ORDINANCE
NO. 180491
Rezoning approximately 10.89
acres located at the southwest corner of N.W. Cookingham Drive and N. Congress
Avenue from District AG-R to District B4-5, and approving a development plan to
allow construction of a self-storage facility. (14009-P-1)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly
known as the Zoning and Development Code, is hereby amended by enacting a new
section to be known as Section 88-20A1155, rezoning approximately 10.89 acres
located at the southwest corner of N.W. Cookingham Drive and N. Congress Avenue
from District AG-R (Agricultural-Residential) to District B4-5 (Heavy
Business/Commercial, dash 5), and approving a development plan to allow
construction of a self-storage facility, said section to read as follows:
Section 88-20A1155. That an area
legally described as:
That
part of the East Half of the Northwest Quarter and that part of the West Half
of the Northeast Quarter of Section 24, Township 52 North of the Baseline,
Range 34 West of the Fifth Principal Meridian, Kansas City, Platte County,
Missouri, lying Northerly of Interstate Highway Route 435, South of Missouri
State Highway Route 291, and West of North Congress Avenue, more particularly
described as follows:
Commencing
at the Northeast Corner of the Northwest Quarter of said Section 24; thence South
00 degrees 46 minutes 24 seconds West on the East Line of said Northwest
Quarter, 130.48 feet to the South Right-of-Way Line of Missouri Highway Route
291 and the point of beginning; thence North 80 degrees 47 minutes 26 seconds
East on said South Right-of-Way Line, 194.87 feet to an Angle Point in said
South Right-of-Way Line, being 40.0 feet Southerly of Missouri Highway Route
291 Centerline Station 195+00.0; thence South 89 degrees 25 minutes 53 seconds
East on said South Right-of-Way Line, 80.08 feet to the West Right-of-Way Line
of Congress Avenue; thence South 44 degrees 32 minutes 00 seconds East on said
West Right-of-Way Line, 42.38 feet to an Angle Point in said West Right-of-Way
Line; thence South 00 degrees 20 minutes 30 seconds West on said West
Right-of-Way Line, 946.76 feet to the North Right-of-Way Line of Interstate
435; thence North 82 degrees 25 minutes 29 seconds West on said North
Right-of-Way Line, 29.92 feet to an Angle Point in said North Right-of-Way
Line, being 150.0 feet Northeasterly of Interstate 435 Centerline Station
762+50.0; thence North 54 degrees 18 minutes 48 seconds West on said North
Right-of-Way Line, 308.49 feet to an Angle Point in said North Right-of-Way
Line, being 221.0 feet Northeasterly of Interstate 435 Centerline Station
759+17.0; thence North 45 degrees 28 minutes 18 seconds West on said North
Right-of-Way Line, 271.17 feet to an Angle Point in said North Right-of-Way
Line, being 280.0 feet Northeasterly of Interstate 435 Centerline Station
756+12.0; thence North 34 degrees 35 minutes 06 seconds West on said North
Right-of-Way Line, 344.25 feet to an Angle Point in said North Right-of-Way
Line, being 363.0 feet Northeasterly of Interstate 435 Centerline Station
752+37.23; thence North 26 degrees 02 minutes 36 seconds West on said North
Right-of-Way Line, 330.43 feet to an Angle Point in said North Right-of-Way
Line, being 475.4 feet Northeasterly of Interstate 435 Centerline Station
749+26.5, also being 70.4 feet Southerly of Missouri Highway Route 291
Centerline Station 202+09.6; thence South 79 degrees 48 minutes 09 seconds East
on said Missouri Highway Route 291 South Right-of-Way Line, 272.44 feet to an
Angle Point in said South Right-of-Way Line, being 116.0 feet Southerly of
Missouri Highway Route 291 Centerline Station 199+41.0; thence North 80 degrees
47 minutes 26 seconds East on said South Right-of-Way Line, 252.63 feet to the
point of beginning, containing 10.89 acres.
is hereby rezoned from District
AG-R (Agricultural-Residential) to District B4-5 (Heavy Business/Commercial,
dash 5), all as shown outlined on a map marked Section 88-20A.1155, 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 in
accordance with Section 88-20 thereof.
Section B. That a
development plan for the area legally described above is hereby approved,
subject to the following conditions:
1.
