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Legislation #: 180560 Introduction Date: 8/2/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an 18 acre tract of land generally located at the southwest corner of N.W. 108th Street and N.W. Skyview Avenue, from District B3-3 to District R-7.5, and approving a major amendment to an approved development plan which also serves as a preliminary plat in District R-7.5, to allow for 28 single family residential lots and four (4) tracts. (11943-P-7 and 11943-P-8)

Legislation History
DateMinutesDescription
8/1/2018 Filed by the Clerk's office
8/2/2018 Referred to Planning, Zoning & Economic Development Committee
8/15/2018 Advance and Do Pass, Debate
8/16/2018 Passed

View Attachments
FileTypeSizeDescription
180560.pdf Authenticated 257K Authentication
08-15-2018_PZE.pptx Other 12614K PowerPoint presentation
017-1691-STREAM BUFFER PLAN.pdf Plan 610K Plan
017-1691-HAWKSBURY OVERALL EXHIBIT.pdf Plan 421K Plans
017-1691-AMENDED DEVELOPEMENT PLAN REZONING PLAN.pdf Plan 1000K Plans
C000247S121_Factsheet.pdf Fact Sheet 205K Factsheet
C011943P8_Section Map.pdf Maps 1194K Map
C000247S121 C011943P7 C011943P8_STAFFRPT_05_01_18.pdf Staff Report 202K Staff Report

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ORDINANCE NO. 180560

 

Rezoning an 18 acre tract of land generally located at the southwest corner of N.W. 108th Street and N.W. Skyview Avenue, from District B3-3 to District R-7.5, and approving a major amendment to an approved development plan which also serves as a preliminary plat in District R-7.5, to allow for 28 single family residential lots and four (4) tracts. (11943-P-7 and 11943-P-8)

 

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 88-20A1156, rezoning an area of approximately 18 acres generally located at the southwest corner of N.W. 108th Street and N.W. Skyview Avenue, from District B3-3 (Community Business dash 3) to District R-7.5 (Residential dash 7.5), said section to read as follows:

 

Section 88-20A1156. That an area legally described as:

 

A tract of land in the Southwest Quarter of Section 30, Township 52 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri;, being bounded and described as follows: Commencing at the Northwest corner of said Southwest Quarter; thence North 89 degrees 49 minutes 55 seconds East on the North line of said Southwest Quarter, 867.67 feet to the northeast corner of Skyport 1st Plat, a subdivision of land in Kansas City, Platte County, Missouri, recorded in the Platte County Recorder of Deeds Plat Book 20 at Page 296, also being the Point of Beginning of the tract of land to be herein described; thence continuing North 89 degrees 49 minutes 55 seconds East along said North line, 829.86 feet to a point on the westerly right-of-way line of Northwest Skyview Avenue; thence on the said westerly right-of-way line, Southerly along a curve to the left having an initial tangent bearing of South 07 degrees 49 minutes 18 seconds West with a radius of 5,764.58 feet, a central angle of 02 degrees 48 minutes 42 seconds and an arc distance of 282.88 feet; thence continuing on said westerly right-of-way line, South 05 degrees 00 minutes 36 seconds West, 679.48 feet; thence leaving said right-of-way line, North 84 degrees 57 minutes 47 seconds West, 445.01 feet; thence North 05 degrees 02 minutes 13 seconds East, 85.00 feet; thence North 84 degrees 57 minutes 47 seconds West, 485.26 feet to a point on the easterly lot line of Tract A of said Skyport 1st Plat subdivision; thence on said easterly line of Tract A, North 12 degrees 52 minutes 10 seconds East, 809.51 feet to the point of beginning. Containing 770,687 square feet or 17.69 acres, more or less.

 


is hereby rezoned from District B3-3 (Community Business dash 3) to District R-7.5 (Residential dash 7.5), all as shown outlined on a map marked Section 88-20A1156, 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 survey, delineate and properly mark the “Treeline To Remain” in the field with orange construction fence prior to any land disturbance on this site.

 

2.                  Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

3.                  The developer shall submit a street tree planting plan to the Development Management Division prior to issuance of a building permit. The developer shall also secure the approval of the City Forester for street trees to be planted in the right of way prior to occupancy.

 

4.                  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.

