COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 210075
Rezoning an area of about 16.75
acres generally located at the southeast corner of N.E. Cookingham Drive and N.
Eastern Avenue from District B2-2 to District R-7.5 and approving a development
plan which will also serve as the preliminary plat for the Auburndale Manor
single family subdivision. (CD-CPC-2020-00161 and CD-CPC-2020-00152)
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 88-20A-1262, rezoning an area of approximately
16.75 acres generally located at the southeast corner of N.E. Cookingham Drive
and N. Eastern Avenue from District B2-2 (Neighborhood Business 2 – 2) to
District R-7.5 (Residential 7.5), said section to read as follows:
Section 88-20A-1262. That an area legally described as:
A tract of land in
the Southeast Quarter of Section 21 and the Southwest Quarter of Section 22,
all in Township 52, Range 32, Kansas City, Clay County, Missouri, described as
follows: Commencing at the southeast corner of said Southeast Quarter-Section;
thence North 0 degrees 17 minutes 59 seconds East, along the east line of said
Southeast Quarter-Section, 516.90 feet; thence North 0 degrees East, 47.23
feet to a point on the east right-of-way line of N. Eastern Avenue, said point
being the point of beginning of the tract herein described; thence North 0
degrees 26 minutes 11 seconds East (this and the following 6 courses are along
said east right-of-way line), 8.39 feet; thence North 3 degrees 52 minutes 12
seconds East, 100.18 feet; thence North 0 degrees 26 minutes 11 seconds East,
84.61 feet to a point of curve to the left; thence along said curve, having a
radius of 752.00 feet, an arc distance of 264.44 feet to a point of tangency;
thence North 19 degrees 42 minutes 43 seconds West, 347.06 feet, to a point of
curve to the right; thence along said curve, having a radius of 448.00 feet, an
arc distance of 455.24 feet to a point of tangency; thence North 38 degrees 30
minutes 34 seconds east, 124.10 feet to a point on the southwesterly
right-of-way line of Missouri Highway Route 291, as now established; thence
South 51 degrees 29 minutes 26 seconds East, along said right-of-way, 886.61
feet to a point of curve to the left; thence along said curve and along said
right-of-way, having a radius of 22,958.31 feet, an arc distance of 293.74 feet
to the most northerly corner of Auburndale Patio Homes, a subdivision of land
in said city and state; thence South 58 degrees 05 minutes 06 seconds West,
(this and the following 3 courses are along the northwesterly boundary of said
plat), 526.99 feet; thence South 24 degrees 02 minutes 03 seconds West, 212.15
feet; thence North 89 degrees 42 minutes 19 seconds West, 222.86 feet; thence
South 58 degrees 05 minutes 06 seconds West, 192.04 (189.15 plat) feet to the
point of beginning.
is hereby rezoned from District
B2-2 (Neighborhood Business 2 – 2) to District R-7.5 (Residential 7.5), all as
shown outlined on a map marked Section 88-20A-1262, 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 which will also serve as a preliminary plat for the area
legally described above is hereby approved, subject to the following
conditions:
1.
A modification is hereby granted to the minimum width of the landscaping
buffer common area tract along Cookingham Road established by Section
88-405-05-F from a minimum width of 30 feet to a minimum width of 15 feet with
the enhanced landscaping features of a berm and additional landscape plantings
per the submitted plans, pursuant to Section 88-405-25.
2.
The developer shall submit a project plan for review and approval by the
City Plan Commission for the common area tract elements intended to fulfill the
private open space requirements of the Parkland Dedication (Section 88- 408).
3.
The private open space features to satisfy the parkland dedication
requirements shall be completed prior to final acceptance of public
infrastructure for the subdivision.
4.
The developer shall show boundaries of the floodplain and if there are
any grading or constructions within the regulatory floodplain boundaries, per
Chapter 28 of Code of Ordinances, and apply for a Flood Plain Application as
may be required.
5.
The developer shall cause the area to be platted and processed in
accordance with Chapter 88, Code of Ordinances of the City of Kansas City,
Missouri.
6.
The developer shall grant a BMP and/or surface drainage easement to the
City as required by the Land Development Division, prior to recording the plat
or issuance of any building permits.
7.
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.
8.
The developer shall design and construct all interior public streets to
City standards, as required by Chapter 88 and the Land Development Division,
including curb, gutter, storm sewers, streetlights, and sidewalks.
9.
The 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.
10.
The developer shall 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.
11.
The developer shall submit construction plans in compliance with adopted
standards for all improvements required by the traffic study approved by the
Public Works Department, and shall secure permits for those improvements as
required by the Land Development Division, prior to recording the plat.
12.
The developer shall pay impact fees as required by Chapter 39 of the
City’s Code of Ordinances, as required by the Land Development Division.
13.
The developer shall submit a macro storm drainage study with the first
plat or phase, from a Missouri licensed civil engineer to the Land Development
Division showing compliance with current adopted standards in effect at the
time of submission, including water quality BMP’s, to the Land Development
Division for review and acceptance for the entire development area, and submit
micro storm drainage study with each subsequent plat or phase showing
compliance with the approved macro and adopted standards. The developer shall
secure permits to construct any improvements as necessary to mitigate impacts
from rate, volume, and quality of runoff from each proposed phase, prior to
recording the plat or prior to issuance of a building permit, whichever occurs
first, as required by the Land Development Division.
14.
The developer shall submit plans to the Land Development Division and
obtain permits to construct sidewalks along the platted frontage and construct
associated ADA ramps at the proposed entrance drives as necessary for the type
of drive approach.
15.
The developer shall secure permits to extend public 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.
16.
The developer shall integrate into the existing streetlight system any
relocated existing streetlights within the street right-of-way impacted by the
new drive or approach entrances as required by the Land Development Division,
and the relocated lights must comply with all adopted lighting standards.
17.
The developer shall ensure that water and fire service lines should meet
current Water Services Department rules and regulations.
18.
The developer shall show the water main easement on the plat.
19.
The developer shall submit water main extension drawing plans prepared
by a registered professional engineer in Missouri to the main extension desk
for review, acceptance and contracts per the Kansas City water rules and
regulations for water main extensions and relocations.
20.
Stormwater management facilities, including but not limited to detention
basins and BMPs, shall be privately maintained and covered by maintenance
covenant(s) or easement(s) that include provisions for private maintenance.
21.
Fire Department access roads shall be provided before
construction/demolition projects begin. (IFC- 2018 § 501.4 and 3310.1; NFPA
241-2013 § 7.5.5)
22.
The project will meet the fire flow requirements as set forth in
Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
23.
The developer shall submit a streetscape plan with street tree planting
plan per 88-425-03 for approval and permitting by the Parks and Recreation
Department’s Forestry Division prior to beginning work in the public right-of-way.
24.
The applicant shall submit a project plan providing details on open
space tracts to meet parkland dedication requirements prior to recording plat.
25.
The developer shall pay money in lieu of dedication of parkland in the
amount pursuant to the formula or dedicate acreage of private open space for
parkland purpose as identified in 88-408. The money in lieu is to be paid
prior to recording final plat. Money in lieu of parkland for 2020 shall be
based on the following formula: (# of units) X (3.7 persons per unit) X (0.006
acres per person)=acres of parkland required X 2020 parkland fee per acre
($48,801.37)) = Fee.
26.
At the time of final plat, the developer shall provide the trail’s
centerline length in linear feet. Revise the trail within Tract
B to 8' in width minimum if to be credited for private open space for parkland
dedication requirements.
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
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:
___________________________________
Sarah
Baxter
Assistant
City Attorney