The developer shall submit a storm
drainage analysis from a Missouri-licensed civil engineer to the Land
Development Division, in accordance with adopted standards, including a BMP
level of service analysis prior to approval and issuance of any building
permits, and the developer shall secure permits to construct any improvements
as required by the Land Development Division prior to issuance of any
certificate of occupancy.
2.
The developer shall dedicate
additional right of way for N.W. Cookingham Drive as required by the adopted Major Street Plan and Chapter 88 so as
to provide a minimum of 50 feet of right of way as measured from the centerline,
or seek approval recommendations from the Transportation and Development
Committee for any variances requested to the Major
Street Plan prior to City Plan Commission approval.
3.
The developer shall dedicate additional
right of way for N. Congress Avenue as required by the
adopted Major Street Plan and Chapter 88 so as to provide a minimum of 40
feet of right of way as measured from the centerline, or seek approval
recommendations from the Transportation and Development Committee for any
variances requested to the Major Street Plan
prior to City Plan Commission approval.
4.
The developer shall subordinate to
the City all private interest in the area of any right-of-way dedication, in
accordance with Chapter 88 and as required by the
Land Development Division, and the owner/developer shall be responsible
for all costs associated with subordination activities now and in the future.
5.
After the City Plan Commission
enters its disposition for the development plan, the developer shall not enter
into any agreement that would encumber or otherwise have any impact on the
proposed right-of-way dedications for the planned project without the prior
written consent of the Land Development Division.
6.
The developer shall
submit construction plans in compliance with adopted standards for all
improvements required by the traffic study approved by the Public Works
Department, and shall secure permits for those improvements as required by the
Land Development Division, prior to recording the plat.
7.
The developer shall submit
verification of vertical and horizontal sight distance for the drive connection
to public right-of-way to the Land Development Division and make improvements
to ensure local jurisdiction and/or minimum AASHTO adequate sight distance
standards are met, prior to issuance of any certificate
of occupancy.
8.
The developer shall pay impact
fees as required by Chapter 39 of the City’s Code of Ordinances, as required by
the Land Development Division.
9.
The developer shall obtain the
executed and recorded City approved grading, temporary construction,
drainage/sewer, or any other necessary easements from the abutting property
owner(s) that may be required prior to submitting any public improvements
crossing properties not controlled by the developer and include said
document(s) within the public improvement applications submitted for
permitting.
10.
The owner/developer shall submit
plans for grading, siltation, and erosion control to the Land Development
Division for review and acceptance, and secure a site disturbance permit for
any proposed disturbance area equal to one acre or more prior to beginning any
construction activities.
11.
The developer shall submit an
analysis to verify adequate capacity of the existing
sewer system as required by the Land Development Division prior to issuance of
a building permit to connect the private
system to the public sewer main and depending on adequacy of the receiving
system, make other improvements as may be required.
12.
The developer shall grant a BMP easement
to the City as required by the Land Development
Division, prior to recording the plat or issuance of any building
permits.
13.
The developer shall submit an
acceptable preliminary stream buffer plan prior to approval of the development plan
in accordance with the Section 88-415 requirements.
14.
The developer shall submit a final
stream buffer plan to the Land Development Division for approval prior to
issuance of any building permits and obtain permits for the stream buffer prior
to removal of any mature riparian species within the buffer zones due to
building activities on the site, in accordance with the Section 88-415
requirements.
15.
The developer shall grant on City
approved forms, a stream buffer easement to the City, as required by Chapter 88
and the Land Development Division, prior to
issuance of any stream buffer permits.
16.
The developer shall provide an
erosion hazard analysis as required by the Water Services Department.
17.
The developer shall obtain a
floodplain certificate from Development Services prior to beginning any
construction activities within the floodplain.
18.
The developer shall show the
Minimum Low Opening Elevation (MLOE) of any structure on property that abuts a
100-year floodplain area (including detention basins and engineered surface
drainage conveyances), as required by the Land
Development Division.
19.
The proposed
development is located in an area where the Kansas City International Airport
height zoning restrictions apply. No structure in this area shall be
constructed which exceeds these restrictions.
20.
The developer shall review and
comply with the City’s Airport Height Zoning Ordinance 040342 and associated
maps.
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 88, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
___________________________________
Sarah
Baxter
Assistant
City Attorney