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Legislation #: 170176 Introduction Date: 3/2/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning about 5.7 acres generally located at east of N. Oak Trafficway, west of Midwest Baptist Seminary Drive and north of North Oak Village from District UR to District R-6; and approving a development plan for a student center. (13554-P-12).

Legislation History
DateMinutesDescription
3/2/2017 Filed by the Clerk's office
3/2/2017 Referred to Planning, Zoning & Economic Development Committee
3/8/2017 Do Pass as a Committee Substitute
3/9/2017 Assigned Third Read Calendar as Substituted
3/23/2017 Passed as Substituted

View Attachments
FileTypeSizeDescription
170176.pdf Authenticated 255K Authenticated
170176 Compared.pdf Compared Version 23K Compared Version
170176 Docket Map.pdf Maps 1091K Docket Map
170176 Staff Report.pdf Staff Report 7962K Staff Report
170176 Fact Sheet.pdf Fact Sheet 222K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170176

 

Rezoning about 5.7 acres generally located at east of N. Oak Trafficway, west of Midwest Baptist Seminary Drive and north of North Oak Village from District UR to District R-6; and approving a development plan for a student center. (13554-P-12).

 

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 88-20A1089, rezoning an area of approximately 5.7 acres generally located east of N. Oak Trafficway, west of Midwest Baptist Seminary Drive and north of North Oak Village from District UR (Urban Redevelopment) to District R-6 (Residential 6), said section to read as follows:

 

Section 88-20A1089. That an area legally described as:

 

All of Lot 10, North Oak Village, a subdivision of land in Kansas City, Clay County, Missouri and part of the Southeast Quarter of Section 35, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri being bounded and described as follows: Commencing at the Northwest corner of said Southeast Quarter; thence South 00 degrees 33 minutes 13 seconds West, along the West line of said Southwest Quarter, 291.72 feet; thence South 89 degrees 26 minutes 47 seconds East, 43.00 feet to a point on the East right-of-way line of North Oak Trafficway, as now established, said point also being the Point of Beginning of the tract of land to be herein described; thence North 90 degrees 00 minutes 00 seconds East, 502.27 feet; thence South 01 degrees 54 minutes 31 seconds East, 183.14 feet; thence Southeasterly, along a curve to the left, being tangent to the last described course with a radius of 200.00 feet, a central angle of 42 degrees 34 minutes 01 seconds and an arc distance of 148.59 feet; thence South 44 degrees 28 minutes 32 seconds East, 103.11 feet; thence Southerly, along a curve to the right, being tangent to the last described course with a radius of 20.00 feet, a central angle of 90 degrees 00 minutes 00 seconds and an arc distance of 31.42 feet; thence South 45 degrees 31 minutes 28 seconds West, 66.64 feet; thence Westerly, along a curve to the right, being tangent to the last described course with a radius of 20.00 feet, a central angle of 76 degrees 32 minutes 33 seconds and an arc distance of 26.72 feet; thence Westerly, along a curve to the left, having a common tangent with the last described course with a radius of 282.00 feet, a central angle of 60 degrees 54 minutes 49 seconds and an arc distance of 299.81 feet to the Northeast corner of said Lot 10; thence continuing Southwesterly, along the South line of said Lot 10, on a curve to the left, having a common tangent with the last described course with a radius of 282.00 feet, a central angle of 17 degrees 11 minutes 00 seconds and an arc distance of 84.57 feet; thence South 43 degrees 49 minutes 21 seconds West, continuing along said South line, 32.68 feet; thence Westerly, continuing along said South line, on a curve to the left, having an initial tangent bearing of North 53 degrees 21 minutes 31 seconds West, with a radius of 266.00 feet, a central angle of 36 degrees 38 minutes 29 seconds and an arc distance of 170.11 feet; thence South 89 degrees 24 minutes 17 seconds West, continuing along said South line, 13.95 feet to the Southwest corner of said Lot 10, said corner also being a point on said East right-of-way line; thence North 00 degrees 33 minutes 13 seconds East, along the West line of said Lot 10, 250.48 feet to the Northwest corner of said Lot 10; thence North 89 degrees 19 minutes 43 seconds West, along said East right-of-way line, 22.00 feet; thence North 00 degrees 33 minutes 13 seconds East, continuing along said East right-of-way line, 231.35 feet to the Point of Beginning. Containing 250,057 square feet or 5.74 acres, more or less.

 

is hereby rezoned from District UR (Urban Redevelopment) to District R-6 (Residential 6), all as shown outlined on a map marked Section 88-20A1089, 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 which also serves as a preliminary plat for a two story 39,500 square foot student center, is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit an application to remove the portion of the site zoned UR from the North Oak Village UR plan prior to issuance of a final certificate of occupancy.

 

2.                  The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

3.                  The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

4.                  The developer shall dedicate additional right of way for N. Oak Trafficway as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 50 feet of right of way as measured from the centerline, and ensure right of way dedication is adequate for any
proposed road improvements as required by the Public Works Department adjacent to this project.

 

5.                  The developer shall 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 the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

6.                  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.

 

7.                  The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, identifying sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits, including temporary certificate of occupancy permits.

 

8.                  The developer shall 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.

 

9.                  The developer shall submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

10.              The developer shall secure permits to extend the public sanitary sewer system to serve all proposed lots within the development and all upstream


areas, and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the final plat.

 

11.              The developer shall grant a BMP Easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

12.              The developer shall extend water mains and provide easements as required by the Water Services Department.

 

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