FOR ORDINANCE NO. 061415
Rezoning an area of approximately
1.56 acres generally located at the southeast corner
of Missouri Highway 152 and N. Congress Avenue from Districts GP-3/4 and GP-5 to District GP-3/4 and
approving a development plan for the same. (13572-GP-1) (District KK)
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 80-11A0728, rezoning an area of approximately 1.56 acres
generally located at the southeast corner of Missouri
Highway 152 and N. Congress Avenue from Districts
GP-3/4 (Regional Business/High Density Residential) and GP-5 (Medium Density
Residential) to District GP-3/4 (Regional Business/High Density Residential),
said section to read as follows:
Section 80-11A0728. That an area legally described as:
Description: A tract of land in the Northeast Quarter of Section 12, Township
51 North, Range 34 West in Kansas City, Platte County, Missouri described as
follows: Commencing at the Northwest corner of said Northeast Quarter; thence
North 895849 East along the North line of said Northeast Quarter, 183.46
feet to the True Point of Beginning of the tract of land to be herein
described, said point being on the Southerly right-of-way line of Missouri
State Highway No. 152 as now established; thence South 382347 West along
said Southerly right of way line, 41.87 feet; thence South 01015 West along
said Southerly right of way line, 198.44 feet; thence South 375821 East
along said Southerly right of way line, 61.27 feet; thence South 755513 East
along said Southerly right of way line and along the Northerly right of way
line of NW Prairie View Road as now established, 105.16 feet; thence Easterly
along said Northerly right of way line along a curve to the right having an
initial tangent bearing of North 900000 East, with a radius of 166.00 feet,
a central angle of 492151 and an arc distance of 143.02 feet; thence North
491042 East, 35.70 feet; thence Westerly along a curve to the left having an
initial tangent bearing of North 404918 West, a radius of 202.00 feet, a
central angle of 243841 and an arc distance of 86.89 feet; thence North
00000 East, 288.04 feet to a point on the Southerly right of way line of
said Missouri State Highway No. 152; thence South 895849 West along said
Southerly right of way line 197.10 feet to the Point of Beginning. Containing
1.56 acres, more or less.
is hereby rezoned from Districts GP-3/4 (Regional Business/High Density
Residential) and GP-5 (Medium Density Residential) to District GP-3/4 (Regional
Business/High Density Residential), all as shown outlined on a map
marked Section 80-11A0728, 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
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 update the previously approved macro storm
drainage study for the overall development to address the development
amendments along with a detailed micro study for approval prior to approval of
the next plat and make necessary improvements as required by Development
3. That the developer secure permits to construct new or
reconstruct existing sidewalks, curb and gutter, storm sewers, and streetlights
as necessary along all development street frontages, or submit a letter from a Missouri
licensed civil engineer stating that the sidewalks, curb and gutter are in a
good state of repair and meet the requirements set forth in Chapters 56 and 64,
Code of Ordinances, as required by Development Services, prior to recording the
4. That the developer submit plans for grading and siltation and
erosion control to Development Services for approval prior to the commencement
of any construction activities.
5. That the developer secure a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing or
grubbing activities, if the disturbed area exceeds one acre.
6. That the developer provide for fire protection as required by
the Fire Department prior to construction beyond foundations.
7. That the developer grant an Aviation Noise Easement to the
City as required by the Aviation Department.
8. 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.
9. That the developer receive the approval of the Board of
Zoning Adjustment for any necessary variances.
10. That the developer amend any previous deferral agreements to
reflect current conditions and the changes due to this development plan.
11. That the developer obtain the grading consents, and all
grading, temporary construction and drainage/sewer easements from the abutting
property owner prior to submitting any public improvements.
12. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
13. 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.
14. That the developer relocate and/or extend water mains as
required by the Water Services Department.
15. That the developer submit covenants, conditions and
restrictions to Development Services for review by 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.
16. That the developer secure the approval of the Missouri Department
of Transportation for any work within State right of way.
17. That the developer submit a final plan to the City Plan
Commission for approval, including detailed information on landscaping, signage
(including elevations), lighting (including a photometric study showing zero
footcandles at the property line and no direct illumination of any right of
way), location of required parking 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
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.
City Plan Commission
as to form and legality:
Margaret Sheahan Moran
Assistant City Attorney