SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 091073
Rezoning an area of approximately
5.68 acres generally located at the Northeast quadrant of Missouri Route 92 and
N. Winan Road from District GP-7 to District GP-6, and zoning 316.59 acres of
newly annexed property in that same general location to District GP-6, and
approving a development plan. (14064-GP)
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 80-11A0863, rezoning an area of approximately 5.68 acres
generally located at the Northeast quadrant of Missouri Route 92 and N. Winan
Road from District GP-7 (Agricultural and Low Density Residential) to District GP-6
(Low Density Residential), and zoning 316.59 acres of newly annexed property in
that same general location to District G-6 (Low Density Residential); the two
separate areas are specifically described as follows:
Section 80-11A0863. That an area legally described as:
All that part of Section 35 and the East one-half of
Section 34, Township 53, Range 34, all being in Platte County, Missouri, being
described as follows: Beginning at a point on the Northerly City Limit line of
the City of Kansas City, Missouri, also being a point on the boundary of
Unincorporated Platte County, said Point being North 00 degrees 52 minutes 02
seconds East, along the West line of the Southwest Quarter of said Section 53,
a distance of 180.01 feet from the Southwest corner of the Southwest Quarter of
said Section 35, thence South 89 degrees 50 minutes 34 seconds East, along the
Northerly line of City of Kansas City (City limit line) also being a point on
the boundary of Unincorporated Platte County, a distance of 2111.80 feet to a
point on the Northerly Right-of-Way line of Missouri State Highway #92; thence
Southwesterly along a curve to the right, having an initial tangent bearing of
South 65 degrees 38 minutes 20 seconds West, having a radius of 1392.34 feet,
an arc distance of 589.07 feet; thence continuing along the Northerly
Right-of-Way line of said Missouri State Highway #92, South 89 degrees 52
minutes 47 seconds West, a distance of 1542.41 feet to a point on the West line
of Southwest Quarter of said Section 53; thence North 00 degrees 52 minutes 02
seconds East, along the West line of the Southwest Quarter of said Section 35,
a distance of 133.01 feet to the Point of Beginning. Said tract contains 5.68
acres, more or less.
is hereby rezoned from District
GP-7 (Agricultural and Low Density Residential) to District GP-6 (Low Density
Residential), and a newly annexed area legally described as:
All that part of Section 35 and the East one-half of
Section 34, Township 53, Range 34all being in Platte County, Missouri, being
described as follows: Beginning at the Northeast corner of the South one-half
of the Northwest Quarter of said Section 35, also being the Northwest Corner of
the Southwest Quarter of the Northeast Quarter of said Section 35; thence South
89 degrees 49 minutes 04 seconds East along the North line of the Southwest
Quarter of the Northeast Quarter of said Section 35, a distance of 1323.31 feet
to the Northeast Corner of the Southwest Quarter of the Northeast Quarter of
said Section 35; thence South 00 degrees 34 minutes 10 seconds West along the
East line of the Southwest Quarter of the Northeast Quarter of said Section 35,
a distance of 1317.65 feet to the Southeast Corner of the Southwest Quarter of
the Northeast Quarter of said Section 35; thence South 00 degrees 41 minutes 12
seconds West along the East line of the Northwest Quarter of the Southeast
Quarter of said Section 35, a distance of 1016.71 feet to the Northerly
Right-of-Way line of Missouri State Highway #92; thence South 51 degrees 56
minutes 47 seconds West along said Right-of-Way line, a distance of 2033.10
feet; thence continuing along said Right-of-Way line, Southwesterly along a
curve to the right, being tangent to the last described course having a radius
of 1392.34 feet, an arc distance of 332.74 feet to a point on the Platte
County-Kansas City City Limit Line; thence North 89 degrees 50 minutes 34
seconds West, along said Platte County-Kansas City City Limit Line and running
180.00 feet North of and parallel to the South Line of the Southwest Quarter of
said Section 35, a distance of 2154.69 feet to a point 30.00 feet West of the
centerline of N. Winan Road and 42.89 feet West of the West line of the
Southwest Quarter of said Section 35; thence North 01 degrees 18 minutes 10
seconds East and running 30.00 feet West of and parallel to the centerline of
said N. Winan Road, a distance of 1695.97 feet to a point lying 30.00 feet West
of the West line of the Southwest Quarter of said Section 35; thence North 00
degrees 52 minutes 02 seconds East and running 30.00 feet West of and parallel
to the West line of the Southwest Quarter of said Section 35 and along the
