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ORDINANCE NO. 980522
Amending Chapter 80, Code of Ordinances, by
adding a new section to be known as Section 80-11A0143, rezoning an area of
approximately 100.82 acres generally located at the southwest corner of N.W.
108th Street and N.W. Skyview Avenue from District GP-7 (Agricultural and Low
Density Residential Uses) to District GP-6 (Low Density Residential Uses), and
approving a development plan for the same. (11943-GP-1)
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 80-11A0143, rezoning an area of approximately 100.82 acres generally
located at the southwest corner of N.W. 108th Street and N.W. Skyview Avenue
from District GP-7 (Agricultural and Low Density Residential Uses) to District
GP-6 (Low Density Residential Uses), said section to read as follows:
Section 80-11A0143. That an area
legally described as:
A tract of land in the
Southwest Quarter of Section 30, the Northwest Quarter of Section 31, all in
Township 52, Range 33 and in the Southeast Quarter of Section 25, the Northeast
Quarter of Section 36, all in Township 52, Range 34, all in Kansas City, Platte
County, Missouri, being bounded and described as follows: Commencing at the
northwest corner of said Southwest Quarter; thence North 8924'40" East,
along the north line of said Southwest Quarter, 867.67 feet; thence South
1226'00" West, 895.06 feet to the true point of beginning of the tract to
be herein described; thence South 8523'00" East, 981.05 feet to a point
on the centerline of Missouri Highway W (a.k.a. N.W. Skyview Avenue), as now
established; thence South 437'00" West, along said centerline, 457.85
feet; thence South 442'00" West, along said centerline, 1764.20 feet;
thence South 437'00" West, along said centerline, 789.67 feet; thence
South 8933'40" West, 1540.00 feet; thence North 218'23" West,
1656.91 feet; thence North 4855'12" East, 914.63 feet; thence North
1226'00" East, 855.99 feet to the true point of beginning. Containing
100.82 acres, more or less, except that part in existing street right of way.
is hereby rezoned from District GP-7
(Agricultural and Low Density Residential Uses) to District GP-6 (Low Density
Residential Uses), all as shown outlined on a map marked Section 80-11A0143,
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 submit a street name signage plan to the Street Naming Committee
for approval before the submittal of the first final plat.
6. That
the developer comply with the Kansas City International Airport Height Zoning
restrictions and that this language be included on the final plat.
7. That
the developer grant an Aviation Noise Easement for each phase to the City and
file the same with each final plat.
8. That
the developer submit a street tree planting plan as part of the final plat and secure
the approval of the City Forester for street trees planted on right of way in
front of residential lots, with a copy to be submitted to the Department of
City Development. The plan shall include size, type, species and placement of
trees.
9. That
the developer include a statement on the final plat regarding the required 50
foot landscaped buffer strip and identify the location of the buffer strip on
lots which back onto N.W. Skyview Avenue.
10. That
the developer dedicate additional right of way for N.W. Skyview Avenue as
required by the Department of Public Works so as to provide a total of 50 feet
of right of way as measured from the centerline of N.W. Skyview Avenue.
11. That
the developer improve the west half of N.W. Skyview Avenue to primary arterial
street standards as required by the Department of Public Works.
12. That
the developer construct temporary cul-de-sacs as required by the Department of
Public Works.
13. That
the developer extend water mains as required by the Water Services Department.
14. That
the developer extend sanitary sewers as required by the Department of Public
Works.
15. That
the developer construct all-weather roads and provide for fire protection as
required by the Fire Department prior to construction beyond footings and
foundations.
16. That
the developer provide detailed evidence to the Aviation Department for approval
prior to the approval of a final plat for the area within Phase 8 as shown on
the development plan which demonstrates that the area within Phase 8 is no
longer within the 65 DNL noise contour. If said evidence is not provided, the
developer cannot develop Phase 8 as proposed on the attached development plan.
17. That
the developer enter into a Fair Disclosure Agreement to provide disclosure at
the time of any real estate transaction.
18. That
the developer submit a final plan to the City Plan Commission for approval
which includes detailed information on landscaping (within the 50 foot buffer
strip), fences or walls along N.W. Skyview Avenue, signage and architectural
features, including a landscaping plan for the western portion of Phase 6 as
shown on the development plan within the proposed and existing electrical
easement.
A copy of said development plan is on file in
the office of the City Clerk under Document No. 980522, 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