 

5.                  The developer shall submit a new, or update a previously accepted macro storm drainage study from a Missouri-licensed civil engineer to the Land Development Division for the overall development in accordance with adopted standards to address development amendments or modified conveyance systems, along with providing a detailed micro study prior to final platting or issuance of a building permit (whichever occurs first), that is in general compliance with the macro and adopted standards, including a BMP level of service analysis, and securing permits to construct any improvements as required by the Land Development Division.

 

6.                  The developer shall dedicate additional right of way for N.W. 108th Street as required by the adopted Major Street Plan so as to provide a minimum of 50 feet of right of way as measured from the centerline, along those areas being platted, or seek approval recommendations from the Transportation and Development Committee for any variances requested to the Major Street Plan prior to City Plan Commission approval.

 


7.                  The developer shall dedicate additional right of way for N.W. Skyview Avenue as required by the adopted Major Street Plan so as to provide a minimum of 50 feet of right of way as measured from the centerline, along those areas being platted, or seek approval recommendations from the Transportation and Development Committee for any variances requested to the Major Street Plan prior to City Plan Commission approval.

 

8.                  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.

 

9.                  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.

 

10.              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.

 

11.              The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

12.              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.

 

13.              The developer shall integrate into the existing streetlight system any relocated existing streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights must comply with all adopted lighting standards.

 

14.              The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage of any proposed tracts.

 

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 secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit, whichever occurs first.

 

18.              The developer shall grant a BMP easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

19.              The developer shall submit a final stream buffer plan to the Land Development Division for approval prior to issuance of any building permits and obtain permits for the stream buffer prior to removal of any mature riparian species within the buffer zones due to building activities on the site, in accordance with the Section 88-415 requirements.

 

20.              The developer shall grant on City approved forms, a stream buffer easement to the City or show and label the final stream buffer zones on the subdivision plat within a private open space tract, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

21.              The developer shall provide an erosion hazard analysis for areas where any improvements or public right-of-way dedications are proposed within stream buffer zones or adjacent to the outside of stream meanders as required by the Water Services Department.

 

22.              The developer shall obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

23.              The developer shall show the limits of the 100-year floodplain on the final plat and show the Minimum Low Opening Elevation (MLOE) of any structure on each lot that abuts a 100-year floodplain area on any plat and plan, as required by the Land Development Division.

 

24.              The developer shall submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.

 

25.              Preliminary Stream Buffer Plan: Detention pond within outer zone counts toward outer zone disturbance. If the outer zone is being established with the maximum 150’ extent, the area within that 150’ must be preserved; otherwise, outer zone should be established to edge of mature riparian vegetation area but not to exceed 250’. Revise outer zone boundary, hatching, and calculation for percent disturbed.

 

26.              Amended Development Plan:

 

a. Revise Residential Local Street typical section to reflect 2% street cross slope and maximum 2% cross slope for sidewalks.

 

b.                    Show and label street centerlines.

 

c.                    Clarify existing and proposed rights-of-way for N. Skyview Avenue and N.W. 108th Street. Provide measurements from street centerlines.

 

d.                    Provide right-of-way radius at southwest corner of N.W. 108th Street and N. Skyview Avenue.

 

27.              The developer shall construct sidewalks.

 

28.              The developer shall provide street crossings to the east of Skyview Avenue where sidewalks are present.

 

29.              The developer shall extend water mains and provide easements as required by the Water Services Department.

 

30.              The developer shall submit a streetscape plan with street tree planting plan for approval and permitting by the Parks and Recreation Department prior to beginning work in the public right of way.

 

31.              Fire Department access roads shall be provided prior to beginning any construction/demolition projects. (IFC-2012: § 3310.1; NFPA 241-2009: § 7.5.5)

 

32.              The expectation is the project will meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2012. (IFC-2012: § 507.1)

 

33.              Fire hydrant(s) are required within 400 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building. The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required. This distance may be increased to 600 feet for R-3 and U occupancy(s) or the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC-2012: § 507.5.1)

 

34.              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)

 

35.              Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC2012: § 507.5.1.1)

 

36.              All construction shall be in compliance of the applicable building codes which are in effect at the time of construction and shall be built under valid building permits issued by the City Planning and Development Department. (IFC-2012: § 102.4)

 

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