Easterly line of Lots 1 and 2, WILLARD EDWARDS FARMS, a subdivision of land in
Platte County, Missouri and its Southerly prolongation thereof, a distance of
754.12 feet to the Northeast corner of said Lot 1, also being the Southeast
corner of Lot 2, SUNFLOWER ESTATES, a subdivision of land in Platte County,
Missouri; thence North 00 degrees 51 minutes 35 seconds East and running 30.00
feet West of and parallel to the West line of the Northwest Quarter of said
Section 35, along the Easterly line of Lots 1 and 2 of said SUNFLOWER ESTATES,
and its Northerly prolongation thereof, a distance of 1316.12 feet to a point
lying 30.00 feet West of the Northwest corner of the South one-half of the
Northwest Quarter of said Section 35; thence South 89 degrees 49 minutes 57
seconds East, along the North line of the South one-half of the Northwest
Quarter of said Section 35 and its Westerly prolongation thereof, a distance of
2671.80 feet to the Point of Beginning. Said tract contains 316.59 Acres more
or less.
is hereby zoned District G-6 (Low
Density Residential), all as shown outlined on a map marked Section 80-11A0863,
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 657 residential lots in the combined area of the two
above-described areas 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 development to Development Services for review and acceptance at the
time the first plat is submitted, with a micro "detailed" storm
drainage study, including a BMP level of service analysis, to be submitted for
each phase at the time of final platting, and that the developer secure permits
to construct any improvements as required by Development Services prior to
recording the plat.
3. That the
developer dedicate additional right of way for a secondary arterial as required
by Development Services so as to provide a minimum of 40 feet of right of way
as measured from the centerline of N. Winan Avenue.
4. That the
developer design and construct all interior streets to City standards, as
required by Development Services, including curb, gutter, storm sewers, streetlights,
and sidewalks, with exceptions to the standards noted on the typical details
included with the approved development plan.
5. That the
arterial improvements proposed on the development plans be reviewed and
accepted by the Transportation Development Committee and the Impact Fee
District Committee before an application for impact fee credits will be
accepted.
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 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
now and in the future.
8. That after the
City Plan Commission enters its disposition for the development plan, the
developer shall not enter into any agreement that would encumber or otherwise
have any impact on the proposed right-of-way dedications within the planned boundary
without the prior written consent of Development Services.
9. That the
developer construct temporary off-site cul-de-sacs as required by Development
Services.
10. 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.
11. 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, prior to recording the plat.
12. 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, prior to recording the plat.
13. That the
developer note on the preliminary and final plats that the development is
served by the Platte County Regional Sewer District. Permitting, operation,
and maintenance of the sanitary sewer system is the responsibility of the
Platte County Regional Sewer District.
14. That the
developer secure permits to provide a storm water conveyance system to serve
all proposed lots within the development and determine adequacy as required by
Development Services, prior to recording the plat.
15. That access
restrictions be provided to prohibit direct vehicular access to N. Winan Avenue
and/or M-92 Highway from all lots or units and that the restriction be placed
on the final plat.
16. That the
developer grant a Noise and Aviation Easement to the City as required by
Development Services, prior to recording the plat.
17. That the
developer grant a Surface Drainage Easement to the City as required by
Development Services, on the final plat.
18. That the
developer grant a BMP Easement to the City, as required by Development
Services, on the final plat.
19. That the
developer submit a final stream buffer plan, prepared in accordance with
Chapter 65, for review and acceptance by Development Services, with the final
plat application.
20. That the final
stream buffer zones be shown and labeled on the final plat within a private
open space tract.
21. That the
developer submit covenants, conditions and restrictions to Development Services
for approval by the Law Department and enter into covenant agreements for the
maintenance of any private open space tracts with stream buffer zones or
stormwater detention area tracts, prior to recording the plat.
22. That the
developer verify the acceptance by the Platte County Regional Sewer District of
the use of the Pump Station/Force Main and gravity system to convey sewage to
treatment plant prior to council introduction of the ordinance to approve the
development plan.
23. That the
developer submit a street tree planting plan as part of the final plat with a
copy to be submitted to the Department of City Development, secure the approval
of the City Forester for street trees planted on right of way in front of
residential lots, and plant the street trees in conformance with the plan
approved by the City Forester. The plan shall include size, type, species and
placement of trees.
24. That the
developer construct hard surface all-weather roads and provide for fire
protection as required by the Fire Department prior to construction beyond
footings and foundations.
25. That the
developer obtain permission from MoDOT to work in the state right of way and
construct improvements as shown in the plan according to MoDOT requirements.
26. That the
developer provide for the de-annexation from the Platte County Public Water
Supply District #4 as soon as reasonably possible after annexation of the land
into Kansas City and provide exclusive water main easements, relocate and
extend water mains as required by the KCMO Water Services Department at the
time of final plats.
27. That the
developer widen N. Winan Avenue along the property frontage where necessary so
as to provide a minimum pavement width of 22 feet between Missouri Route 92 and
the northern most entrance of each phase of the development as required by the
Department of Public Works.
28. That the
developer provide adequate intersection sight distance at all development
entrance intersections along N. Winan Avenue as required by the Department of
Public Works.
29. That the
developer improve the vertical alignment of N. Winan Avenue between N.W. 132nd
Street and MO-92 Highway so as to provide at least the minimum stopping sight
distance in accordance with secondary arterial street design standards (design
speed of 40 miles per hour) as required by the Department of Public Works.
30. That the
developer extend the culvert and widen the pavement of N. Interurban Avenue at
the existing one-lane culvert road crossing located approximately 2900 feet
south of MO-92 Highway so as to provide a minimum pavement width of 22 feet
plus suitable lateral clearance plus guardrails on each side of the pavement as
required by the Department of Public Works.
31. That the
developer provide turn lanes at the Missouri Route 92 and N. Winan Road
intersection as required by the Missouri Department of Transportation.
32. That the
developer provide a right turn lane at the Missouri Route 92 and Interurban
Road as required by the Missouri Department of Transportation after 300 homes
are constructed.
33. That the
developer dedicate an additional 100 feet of right of way along the north side
and along the entire width of the project of Missouri Route 92 for a total
ultimate right of width of 140 feet as measured from the centerline of Missouri
Route 92 as required by the Missouri Department of Transportation.
34. That the
developer widen the Missouri Route 92 cross section to a total of three lanes
(two way left turn lane, TWLTL) from N. Winan Road to just east of the
development's east access as required by the Missouri Department of
Transportation.
35. That the
developer provide for basic intersection lighting at the Missouri Route 92 and
N. Winan Road and the two proposed entrances on Missouri Route 92 as shown on
the development plan, as required by the Missouri Department of
Transportation.
36. That the
developer construct no structure which exceeds the Kansas City International
Airport height zoning restrictions.
37. That the
developer enter into a Fair Disclosure Agreement to provide disclosure at the
time of any real estate transaction.
38. That the
developer submit a final plan to the City Plan Commission for approval which
includes detailed information on landscaping, fences or walls along Missouri
Route 92, signage and architectural features, the private open space areas for
parkland dedication, as shown on the development plan.
39. Prior to the
recording of the final plat, the City and developer will enter into a
cooperative agreement memorializing that the developer and its successor, the
homeowners’ association, at their own expense, will provide snow removal and
solid waste and recycling services on behalf of the City.
40. That the
developer shall include a notice in the covenants, conditions, and restrictions
that the developer or successor homes association will be responsible for
provide solid waste and recycling services and snow removal, and that all homes
built in the development must contain sprinkler systems.
41. That the
developer enter into a Disclosure Agreement to provide a disclosure for any
real estate transaction as required by the City Development Department
regarding noise, proximity to quarrying operations, garbage collection,
recycling, snow removal service, and the sprinkler system requirement.
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