COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980354

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0140, rezoning an area of approximately 41.57 acres generally located at the southeast corner of Missouri Route 152 and Line Creek Parkway from District GP-6 (Low Density Residential) to District GP-4 (High Density Residential), and approving a development plan for the same. (7421-GP-5)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0140, rezoning an area of approximately 41.57 acres generally located at the southeast corner of Missouri Route 152 and Line Creek Parkway from District GP-6 (Low Density Residential) to District GP-4 (High Density Residential), said section to read as follows:

Section 80-11A0140. That an area legally described as:

A tract of land in the Northwest Quarter of Section 9, Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the northeast corner of said Northwest Quarter; thence South 035'45" West, along the east line of said Northwest Quarter, 1535.38 feet; thence North 8929'18" West, 181.86 feet; thence North 1630'13" West, 107.61 feet; thence North 344'44" West, 68.14 feet; thence North 1953'02" East, 71.09 feet; thence South 3553'59" West, 112.61 feet; thence South 4758'26" West, 222.37 feet; thence South 4325'26" West, 201.22 feet; thence North 8858'54" West, 123.86 feet; thence North 4606'54" West, 381.75 feet; thence westerly on a curve to the right, having an initial tangent bearing of South 8849'50" West, a radius of 2351.14 feet, an arc distance of 63.30 feet; thence North 7643'38" West, 243.26 feet to a point on the easterly right of way line of Line Creek Parkway, as now established; thence northerly, along said easterly line, on a curve to the left, having an initial tangent bearing of North 1648'31" East, a radius of 2146.00 feet, an arc distance of 596.41 feet; thence North 053'06" East, along said easterly line, 779.58 feet to a point on the north line of said Northwest Quarter; thence South 8917'53" East, along said north line, 1173.33 feet to the point of beginning. Containing 41.57 acres, more or less.

is hereby rezoned from District GP-6 (Low Density Residential) to GP-4 (High Density Residential), all as shown outlined on a map marked Section 80-11A0140, 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 as an amendment to Section 80-11 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 cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval when the first final plat is submitted and that the developer make any improvements as required by the City Engineers Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

4. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

5. That the developer submit a Certificate of Survey to the Department of City Development for approval prior to sale of individual units.

6. That the developer enter into a Cooperative Agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute $6,300.00 towards the cost of installation of a traffic signal at the intersection of N.W. Barry Road and Line Creek Parkway.

7. That the developer improve the east half of Line Creek Parkway to parkway street standards as required by the Board of Parks and Recreation Commissioners, including construction of curb, gutter and sidewalks and installation of streetlights.

8. That the developer contribute $36,206.47 in lieu of parkland dedication for 152 single family units in satisfaction of Section 66-128 of the Subdivision Regulations.

9. That the developer submit a street tree planting plan as part 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 submitted to the Department of City Development. The plan shall include size, type, species and placement of trees.

10. That the developer submit a street name signage plan to the Street Naming Committee for approval prior to the submittal of the first final plat.

11. That the developer extend water mains as required by the Water Services Department.

12. That the developer extend sanitary sewers as required by the Department of Public Works.

13. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

14. That the developer receive the approval of the Missouri Highway and Transportation Department prior to working in any State right of way.

15. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, grading, berming, screening, and signage.

16. That the developer dedicate 50 feet of right of way as required by the Department of Public Works for the future extension of N.W. Powderhorn Drive on the east side of development as shown on the development plan.

A copy of said development plan is on file in the office of the City Clerk under Document No. 980354, which is attached hereto and 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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney