SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 090094
Rezoning an area of approximately
39.645 acres generally located on the north side of N.W. Barry Road and on both
sides of N. Conant Avenue from Districts GP-3 and GP-5 to Districts GP-4 and
GP-5, and approving a development plan for the same. (6553-GP-3)
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 80-11A0833, rezoning an area of approximately 39.645 acres
generally located on the north side of N.W. Barry Road and on both sides of N.
Conant Avenue from Districts GP-3 (Regional Business) and GP-5 (Medium Density
Residential) to Districts GP-4 (High Density Residential) and GP-5 (Medium
Density Residential), said section to read as follows:
Section 80-11A0833. That an area legally described as:
GP-5 Description:
A tract of land in the Southwest Quarter of the Northwest Quarter of
Section 12, Township 51 North, Range 34 West of the Fifth Principal Meridian,
and including all of Bethesda Gardens First Plat, a subdivision in Kansas City
as recorded in the Office of Recorder of Deeds in Book 19 at Page 267 recorded
on October 18, 2001, all in Kansas City, Platte County, Missouri being more
particularly described as follows: Beginning at the Southwest corner of said
Northwest Quarter; thence North 000458 West along the West line of said
Northwest Quarter, 271.28 feet; thence North 810636 East, 198.05 feet;
thence Northerly on a curve to the right, having an initial tangent bearing of
North 085324 West, a radius of 400.00 feet, a central angle of 433948,
and an arc distance of 304.83 feet; thence North 344623 East, 211.62 feet;
thence South 551337 East, 74.29 feet; thence North 344623 East, 257.38
feet; thence North 000000 West, 84.63 feet; thence North 001052 East, 290.88
feet to a point on the North line of the Southwest Quarter of said Northwest
Quarter; thence South 895531 East along said North line 724.48 feet to a
point 30.00 feet West of the East line of the Southwest Quarter of said
Northwest Quarter; thence South 000237 West, parallel with and 30.00 feet
West of the East line of the Southwest Quarter of said Northwest Quarter,
1313.00 feet to a point on the South line of said Northwest Quarter; thence
North 895015 West, along said South line, 1314.82 feet to the Point of
Beginning. Except the South 40.00 feet thereof taken for highway purposes.
Containing 1,292,324 square feet, or 29.668 acres, more or less.
GP-4 Description:
A tract of land in the Southwest Quarter of the Northwest Quarter of Section
12, Township 51 North, Range 34 West of the Fifth Principal Meridian, Kansas
City, Platte County, Missouri being more particularly described as follows:
Commencing at the Southwest corner of said Northwest Quarter; thence North
000458 West along the West line of said Northwest Quarter, 271.28 feet to
the Point of Beginning of the tract to be herein described; thence continuing
North 000458 West along said West line 1039.70 feet to the Northwest corner
of the Southwest Quarter of said Northwest Quarter; thence South 895531 East
along the North line of the Southwest Quarter of said Northwest Quarter 593.23
feet; thence South 001052 West, 290.88 feet; thence South 000000 East,
84.63 feet; thence South 344623 West, 257.38 feet; thence North 551337
West, 74.29 feet; thence South 344623 West, 211.62 feet; thence Southerly on
a curve to the left, having a common tangent with the last described course, a
radius of 400.00 feet, a central angle of 433948, and an arc distance of
304.83 feet; thence South 810636 West, 198.05 feet to the Point of
Beginning. Containing 434,601 square feet or 9.977 acres, more or less.
is hereby rezoned from Districts
GP-3 (Regional Business) and GP-5 (Medium Density Residential) to Districts
GP-4 (High Density Residential) and GP-5 (Medium Density Residential) as
described above, all as shown outlined on a map marked Section 80-11A0833,
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 "overall" storm drainage study for the
entire Bethesda development to Development Services for approval 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 construct a raised triangular channelizing traffic island at the
new public street on N.W. Barry Road and at the private drive on N.W. Barry
Road to enforce right-in right-out turn restrictions as required by the City
Development Department.
4. That
the developer dedicate additional right of way for a local street as required
by the City Development Department so as to provide a minimum of 50 feet of
right of way for the extension of Street 1 from the western property line
to the eastern property line (aligning with existing N.W. 85th
Terrace to the east) as shown on the development plan.
5. That the
developer improve the extension of Street 1 to local street standards as
required by the City Development Department, including curbs, gutters,
sidewalks, streetlights, existing roadway section transitions to meet vertical
and horizontal alignment standards, and relocation of utilities from the
eastern property line to the western property line as shown on the
development plan.
6. That
the developer dedicate additional right of way for a local street as required
by the City Development Department so as to provide a minimum of 50 feet of
right of way for the extension of Street 2.
7. That
the developer improve the extension of Street 2 to local street standards as
required by the City Development Department, including curbs, gutters,
sidewalks, streetlights, existing roadway section transitions to meet vertical
and horizontal alignment standards, and relocation of utilities.
8.
That the developer dedicate additional right of way for a
local street as required by the City Development Department so as to provide a
minimum of 50 feet of right of way for the extension of Street A.
9. That the
developer improve the extension of Street A to local street standards as
required by the City Development Department, including curbs, gutters,
sidewalks, streetlights, existing roadway section transitions to meet vertical
and horizontal alignment standards, and relocation of utilities.
10. That the
developer dedicate additional right of way for a local street as required by
Development Services so as to provide a minimum of 50 feet of right of way for
N. Conant Avenue.
11. That the
developer improve the extension of N. Conant Avenue
to the north to local street standards as required by the City
Development Department, including curbs, gutters, streetlights, sidewalks only
on the west side of N. Conant Avenue, existing roadway section transitions to
meet vertical and horizontal alignment standards, and relocation of utilities.
12. That the
developer design and construct all interior streets to City standards as
required by the City Development Department, including curb, gutter, storm
sewers, streetlights, and sidewalks.
13. That the
developer secure permits to construct or reconstruct existing sidewalks, curb
and gutter, storm sewers, and street lights 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, as
required by Development Services, prior to recording the plat.
14. That the
developer submit plans for grading, siltation, and erosion control to
Development Services for approval and permitting prior to beginning any
construction activities.
15. 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.
16. 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.
17. That the
developer extend sanitary sewers to ensure individual service is provided to
all proposed lots and determine adequacy as required by Development Services.
18. That the
developer extend water mains as required by Development Services.
19. That the
developer provide individual water and sanitary sewer service to each
duplex/townhome type unit as required by Development Services.
20. 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.
21. That the
developer grant a BMP Easement to the City as required by Development Services,
prior to recording the plat.
22. 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.
23. That the developer grant an Aviation Noise Easement as
required by the Aviation Department.
24. 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.
25. That the
developer pay a total of $15,764.12 in lieu of parkland dedication for 1.55
acres (1.55 acres x $10,509.41 = 15,764.12) in satisfaction of Section 66-128
of the Subdivision Regulations.
26. That the
developer submit a final plan to the City Plan Commission for approval,
including plans for grading, landscaping, screening, berming, photometric study
(showing zero foot candles at the property line,) signage, and building
elevation drawings.
27. That the
developer construct a public pedestrian trail along the east side of N. Conant
Avenue from the sidewalk on the north side of N.W. Barry Road to the northerly
property line.
28. That the
developer grant a 20 foot public pedestrian easement along the east side of N.
Conant Avenue from the sidewalk on the north side of N.W. Barry Road to the
northerly property line.
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 have been given and hearings have been held as
required by the Zoning Ordinance.
_____________________________________________
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