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Legislation #: 081264 Introduction Date: 12/18/2008
Type: Ordinance Effective Date: 1/18/2009
Sponsor: None
Title: Rezoning an area of approximately 23.5 acres generally located at the northwest quadrant of Missouri Highway 152 and Interstate 29 from Districts GP-4 and GP-7 to District GP-4, and approving a development plan for the same. (11910-GP-2)

Legislation History
DateMinutesDescription
12/18/2008 Filed by the Clerk's office
12/18/2008 Referred to Planning and Zoning Committee
1/7/2009 Advance and Do Pass, Debate
1/8/2009 Passed

View Attachments
FileTypeSizeDescription
aff of pub 081263.pdf Advertise Notice 63K Affidavit of Publication
081264.pdf Authenticated 274K Authenticated
advertising.pdf Advertise Notice 68K Advertise Notice
C011910GP2_STAFFRPT09_02_08.doc Staff Report 62K staff report
C011910GP2_FACTSHT.xls Fact Sheet 64K fact sheet

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ORDINANCE NO. 081264

 

Rezoning an area of approximately 23.5 acres generally located at the northwest quadrant of Missouri Highway 152 and Interstate 29 from Districts GP-4 and GP-7 to District GP-4, and approving a development plan for the same. (11910-GP-2)

 

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 80-11A0826, rezoning an area of approximately 23.5 acres generally located at the northwest quadrant of Missouri Highway 152 and Interstate 29 from Districts GP-4 (High Density Residential) and GP-7 (Agricultural and Low Density Residential) to District GP-4 (High Density Residential), said section to read as follows:

 

Section 80-11A0826. That an area legally described as:

 

A tract of land including all of Lot 1 and all of Tracts A, B and C, Vintage at Pheasant Run First Plat, a subdivision in Kansas City, Platte County, Missouri, according to the recorded plat thereof, together with that part of the former right-of-way of Missouri State Highway Route No. 152 lying South of and coincident with said Lot 1 as described in the Quit Claim Deed recorded in the Office of the Recorder of Deeds for said County and State as Document No. 2008 002489 in Book 1118 at Page 210, all of said tract of land being in the Southeast Quarter of Section 1, Township 51 North, Range 34 West, in said City, County and State, being more particularly described as follows: Beginning at the Southwest corner of said Tract B, being also a point on the Northerly right-of-way line of said Missouri State Highway Route No. 152; thence North 00 degrees 16 minutes 41 seconds East, along the West line of said Tract B and its Northerly prolongation, being also along the West line of said Southeast Quarter, a distance of 593.81 feet Plat (594.00', Deed) to the Northwest corner of said Vintage at Pheasant Run First Plat; thence South 89 degrees 56 minutes 29 seconds East, along the North line of said Vintage at Pheasant Run First Plat, being also along the North line of said Lot 1, a distance of 1,355.18 feet Plat (1,353.00, Deed) to the Northeast corner of said Lot 1; thence South 00 degrees 18 minutes 34 seconds West along the East line of said Lot 1, a distance of 591.96 feet Plat (594.00', Deed) to the Northwest corner of said Tract A; thence North 89 degrees 58 minutes 50 seconds East, along the North line of said Tract A, a distance of 237.53 feet to a point on the Northerly right-of-way line of said Missouri State Highway Route No. 152; thence South 42 degrees 39 minutes 03 seconds West, along said Northerly right-of-way line, a distance of 94.41 feet to an angle point in said Northerly right-of-way line, being also the Northeast corner of the tract of land described in the aforesaid Quit Claim Deed; thence Southwesterly and Westerly along the Southerly line of the tract of land described in said Quit Claim Deed, being also along the Northerly right-of-way line of said Missouri State Highway Route No. 152, the following courses and distances; thence South 40 degrees 28 minutes 59 seconds West, 41.63 feet; thence South 65 degrees 02 minutes 14 seconds West, 218.53 feet; thence South 89 degrees 35 minutes 59 seconds West, 280.70 feet; thence North 84 degrees 43 minutes 54 seconds West, 802.57 feet to the Northwest corner of the tract of land described in said Quit Claim Deed, being also an angle point in the South line of said Lot 1; thence North 45 degrees 39 minutes 48 seconds West, departing from the Southerly line of the tract of land described in said Quit Claim Deed and being now along the common line between the Southerly line of said Lot 1 and the Northerly right-of-way line of said Missouri State Highway Route No. 152, a distance of 54.69 feet; thence North 00 degrees 18 minutes 06 seconds East along the aforesaid common line between said Lot 1 and said right-of-way line; a distance of 82.89 feet; thence South 89 degrees 58 minutes 50 seconds West along the South line of said Lot 1 and its Westerly prolongation, being also along the South line of said Tract B and along the North right-of-way line of said Missouri State Highway Route No. 152, a distance of 184.73 feet to the Point of Beginning. Except that part dedicated as right-of-way for North Congress Avenue by said Vintage at Pheasant Run First Plat.

