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Legislation #: 140480 Introduction Date: 6/12/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER DAVIS
Title: Rezoning an approximately 119 acre tract of land generally located south of N.E. 108th Street and east of future Shoal Creek Parkway from Districts R-80 and R-7.5 to District R-7.5 and approving a development plan which will serve as a preliminary plat. (14471-P)

Legislation History
DateMinutesDescription
6/12/2014 Filed by the Clerk's office
6/12/2014 Referred to Planning, Zoning & Economic Development Committee
6/18/2014 Hold On Agenda (7/9/2014)
7/9/2014 Hold On Agenda (7/23/2014)
7/23/2014 Hold On Agenda (8/13/2014)
8/13/2014 Hold On Agenda (8/27/2014)
8/27/2014 Hold On Agenda (9/3/2014)
9/3/2014 Advance and Do Pass as Second Committee Substitute, Debate
9/4/2014 Passed

View Attachments
FileTypeSizeDescription
140480.pdf Authenticated 491K Authenticated
140480 Staff Report.pdf Staff Report 504K Staff Report
140480 Fact Sheet.pdf Fact Sheet 501K Fact Sheet

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140480

 

Rezoning an approximately 119 acre tract of land generally located south of N.E. 108th Street and east of future Shoal Creek Parkway from Districts R-80 and R-7.5 to District R-7.5 and approving a development plan which will serve as a preliminary plat. (14471-P)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A0960, rezoning an approximately 119 acre tract of land generally located south of N.E. 108th Street and east of future Shoal Creek Parkway from Districts R-80 (Residential – 80) and R-7.5 (Residential - 7.5) to District R-7.5 (Residential - 7.5), said section to read as follows:

 

Section 88-20A0960. That an area legally described as:

 

A tract of land located in Sections 29, 30 and 31, all in Township 52 North, Range 32 West, in Kansas City, Clay County, Missouri, being more particularly described as follows: Beginning at the Southeast corner of the West half of the Southeast Quarter of said Section 30; thence North 89 degrees 42 minutes 18 seconds West along the South line of said Section 30, a distance of 178.60 feet to a point on the Southwesterly Right-of-Way line of proposed Shoal Creek Parkway; thence the following courses and distances along the Southwesterly Right-of-Way line of said proposed Shoal Creek Parkway; thence Northwesterly along a curve to the right, having an initial tangent bearing of North 31 degrees 04 minutes 01 seconds West, a radius of 1600.00 feet and a central angle of 06 degrees 33 minutes 04 seconds, and an arc length of 182.94 feet; thence North 24 degrees 31 minutes 04 seconds West tangent to the last described curve, a distance of 708.07 feet; thence along a curve to the left, tangent to the last described course having a radius of 1500.00 feet and central angle of 33 degrees 45 minutes 10 seconds, an arc distance of 883.64 feet; thence North 31 degrees 43 minutes 46 seconds East along a radial line to the last described curve and no longer along said proposed Southwesterly Right-of-Way line, a distance of 200.00 feet to the point of intersection with the Northeasterly Right-of-Way line of said proposed Shoal Creek Parkway with the Southeasterly Right-of-Way line of proposed N.E. 108th Street; thence North 30 degrees 02 minutes 39 seconds East along the Southeasterly Right-of-Way line of said proposed N.E. 108th Street, a distance of 24.80 feet; thence along a curve to the right, being tangent to the last described course, having a radius of 1850.00 feet and central angle of 24 degrees 55 minutes 53 seconds, an arc distance of 805.00 feet; thence North 35 degrees 01 minutes 27 seconds West along a radial line to the last described curve and no longer along said proposed Southeasterly Right-of-Way line, a distance of 100.00 feet to a point on the Northwesterly Right-of-Way line of said proposed N.E. 108th Street; thence the following courses and distances along the Northwesterly and Northerly Right-of-Way line of said proposed NE 108th Street; thence Northwesterly and Easterly along a curve to the right, having an initial tangent bearing of North 54 degrees 58 minutes 32 seconds East, a radius of 1950.00 feet and a Central angle of 35 degrees 21 minutes 25 seconds, an arc length of 1203.34 feet to a point 50.00 feet North of the South line of the Southeast Quarter of the Northeast Quarter of said Section 30; thence South 89 degrees 40 minutes 02 seconds East, tangent to the last described curve, along a line 50.0 feet North of and parallel with the South line of said Quarter, Quarter Section, a distance of 723.63 feet to a point on the East line of the Northeast Quarter of said Section 30, being also a point on the West line of the Northwest Quarter of said Section 29; thence South 89 degrees 41 minutes 58 seconds East, along a line 50.00 feet North of and parallel with the South line of the Northwest Quarter of said Section 29, a distance of 50.00 feet; thence South 00 degrees 29 minutes 56 seconds West, parallel with the West line of the Northwest Quarter of said Section 29 and no longer along the Northerly Right-of-Way line of said proposed N.E. 108th Street, a distance of 50.00 feet to a point on the South line of said Northwest Quarter, said point being also on the North line of the Southwest Quarter of said Section 29; thence continuing South 00 degrees 29 minutes 56 seconds West, parallel with the West line of the Southwest Quarter, a distance of 943.94 feet to a point, said point being 2257.86 feet South of the North line of the South Half of the Northwest Quarter of said Section 29, as measured perpendicular to the Northerly line thereof, said point being also on the South line of a parcel of land described in the Warranty Deed filed September 17, 1940, recorded in Book 343 at Page 367 in the office of the Recorder of Deeds for said County, and State, thence North 89 degrees 32 minutes 00 seconds West along a line that is 2257.86 feet South of and parallel with the North line of the South half of the Northwest Quarter of said Section 29, being also along the South line of the parcel of land as described in said Warranty Deed, a distance of 50.00 feet to a point on the West line of the Southwest Quarter of said Section 29, being also a point on the East line of the Southeast Quarter of said Section 30; thence South 00 degrees 29 minutes 56 seconds West along said East line, a distance of 16.48 feet; thence South 89 degrees 11 minutes 17 seconds East a distance of 76.89 feet, to the Northwest corner of Pine Grove Limited 1st Plat, a subdivision of Kansas City, Clay County, Missouri; thence the following courses and distance along the Westerly line of said Pine Grove Limited 1st Plat, thence South 00 degrees 29 minutes 556 seconds West, a distance of 858.42 feet; thence South 23 degrees 32 minutes 37 seconds West, a distance of 240.41 feet; thence North 66 degrees 27 minutes 23 seconds West, a distance of 100.19 feet; thence South 23 degrees 32 minutes 37 seconds West, a distance of 165.00 feet; thence South 43 degrees 23 minutes 27 seconds West, a distance of 463.84 feet; thence South 20 degrees 17 minutes 31 seconds West, a distance of 223.30 feet to the Southwest corner of said Pine Grove Limited 1st Plat; thence continuing South 20 degrees 17 minutes 31 seconds West, a distance of 172.51 feet; thence North 89 degrees 42 minutes 57 seconds West, a distance of 673.71 feet to a point on the West line of the Northeast Quarter of the Northeast Quarter of said Section 31; thence North 00 degrees 19 minutes 13 seconds East along said West line of said Northeast Quarter of said Northeast Quarter, a distance of 235.00 feet to the Point of Beginning.

