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Legislation #: 011707 Introduction Date: 11/29/2001
Type: Ordinance Effective Date: 12/30/2001
Sponsor: COUNCILMEMBER DANAHER
Title: Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0386, rezoning an area of approximately 39.18 acres generally located on both sides of N. Congress Avenue between Missouri Highway 152 and a point about 1,200 feet north of N.W. Barry Road, from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses) and approving a development plan for the same. [District H] (12652-GP)

Legislation History
DateMinutesDescription
11/29/2001

Prepare to Introduce

11/29/2001

Referred Planning, Zoning & Economic Development Committee

12/19/2001

Advance and Do Pass as a Committee Substitute

12/20/2001

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 011707

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0386, rezoning an area of approximately 39.18 acres generally located on both sides of N. Congress Avenue between Missouri Highway 152 and a point about 1,200 feet north of N.W. Barry Road, from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses) and approving a development plan for the same. [District H] (12652-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, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0386, rezoning an area of approximately 39.18 acres generally located on both sides of N. Congress Avenue between Missouri Highway 152 and a point about 1,200 feet north of N.W. Barry Road, from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses), said section to read as follows:

 

Section 80-11A0386. That an area legally described as:

 

District H (Re: A100H): A tract of land located in the Northeast Quarter of Section 12, Township 51, Range 34, in Kansas City, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the southeast corner of Lot 29, Thistle Hill, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence South 63E04'37" West on the south line of said Lot 29 a distance of 154.47 feet; thence on the west line of said Lot 29, along a curve to the left having an initial tangent bearing of North 26E53'57" West, a radius of 175.00 feet and an arc length of 60.00 feet to a point on the north line of said Thistle Hill; thence South 43E27'26" West on said north line a distance of 291.06 feet; thence South 85E15'36" West continuing on said north line a distance of 238.79 feet; thence South 66E45'36" West continuing on said north line a distance of 150.61 feet to a point on the north line of Thistle Hill 2nd Addition, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence North 19E13'57" West on said north line a distance of 54.16 feet; thence North 38E45'42" West continuing on said north line a distance of 124.05 feet; thence North 48E19'32" West continuing on said north line a distance of 458.39 feet; thence North 00E00'00" East, a distance of 19.15 feet; thence North 68E16'42" West, a distance of 45.70 feet; thence along a curve to the right tangent to the last described course having a radius of 165.06 feet and an arc length of 196.67 feet; thence North 00E00'29" West, a distance of 344.42 feet; thence South 90E00'00" West, a distance of 305.03 feet; thence South 00E10'15" West, a distance of 609.13 feet to a point on the north line of said Thistle Hill 2nd Addition; thence North 89E49'49" West on said north line a distance of 100.00 feet to a point on the east line of Wildberry 4th Plat, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence North


00E10'15" East on said east line a distance of 714.54 feet to the northeast corner of said Wildberry 4th Plat; thence North 70E41'35" West on the north line of said Wildberry 4th Plat a distance of 335.81 feet to a point on the east line of Wildberry 3rd Plat, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence North 36E20'45" West on said east line and the prolongation thereof a distance of 622.38 feet to a point on the south right-of-way line of Missouri Route 152; thence North 87E20'43" West on said south right-of-way line a distance of 95.62 feet; thence North 62E34'12" East continuing on said south right-of-way line a distance of 143.18 feet; thence North 87E20'43" East continuing on said south right-of-way line a distance of 450.00 feet; thence South 02E39'17" East continuing on said south right-of-way line a distance of 265.00 feet; thence South 89E34'02" East continuing on said south right-of-way line a distance of 161.38 feet; thence South 00E16'10" West, a distance of 97.01 feet; thence on a curve to the right having an initial tangent bearing of South 02E25'31" West, a radius of 671.83 feet and an arc length of 169.91 feet; thence on a curve to the left having a radius of 653.89 feet and an arc length of 163.22 feet; thence North 90E00'00" East, a distance of 299.29 feet; thence North 00E00'00" West, a distance of 163.00 feet; thence South 90E00'00" East, a distance of 48.00 feet; thence South 00E00'00" East, a distance of 231.85 feet; thence North 81E58'59" East, a distance of 74.41 feet; thence North 55E01'54" East, a distance of 50.74 feet; thence South 71E34'54" East, a distance of 65.13 feet; thence North 78E12'57" East, a distance of 107.19 feet; thence South 80E59'24" East, a distance of 79.25 feet; thence South 63E59'24" East, a distance of 72.54 feet; thence South 34E51'48" East, a distance of 13.13 feet; thence North 90E00'00" East, a distance of 204.26 feet; thence North 35E38'29" East, a distance of 60.65 feet; thence North 62E38'39" East, a distance of 107.99 feet; thence South 82E55'53" East, a distance of 114.42 feet; thence South 58E09'01" East, a distance of 89.36 feet; thence North 33E29'06" East, a distance of 65.22 feet; thence North 84E05'39" East, a distance of 82.36 feet; thence North 30E00'00" West, a distance of 67.40 feet; thence North 60E09'32" East, a distance of 257.58 feet; thence South 46E54'15" East, a distance of 32.40 feet; thence South 44E37'49" East, a distance of 80.26 feet; thence South 29E13'15" East, a distance of 40.63 feet; thence South 60E00'00" West, a distance of 232.72 feet; thence South 30E00'00" East, a distance of 645.00 feet; thence South 60E00'00" West, a distance of 64.50 feet; thence South 30E00'00" East, a distance of 48.00 feet; thence South 60E00'00" West, a distance of 44.06 feet; thence South 90E00'00" West, a distance of 129.74 feet to a point on the east line of said Lot 29, Thistle Hill; thence South 00E10'15" West on said east line a distance of 110.93 feet to the point of beginning. Contains 1,699,757 square feet or 39.021 acres more or less.