 

And Acquired MoDOT ROW:

 

All that part of the Southeast Quarter of Section 1, Township 51 North, Range 34 West, which lies within the present right-of-way of Missouri State Highway Route No. 152, as now established, in Kansas City, Platte County, Missouri, being more particularly described as follows: Commencing at the Southwest corner of Tract B, Vintage at Pheasant Run First Plat, a subdivision in Kansas City, Platte County, Missouri, according to the recorded plat thereof; said Southwest corner being also on the West line of the Southeast Quarter of said Section 1, a distance of 594.01 feet North of the Southwest corner of said Quarter Section; thence Easterly, Southerly and Southeasterly along the common line between the Southerly line of Tract B and Lot 1 of said Vintage at Pheasant Run First Plat and being also along the Northerly right-of-way line of Missouri State Highway Route No.152, as now established, the following courses and distances; thence North 89 degrees 58 minutes 50 seconds East, 184.73 feet; thence South 00 degrees 18 minutes 06 seconds West, 82.89 feet; thence South 45 degrees 39 minutes 48 seconds East, 54.69 feet to the Point of Beginning of the tract of land to be herein described; thence continuing Easterly and Northeasterly along the common line between Lot 1 and Tract A of said Vintage at Pheasant Run First Plat and being also along the Northerly right-of-way line of said Missouri State Highway Route No. 152, the following courses and distances; thence North 85 degrees 22 minutes 26 seconds East, 108.06 feet; thence North 85 degrees 21 minutes 55 seconds East, 182.56 feet, thence South 84 degrees 05 minutes 11 seconds East, 715.85 feet; thence North 78 degrees 12 minutes 23 seconds East, 180.58 feet; thence North 62 degrees 37 minutes 09 seconds East, 142.50 feet; thence South 40 degrees 28 minutes 59 seconds West, being no longer along the Southerly line of Lot 1 and Tract A of said Vintage at Pheasant Run First Plat, and being also no longer along the Northerly right-of-way line of said Missouri State Highway Route No.152, a distance of 41.63 feet; thence South 65 degrees 02 minutes 14 seconds West, 218.53 feet; thence South 89 degrees 35 minutes 59 seconds West, 280.70 feet; thence North 84 degrees 43 minutes 54 seconds West, 802.57 feet, to the Point of Beginning. Containing 44,626 square feet or 1.024 acres, more or less.

 

is hereby rezoned from Districts GP-4 (High Density Residential) and GP-7 (Agricultural and Low Density Residential) to District GP-4 (High Density Residential), all as shown outlined on a map marked Section 80-11A0826, 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, commonly known as the Subdivision Regulations.

 

2. That the developer submit a detailed micro storm drainage study prior to approval and issuance of any building permits, and that the developer construct any improvements as required by Development Services prior to issuance of a 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 submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to issuance of a certificate of occupancy.

 

5. 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.

 

6. That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by Development Services.

 

7. That the developer prohibit direct access to N.W. Prairie View Road (Missouri Highway 152) and that the restriction be placed on the final plat.

 

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

 

9. That the developer grant a Noise and Aviation Easement to the City.

 

10. 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.

 

11. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

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