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Legislation #: 180236 Introduction Date: 4/5/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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).

Legislation History
DateMinutesDescription
4/4/2018 Filed by the Clerk's office
4/5/2018 Referred to Planning, Zoning & Economic Development Committee
4/11/2018 Hold On Agenda (4/18/2018)
4/18/2018 Advance and Do Pass, Debate
4/19/2018 Passed

View Attachments
FileTypeSizeDescription
180236.pdf Authenticated 256K Authenticated
180236 Plan.pdf Plan 2993K Plan
180236 Map.pdf Maps 2062K Map
180236 Staff Report.pdf Staff Report 218K Staff Report
180236 Fact Sheet.pdf Fact Sheet 132K Fact Sheet

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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