COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 981400

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0182, rezoning an area of approximately 67.19 acres generally located east of N.W. Interurban Road and south of N.W. 128th Street from Districts GP-3 (Regional Business) and GP-5 (Medium Density Residential Uses) to District GP-5 (Medium Density Residential Uses), and approving a development plan for the same. (6324-GP-2)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0182, rezoning an area of approximately 67.19 acres generally located east of N.W. Interurban Road and south of N.W. 128th Street from Districts GP-3 (Regional Business) and GP-5 (Medium Density Residential Uses) to District GP-5 (Medium Density Residential Uses), said section to read as follows:

Section 80-11A0182. That an area legally described as:

All that part of the Northeast Quarter of Section 13, Township 52, Range 34, in the City of Kansas City, Platte County, Missouri, described as follows: Commencing at the southwest corner of the Northeast Quarter of said Section 13; thence South 8939'14" East, along the south line of the Northeast Quarter of said Section 13, a distance of 330.25 feet to the point of beginning of the tract of land herein to be described, said point being in the centerline of Interurban Road, as now established; thence North 0011'55" East along the centerline of said Interurban Road, a distance of 886.69 feet; thence continuing along the centerline of said Interurban Road, northerly along a curve to the left being tangent to the last described course and having a radius of 2853.81 feet, an arc distance of 1429.33 feet to the west line of the Northeast Quarter of said Section 13; thence North 018'58" West along the west line of the Northeast Quarter of said Section 13, a distance of 404.71 feet to the northwest corner of the Northeast Quarter of said Section 13, said point also being in the centerline of N.W. 128th Street; thence South 8921'35" East along the north line of the Northeast Quarter of said Section 13, also being the centerline of N.W. 128th Street, a distance of 1340.03 feet to the northeast corner of the West Half of the Northeast Quarter of said Section 13; thence South 0002'24" West, along the east line of the West Half of the Northeast Quarter of said Section 13, a distance of 2653.94 feet to the southeast corner of the West Half of the Northeast Quarter of said Section 13, said point also being on the northerly line of Ferrelview, a subdivision of land in Platte County, Missouri; thence North 8939'14" West along the south line of the Northeast Quarter of said Section 13, also being the north line of said Ferrelview, a distance of 993.18 feet to the point of beginning. Said tract contains 67.19 acres more or less.

is hereby rezoned from Districts GP-3 (Regional Business) and GP-5 (Medium Density Residential Uses), all as shown outlined on a map marked Section 80-11A0182, 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 80-11 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, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval when the first final plat is submitted and that the developer make any improvements as required by the City Engineers Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

4. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

5. That the developer dedicate additional right of way for N.W. Interurban Road as required by the Department of Public Works so as to provide a minimum of 40 feet of right of way as measured from the centerline of N.W. Interurban Road.

6. That the developer improve the east half of N.W. Interurban Road to secondary arterial street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights; provided that the developer may, in lieu of sidewalk construction, construct a bikeway as approved by the Department of Parks and Recreation.

7. That the developer dedicate additional right of way for N.W. 128th Street as required by the Department of Public Works so as to provide a minimum of 50 feet of right of way as measured from the centerline of N.W. 128th Street.

8. That the developer improve the south half of N.W. 128th Street to primary arterial street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

9. That the developer construct all interior private streets to public street standards with the construction of sidewalks on one side of the streets as required by the Department of Public Works.

10. That the developer comply with the Kansas City International Airport height zoning restrictions and include these restrictions on the final plats.

11. That the developer grant an Aviation Noise Easement (for each phase) to the City and file the Easement with each final plat as required by the Aviation Department.

12. That the developer provide for fire protection as required by the Fire Department.

13. That the developer extend sanitary sewers as required by the Department of Public Works.

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

15. That the developer include a statement on the final plat prohibiting vehicular access onto N.W. Interurban Road from Lots 1 through 4, 89 through 99, 216 through 235, 236 through 239, and Tracts H, I, J, C, D, and E as shown on the development plan.

16. That the developer include a statement on the final plat prohibiting vehicular access onto N.W. 128th Street from Lots 5 through 21 and Tracts E, F, and G as shown on the development plan.

17. That the developer submit a street name signage plan to the Street Naming Committee for approval before the submittal of the first final plat.

18. That the developer submit covenants, conditions and restrictions to the Law Department for approval with the final plats, including provisions for maintenance of the private open space and any detention areas.

19. That the developer contribute $14,377.87 in lieu of parkland dedication in satisfaction of Section 66-128 of the Subdivision Regulations.

20. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, signage, grading and lighting.

A copy of said development plan is on file in the office of the City Clerk under Document No. 981400, which is attached hereto and 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:

___________________________________

Assistant City Attorney