COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140988

Rezoning a 32 acre tract of land generally located at the southeast corner of N.W. 64th Street and N. Klamm Road from District R-80 to District MPD, and approving a development plan that serves as a preliminary plat for seven apartment buildings and clubhouse with a total of 291 dwelling units on one lot. (14506-MPD)

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 88-20A0987, rezoning an approximately 32 acre tract of land generally located at the southeast corner of N.W. 64th Street and N. Klamm Road from District R-80 (Residential dash 80) to District MPD (Master Planned Development), said section to read as follows:

Section 88-20A0987. That an area legally described as:

All that part of the Northwest Quarter of the Northwest Quarter of Section 30, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri, described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 30, Township 51 North, Range 33 West; thence North 88 degrees 58 minutes 52 seconds West along the North line of the Northwest Quarter of said Section 30 a distance of 1320.35 feet to the Northeast Corner of the Northwest Quarter of the Northwest Quarter of said Section 30; thence South 01 degree 00 minutes 09 seconds West along the East line of the Northwest Quarter of the Northwest Quarter of said Section 30 a distance of 191.31 feet to the point of intersection with the South Right of Way line of Missouri Highway 45, also being the Northwest corner of Lot 2 of Tuileries Plaza, First Plat, a subdivision in Kansas City, Platte County Missouri, the point of beginning; thence South 01 degree 00 minutes 09 seconds West along the East line of the Northwest Quarter of the Northwest Quarter of said Section 30 and the West line of said Lot 2, and also the West line of Tract C, Residences at Burlington Creek, a subdivision in Kansas City, Platte County Missouri, a distance of 1125.71 feet to the Southeast Corner of the Northwest Quarter of the Northwest Quarter of said Section 30; thence North 89 degrees 04 minutes 49 seconds West along the South line of the Northwest Quarter of the Northwest Quarter a distance of 1312.63 feet to the Southwest Corner of the Northwest Quarter of the Northwest Quarter of said Section 30 also being the Southeast corner of Riss Lake Sixth Plat and the Northeast corner of Riss Lake Eighth Plat, subdivisions located in the City of Parkville, Platte County Missouri; thence North 00 degrees 40 minutes 28 seconds East along the West line of the Northwest Quarter of the Northwest Quarter of said Section 30, and the East line of said Riss Lake Sixth Plat a distance of 1068.43 feet to a point on the South Right of Way line of Missouri Highway 45, said point also lying North 00 degrees 40 minutes 28 seconds East 250.88 feet to the Northwest Corner of the Northwest Quarter of the Northwest Quarter of said Section 30; thence South 89 degrees 49 minutes 48 seconds East along the South Right of Way line of Missouri Highway 45 a distance of 118.08 feet; thence North 68 degrees 41 minutes 26 seconds East a distance of 150.27 feet; thence South 89 degrees 49 minutes 48 seconds East a distance of 151.55 feet; thence South 60 degrees 12 minutes 29 seconds East a distance of 132.09 feet; thence South 77 degrees 03 minutes 34 seconds East a distance of 252.30 feet; thence South 82 degrees 14 minutes 05 seconds East a distance of 248.24 feet; thence South 89 degrees 49 minutes 48 seconds East a distance of 82.02 feet; thence North 48 degrees 41 minutes 54 seconds East 175.15 feet; thence North 75 degrees 52 minutes 39 seconds East a distance of 92.68 feet to the point of beginning and containing 1,391,263 Square Feet or 31.939 Acres, more or less.

is hereby rezoned from District R-80 (Residential dash 80) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88 -20A0987, 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 developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended.

2. That the developer submit a macro/micro storm drainage study, including a BMP level of service analysis, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

3. That the developer provide documentation of approval from the City of Parkville for removal of Klamm Road from their jurisdiction within the project boundary.

4. That the developer realign and improve N. Klamm Road to the southern property boundary as shown on the development plan and as required by the Public Works Department and the Land Development Division, including construction of a 200 foot northbound left turn lane and through lane on N. Klamm Road, curbs and gutters, sidewalks, streetlights, etc., as may be required to construct the road south of the Missouri Route 45 MODOT right-of-way to current standards, including relocating any utilities as may be necessary, obtaining required permits for said improvement or enter into a Cooperative Agreement for Roadway Improvements and contribute funds for the construction of the road to the southern property line, prior to recording the plat or prior to the issuance of a building permit, whichever occurs first.

5. That a waiver of the requirement for a sidewalk on the west side of N. Klamm Road is hereby granted.

6. 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.

7. That the developer obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

8. That the developer subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and that the owner/developer be responsible for all costs associated with subordination activities now and in the future.

9. After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

10. That the owner/developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

11. That the owner/developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

12. That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit and prior to connecting the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements may be required.

13. That the developer secure permits to extend storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit, whichever occurs first.

14. That the developer submit a final stream buffer plan with clearly dimensioned distances of disturbance from stream zones and obtain approval 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.

15. That the developer show the limits of the 100-year floodplain on the final plat as required by the Land Development Division.

16. That the developer submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts prior to recording the plat.

17. That the developer dedicate adequate right of way for N. Klamm Road as shown on the development plan, including right of way for the south approach of the intersection of Missouri Route 45 and N. Klamm Road, to provide for an exclusive 200 foot long northbound left turn lane, a through lane and a future 150 foot long right turn lane, plus all appropriate tapers.

18. That the developer obtain a permit from Missouri Department of Transportation for work in MODOT right-of-way.

19. That the developer relocate, extend and abandon water mains as required by the Water Services Department.

20. That the developer provide fire protection as required by the Fire Marshal's Office, including the provision for siren activated gates.

21. That the developer contribute parkland dedication money at a rate of $16,815.50 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code and as anticipated to be as follows:

* 291 MF units x 2 persons/unit x 0.006 acres/person= 3.49 acres

* 3.49 acres- 0.87 acres= 2.62 acres x $16,815.50 = $44,090.24

22. That the developer submit a final MPD Development Plan for each project or phase of the development to the City Plan Commission prior to issuance of a building permit. The final MPD Development Plan shall meet the development standards of Chapter 88-400 including: plan information; property uses; setback distances; lighting (with a photometric study); landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery; (ii) buildings and dumpster elevation drawings; (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section; (iv) streetscaping; (v) signage (including elevations); and (vi) architectural characteristics, including natural limestone or other approved material for the retaining wall around the detention pond in Tract A.

23.  That at the time of approval of the final MPD development plan, the developer move Building 1 not more than 35 feet to the east from its current location on the development plan if, in the reasonable judgment of the developer, such movement does not cause an impact, including an increase in the height of retaining walls, loss of parking spaces or interference with ADA compliance.  

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 and Development Code 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