 

is hereby rezoned from District GP-5 (Medium Density Residential Uses) to District GP-3/4 (Regional Business, High Density Residential Uses), all as shown outlined on a map marked Section 80-11A0386, 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 dedicate right of way for N.W. Prairie View Road as required by the Department of Public Works so as to provide 60 feet of right of way at the south boundary line tapering to 38 feet at the north boundary line for N.W. Prairie View Road as shown on the development plan.

 

3. That the developer improve the entire width of N.W. Prairie View Road as shown on the development plan as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights. [NOTE: This improvement is scheduled to be completed by the City in accordance with the terms of the Intergovernmental Cooperative Agreement dated October 3, 2001, between the I-29/Barry Road/M-152 Highway/North Congress Transportation Development District and the City (Intergovernmental Cooperative Agreement). If not completed by the City, this improvement shall be completed by the developer.]

.

4. That the developer dedicate right of way for N.W. 86th Street as required by the Department of Public Works so as to provide 48 feet of right of way at the east boundary line tapering to 38 feet of right of way at the west boundary line for N.W. 86th Street as shown on the development plan.

 

5. That the developer improve the entire width of N.W. 86th Street as shown on the development plan as required by the Department of Public Works, including construction of curb, gutter, sidewalks and installation of streetlights on both sides.

 

6. That the developer dedicate of right of way for N. Serene Avenue as required by the Department of Public Works so as to provide 48 feet of right of way at the south boundary line tapering to 38 feet at the north boundary line as shown on the development plan.

 

7. That the developer improve the entire width of N. Serene Avenue as shown on the development plan as required by the Department of Public Works, including construction of curb, gutter, sidewalks and installation of streetlights on both sides.

 

8. That the developer provide right of way for N. Congress Avenue so as to provide 120 feet at the north boundary line as shown on the development plan tapering to 100 feet at the south boundary line as required by the Department of Public Works.

 

9. That the developer improve the entire width of N. Congress Avenue as shown on the development plan as required by the Department of Public works, including construction of curb, gutter and sidewalks and installation of streetlights. [NOTE: This improvement is scheduled to be completed by the City in accordance with the terms of the Intergovernmental Cooperative Agreement dated October 3, 2001, between the I-29/Barry Road/M-152 Highway/North Congress Transportation Development District and the City (Intergovernmental Cooperative Agreement). If not completed by the City, this improvement shall be completed by the developer.]

 

10. 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 improvements as required by the City Engineers Office.

 

11. 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.

 

12. 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.

 

13. 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 (5) acres.

 

14. That the developer contribute $5,440.29 in lieu of parkland dedication for 35 multifamily units (35 units X 2.0 X .006 X $12,953.06) = $5,440.29) in satisfaction of Section 66-128 of the Subdivision Regulations and that the developer satisfy the parkland requirement for any future residential conversion at a rate of $12,953.06 per acre of required parkland at the time of final plan approval.

 

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

 

16. That the developer extend water mains as required by the Department of Water Services. [NOTE: Certain water mains may be extended by the City in accordance with City projects and the terms of the Intergovernmental Cooperative Agreement. If not extended by the City, all water mains shall be extended by the developer.]

 

17. That the developer grant an Aviation Noise Easement to the City as required by the Aviation Department.

 

18. That the developer comply with the KCI Airport Height zoning restrictions and include these restrictions on the final plat and that the developer include a fair disclosure statement with any real estate transaction.

 

19. That the developer receive the approval of the Board of Zoning Adjustment for a variance to the setback requirement for a 50 foot setback as provided in Chapter 80, Appendix A, Section 4.1(B), Code of Ordinances.

 

21. That the developer construct a northbound right turn lane on N. Congress Avenue at N.W. 86th Street providing 150 feet of length, plus taper, at such time as N. Congress Avenue is improved by the City as required by the Department of Public Works.

 

22. That the developer enter into a deferral agreement with the City as required by the Department of Public Works whereby the developer agrees to pay the entire cost of a traffic signal at the intersection of N .Congress Avenue and N.W. 86th Street at such time as the Department of Public Works determines that the signal is warranted.

 

23. That the developer enter into a deferral agreement with the City whereby the developer agrees to construct a continuous center turn lane on N.W. Prairie View Road beginning at the south boundary line extending north as shown on the development plan at such time as the center turn lane is warranted as provided in the traffic study.

 

24. That the developer construct a leftbound turn lane on N.W. 86th Street at N.W. Prairie View Road as required by the Department of Public Works.

 

25. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, grading, signage (including elevations), building elevations and lighting, including a photometric study.

 

26. That the developer shall not apply for, nor receive, a final certificate of occupancy for any structure within the development plan prior to the completion of construction of N.W. Prairie View Road by the City pursuant to the terms of the Intergovernmental Cooperative Agreement, unless the developer has improved the entire width of N.W. Prairie View Road as shown on the development plan as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights on both sides.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 011707, 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