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Legislation #: 080147 Introduction Date: 2/7/2008
Type: Ordinance Effective Date: 3/16/2008
Sponsor: COUNCILMEMBER FORD
Title: Rezoning an area of approximately 1.52 acres generally located at the northeast corner of N.W. Barry Road and N.W. Winter from Districts GP-3/4 and GP-6 to District GP-3/4, and approving a development plan for the same. (12645-GP-1) (Zona Rosa District A)

Legislation History
DateMinutesDescription
2/6/2008 Filed by the Clerk's office
2/7/2008 Referred to Planning and Zoning Committee
2/27/2008 Do Pass as a Committee Substitute
2/28/2008 Assigned Third Read Calendar as Substituted
3/6/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080147.pdf Authenticated 195K Authenticated
080147 Mailing List.pdf Plan Mailing List 131K Mail List
080147 Docket Map.pdf Maps 68K Document Maps
080147_080150 Affidavit of Publication.pdf Other 44K Affidavit of Publication
080147 STAFF REPORT.doc Staff Report 72K Staff Report
080147 Fact Sheet.xls Fact Sheet 61K Fact Sheet
Adv. 022708.pdf Advertise Notice 8K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080147

 

Rezoning an area of approximately 1.52 acres generally located at the northeast corner of N.W. Barry Road and N.W. Winter from Districts GP-3/4 and GP-6 to District GP-3/4, and approving a development plan for the same. (12645-GP-1) (Zona Rosa District A)

 

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 80-11A0788, rezoning an area of approximately 1.52 acres generally located at the northeast corner of N.W. Barry Road and N.W. Winter from Districts GP-3/4 (Regional Business/High Density Residential) and GP-6 (Low Density Residential) to District GP-3/4 (Regional Business/High Density Residential), said section to read as follows:

 

Section 80-11A0788. That an area legally described as:

 

A tract of land being part of Lot 2 and Tract A, Block 1, Zona Rosa First Plat, a subdivision of land in Kansas City, Platte County, Missouri except that part now in NW Barry Road right-of-way, including part of the East Half of NW Winter Avenue, as now established, located in the Northeast Quarter of Section 12, Township 51 North, Range 34 West, more particularly described as follows: Beginning at the Northeast corner of said Tract A, thence South 001015 West, along the East line of said Tract A, a distance of 50.00 feet to the Southeast corner of said Tract A; thence North 894921 West, along the South line of said Tract A, a distance of 146.73 feet to the Southwest corner of said Tract A; thence South 001015 West along the East line of said Lot 2, a distance of 245.69 feet to a point on the North right-of-way line of NW Barry Road as established by Document Number 8789, recorded in Book 970 at Page 800 at the Platte County Recorder of Deeds Office; thence North 872514 West along said North right-of-way line, a distance of 222.42 feet to a point on the centerline of NW Winter Avenue, as now established; thence North 001039 East, along said centerline, 176.37 feet; thence Northerly on a curve to the right along said centerline, tangent to the last described course, having a radius of 150.00 feet, a central angle of 013737, and arc length of 4.26 feet; thence North 450000 East, departing from said centerline, 76.08 feet to a point on the Easterly right-of-way line of said NW Winter Avenue, said point also being on the Westerly line of said Lot 2; thence Easterly along Westerly lot line (part of said course also being the Easterly right-of-way line of said NW Winter Avenue) along a curve to the right having an initial tangent bearing of North 360209 East, with a radius of 125.00 feet, a central angle of 540830 and an arc distance of 118.12 feet; thence South 894921 East along the North line of said Lot 2 and the North line of said Tract A, 213.92 feet to the Point of Beginning. Containing 1.52 acres, more or less.

 

is hereby rezoned from Districts GP-3/4 (Regional Business/High Density Residential) and GP-6 (Low Density Residential) to District GP-3/4 (Regional Business/High Density Residential), all as shown outlined on a map marked Section 80-11A0788, 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 submit an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to issuance of a final certificate of occupancy and make necessary improvements as required by Development Services.

 

2. That the developer secure permits to construct new, repair existing or reconstruct sidewalks, curbs, gutters, 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, curbs, and gutters 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 issuance of a final certificate of occupancy.

 

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

 

4. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

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

 

6. 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.

 

7. 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.

 

8. That existing N.W. Winter Avenue be vacated, as required by Development Services, prior to issuance of a final certificate of occupancy.

 

9. That the developer relocate water mains and grant exclusive easements as required by the Water Services Department.

 

10. That the developer grant a Noise and Aviation Easement to the City prior to issuance of a final certificate of occupancy.

 

11. That the developer comply with the KCI Airport Height zoning restrictions.

 

12. 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.

 

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

 

14. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (including demonstration of compliance with Chapter 52 screening requirements), free-standing signage (including no more than one monument sign with a maximum overall height of six feet, maximum copy area of 30 square feet and minimum 10 foot setback), lighting (including a photometric study showing zero footcandles at the north, west and south property lines and no direct illumination beyond the property line) and building elevations (including a trash enclosure of materials similar to the building).

 

15. That the developer enter into a Cooperative Agreement with the City prior to issuance of a final certificate of occupancy whereby the developer agrees to contribute $7,200.00 towards the cost of improvements to the intersection of N.W. Barry Road and N.W. Winter, as required by the Department of Public Works.

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