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Legislation #: 060729 Introduction Date: 6/29/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 33 acres generally located at the northeast corner of N.E. Vivion Road and N. Oak Trafficway, from District R-1b to District URD and approving a development plan for the same. (13554-URD).

Legislation History
DateMinutesDescription
6/29/2006 Filed by the Clerk's office
6/29/2006 Referred to Planning, Zoning & Economic Development Committee
7/19/2006 Advance and Do Pass, Debate
7/20/2006 Passed

View Attachments
FileTypeSizeDescription
060729.pdf Authenticated 265K Authenticated
C013554URD_Fact_Sheet.doc Fact Sheet 97K fact sheet
C013554URD_STAFFRPT_06_06_06.doc Staff Report 92K staff report

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ORDINANCE NO. 060729

 

Rezoning an area of approximately 33 acres generally located at the northeast corner of N.E. Vivion Road and N. Oak Trafficway, from District R-1b to District URD and approving a development plan for the same. (13554-URD).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0683, rezoning an area of approximately 33 acres generally located at the northeast corner of N.E. Vivion Road and N. Oak Trafficway, from District R-1b (One-Family Dwellings) to District URD (Urban Redevelopment District), said section legally described as follows:

Section 80-11A0683. That an area legally described as:

All that part of the Southeast Quarter of Section 35, Township 51 North, Range 33 West, in the City of Kansas City, Clay County, Missouri, more particularly described as follows: commencing at the southwest corner of the Southeast Quarter of said Section 35, thence North 00 degrees 33 minutes 13 seconds East, with the west line of the Southeast Quarter of said Section 35, a distance of 235.00 feet; thence South 89 degrees 26 minutes 47 seconds East, perpendicular to the west line of the west line of the Southeast Quarter of said Section 35, a distance of 43.00 feet to a point on the east right-of-way of North Oak Trafficway, said point being the point of beginning; thence North 00 degrees 33 minutes 13 seconds East, parallel with the west line of the Southeast Quarter of said Section 35, a distance of 1870.65 feet; thence South 89 degrees 20 minutes 16 seconds East, and no longer with the east right-of-way of North Oak Trafficway, a distance of 284.00 feet; thence South 00 degrees 33 minutes 13 seconds West, parallel with the west line of the Southeast Quarter of said Section 35, a distance of 803.39 feet to a point of curvature; thence on a curve to the left having a radius of 100.00 feet, a central angle of 89 degrees 53 minutes 28 seconds, an arc distance of 156.89 feet; thence South 89 degrees 20 minutes 16 seconds East, parallel with the south line of the Southeast Quarter of said Section 35, a distance of 634.84 feet; thence South 00 degrees 33 minutes 13 seconds West, parallel with the west line of the Southeast Quarter of said Section 35, a distance of 809.01 feet; thence South 00 degrees 21 minutes 24 seconds West, a distance of 353.52 feet to a point on the north right-of-way of NE Vivion Road; thence North 89 degrees 20 minutes 16 seconds West, with the north right-of-way of NE Vivion Road, and parallel with the south line of the Southeast Quarter of said Section 35, a distance of 562.79 feet; thence North 82 degrees 35 minutes 02 seconds West, continuing with the north right-of-way of NE Vivion Road, a distance of 212.58 feet; thence North 89 degrees 20 minutes 16 seconds West, continuing with the north right-of-way of NE Vivion Road, and parallel with the south line of the Southeast Quarter of said Section 35, a distance of 103.90 feet; thence North 44 degrees 23 minutes 53 seconds West, continuing with the north right-of-way of NE Vivion Road, a distance of 191.25 feet to a point on the east right-of-way of North Oak Trafficway; thence North 10 degrees 45 minutes 23 seconds West, with the east right-of-way of North Oak Trafficway, a distance of 35.69 feet to the point of beginning. The above described tract contains 1424077 square feet, or 32.69 acres.

is hereby rezoned from District R-1b (One-Family Dwellings) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0683, 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, commonly known as the Subdivision Regulations.

 

2.                 That the developer submit a macro/micro storm drainage study to Development Services for approval for the entire development when the first plat is submitted, and that the developer construct any improvements as required by Development Services.

 

3.                 That the developer make specific right-of-way dedications and street improvements required by the traffic study as required by Development Services.

 

4.                 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.

 

5.                 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 be responsible for all costs associated with subordination activities.

 

6.                 That the developer secure permits to construct or reconstruct existing sidewalks, curb and gutter as necessary along all development street frontages, or submit a letter from a Missouri Licensed Civil Engineer stating that the sidewalks, curb and gutter are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

 

7.                 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.

 

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

 

9.                 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.

 

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

 

11.             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 exclusive water main easements and extend water mains as required by the Water Services Department including a 30 foot wide water main easement adjacent to, and east of the east right of way line of N. Oak Trafficway and a 10 foot wide water main easement adjacent to and north of the north right of way line of N.E. Vivion Road.

 

14. That the developer provide fire protection as required by the Fire Department.

 

15. 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 storm water detention area tracts.

 

16. That the developer submit a site plan to the Director of City Development for approval including landscaping and architectural features, streetscaping, lighting, including a photometric study showing zero footcandles at the property line and signage. The landscaping plan shall identify adequate area for planting of trees and shrubs within the parking lots.

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.

_____________________________________________

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

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney