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Legislation #: 160530 Introduction Date: 7/14/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 59.21 acre tract of land generally located at the northwest corner of N.E. 108th Street and N. Eastern Avenue from R-80 to R-7.5 and approving a preliminary plat (Providence Point - Phase 1 and Phase 2) by creating 165 single family lots and 4 tracts. (14505-P, SD 1492)

Legislation History
DateMinutesDescription
7/13/2016 Filed by the Clerk's office
7/14/2016 Referred to Planning, Zoning & Economic Development Committee
7/27/2016 Do Pass
7/28/2016 Assigned to Third Read Calendar
8/11/2016 Held on Docket (8/25/2016)
8/25/2016 Passed

View Attachments
FileTypeSizeDescription
160530.pdf Authenticated 235K Authenticated
160530 Plan 2.pdf Plan 792K Plan
160530 Plan 1.pdf Plan 2124K Plan
160530 Staff Report .pdf Staff Report 498K Staff Report
160530 Fact Sheet.pdf Fact Sheet 523K Fact Sheet

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ORDINANCE NO. 160530

 

Rezoning a 59.21 acre tract of land generally located at the northwest corner of N.E. 108th Street and N. Eastern Avenue from R-80 to R-7.5 and approving a preliminary plat (Providence Point - Phase 1 and Phase 2) by creating 165 single family lots and 4 tracts. (14505-P, SD 1492)

 

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 88-20A1059, rezoning a 59.21 acre tract of land generally located at the northwest corner N.E. 108th Street and N. Eastern Avenue from R-80 (Residential 80) to R-7.5 (Residential 7.5), said section to read as follows:

 

Section 88-20A1059. That an area legally described as:

 

All that part of a tract of land located in the East Half of Section 28, Township 52N, Range 32W, Clay County, Missouri being more particularly described as follows: Beginning at the Northeast Corner of the Northeast Quarter of said Section 28, thence North 89 degrees 18 minutes 36 seconds West along the north line of the NE Quarter of Section 28 a distance of 979.92 feet; thence South 00 degrees 39 minutes 43 seconds West, a distance of 2,612.93 feet to a point 30 feet north of the south line of Section 28; thence South 88 degrees 34 minutes 40 seconds East along the north right-of-way line of N.E. 108th Street a distance of 989.72 feet; thence North 00 degrees 27 minutes 00 seconds East, a distance of 2,625.60 feet to the point of beginning. The above described tract contains 2,579,342 Sq. Ft. or 59.21 acres, more or less.

 

all as shown outlined on a map marked Section 88-20A1059, 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/preliminary plat (Providence Point - Phase 1 and Phase 2) creating 165 single family lots and 4 tracts for the area legally described above is hereby approved, subject to the following conditions:

 

1. 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.

 

2. The developer must submit a macro storm drainage study with the first Plat, from a Missouri-licensed civil engineer showing compliance with current adopted standards in effect at the time of submission, including Water Quality BMP's, to the Land Development Division for review and acceptance for the entire development area, and submit micro storm drainage study with each subsequent Plat or Phase showing compliance with the approved macro and adopted standards. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat, as required by the Land Development Division.

 

3. The developer must dedicate additional right of way for N. Eastern Avenue as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 40 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.

 

4. The developer must 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.

 

5. 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.

 

6. The developer must design and construct all interior public streets to City standards, as required by the Land Development Division, including curb and gutter, storm sewers, streetlights, and sidewalks.

 

7. The developer shall submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department, and shall secure permits for those improvements, as required by the Land Development Division, prior to recording the plat.

 

8. The developer must construct temporary off-site cul-de-sacs and grant a City approved temporary cul-de-sac easement for that portion outside of the dedicated street right-of-way, to the City, as required by the Land Development Division, prior to recording the plat.

 

9. The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure that local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

10. The developer must pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

11. The developer shall submit plans to the Land Development Division and obtain permits to construct all ADA ramps at street intersections, sidewalks along the platted frontage for N. Eastern Avenue, and along any platted Private Open Space, prior to releasing the Final Plat for Recording.

 

12. The developer must 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.

 

13. The owner/developer must 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.

 

14. The developer must secure permits to extend public sanitary and 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.

 

15. The developer must grant BMP and/or Surface Drainage Easements to the City as required by the Land Development Division, prior to recording the plat.

 

16. The developer shall submit a preliminary and final buffer plan prior to issuance of a permit for the offsite sanitary sewer extension in accordance with the Section 88-415 requirements.

 

17. The developer must grant on City approved forms, a stream buffer Easement, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

18. The developer must submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, prior to recording the plat.

 

19. The developer shall provide fire protection as required by the Fire Marshal’s Office.

 

20. The developer shall relocate, extend and abandon water mains as required by the Water Services Department.

 

21. The developer shall 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:

 

* 165 MF units x 3.7 persons/unit x 0.006 acres/person = 3.663 acres

* 3.663 acres - 1.0 acres = 2.663 acres x $16,815.50 = $ 44,779.68

 

A copy of said development plan/preliminary plat 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