ORDINANCE NO. 061098

Rezoning approximately a 76.8 acre tract of land from District GP-7 (low density residential, agricultural) to District GP-6 (low density residential) and approving a development plan. (13612-GP-1)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance by adding a new section to be known as Section 80-11A0701 rezoning approximately 76.8 acres from District GP-7 (Low Density Residential, Agricultural) to District GP-6 (Low Density Residential) at the southeast corner of N. Skyview Avenue and N.W. 128th Street, said section to read as follows:

Section 80-11A0701. That an area legally described as follows:

Part of the Northeast Quarter of Section 18, Township 52, Range 33, Kansas City, Platte County, Missouri, described as follows:

All that part of the South One Half of the North One Half of the Northeast Quarter and all that part of the North One Half of the South One Half of the Northeast Quarter, all being in Section 18, Township 52, Range 33, Platte County, Missouri, being described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 18; thence South 03751 West, along the East line of said Northeast Quarter, 701.93 feet to a point 40.00 feet South of the Northeast corner of the South One Half of the North One Half of said Northeast Quarter, said point being the True Point of Beginning of the tract to be herein described; thence continuing South 03751 West, along said East line, 1283.85 feet to the Southeast corner of the North One Half of the South One Half of said Northeast Quarter; thence South 895638 West, along the South line of said North One Half, 2599.87 feet to a point on the East right-of-way line of Missouri Route SC (NW Skyview Avenue), as established by Book 130 at Page 204, in the office of the Recorder of Deeds in said Platte County, Missouri; thence North 03051 East, along said East right-of-way line, 1288.30 feet to a point on the South line of a County Road, as described in County Court Record Book H at Page 400 in the office of the Recorder of Deeds in Platte County, Missouri, said point being 40.00 feet South of the North line of the South one half of the North one half of said Northeast Quarter; thence South 895727 East, along a line parallel with and 40.00 feet South of said North line, 2602.45 feet to the True Point of Beginning, containing 76.79 acres, more or less.

is herby rezoned from District GP-7 to District GP-6 as shown on a map marked Section 80-11A0701, which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and 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 shall cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

2.                  That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

3.                  That the developer dedicate additional right of way for a primary arterial with a bike lane as required by Missouri Department of Transportation so as to provide a minimum of 56 feet of right of way as measured from the centerline of N.W. Skyview Drive.

4.                  That the developer design and construct all interior streets to City standards as required by Development Services, including curb, gutter, storm sewers, streetlights, and sidewalks.

5.                  That the developer make improvements required by the traffic study as required by Development Services.

6.                  That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

7.                  That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer shall be responsible for all costs associated with subordination activities.

8.                  That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to submittal of the first final plat.

9.                  That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

10.              That the developer secure a land disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

11.              That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

12.              That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services.

13.              That the developer provide adequate sight distance for the street connection to N.W. Skyview Drive as required by Development Services.

14.              That the developer provide access restrictions to prohibit direct vehicular access to N.W. Skyview Drive from all lots or units and that this restriction be placed on the Final Plat.

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

16.              That the limits of the 100-year floodplain be shown on the final plat.

17.              That the developer show the lowest opening or elevation or Minimum Low Opening of any structure on each lot that abuts a 100-year floodplain area on the final plat.

18.              That the developer grant a Noise and Aviation Easement to the City as required by Development Services.

19.              That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

20.              That the developer dedicate an open space tract in the southwest corner of the development for the construction of a trail extension as required by the Department of Public Works.

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

22.              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 in right-of-way in front of residential lots, with a final approved copy to be submitted to the City Development Department staff. The plan shall include size, type, species, and placement of trees or design guidelines stating this information. Further, that the developer either install said trees within one year of the issuance of the home certificate of occupancy or within two (2) years of the recording of the plat and agree to maintain and guarantee the life of the tree for a period of one year following the installation of the tree/s as required by the Department of Parks and Recreation or enter into a deferral agreement for the installation, maintenance and guarantee of the trees as required by the Department of Public Works.

23.              That the developer improve one half of N.W. 126th Street to collector standards or provide barricades on the northerly street connections to N.W. 126th Terrace as required by the Department of Public Works.

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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M. Margaret Sheahan Moran

Assistant City Attorney