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Legislation #: 150310 Introduction Date: 4/23/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Rezoning an 80.31 acre tract of land generally located east of N. Flintlock Road and south of N.E. 89th Street, from District R-80 (Residential dash 80) to District R-7.5 (Residential dash 7.5), and approving a preliminary development plan that also serves as a preliminary plat for 82 single family residential lots and 8 private open space tracts. (14538-P and 14538-P-1).

Legislation History
DateMinutesDescription
4/23/2015 Filed by the Clerk's office
4/23/2015 Referred to Planning, Zoning & Economic Development Committee
4/29/2015 Advance and Do Pass, Debate
4/30/2015 Passed

View Attachments
FileTypeSizeDescription
150310.pdf Authenticated 425K Authenticated
C014538P_14538P1_Fact Sheet.pdf Fact Sheet 391K FACT SHEET
C014538P_Staff Report_04-21-15.pdf Staff Report 4790K Staff Report
Exhibit A.pdf Exhibit 1089K Map
Approved Prelim Plat.pdf Plat 3009K Approved Preliminary Plat

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ORDINANCE NO. 150310

 

Rezoning an 80.31 acre tract of land generally located east of N. Flintlock Road and south of N.E. 89th Street, from District R-80 (Residential dash 80) to District R-7.5 (Residential dash 7.5), and approving a preliminary development plan that also serves as a preliminary plat for 82 single family residential lots and 8 private open space tracts. (14538-P and 14538-P-1).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A1006, rezoning an area of approximately 80.31 acres generally located east of N. Flintlock Road and south of N.E. 89th Street, from District R-80 (Residential dash 80) to District R-7.5 (Residential dash 7.5), said section to read as follows:

 

Section 88-20A1006. That an area legally described as:

 

A tract of land in the Southeast Quarter of Section 2, and the Northeast Quarter of Section 11, Township 51 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the Northeast corner of said Northeast Quarter; thence South 00 degrees 25 minutes 57 seconds West, along the East line of said Northeast Quarter, 1,329.69 feet to the Northeast corner of Wilshire Plaza – Fourth Plat, a subdivision of land in said Kansas City, Clay County, Missouri; thence North 89 degrees 06 minutes 22 seconds West, along the North line of said Wilshire Plaza –Fourth Plat, 986.66 feet; thence North 00 degrees 53 minutes 38 seconds East, 51.95 feet; thence northwesterly along a curve to the left having an initial tangent bearing of North 01 degrees 15 minutes 08 seconds East with a radius of 265.59 feet, a central angle of 69 degrees 42 minutes 05 seconds and an arc distance of 323.10 feet; thence North 68 degrees 05 minutes 27 seconds West, 112.26 feet; thence northwesterly along a curve to the right being tangent to the last described course with a radius of 330.00 feet, a central angle of 43 degrees 33 minutes 05 seconds and an arc distance of 250.84 feet; thence North 24 degrees 32 minutes 23 seconds West, 136.21 feet; thence northwesterly along a curve to the left being tangent to the last described course with a radius of 970.00 feet, a central angle of 15 degrees 42 minutes 52 seconds and an arc distance of 266.04 feet; thence North 40 degrees 15 minutes 15 seconds West, 319.90 feet; thence northwesterly along a curve to the left being tangent to the last described course with a radius of 320.00 feet, a central angle of 04 degrees 56 minutes 43 seconds and an arc distance of 27.62 feet; thence North 44 degrees 48 minutes 03 seconds East, 60.00 feet to a point on the North right-of-way line of N.E. 88th Street, as now established said point also being the Southeast corner of Tract D, Copperleaf First Plat, a subdivision of land in said Kansas City, Clay County, Missouri; thence North 21 degrees 07 minutes 40 seconds East, along the East line of said Tract D, 224.83 feet; thence North 84 degrees 53 minutes 55 seconds East, continuing along said East line, 124.34 feet; thence North 27 degrees 39 minutes 00 seconds East, continuing along said East line, 473.91 feet; thence North 60 degrees 48 minutes 38 seconds East, continuing along said East line and along the Southerly line of Tract D, Copperleaf Third Plat, a subdivision of land in said Kansas City, Clay County, Missouri, 684.29 feet; thence North 50 degrees 09 minutes 40 seconds East, along the said Southerly line of Tract D, 508.23 feet; thence North 12 degrees 38 minutes 56 seconds East, continuing along said Southerly line, 242.05 feet; thence North 10 degrees 47 minutes 05 seconds West, continuing along said Southerly line, 151.12 feet to a point on the Southerly line of Tract B, Copperleaf Sixth Plat, a subdivision of land in said Kansas City, Clay County, Missouri; thence North 30 degrees 30 minutes 17 seconds East, along said Southerly line, 123.26 feet; thence North 66 degrees 13 minutes 00 seconds East, continuing along said Southerly line, 380.36 feet to a point on the East line of said Southeast Quarter; thence South 00 degrees 40 minutes 10 seconds West, along said East line, 1,800.57 feet to the Point of Beginning. Containing 3,498,457 square feet or 80.31 acres, more or less.

 

is hereby rezoned from District R-80 (Residential dash 80) to District R-7.5 (Residential dash 7.5), all as shown outlined on a map marked Section 88-20A1006, 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 submit a street tree planting plan prior to or concurrent with the submittal of the final plat and secure the approval of the City Forester for street trees planted on right of way in front of residential lots, with a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer shall agree to plant in accordance with the plan approved by the City Forester.

 

2.                  That the developer submit a Minor Site Plan to the Development Management Division for approval, including detailed information on landscaping, grading, screening, berming, fencing and signage for Tracts A and C prior to Mylar approval.


 

3.                  That the developer dedicate 1.82 acres of parkland or contribute $32,352.51 in lieu of parkland dedication for the 82 single family lots (82 lots x 3.7 x 0.006 x $17,772.20 = $32,352.51) in satisfaction of Chapter 88-405-17 of the Zoning and Development Code.

 

4.                  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.

 

5.                  That the developer submit a macro "overall" storm drainage analysis from a Missouri-licensed civil engineer for the entire development in accordance with adopted standards to the Land Development Division for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study, including a BMP level of service analysis, in accordance with current adopted standards to be submitted for each phase at the time of final platting, and the developer secure permits to construct any improvements required by the Land Development Division prior to recording the plat.

 

6.                  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.

 

7.                  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.

 

8.                  That the developer 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 with a waiver requiring sidewalks only on one side of the street.

 

9.                  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.

 

10.              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.

 

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

 

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

 

13.              That the developer grant BMP and Surface Drainage Easements to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

14.              That the developer submit a preliminary buffer plan prior to approval of the development plan in accordance with the Section 88-415 requirements.

 

15.              That the developer submit a final stream buffer plan to the Land Development Division for approval prior to issuance of any building permits and obtain permits for the Stream Buffer 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.

 

16.              That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

17.              That the developer show the limits of the 100-year floodplain on the final plat and show the Minimum Low Opening Elevation (MLOE) of any structure on each lot that abuts a 100-year floodplain area on any plat or plan, as required by the Land Development Division.

 

18.              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.

 

19.              Numerous downstream problems exist as identified in the KC-One City Wide Comprehensive Stormwater Management Plan. In addition to complying with the Stream Setback Ordinance, APWA 5600 and APWA/MARC BMP Manual Requirements, developer will ensure that no increases in discharge rate or additional impacts on downstream infrastructure or stream shall occur as result of this development.

 

20.              That the developer 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