 

is hereby rezoned from Districts R-80 (Residential – 80) and R-7.5 (Residential - 7.5) to District R-7.5 (Residential - 7.5) all as shown outlined on a map marked Section 88-20A0960, 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 in accordance with Section 88-20 thereof.

Section B. That a development plan is hereby approved for the above-described property (which also serves as a preliminary plat) to allow for a residential development containing 167 single family lots and 12 tracts, subject to the following conditions:

1.                  That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

2. The developer submit a macro/micro storm drainage study, including a BMP level of service analysis and the downstream capacity analyses, to the Land Development Division for review and acceptance for the entire development when the first plat infrastructure improvements are submitted, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

3. That the developer dedicate additional right of way by separate deed or by plat for N.E. 108th Street as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 40 feet of right of way as measured from the centerline of N.E. 108th Street.

 

4. That the developer design and construct all interior public streets to City standards, as required by the Land Development Division, including curb and gutter, storm sewers, streetlights, and sidewalks.

 

5. That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

6. That the developer obtain the executed and recorded grading consents and all 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.

 

7. That the developer 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 that the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

8. That the developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

9. That the developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

10. That the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit whichever occurs first.

 

11. That a final stream buffer plan be submitted and approved prior to issuance of any building permits and prior to removal of any mature riparian species within the buffer zones due to building activities on the site, in accordance with the Section 88-415 requirements.

 

12. That the developer show the limits of the 100-year floodplain on the final plat, as required by the Land Development Division.

 

13. That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on any plat and plan, as required by the Land Development Division.

 

14. That the developer grant on City approved forms, BMP, surface drainage and Stream Buffer Easements (submit the executed and recorded BMP, surface drainage and Stream Buffer Easements) to the City, as required by Chapter 88 and the Land Development Division, prior to recording the plat or issuance of a building permit whichever occurs first.

 

15. That the developer show and label the final stream buffer zones on the subdivision plat within a private open space tract (or stream buffer easement), as required by the Land Development Division.

 

16. That the developer submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, prior to recording the plat.

 

17. 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 for the planned project without the prior written consent of the Land Development Division.

 

18. That the developer construct or relocate water mains as required by the Water Services Department.

 

19. That the developer provide fire protection as required by the Fire Marshal’s Office.

 

20. That the developer dedicate the entire right-of-way for Shoal Creek Parkway, as shown on the approved development plan, as required by the Board of Parks and Recreation Commission, on the first final plat for the project.

 

21.  That the developer reserve the entire right-of-way for Pine Grove Drive, as shown on the approved development plan as required by the Land Development Division.

 

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 and Development Code have been given and had.

 

_________________________________________________

 

I hereby certify that as required by Chapter 88, 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 Moan

Assistant City Attorney