ORDINANCE NO. 070346
Rezoning an area of about 28.24
acres generally located at the southwest corner of N.W. 100th Street and N. Platte Purchase Drive from District GP-7 to District GP-3, and approving a development
plan for the same. (13594-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 80-11A0745, rezoning an area of 28.24 acres generally
located at the southwest corner of N.W. 100th Street and N. Platte Purchase
Drive from District GP-7 (Agricultural and Low Density Residential) to
District GP-3 (Regional Business District), said section to read as follows:
Section 80-11A0745. That an area
legally described as:
A tract of land in
the Southeast Quarter of Section 33, Township 52 North, Range 33 West in Kansas
City, Platte County, Missouri described as follows: Commencing at the Southwest
corner of said Southeast Quarter; thence North 03120 East along the West
line of said Southeast Quarter, 2637.19 feet to the Northwest Corner of said
Southeast Quarter; thence North 894522 East along the North line of said
Southeast Quarter, 1462.93 feet to the True Point of Beginning of the Tract of
land to be herein described: thence continuing North 894522 East along said
North line, 1186.84 feet to the Northeast Corner of said Southeast Quarter;
thence South 004442 West along the East line of said Southeast Quarter,
1226.13 feet; thence North 891518 West, 59.38 feet; thence Westerly along a
curve to the right being tangent to the last described course with a radius of
435.00 feet, a central angle of 265737, and an arc distance of 204.69 feet;
thence North 621741 West, 161.84 feet; thence Westerly along a curve to the
left being tangent to the last described course with a radius of 2100.00, a
central angle of 141030, and an arc distance of 519.54 feet; thence North
762811 West, 78.01 feet; thence Northwesterly along a curve to the right
being tangent to the last described course with a radius of 500.00 feet, a
central angle of 283136, and an arc distance of 248.94 feet; thence
Northwesterly along a curve to the left having a common tangent with the last
described course, with a radius of 275.00 feet, a central angle of 225146
and an arc distance of 109.73 feet; thence North 191139 East, 312.74 feet;
thence North 01438 West, 428.62 feet to the Point of Beginning. Containing
28.241 acres, more or less. Subject to that part in public street right-of-way
on the East and North side of the tract.
is hereby rezoned from District
GP-7 (Agricultural and Low Density Residential) to District GP-3 (Regional
Business District), all as shown outlined on a map marked Section 80-11A0745,
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, commonly known as the Subdivision Regulations.
2. That the developer submit a macro "overall" storm
drainage study for the entire Bittersweet development to Development Services
for review at the time the first plat is submitted, with a micro
"detailed" storm drainage study to be submitted for each phase at the
time of final platting, and that the developer construct any necessary
improvements as required by Development Services.
3. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by Development Services.
4. That the developer obtain a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing or
grubbing activities, if the disturbed area exceeds one acre.
5. That the developer install hard surface roads and provide for
fire protection as required by the Fire Department prior to construction beyond
foundations.
6. That the developer design and construct all interior streets
to City standards as required by Development Services, including curb, gutter,
storm sewers, streetlights, and sidewalks.
7. That adequate sight distance be provided for each street
connection to N. Platte Purchase Drive and Tiffany Springs Parkway as required
by Development Services.
8. That access restrictions be provided to prohibit direct
access to N. Platte Purchase Drive and Tiffany Springs Parkway from any lot and
that the restrictions be placed on the final plat, other than driveways as
shown on the development plan.
9. That the developer extend water mains as required by the
Water Services Department.
10. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
11. That the developer grant a Noise and Aviation Easement to the
City.
12. 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.
13. That the developer secure approval of the Street Naming
Committee for all street names prior to submittal of the first final plat, and
that the developer submit a copy of the approved street name plan as part of
each final plat submittal to the Department of City Development.
14. That the developer submit covenants, conditions and
restrictions to the Law Department for approval for the maintenance of private
open space and enter into a covenant agreement for the maintenance of any
stormwater detention area tracts.
15. That the developer subordinate to the City all private
interest in the area of any right-of-way dedication as required by Development
Services and that the developer be responsible for all costs associated with
subordination activities.
16. That the developer
dedicate additional right-of-way to ensure a minimum of 55 feet as measured
from the centerline for N. Platte Purchase Drive, and that the developer
dedicate any additional right-of-way required to facilitate construction of the
roundabouts at N. Platte Purchase Road and the proposed Tiffany Springs Parkway
as shown on the plan, as required by the Development Services.
17. That the developer
dedicate additional right-of-way to ensure a minimum of 100 feet as measured
from the centerline for proposed Tiffany Springs Parkway, and that the
developer dedicate any additional right-of-way required to facilitate
construction of the roundabout shown on the plan, as required by the
Development Services.
18. That the developer
construct northbound left turn lanes on N. Platte Purchase Drive at the
intersections of driveways 6 and 7 shown in the plan so as to provide 150 feet
of storage and appropriate taper as required by Development Services.
19. That the developer
prohibit direct access to N.E. 100th Street by any street or driveway
connections until at least 2 lanes of Tiffany Springs Parkway are constructed
with westbound left turn lanes at driveway 10 shown in the plan so as to
provide 150 feet of storage and appropriate taper as required by Development
Services.
20. That the developer construct southbound left turn lanes on N. Platte Purchase Drive at the intersection of N.E. 96th Street if it still exists at time
of construction so as to provide 100 feet of storage and appropriate taper, as
required by Development Services.
21. That the developer submit a final plan for each phase to the
City Plan Commission for approval, including detailed information on
landscaping, including shade trees on private property on average 50 feet on
center along public streets and private drives, grading, and lighting,
including a photometric study showing zero footcandles at the property lines,
sign plan (including elevations), and building elevations.
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 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:
___________________________________
M. Margaret
Sheahan Moran
Assistant City Attorney