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Legislation #: 070734 Introduction Date: 9/6/2007
Type: Ordinance Effective Date: 9/30/2007
Sponsor: COUNCILMEMBER FORD
Title: Rezoning an area of approximately 9.8 acres generally located on the west side of N. Oak Trafficway, south of N.E. 54th Street from Districts R-1a, O and PD/R-5 to District PD/R-5. (7904-PD-7)

Legislation History
DateMinutesDescription
6/26/2007 Filed by the Clerk's office
9/6/2007 Referred to Planning and Zoning Committee
9/12/2007 Do Pass as a Committee Substitute
9/13/2007 Assigned Third Read Calendar as Substituted
9/20/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
070734 Affidavit of Publication.pdf Other 40K Affidavit of Publication
070734.pdf Authenticated 160K Authenticated
070734 Staff Report.doc Staff Report 63K Staff Report
070734 Fact Sheet.doc Fact Sheet 54K Fact Sheet
Adv. 090507 Ord. 070734.doc Advertise Notice 20K Advertise Notice
070734 Mailing List.pdf Plan Mailing List 65K Mail List
070734 Document Map.pdf Maps 58K Document Maps
Adv. 090507.pdf Advertise Notice 8K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070734

 

Rezoning an area of approximately 9.8 acres generally located on the west side of N. Oak Trafficway, south of N.E. 54th Street from Districts R-1a, O and PD/R-5 to District PD/R-5. (7904-PD-7)

 

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 80-11A0763, rezoning an area of approximately 9.8 acres generally located on the west side of N. Oak Trafficway, south of N.E. 54th Street from Districts R-1a (One-Family Dwellings), O (Office) and PD/R-5 (Planned District/High Apartments) to District PD/R-5 (Planned District/High Apartments), said section to read as follows:

 

Section 80-11A0763. That an area legally described as:

 

A tract of land in the Northwest Quarter of Section 35, Township 51, Range 33, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Southeast corner of the Northwest Quarter of said Section 35; thence North 8929'55" West, along the South line of said Northwest Quarter, 43.00 feet to a point on the West right of way line of North Oak Street Trafficway, as now established, said point also being the True Point of Beginning of the tract to be herein described; thence continuing North 8929'55" West, along said South line, 551.33 feet; thence North 029'22" East, 633.69 feet; thence North 8923'57" West, 9.71 feet; thence Westerly, along a curve to the left, tangent to the last described course, having a radius of 325.00 feet, a central angle of 2010'37", an arc distance of 114.45 feet; thence North 1934'31" West, 112.59 feet; thence North 0658'08" West, 24.43 feet; thence South 8929'58" East, 1.60 feet; thence South 028'06" West, 0.92 feet; thence South 8929'55" East, 713.90 feet to a point on the West line of the aforementioned North Oak Street Trafficway; thence South 031'48" West, along said West right of way line, 743.00 feet to the True Point of Beginning. Containing 9.80 acres more or less.

 

is hereby rezoned from Districts R-1a (One-Family Dwellings), O (Office) and PD/R-5 (Planned District/High Apartments) to District PD/R-5 (Planned District/High Apartments), all as shown outlined on a map marked Section 80-11A0763, 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 an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance with the final plat application and make necessary improvements as required by Development Services.

 

3. That the developer dedicate additional right of way for primary arterial with a bike lane as required by Development Services so as to provide a minimum of 56 feet of right of way as measured from the centerline of N. Oak Trafficway.

 

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 repair existing or reconstruct, sidewalks, curbs, gutters 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.

 

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

 

8. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

9. 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.

 

10. That the developer relocate and extend water mains as required by Water Services

 

11. That the developer grant a BMP Easement to the City as required by Development Services.

 

12. 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.

 

13. That the developer submit a final plan to the City Plan Commission for approval including plans for landscaping, grading, signage, screening, berming, fencing, and lighting, showing zero footcandles at the property line and building elevation drawings.

 

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