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Legislation #: 170520 Introduction Date: 7/13/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 40 acre tract of land generally located at the southwest corner of N.E. 96th Street and N. Brighton Avenue, from District R-80 to District R-7.5, and approving a preliminary plat to allow for 43 single family lots and 6 tracts. (11593-P-11 and SD 0924H)

Legislation History
DateMinutesDescription
7/13/2017 Filed by the Clerk's office
7/13/2017 Referred to Planning, Zoning & Economic Development Committee
7/19/2017 Advance and Do Pass as a Committee Substitute, Debate
7/20/2017 Passed

View Attachments
FileTypeSizeDescription
170520.pdf Authenticated 254K Authenticated
170520 Compared.docx Compared Version 27K Compared Version
170520 Staff Report.pdf Staff Report 223K Staff Report
170520 Plat.pdf Plat 2522K Plat
170520 Map.pdf Maps 1620K Section Map
170520 Fact Sheet.pdf Fact Sheet 90K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170520

 

Rezoning a 40 acre tract of land generally located at the southwest corner of N.E. 96th Street and N. Brighton Avenue, from District R-80 to District R-7.5, and approving a preliminary plat to allow for 43 single family lots and 6 tracts. (11593-P-11 and SD 0924H)

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 88-20A1109, rezoning an area of approximately 40 acres generally located at the southwest corner of N.E. 96th Street and N. Brighton Avenue, from District R-80 (Residential dash 80) to District R-7.5 (Residential dash 7.5), said section to read as follows:

 

Section 88-20A1109. That an area legally described as:

 

All of the North Half of the East Half of the Northwest Quarter of Section 5, Township 51, Range 32, Kansas City, Clay County, Missouri described as follows: Beginning at the Northeast corner of said Northwest Quarter-Section; thence South 0 degrees 21 minutes 41 seconds West, along the East line of said Quarter-Section, a distance of 1317.10 feet; thence North 89 degrees 00 minutes 08 seconds West, along the South line of the North Half of the East Half of said Quarter-Section, a distance of 1311.84 feet to the Southeast corner of Northview Eighth Plat, a subdivision of land in said City and State; thence North 0 degrees 16 minutes 16 seconds East, along the East line of said plat and the East line of Northview Sixth Plat to the Northeast corner thereof, said point also being the Northwest corner of the East Half of said Northwest Quarter-Section; thence South 89 degrees 14 minutes 15 seconds East, along the North line of said Quarter-Section, a distance of 1291.15 feet to the South Quarter Corner of Section 32, Township 52, Range 32; thence continuing along the North line of said Northwest Quarter-Section, South 89 degrees 16 minutes 37 seconds East, a distance of 22.71 feet to the point of beginning. Containing 39.61 acres, more or less. Subject to that part in N. Brighton Avenue.

 

is hereby rezoned from District R-80 (Residential dash 80) to District R-7.5 (Residential dash 7.5), all as shown outlined on a map marked Section 88-20A1109, 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 preliminary plat for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit a street tree planting plan with any final plat and secure the approval of the City Forester for street trees planted on right of way in front of residential lots.

 

2.                  The developer shall submit a Street Naming Plan to the Development Management Division prior to or in conjunction with submittal of any final plat. The street naming plan shall be approved prior to issuance of addresses for this development.

 

3.                  The developer shall submit a project plan to the City Plan Commission for approval, including detailed information on landscaping, grading, screening, berming, fencing, building elevations (pool/ cabana), lighting and signage for all private open space (POS) tracts prior to Mylar approval of this final plat. This shall also include plans for the POS lots that back up to N.E. 96th Street.

 

4.                  The developer shall post a sign at the terminus of all stub streets that states "FUTURE THROUGH STREET. TO BE CONNECTED WHEN ABUTTING PROPERTY DEVELOPS" pursuant to Chapter 88-405-10-B-6 of the Zoning and Development Code as directed by the Public Works Department, prior to Mylar approval of the plat.

 

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 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 BMPs, 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.

 

7.                  The developer shall dedicate additional right of way for N. Brighton Avenue as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 50 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.

 

8.                  The developer shall dedicate additional right of way for N.E. 96th 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, and ensure right of way dedication is adequate for any proposed road improvements as required by the Public Works Department adjacent to this project.

 

9.                  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.

 

10.              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.

 

11.              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.

 

12.              The developer shall construct temporary off-site cul-de-sacs and grant a City approved temporary cul-de-sac easement, for that portion outside of the dedicated street right-of-way, to the City as required by the Land Development Division, prior to recording the plat.

 

13.              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.

 

14.              The arterial improvements proposed on the development plans shall 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.

 

15.              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.

 

16.              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.

 

17.              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.

 

18.              The developer shall submit covenants, conditions and restrictions to the Land Development Division 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.

 

19.              The developer shall extend water mains as required by the Water Services Department.

 

20.              The developer shall provide fire protection as required by the Fire Marshal’s Office.

 

21.              The developer shall dedicate property or contribute money in lieu of parkland dedication in satisfaction of Section 88-408 of the Zoning and Development Code.

 

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:

 

 

___________________________________

M. Margaret Sheahan Moran

Deputy City Attorney