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Legislation #: 060192 Introduction Date: 2/16/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 1.6 acres generally located within the median of N. Ambassador Drive, about 400 feet south of N.W. 104th Street, from District GP-2 to District GP-3, and approving a development plan for the same. (6517-GP-13)

Legislation History
DateMinutesDescription
2/16/2006 Filed by the Clerk's office
2/23/2006 Referred to Planning, Zoning & Economic Development Committee
3/22/2006 Advance and Do Pass, Debate
3/23/2006 Passed

View Attachments
FileTypeSizeDescription
060192.pdf Authenticated 492K Authenticated
C006517GP13_FACTSHT.xls Fact Sheet 57K Fact Sheet
C006517GP13_STAFFRPT08_16_05.doc Staff Report 72K Staff Report

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ORDINANCE NO. 060192

 

Rezoning an area of approximately 1.6 acres generally located within the median of N. Ambassador Drive, about 400 feet south of N.W. 104th Street, from District GP-2 to District GP-3, and approving a development plan for the same. (6517-GP-13)

 

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 80-11A0662, rezoning an area of approximately 1.6 acres generally located within the median of N. Ambassador Drive, about 400 feet south of N.W. 104th Street, from District GP-2 (General Transient Retail Business) to District GP-3 (Regional Business), said section to read as follows:

 

Section 80-11A0662. That an area legally described as:

 

That portion of Exception No. 1 and a portion of Exception No. 2 as depicted on EXECUTIVE HILLS NORTH, a subdivision in Kansas City, Platte County, Missouri, according to the recorded plat thereof, being a parcel of land lying within the Northwest Quarter, of Section 36, Township 52 North, Range 34 West and being more particularly described as follows:

 

Commencing at the Northeast corner of the Northwest Quarter of said Section 36; thence North 89 degrees 53 minutes 35 seconds West, measured (North 89 degrees 53 minutes 58 seconds West, Plat) along the North line of the Northwest Quarter of said Section 36, a distance of 1,078.07 feet to the point of intersection with the Westerly right of way line of North Executive Hills Boulevard as now established by the plat of said EXECUTIVE HILLS NORTH; thence generally Southerly along said Westerly right of way line, the following courses and distances; thence South 13 degrees 29 minutes 37 seconds East, measured (South 13 degrees 30 minutes 00 seconds East, Plat), 49.12 feet; thence Southerly and Southwesterly along a curve to the right, tangent to the last described course, having a radius of 308.00 feet and a central angle of 19 degrees 17 minutes 40 seconds, an arc length of 103.72 feet; thence South 05 degrees 48 minutes 03 seconds West, measured (South 05 degrees 47 minutes 40 seconds West, Plat), tangent to the last described curve, a distance of 182.43 feet to Point A, as described on said plat of EXECUTIVE HILLS NORTH; thence South 84 degrees 11 minutes 57 seconds East, measured (South 84 degrees 12 minutes 20 seconds East, Plat) and no longer along said Westerly right of way line, a distance of 50.00 feet to a point on the Easterly right of way line of the Southbound lane of said North Executive Hills Boulevard, being also a point on the Westerly line of said Exception No. 1 and the Point of Beginning of the tract of land to be herein described; thence the following courses and distances along said Easterly right of way line, being also along the Southwesterly line of said Exception No. 1 and its Southeasterly extension, the following courses and distances; thence Southerly and Southeasterly along a curve to the left, having an initial tangent bearing of South 05 degrees 48 minutes 03 seconds West, a radius of 88.00 feet and a central angle of 44 degrees 34 minutes 55 seconds, an arc length of 68.47 feet; thence South 38 degrees 46 minutes 52 seconds East, tangent to the last described curve, a distance of 103.26 feet to the Northwest corner of the said Exception No. 2; thence Southeasterly along said Easterly right of way line, being also along the Southwesterly line of said Exception No. 2, the following courses and distances; thence South 40 degrees 05 minutes 12 seconds East, measured (South 40 degrees 05 minutes 35 seconds East, Plat), 237.57 feet; thence Southeasterly along a curve to the right, tangent to the last described course, having a radius of 896.67 feet and a central angle of 06 degrees 42 minutes 07 seconds an arc length of 104.88 feet; thence North 54 degrees 35 minutes 38 seconds East, not tangent to the last described curve and no longer along said Easterly right of way line or the Westerly line of said Exception No. 2, a distance of 86.72 feet to a point on the Westerly right of way line of the North bound lane of said North Executive Hills Boulevard, being also a point on the Easterly line of said Exception No. 2; thence North 27 degrees 14 minutes 37 seconds West, measured (North 27 degrees 15 minutes 00 seconds West, Plat) along the Westerly right of way line of the Northbound lane of said North Executive Hills Boulevard, being also along the Easterly line of said Exception No. 2, a distance of 340.28 feet to the Northeast corner of said Exception No. 2; thence North 28 degrees 34 minutes 10 seconds West along the Southeasterly extension of the Easterly line of said Extension No. 1, a distance of 103.26 feet to a point on the Easterly line of said Exception No. 1, being also a point on the Westerly right of way line of the North bound lane of said North Executive Hills Boulevard; thence Northwesterly, Westerly and Southwesterly along a curve to the left said curve being the common line between said Exception No. 1 and said North Executive Hills Boulevard and being tangent to the last described course, having a radius of 88.00 feet and a central angle of 145 degrees 37 minutes 47 seconds, an arc length of 223.67 feet to the Point of Beginning. Containing 71, 132 Square Feet or 1.633 acres more or less.

 

is hereby rezoned from District GP-2 (General Transient Retail Business) to District GP-3 (Regional Business), all as shown outlined on a map marked Section 80-11A0662, 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 shall 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 dedicate 60 feet of right of way for a relocated crossover and 50 feet of right of way for the existing crossover as shown on the development plan as required by Development Services.

 

3. That the developer submit a detailed micro storm drainage study, consisting at a minimum of a letter from a Missouri Licensed Civil Engineer stating that the proposed improvements will not alter or increase historical runoff conditions for the site, to the City Engineer's Office prior to approval and issuance of any building permits, and that the developer construct any improvements as required by the City Engineer's Office.

 

4. That the developer petition for the vacation of the existing crossover right of way as shown on the development plan.

 

5. 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.

 

6. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by Development Services, prior to the issuance of a certificate of occupancy from Development Services.

 

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

 

8. 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 exceeds one acre.

 

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

 

10. 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.

 

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

 

12. 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.

 

13. That the developer extend water mains as required by the Water Services Department.

 

14. That the developer comply with the KCI Airport Height zoning restrictions and that the developer include a fair disclosure statement with any real estate transaction.

 

15. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (including on-site canopy shade trees along the street frontages a maximum of 50 feet on center and interior ornamental trees), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations (including seasonal outdoor seating).

 

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