ORDINANCE NO. 990286

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0197, rezoning an area of approximately 2.3 acres generally located on the east side of N. Amity Avenue at N.W. 87th Street (proposed) from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-3 (Regional Business), and approving a development plan for the same. (12103-GP-4)

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 80-11A0197, rezoning an area of approximately 2.3 acres generally located on the east side of N. Amity Avenue at N.W. 87th Street (proposed) from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-3 (Regional Business), said section to read as follows:

Section 80-11A0197. That an area legally described as:

A tract of land situated in the Northeast Quarter of Section 11, Township 51, Range 34, Kansas City, Platte County, Missouri, described as follows: Commencing at the northwest corner of the Northeast Quarter of said Section 11; thence South 0030'01" East, along the west line of the Northeast Quarter of said Section 11, 1178.82 feet; thence North 8917'47" East, 76.67 feet to a point on the easterly right of way line of N. Amity Road, said point also being the point of beginning of the tract of land herein to be described; thence North 0042'13" West, along the easterly right of way line of said N. Amity Road, 99.71 feet to a point that is 60.00 feet from and opposite Centerline Station 119+85; thence North 2003'02" East, continuing along said right of way line, 304.78 feet to a point that is 168.00 feet from and opposite Centerline Station 117+00; thence North 0155'30" East, continuing along said right of way line, 2.01 feet; thence southeasterly along a curve to the left, having an initial tangent bearing of North 0155'30" East, and a radius of 15.00 feet, an arc distance of 22.71 feet; thence southeasterly along a reverse curve to the right, having a radius of 225.00 feet, an arc distance of 232.48 feet; thence South 2538'16" East, 203.39 feet; thence southwesterly along a curve to the right, having an initial tangent bearing of North 6129'46" East, and a radius of 500.00 feet, an arc distance of 242.60 feet; thence South 8917'47" West, 155.13 feet to the point of beginning.

is hereby rezoned from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-3 (Regional Business), all as shown outlined on a map marked Section 80-11A0197, 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 the developer submit a storm drainage study to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

4. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

5. That the developer dedicate additional right of way for N. Amity Avenue as required by the Department of Public Works so as to provide 50 feet of right of way as measured from the centerline of N. Amity Avenue.

6. That the developer improve the east half of N. Amity Avenue to primary arterial street standards as required by the Department of Public Works, including construction of curbs, gutters and sidewalks and installation of streetlights.

7. That the developer construct N.W. 87th Street to collector street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

8. That the developer construct N.W. 87th Terrace to residential street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks, installation of streetlights and construction of an island to permit only right turn-in/right turn-out movements at N. Amity Avenue.

9. That the developer obtain a floodplain certificate if any grading is to occur within a floodplain.

10. That the developer comply with the Kansas City International Airport height zoning restrictions and that such restrictions be included on the final plat.

11. That the developer grant an Aviation Noise Easement (for each phase) to the City and file the same with each final plat as required by the Aviation Department.

12. That the developer provide cross-access easements for each final plat as required by the Department of Public Works.

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

14. That the developer extend water mains as required by the Water Services Department.

15. That the developer extend sanitary sewers as required by the Department of Public Works.

16. That the developer provide for fire protection as required by the Fire Department.

17. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, screening, berming, signage and grading.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 990286, 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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney