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Legislation #: 011714 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 80-11A0393, rezoning an area of approximately 4.86 acres generally located on the south side of proposed N.W. Prairie View Road about 400 feet east of 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 O] (12659-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. 011714

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0393, rezoning an area of approximately 4.86 acres generally located on the south side of proposed N.W. Prairie View Road about 400 feet east of 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 O] (12659-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 80-11A0393, rezoning an area of approximately 4.86 acres generally located on the south side of proposed N.W. Prairie View Road about 400 feet east of 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 80-11A0393. That an area legally described as:

 

District O (Re: A100O): 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 southeast corner of Lot 29, Thistle Hill, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence North 00E10'15" East on the east line of said Lot 29, a distance of 110.93 feet; thence North 90E00'00" East, a distance of 129.74 feet; thence North 60E00'00" East, a distance of 44.06 feet; thence North 30E00'00" West, a distance of 48.00 feet; thence North 60E00'00" East, a distance of 64.50 feet; thence North 30E00'00" West, a distance of 645.00 feet; thence North 60E00'00" East, a distance of 232.72 feet; thence North 29E13'15" West, a distance of 40.63 feet; thence North 44E37'49" West, a distance of 80.26 feet; thence North 46E54'15" West, a distance of 32.40; thence South 60E09'32" West, a distance of 257.58 feet to the point of beginning of the tract of land to be described; thence South 30E00'00" East, a distance of 67.40 feet; thence South 84E05'39" West, a distance of 82.36 feet; thence South 33E29'06" West, a distance of 65.22 feet; thence North 58E09'01" West, a distance of 89.36 feet; thence North 82E55'53" West, a distance of 114.42 feet; thence South 62E38'39" West, a distance of 107.99 feet; thence South 35E38'29" West, a distance of 60.65 feet; thence South 90E00'00" West, a distance of 204.26 feet; thence North 34E51'48" West, a distance of 13.13 feet; thence North 63E59'24" West, a distance of 72.54 feet; thence North 80E59'24" West, a distance of 79.25 feet; thence South 78E12'57" West, a distance of 107.19 feet; thence North 71E34'54" West, a distance of 65.13 feet; thence South 55E01'54" West, a distance of 50.74 feet; thence South 81E58'59" West, a distance of 74.41 feet; thence North 00E00'00" West, a distance of 231.85 feet; thence South 90E00'00" East, a distance of 915.61 feet; thence along a curve to the right


tangent to the last described course having a radius of 132.00 feet and an arc length of 138.23 feet; thence South 30E00'00" East, a distance of 24.43 feet to the point of beginning. Contains 208,449 square feet or 4.785 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 80-11A0393, 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 public street access be permitted between this development plan area and N. Congress Avenue or N.W. Barry Road prior to the approval of a final plat by ordinance.

 

3. 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.

 

4. 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.

 

5. 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.

 

6. 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.

 

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

 

8. 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 dated October 3, 2001, between the I-29/Barry Road/M-152 Highway/North Congress Transportation Development District and the City. If not extended by the City, all water mains shall be extended by the developer.]

 

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

 

10. 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.

 

11. 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.

 

12. 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. 011714, 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