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Legislation #: 090094 Introduction Date: 2/5/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: 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)

Legislation History
DateMinutesDescription
2/4/2009 Filed by the Clerk's office
2/5/2009 Referred to Planning and Zoning Committee
2/25/2009 Do Pass as a Second Committee Substitute
2/26/2009 Assigned Third Read Calendar as Substituted
3/5/2009 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
090079,80,88,89,90,91,92,93,94.pdf Advertise Notice 70K Affidavit of Publication
090094.pdf Authenticated 304K AUTHENTICATED
C006553GP5_STAFFRPT_02-17-09.doc Staff Report 101K Staff Report
Factsheet.xls Fact Sheet 77K Fact Sheet

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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