to form and
legality:
___________________________________
Assistant City Attorney