ORDINANCE NO. 070077
Rezoning an area of approximately
36.8 acres generally located at the southwest corner of 87th Street and I-435
from Districts RA, R-1a, C-1 and M-1-p to District URD, and approving a
development plan for the same. (6743-URD-9)
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 80-11A0733, rezoning an area of approximately 36.8 acres
generally located at the southwest corner of 87th Street and I-435 from
Districts RA (Agricultural), R-1a (One-Family Dwellings, Medium Density), C-1
(Neighborhood Retail Business) and M-1-p (Light Industry, Limited District) to
District URD (Urban Redevelopment District), and approving a development plan
for the same, said section to read as follows:
Section 80-11A0733. That an area
legally described as:
A tract of land
located in the Southeast Quarter of Section 23 and in the Southwest Quarter of
Section 24, Township 48 North, Range 33 West, in Kansas City, Jackson County,
Missouri, being described as follows: Beginning at the Northeast Corner of
said Southeast Quarter of Section 23; thence S865919E,
a distance of 31.54 feet; thence S021406W,
a distance of 370.69 feet; thence S282316W,
a distance of 502.78 feet; thence N865919W,
a distance of 1128.91 feet; thence N021319E,
a distance of 825.00 feet; thence S865919E,
a distance of 1319.19 feet to the Point of Beginning; and a tract of land
located in the Northwest Quarter of the Southeast Quarter of Section 23,
Township 48 North, Range 33 West, in Kansas City, Jackson County, Missouri,
being described as follows: The east 866.59 feet of the North 620.00 feet of
the Northwest Quarter of the Southeast Quarter of Section 23, Township 48
North, Range 33 West, less that part taken for road purposes.
is hereby rezoned from Districts
RA (Agricultural), R-1a (One-Family Dwellings, Medium Density), C-1
(Neighborhood Retail Business) and M-1-p (Light Industry, Limited District) to
District URD (Urban Redevelopment District), all as shown outlined on a map marked
Section 80-11A0733, 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 Kansas City, Missouri,
commonly known as the Subdivision Regulations.
2. That the developer dedicate additional right of way for a
primary arterial as shown on the development plan so as to provide a minimum of
65 feet of right of way as measured from the centerline of 87th Street.
3. That the developer submit a macro/micro storm drainage study
to Development Services for review and acceptance for the entire development
when the first plat is submitted, and that the developer construct any
improvements as required by Development Services.
4. That the developer submit plans for grading, siltation, and
erosion control to Development Services for approval and permitting prior to
beginning any construction activities.
5. 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.
6. 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.
7. That the developer shall 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 shall be responsible for all costs associated
with subordination activities.
8. That the developer secure permits to construct new, or
reconstruct existing, sidewalks, curbs, gutters, storm sewers, and streetlights
as necessary along all development street frontages, or submit a letter from a
Missouri licensed civil engineer stating that the sidewalks, curbs, and gutters
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.
9. That the developer extend sanitary sewers to ensure
individual service is provided to all proposed lots and determine adequacy as
required by Development Services.
10. 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.
11. That the developer install hard surface roads and provide for
fire protection as required by the Fire Department prior to construction beyond
foundations.
12. That the developer relocate sewers and provide exclusive easements and extend
water mains as required by the Water Services Department.
13. That the developer obtain a floodplain certificate from
Development Services prior to beginning any construction activities within the
floodplain.
14. That adequate sight distance be provided for each drive
connection to 87th Street as required by Development Services.
15. That the limits of the 100-year floodplain and the lowest
opening or elevation or Minimum Low Opening (MLO) of any structure on each lot
that abuts a 100-year floodplain area be shown on the final plat.
16. That the developer submit covenants, conditions and
restrictions to Development Services for review by the Law Department for
approval for the maintenance of private open space and enter into a covenant
agreement for the maintenance of any stormwater detention area tracts.
17. That the developer secure the approval of the Missouri Department
of Transportation for any work within State right of way.
18. That the developer submit a final plan to the Director of City
Development for approval, including detailed information on landscaping
(including canopy shade trees within the plan boundary adjacent public street
frontages a maximum average of 80 feet on center, including along the Tract 2
frontage), signage (including elevations), lighting (including a photometric
study showing zero footcandles at the property line and no direct illumination
beyond the property line), screening per Chapter 52 parking station
requirements in the form of landscaping and/or berming, and building
elevations.
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
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