COMMITTEE SUBSTITUTE 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:

 

District KK 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 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 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 Services.

 

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 plat.

 

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 Development Services.

 

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 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