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Legislation #: 011712 Introduction Date: 11/29/2001
Type: Ordinance Effective Date: 12/30/2001
Sponsor: COUNCILMEMBER DANAHER
Title: Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0391, rezoning an area of approximately 2.46 acres generally located at the northeast corner of proposed N.W. 86th Street and N. Congress Avenue, from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses) and approving a development plan for the same. [District M] (12657-GP)

Legislation History
DateMinutesDescription
11/29/2001

Prepare to Introduce

11/29/2001

Referred Planning, Zoning & Economic Development Committee

12/19/2001

Advance and Do Pass as a Committee Substitute

12/20/2001

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 011712

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0391, rezoning an area of approximately 2.46 acres generally located at the northeast corner of proposed N.W. 86th Street and N. Congress Avenue, from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses) and approving a development plan for the same. [District M] (12657-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, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0391, rezoning an area of approximately 2.46 acres generally located at the northeast corner of proposed N.W. 86th Street and N. Congress Avenue, from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses), said section to read as follows:

 

Section 80-11A0391. That an area legally described as:

 

District M (Re: A100M): A tract of land located in the Northeast Quarter of Section 12, Township 51, Range 34, in Kansas City, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the northwest corner of Lot 28, Thistle Hill 2nd Addition, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence North 00E10'15" East, a distance of 264.71 feet to the point of beginning of the tract of land to be described; thence North 00E10'15" East, a distance of 344.42 feet; thence North 90E00'00" East, a distance of 305.03 feet; thence South 00E00'29" East, a distance of 344.42 feet; thence North 90E00'00" West, a distance of 306.10 feet to the point of beginning. Contains 105,243 square feet or 2.416 acres more or less.

 

is hereby rezoned from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses), all as shown outlined on a map marked Section 80-11A0391, 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, as amended, commonly known as the Subdivision Regulations.


2. That the developer dedicate 66 feet of right of way for N.W. 86th Street as required by the Department of Public Works.

 

3. That the developer improve the entire width of N.W. 86th Street as shown on the development plan as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights on both sides.

 

4. That the developer dedicate right of way for N. Congress Avenue as required by the Department of Public Works so as to provide 50 feet of right of way as measured from the centerline of N. Congress Avenue.

 

5. That the developer improve the east half of N. Congress Avenue to secondary arterial street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights. [NOTE: This improvement is scheduled to be completed by the City in accordance with the terms of the Intergovernmental Cooperative Agreement dated October 3, 2001, between the I-29/Barry Road/M-152 Highway/North Congress Transportation Development District and the City (Intergovernmental Cooperative Agreement). If not completed by the City, this improvement shall be completed by the developer.]

 

6. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers Office.

 

7. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to the commencement of any construction activities.

 

8. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

9. That the developer satisfy the parkland requirement of Section 66-128 of the Subdivision Regulations for any future residential conversion at a rate of $12,953.06 per acre of required parkland at the time of final plan approval.

 

10. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

11. That the developer extend water mains as required by the Department of Water Services. [NOTE: Certain water mains may be extended by the City in accordance with City projects and the terms of the Intergovernmental Cooperative Agreement. If not extended by the City, all water mains shall be extended by the developer.]

 

12. That the developer grant an Aviation Noise Easement to the City as required by the Aviation Department.

 

13. That the developer comply with the KCI Airport Height zoning restrictions and include these restrictions on the final plat and that the developer include a fair disclosure statement with any real estate transaction.

 

14. That dual left turn lanes and dual right turn lanes be constructed on the southbound I-29 ramp at N.W. Barry Road prior to the issuance of any certificate of occupancy for any buildings within the development plan.

 

15. That the developer receive the approval of the Board of Zoning Adjustment for a variance to the setback requirement for a 50 foot setback as provided in Chapter 80, Appendix A, Section 4.1(B), Code of Ordinances.

 

16. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, grading, signage (including elevations), building elevations and lighting, including a photometric study.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 011712, 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 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:

 

____________________________________

Assistant City Attorney