ORDINANCE NO. 180236
Rezoning an 18 acre tract of land
generally located at the northwest corner of N.E. 92nd Street and N. Brighton
Avenue from District R-80 to District R-7.5, and approving a preliminary plat
in District R-7.5 to allow for 38 single family lots and 4 tracts. (11593-P-12
& SD 0924I).
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 88-20A1147, rezoning an area of approximately 18
acres generally located at the northwest corner of N.E. 92nd Street and N.
Brighton Avenue from District R-80 (Residential dash 80) to District R-7.5
(Residential dash 7.5), and approving a preliminary plat in District R-7.5
(Residential dash 7.5), said section to read as follows:
Section 88-20A1147. That an area legally described as:
All
that part of the South One half of the East One Half of the Northwest Quarter
of Section 5, Township 51 North, Range 32 West of the 5th Principal Meridian in
Kansas City, Clay County, Missouri, described as follows: Beginning at the
Southeast corner of said Northwest Quarter; thence North 88 degrees 58 minutes
01 seconds West along the South line of said Quarter a distance of 653.56 feet
to a point being 660.00 feet East of the Southwest corner of said South Half of
the East Half of the Northwest Quarter; thence North 00 degrees 26 minutes 01
seconds East parallel to the West line of said South Half of the East Half of
the Northwest Quarter a distance of 1314.03 feet to a point on the North line
of said South Half; thence South 89 degrees 04 minutes 38 seconds East along
the North line of said South Half a distance of 651.84 feet to the Northeast
corner of said South Half; thence South 00 degrees 21 minutes 33 seconds West
along the East line of said Northwest Quarter a distance of 1315.30 to the
point of beginning.
is hereby rezoned from District
R-80 (Residential dash 80) to District R-7.5 (Residential dash 7.5), and
approving a preliminary plat in District R-7.5 (Residential dash 7.5) all as
shown outlined on a map marked Section 88-20A1147, 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.
The developer shall submit a street tree planting plan with any final
plat and secure the approval of the City Forester for street trees planted on
right of way in front of residential lots.
2.
The developer shall submit a street naming plan to the Development
Management Division prior to or in conjunction with submittal of any final
plat. The street naming plan shall be approved prior to issuance of addresses
for this development.
3.
The developer shall submit a project plan to the City Plan Commission
for approval, including detailed information on landscaping, grading,
screening, berming, fencing, building elevations (pool/cabana), lighting and
signage for all POS tracts prior to Mylar approval of this final plat. This
shall also include plans for the POS lots that back up to N.E. 96th Street.
4.
The developer shall post a sign at the terminus of all stub streets that
states: "FUTURE THROUGH STREET TO BE CONNECTED WHEN
ABUTTING PROPERTY DEVELOPS" pursuant to Chapter 88-405-10-B-6 of the
Zoning and Development Code as directed by the Public Works Department prior to
Mylar approval of the plat.
5.
The developer shall cause the area to be platted and processed in
accordance with Chapter 88, Code of Ordinances of the City of Kansas City,
Missouri.
6.
The developer shall submit a macro storm drainage study with the first plat
or phase, 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, to the Land Development
Division for review and acceptance for the entire development area, and submit a
micro storm drainage study with each subsequent plat or phase showing
compliance with the approved macro and adopted standards. The developer shall
secure permits to construct any improvements as necessary to mitigate impacts
from rate, volume, and quality of runoff from each proposed phase, prior to
recording the plat or prior to issuance of a building permit, whichever occurs
first, as required by the Land Development Division.
7.
The developer shall dedicate additional right of way for N. Brighton Avenue
as required by the adopted Major Street Plan and Chapter 88 so as to provide a
minimum of 50 feet of right of way as measured from the centerline, and ensure
right of way dedication is adequate for any proposed road improvements as
required by the Public Works Department adjacent to this project.
8.
The developer shall dedicate additional right of way for N.E. 92nd
Street as required by Chapter 88 so as to provide a minimum of 30 feet of right
of way as measured from the centerline, and ensure right of way dedication is
adequate for any proposed road improvements as required by the Public Works
Department adjacent to this project.
9.
The developer shall 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 the owner/developer shall be
responsible for all costs associated with subordination activities now and in
the future.
10.
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.
11.
The developer shall design and construct all interior public streets to City
standards, as required by Chapter 88 and the Land Development Division,
including curb, gutter, storm sewers, streetlights, and sidewalks.
12.
The developer shall construct temporary off-site cul-de-sacs and grant a
City approved temporary cul-de-sac easement, for that portion outside of the
dedicated street right-of-way, to the City as required by the Land Development
Division, prior to recording the plat.
13.
The developer shall pay impact fees as required by Chapter 39 of the
City's Code of Ordinances, as required by the Land Development Division.
14.
The developer shall submit plans to the Land Development Division and
obtain permits to construct sidewalks along the platted frontage adjacent to
all tracts within the development, and construct associated ADA ramps at all
proposed intersections, prior to recording the plat.
15.
The developer shall 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.
16.
The owner/developer shall 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.
17.
The developer shall 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.
18.
The developer shall extend water mains (12” DIP) and provide easements
as required by the Water Services Department.
19.
The developer shall maintain a minimum of 10’ horizontal clearance
between water and sewer mains.
20.
Fire Department access roads shall be provided prior to
construction/demolition projects begin. (IFC-2012: § 3310.1; NFPA 241-2009: §
7.5.5)
21.
Fire hydrants shall be installed and operable prior to the arrival of
any combustible building materials onto the site. (IFC-2012: § 3312.1; NFPA
241-2010: § 8.7.2)
22.
The developer shall contribute money in lieu of parkland dedication in
satisfaction of Section 88-408 of the Zoning and Development Code per the 2017
parkland fees based on the number of units and the following formula:
38
(number of single-family lots) x 3.7 (persons per unit) x 0.006 (acres per
person) = 0.84 acres x $37,662.28 (2017 parkland fee) = $31,771.90
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
and Development Code 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:
___________________________________
Sarah
Baxter
Assistant
City Attorney