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Legislation #: 150212 Introduction Date: 3/26/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 50 acre tract of land generally located on the south side of N.E. 108th Street between I-435 on the west and N.E. Reinking Road on the east from District R-10 to District AG-R, and approving a development plan to allow for the existing single family residence and a landscaping business. (10997-P-1 _ 10997-P-2).

Legislation History
DateMinutesDescription
3/26/2015 Filed by the Clerk's office
3/26/2015 Referred to Planning, Zoning & Economic Development Committee
4/1/2015 Advance and Do Pass, Debate
4/2/2015 Passed

View Attachments
FileTypeSizeDescription
150212.pdf Authenticated 176K Authenticated
150212 STAFF RPT.pdf Staff Report 176K 150212 Staff Rpt
150212 SectionMap.pdf Maps 1432K 150212 Section Map
150212 FACT SHT.pdf Fact Sheet 414K 150212 Fact Sheet

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ORDINANCE NO. 150212

 

Rezoning a 50 acre tract of land generally located on the south side of N.E. 108th Street between I-435 on the west and N.E. Reinking Road on the east from District R-10 to District AG-R, and approving a development plan to allow for the existing single family residence and a landscaping business. (10997-P-1 & 10997-P-2).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A1000, rezoning an area of approximately 50 acres generally located on the south side of N.E. 108th Street between I-435 on the west and N.E. Reinking Road on the east from District R-10 (Residential dash 10) to District AG-R (Agricultural dash Residential), said section to read as follows:

 

Section 88-20A1000. That an area legally described as:

 

All that part of the North 1/2 of the Southwest 1/4 of Section 28, Township 52, Range 32, Kansas City, Clay County, Missouri, lying easterly of the easterly right of way line of I-435, as established thru document recorded in the Clay County Recorder of Deeds Office as Document No. C-99750, in Book 115 at page 950, subject to easements, restrictions, covenants, and reservations, if any, now of record.

 

is hereby rezoned from District R-10 (Residential dash 10) to District AG-R (Agricultural dash Residential), all as shown outlined on a map marked Section 88-20A1000, 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 in accordance with Section 88-20 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That the development plan allows for the existing single family residence, storage buildings, outdoor storage area, and parking areas which are used in a landscaping business only. The developer will be required to submit a development plan amendment to allow for any of the uses permitted subject to approval of a site plan approval in the AG-R district.

 

2.                  That the developer submit a detailed micro storm drainage study, in general compliance with adopted standards, including a BMP level of service analysis, prior to approval and issuance of any building permits, that the developer make on-site improvements and/or improve downstream conveyance systems to address impacts and changes in flow characteristics leaving the site and that the developer construct any other improvements as required by the Land Development Division as necessary to mitigate final runoff rate, volume, and quality of runoff from the proposed site.

 

3.                  That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

4.                  That any stream buffer zones be delineated by submitting a preliminary buffer plan prior to approval of any building use permit plan in accordance with the Section 88-415 requirements.

 

5.                  That a final stream buffer plan be submitted and approved prior to issuance of any building permits and prior to removal of any mature riparian species within the buffer zones due to building activities on the site, in accordance with the Section 88-415 requirements.

 

6.                  That the developer grant on City approved forms, BMP and STREAM BUFFER Easements to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any building permits or BMP permits, whichever occurs first.

 

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 88, 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