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