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Legislation #: 081103 Introduction Date: 10/30/2008
Type: Ordinance Effective Date: 12/14/2008
Sponsor: COUNCILMEMBER FORD
Title: Rezoning an area of approximately 3.4 acres generally located on the north side of N.E. 106th Street approximately 700 feet east of N. Oak Trafficway from District R-4 to District PD/R-4, and approving a development plan. (11924-PD-11)

Legislation History
DateMinutesDescription
10/29/2008 Filed by the Clerk's office
10/30/2008 Referred to Planning and Zoning Committee
11/5/2008 Referred to City Plan Commission
11/5/2008 Hold On Agenda (12/3/2008)
12/3/2008 Advance and Do Pass as a Committee Substitute, Debate
12/4/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
081101-103 Affidavit of Publication.pdf Other 45K Affidavit of Publication
081103 Mailing List.pdf Plan Mailing List 89K Mailing List
081103 Docket Map.pdf Maps 79K Docket Map
081103.pdf Authenticated 158K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081103 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081103

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081103

 

Rezoning an area of approximately 3.4 acres generally located on the north side of N.E. 106th Street approximately 700 feet east of N. Oak Trafficway from District R-4 to District PD/R-4, and approving a development plan. (11924-PD-11)

 

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 80-11A0822, rezoning an area of approximately 3.4 acres generally located on the north side of N.E. 106th Street approximately 700 feet east of N. Oak Trafficway from District R-4 (Low Apartments) to District PD/R-4 (Planned District/Low Apartments), said section to read as follows:

 

Section 80-11A0822. That an area legally described as:

 

A tract of land in the West 1000 feet of the North Half of the Southeast Quarter of Section 26, Township 52N, Range 33W in Kansas City, Clay County, Missouri described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 26; thence South 89 degrees, 30 minutes, 33 seconds East, along the North line of the Southeast Quarter, 1000.00 feet, to the Northeast corner of Mullins Corner, recorded in Book E at Page 101; thence South 00 degrees, 32 minutes, 39 seconds West, along the East line of Mullins Corner, 858.31 feet, to the Southeast corner of Tract A of Mullins Corner, and the point of beginning; thence South 00 degrees, 32 minutes, 41 seconds West, along the West line of Auburn Hills Third Plat, recorded in Book E at Page 71, and Auburn Hills First Plat, recorded in Book D at Page 19, 440.00 feet, to the existing North Right-Of-Way line of NE 106th Street, recorded in Book 446 at Page 39; thence North 89 degrees, 39 minutes, 39 seconds West, along the North Right-Of-Way line of NE 106th Street, 347.33 feet; thence North 00 degrees, 32 minutes 41 seconds East, 305.00 feet, to the South angle point of Lot 18, Mullins Corner; thence North 28 degrees, 25 minutes, 20 seconds East, along the Southeast lines of Lots 18 and 19, 154.13 feet, to the Southwest corner of Tract A, Mullins Corner; thence South 89 degrees, 27 minutes, 19 seconds East, along the South line of Tract A, 275.26 feet, to the point of beginning, containing 3.40 acres, more or less.

 

is hereby rezoned from District R-4 (Low Apartments) to District PD/R-4 (Planned district/Low Apartments), all as shown outlined on a map marked Section 80-11A0822, 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 80-010 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 and update the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to clearance of the next plat and make necessary improvements as required by Development Services.

 

3.                  That the developer dedicate additional right of way for N.E. 106th Street for a collector street with a bike path as required by Development Services so as to provide a minimum of 36 feet of right of way as measured from the centerline of N.E. 106th Street.

 

4.                  That the developer improve N.E. 106th Street to collector street standards as required by Development Services, including curb, gutter, streetlight and sidewalks.

 

5.                  That the developer extend water mains as required by the Water Services Department.

 

6.                  That the developer extend sanitary sewers as required by Development Services.

 

7.                  That the developer submit a street tree planting plan as part of the final plat and secure the approval of the City Forester for street trees planted on right of way in front of residential lots. A copy of the street tree planting plan shall be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer will plan the trees in accordance with this plan.

 

8.                  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 now and in the future.

 

9.                  That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to beginning any construction activities.

 

10.              That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

11.              That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts and BMPs within tracts as required by Development Services.

 

12.              That the developer submit a final plan to the City Plan Commission for approval, including building/canopy elevations, landscaping, screening, signage, lighting and photometric study showing zero footcandles at the lot lines.

 

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