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Legislation #: 030633 Introduction Date: 5/29/2003
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0485, rezoning an area of approximately 10.3 acres generally located at the northwest corner of N.W. 115th Street and N.W. Prairie View Road from District GP-7 (Agricultural and Low Density Residential) to District GP-2 (General Transient Retail Business), and approving a development plan for the same. (12922-GP)

Legislation History
DateMinutesDescription
5/28/2003

Prepare to Introduce

5/29/2003

Referred Planning, Zoning & Economic Development Committee

6/18/2003

Hold On Agenda

6/25/2003

Advance and Do Pass

6/26/2003

Passed


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ORDINANCE NO. 030633

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0485, rezoning an area of approximately 10.3 acres generally located at the northwest corner of N.W. 115th Street and N.W. Prairie View Road from District GP-7 (Agricultural and Low Density Residential) to District GP-2 (General Transient Retail Business), and approving a development plan for the same. (12922-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, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0485, rezoning an area of approximately 10.3 acres generally located at the northwest corner of N.W. 115th Street and N.W. Prairie View Road from District GP-7 (Agricultural and Low Density Residential) to District GP-2 (General Transient Retail Business), said section to read as follows:

 

Section 80-11A0395. That an area legally described as:

 

A tract of land over a portion of Lot 2, Platte Gardens, a subdivision of land in Kansas City, Platte County, Missouri and the North One Half of the 40.00 foot wide road right-of-way along N.W. 115th Street, said road lying between Lots 2 and 3 of said subdivision described as follows: Commencing at the southwest corner of Lot 2, Platte Gardens; thence North 90E00'00" East, along the south line of Lot 2, a distance of 158.50 feet to the point of beginning of the herein described tract of land; thence North 00E00'00" East, a distance of 419.70 feet, to a point that is 158.50 feet, east of the northwest corner of Lot 2; thence North 90E00'00" East, along the north line of Lot 2, a distance of 1046.90 feet, to the west right-of-way line of Interstate Highway 29, as said highway now exists; thence South 00E00'00" West, along the east line of Lot 2, said line also being the west right-of-way line of Interstate Highway 29, a distance of 439.70 feet, to a point that is on the centerline of N.W. 115th Street, said point being 20.00 feet south of the southeast corner of Lot 2; thence South 90E00'00" West, along the centerline of N.W. 115th Street, a distance of 1046.90 feet; thence North 00E00'00" East, a distance of 20.00 feet, to the point of beginning of the herein described tract of land. Contains 460,321.9300 square feet or 10.567 acres.

 

is hereby rezoned from District GP-7 (Agricultural and Low Density Residential) to District GP-2 (General Transient Retail Business), all as shown outlined on a map marked Section 80-11A0485, 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 submit a storm drainage study for the entire development to the City Engineers Office for approval and that the developer make any necessary improvements as required by the City Engineers Office.

 

2. 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.

 

3. 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, including providing security equal to the estimated cost to install and maintain the approved erosion and sediment control measures for the duration of the land disturbance permit.

 

4. That the developer secure a land disturbance permit from the Missouri Department of Natural resources if the disturbed area for the entire development exceeds five acres.

 

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

 

6. That the developer extend sanitary and/or storm sewers and determine their adequacy as required by the Department of Public Works.

 

7. That the developer extend water mains and easements as required by the Water Services Department.

 

8. That the developer dedicate additional right of way for N.W. 115th Street as required by the Department of Public Works so as to insure 30 feet of right of way as measured from the centerline of N.W. 115th Street.

 

9. That the developer enter into an unsecured deferral agreement for the improvement of the north half of N.W. 115th Street to collector street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights..

 

10. That the developer secure the grading consents, and all grading, temporary construction and drainage easements from the abutting property owner(s) prior to submitting any public improvements as required by the Department of Public Works.

 

11. That any relocated streetlights be integrated into the existing streetlight system as required by the City Engineers Office and Missouri Department of Transportation along State frontages.

12. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right of way.

 

13. That the developer secure approval of a Code Modification Request for the space and aisle dimensions of the valet parking area.

 

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

 

15. 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.

 

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

.

A copy of said development plan is on file in the office of the City Clerk under Document No. 030633, 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