ORDINANCE NO. 061098
Rezoning approximately a 76.8
acre tract of land from District GP-7 (low density residential, agricultural)
to District GP-6 (low density residential) and approving a development plan. (13612-GP-1)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri,
commonly known as the Zoning Ordinance by adding a new section to be known as
Section 80-11A0701 rezoning approximately 76.8 acres from District GP-7 (Low Density
Residential, Agricultural) to District GP-6 (Low Density Residential) at
the southeast corner of N. Skyview Avenue and N.W. 128th Street, said section
to read as follows:
Section 80-11A0701. That an area
legally described as follows:
Part of the
Northeast Quarter of Section 18, Township 52, Range 33, Kansas City, Platte County, Missouri, described as follows:
All that part of the
South One Half of the North One Half of the Northeast Quarter and all that part
of the North One Half of the South One Half of the Northeast Quarter, all being
in Section 18, Township 52, Range 33, Platte County, Missouri, being described
as follows: Commencing at the Northeast corner of the Northeast Quarter of
said Section 18; thence South 03751 West, along the East line of said
Northeast Quarter, 701.93 feet to a point 40.00 feet South of the Northeast
corner of the South One Half of the North One Half of said Northeast Quarter,
said point being the True Point of Beginning of the tract to be herein
described; thence continuing South 03751 West, along said East line, 1283.85
feet to the Southeast corner of the North One Half of the South One Half of
said Northeast Quarter; thence South 895638 West, along the South line of
said North One Half, 2599.87 feet to a point on the East right-of-way line of
Missouri Route SC (NW Skyview Avenue), as established by Book 130 at Page 204,
in the office of the Recorder of Deeds in said Platte County, Missouri; thence
North 03051 East, along said East right-of-way line, 1288.30 feet to a point
on the South line of a County Road, as described in County Court Record Book H
at Page 400 in the office of the Recorder of Deeds in Platte County, Missouri,
said point being 40.00 feet South of the North line of the South one half of
the North one half of said Northeast Quarter; thence South 895727 East,
along a line parallel with and 40.00 feet South of said North line, 2602.45
feet to the True Point of Beginning, containing 76.79 acres, more or less.
is herby rezoned from District
GP-7 to District GP-6 as shown on a map marked Section 80-11A0701, which is
hereby adopted as a part of an amendment to the zoning maps constituting a part
of said chapter and 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:
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.
That the developer submit a macro "overall" storm drainage
study for the entire development to Development Services for review and
acceptance at the time the first plat is submitted, with a micro
"detailed" storm drainage study to be submitted for each phase at the
time of final platting, and that the developer construct any necessary
improvements as required by Development Services.
That the developer dedicate additional right of way for a primary
arterial with a bike lane as required by Missouri Department of Transportation so
as to provide a minimum of 56 feet of right of way as measured from the
centerline of N.W. Skyview Drive.
That the developer design and construct all interior streets to
City standards as required by Development Services, including curb, gutter,
storm sewers, streetlights, and sidewalks.
That the developer make improvements required by the traffic
study as required by Development Services.
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.
That the developer 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
That the developer submit a street name signage plan for the
entire development area for approval by the Street Naming Committee prior to
submittal of the first final plat.
That the developer submit plans for grading, siltation, and
erosion control to Development Services for approval and permitting prior to
beginning any construction activities.
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.
That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
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.
That the developer provide adequate sight distance for the street
connection to N.W. Skyview Drive as required by Development Services.
That the developer provide access restrictions to prohibit direct
vehicular access to N.W. Skyview Drive from all lots or units and that this
restriction be placed on the Final Plat.
That the developer obtain a floodplain certificate from
Development Services prior to beginning any construction activities within the
That the limits of the 100-year floodplain be shown on the final
That the developer show the lowest opening or elevation or
Minimum Low Opening of any structure on each lot that abuts a 100-year
floodplain area on the final plat.
That the developer grant a Noise and Aviation Easement to the City
as required by Development Services.
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
That the developer dedicate an open space tract in the southwest
corner of the development for the construction of a trail extension as required
by the Department of Public Works.
That the developer submit a final GP
plan to the City Plan Commission for approval, including plans for grading,
landscaping, screening, berming, and signage.
the developer submit a street tree planting plan as part of the final plat and
secure the approval of the City Forester for street trees planted in
right-of-way in front of residential lots, with a final approved copy to be
submitted to the City Development Department staff. The plan shall include
size, type, species, and placement of trees or design guidelines stating this
information. Further, that the developer either install said trees within one
year of the issuance of the home certificate of occupancy or within two (2)
years of the recording of the plat and agree to maintain and guarantee the life
of the tree for a period of one year following the installation of the tree/s
as required by the Department of Parks and Recreation or enter into a deferral
agreement for the installation, maintenance and guarantee of the trees as
required by the Department of Public Works.
That the developer improve one half of N.W. 126th Street to
collector standards or provide barricades on the
northerly street connections to N.W. 126th Terrace as required by the
Department of Public Works.
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.
Approved as to
form and legality:
Assistant City Attorney