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