COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180473

Approving a development plan in District B1-1 on about a 2.2 acre tract of land generally located at the northwest corner of N. Oak Trafficway and 86th Street, to allow for the expansion of an existing school. (14661-P)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a development plan in District B1-1 (Neighborhood Business dash 1) on about a 2.2 acre tract of land generally located at the northwest corner of N. Oak Trafficway and 86th Street, and more specifically described as follows:

All of Lots 5 and 6, Gashland Heights Resurvey, a subdivision of land in Kansas City, Clay County, Missouri, except that part conveyed to the city of Kansas City in Instrument filed November 6, 1996, in Book 2619 at page 680.

is hereby approved, subject to the following conditions:

1.                  The developer shall remove the chain link fence along the south and west property lines and the fence line shall be cleared of all volunteer trees and overgrowth.

2.                  The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

3.                  The developer shall dedicate additional right of way for N.E. 86th Terrace as required by the adopted Chapter 88 so as to provide a minimum of 25 feet of right of way as measured from the centerline, and ensure right of way dedication is adequate for any proposed road improvements as required by the Public Works Department adjacent to this project.

4.                  The developer shall dedicate additional right of way for N. McGee Street as required by the adopted Chapter 88 so as to provide a minimum of 25 feet of right of way as measured from the centerline, and ensure right of way dedication is adequate for any proposed road improvements as required by the Public Works Department adjacent to this project.

5.                  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.

6.                  The developer shall enter into a Secured Deferral Agreement for the half street improvement to N. McGee Street and N.E. 86th Terrace, west of the proposed west drive entrance as required by Chapter 88, prior to issuance of a temporary or final certificate of occupancy. The Secured Deferral Agreement shall be for a period of 10 years, until further improvements occur on the property, or until street improvements occur on the opposite side of the street, whichever occurs first.

7.                  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.

8.                  The developer must pay impact fees as required by Chapter 39 of the City's Code of ordinances as required by the Land Development Division.

9.                  The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, identifying sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.

10.              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.

11.              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.

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 B. 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.

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Sarah Baxter

Assistant City Attorney