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.

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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