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Legislation #: 160159 Introduction Date: 3/3/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 6 acre tract of land generally located east of Wornall Road and south of Interstate 435 from District R-7.5 to District R-1.5, and approving a development plan which also acts as a preliminary plat for a residential development consisting of 14 buildings. (11103-P-5 and 11103-P-6)

Legislation History
DateMinutesDescription
3/2/2016 Filed by the Clerk's office
3/3/2016 Referred to Planning, Zoning & Economic Development Committee
3/16/2016 Advance and Do Pass as a Committee Substitute, Debate
3/17/2016 Passed as Substituted

View Attachments
FileTypeSizeDescription
160159.pdf Authenticated 267K Authenticated
160159 cs to org ord-com.pdf Compared Version 27K 160159 Compared Version
160159 Chuck Barthol Testimony.pdf Other 451K Chuck Barthol Testimony
160159 Testimony.pdf Other 51K Additional Public Testimony
160159 Johnson-Cosby Testimony.pdf Other 42K Johnson-Cosby Testimony
160159 Petition Protest.pdf Petition 1812K Protest Petition
160159 Plan.pdf Plan 8002K Plan
160159 Staff Report.pdf Staff Report 12526K Staff Report
160159 Fact Sheet.pdf Fact Sheet 645K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160159

 

Rezoning a 6 acre tract of land generally located east of Wornall Road and south of Interstate 435 from District R-7.5 to District R-1.5, and approving a development plan which also acts as a preliminary plat for a residential development consisting of 14 buildings. (11103-P-5 and 11103-P-6)

 

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 88-20A1045, rezoning an area of approximately 6 acres generally located east of Wornall Road and south of Interstate 435 from District R-7.5 (Residential 7.5) to District R-1.5 (Residential 1.5), said section to read as follows:

 

Section 88-20A1045. That an area legally described as:

 

A tract of land being all that part of the Northwest Quarter of the Southwest Quarter of Section 32, Township 48 North, Range 33 West of the Fifth Principal Meridian in Kansas City, Jackson County, Missouri and all of Lots 2, 3, 14 and 17, all of Lots 4, 5, 15 and 16 and that portion of vacated Circle Drive, Wornall Acres, a subdivision in said city, county and state, said tract of land being more particularly described as follows: Commencing at the southeast corner of Lot 7, Wornall Acres, also being a point on the north right-of-way line of W. 104th Street Terrace, as said street is now established; thence North 87 degrees 11 minutes 46 seconds West along said north right-of-way line, also being the south line of said Lot 7, lot 6 and the westerly prolongation thereof, a distance of 362.80 feet to the point of beginning of said tract of land; thence continuing along said north right-of-way line, also being along the easterly extension of the southerly line of Lot 15, the southerly line of said Lots 15 and 14 North 87 degrees 11 minutes 46 seconds West, a distance of 227.34 feet to a point on the easterly right-of-way line of Wornall Road, as said road is now established by quit claim deeds recorded in Book K-2312 at pages 796 and 799; thence along said easterly right-of-way line North 08 degrees 18 minutes 53 seconds East, a distance of 409.34 feet to a point on the north line of said Lot 17; thence along said north line South 87 degrees 11 minutes 46 seconds East, a distance of 68.94 feet; thence perpendicular to the last described course North 02 degrees 48 minutes 14 seconds East, 40.00 feet to the southwest corner of said Lot 2, said corner also being on the southeasterly right-of-way line of Missouri State Highway Route Number 435; thence along said southeasterly right-of-way line North 63 degrees 44 minutes 59 seconds East, a distance of 325.83 feet to a point on the east line of said Lot 3; thence continuing along said southeasterly right-of-way line North 75 degrees 04 minutes 13 seconds East, a distance of 202.43 feet to the northwest corner of Lt 8, Corrected Plat of Pinecrest, a subdivision in said city, county and state; thence along the west line of Lots 8 thru 3 and a portion of Lot 2, Corrected Plat of Pinecrest South 02 degrees 26 minutes 17 seconds West, a distance of 529.79 feet to the southeast corner of said Lot 5, Wornall Acres; thence along the southerly line of said Lot 5 and its westerly prolongation North 87 degrees 51 minutes 18 seconds West, a distance of 241.42 feet to a point in the center of vacated Circle Drive; thence along the centerline of said vacated Circle Drive along a curve to the right, having a radius of 224.77 feet an arc length of 186.08 feet, a chord bearing of South 44 degrees 36 minutes 30 seconds West and a chord distance of 180.81 feet to the point of beginning. Contains 271,467 square feet or 6.23 acres, more or less.

 

is hereby rezoned from District R-7.5 (Residential 7.5) to District R-1.5 (Residential 1.5), all as shown outlined on a map marked Section 88-20A1045, 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, subject to the following condition:

 

1.                  That this rezoning is approved subject to the development depicted on the development plan approved in Section B, and no more than 42 dwelling units will be allowed.

 

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 name plan for approval by the Street Naming Committee prior to approval of the final plat.

 

2.                  That the developer submit a street tree planting plan as part of the final plat with a copy to be submitted to the Department of City Planning and Development, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

 

3.                  That the developer provide a street addressing system using named (public or private) streets (IFC-2012 § 505.2).

 

4.                  That the developer provide water mains (public or private) so as to provide operable fire hydrants within 400 feet of the structures (IFC-2012 § 507.5.1.)

 

5.                  That the developer provide operable fire hydrants and fire access roadways prior to the arrival of any combustible building materials onto the site (IFC-2012 § 3312.1 & 3310.1).

 

6.                  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.

 

7.                  That the developer submit a storm drainage analysis from a Missouri licensed civil engineer to the Land Development Division showing compliance with current adopted standards in effect at the time of submission, including Water Quality BMP's, prior to approval and issuance of any building permits to construct improvements on the site or prior to recording the plat, whichever occurs first. The developer shall verify and/or improve downstream conveyance systems or address solutions for impacted properties due to flow contributions from the site; and the developer shall construct any other improvements as required by Land Development Division as necessary to mitigate impacts from rate, volume, and quality of runoff.

 

8.                  That the developer verify vertical and horizontal sight distance for the drive connection to the public right-of-way and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.

 

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 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 recording the plat.

 

11.              That the developer submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage, as shown on the approved street plans for W. 104th Terrace, and to a tie-in point with the existing sidewalks at Wornall Road, and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach.

 

12.              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.

 

13.              That the owner/developer 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.              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 receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit, whichever occurs first.

 

15.              That the developer 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.

 

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