KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 150451 Introduction Date: 6/11/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Waiving a requirement of Section 88-405-10-N.1, Code of Ordinances, in connection with the final plat of Riverfront Apartments, an addition in Clay County, Missouri.

Legislation History
DateMinutesDescription
6/9/2015 Filed by the Clerk's office
6/11/2015 Referred to Planning, Zoning & Economic Development Committee
6/17/2015 Advance and Do Pass, Debate
6/18/2015 Passed

View Attachments
FileTypeSizeDescription
150451.pdf Authenticated 97K Authenticated
Sec. 88-405-10-N Documentation.pdf Exhibit 445K Letter from the Applicant
Gladstone's Consent.pdf Exhibit 54K Gladstone's Consent
Riverfront Apartments NW 38th Subordination Exhibit.pdf Exhibit 332K Subordination Exhibit
Riverfront Apartments Grant of Exception Fact Sheet.docx Fact Sheet 27K Fact Sheet

Printer Friendly Version

ORDINANCE NO. 150451

 

Waiving a requirement of Section 88-405-10-N.1, Code of Ordinances, in connection with the final plat of Riverfront Apartments, an addition in Clay County, Missouri.

WHEREAS, on March 20, 2014, the City Council passed Ordinance No. 140191 that approved the plat of Riverfront Apartments, an addition in Clay County, Missouri; and  

WHEREAS, in order to ensure that the rights of the public to the use of street right-of-way will not be infringed upon, Section 88-405-10-N.1 of the Code of Ordinances requires that any utility or other easement be subordinate to the rights of the public in the street right-of-way, except when the requirement is waived by the City Council after considering the factors set forth in Section 88-405-10-N.3.; and

 

WHEREAS, the developer is dedicating right-of-way along N.W. 38th Street that crosses an existing easement owned by the City of Gladstone, Missouri; and

 

WHEREAS, the City of Gladstone, Missouri consents to the right-way-dedication but will not agree to subordinate its existing easement to City right-of-way; and

 

WHEREAS, there is no other feasible solution for the developer to pursue to induce the City of Gladstone, Missouri to subordinate its existing easement to City right-of-way and approval without the subordination agreement is necessary for reasonable and acceptable development of the property; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council finds that the City of Gladstone, Missouri consents to the developer dedicating right of way along N.W. 38th Street across the City of Gladstone, Missouri’s easement but will not agree to subordinate its easement to the City right-of-way; there is no other feasible solution for the developer to pursue to induce the City of Gladstone, Missouri to subordinate its easement; and approval without a subordination agreement from the City of Gladstone, Missouri is necessary for reasonable and acceptable development of the property. Therefore, the Council grants an exception to the requirement for a subordination agreement from the City of Gladstone, Missouri as required by Section 88-405-10-N.1.

 

____________________________________________

 

Approved as to form and legality:

 

 

____________________________________

Sarah Baxter

Assistant City Attorney