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Legislation #: 031306 Introduction Date: 11/25/2003
Type: Ordinance Effective Date: 12/28/2003
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0530, rezoning an area of approximately 9.36 acres generally located on the north side of N.W. Barry Road, approximately 500 feet west of Carson Avenue (10400 N.W. Barry Road) from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-6 (Low Density Residential Uses), and approving a development plan for the same. (11029-GP-5)

Legislation History
DateMinutesDescription
11/25/2003

Prepare to Introduce

11/25/2003

Referred Planning, Zoning & Economic Development Committee

12/17/2003

Advance and Do Pass

12/18/2003

Passed


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ORDINANCE NO. 031306

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0530, rezoning an area of approximately 9.36 acres generally located on the north side of N.W. Barry Road, approximately 500 feet west of Carson Avenue (10400 N.W. Barry Road) from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-6 (Low Density Residential Uses), and approving a development plan for the same. (11029-GP-5)

 

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 80-11A0530, rezoning an area of approximately 9.36 acres generally located on the north side of N.W. Barry Road, approximately 500 feet west of Carson Avenue (10400 N.W. Barry Road) from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-6 (Low Density Residential Uses) said section to read as follows:

 

Section 80-11A0530. That an area legally described as:

 

A tract of land in the South 1/2 of the Northeast 1/4 of Section 10, Township 31, Range 34, Kansas City, Platte County, Missouri, described as follows: Commencing at the southeast corner of said Northeast 1/4; thence North 89 degrees 44 minutes 44 seconds West, along the south line of said Northeast 1/4, 916.67 feet to the intersection of the southerly prolongation of the westerly line of Wildwood West First Plat, a subdivision ins aid Kansas City, Platte County, Missouri, said point also being the point of beginning of the tract to be described herein; thence North 89 degrees 44 minutes 44 seconds West, continuing along said south line, 660.13 feet; thence North 00 degrees 09 minutes 09 seconds East, parallel with the east line of said Northeast 1/4, 660.00 feet; thence South 89 degrees 44 minutes 44 seconds East, parallel with the south line of said northeast 334.00 feet; thence North 00 degrees 09 minutes 09 seconds East, parallel with the east line of said Northeast 1/4, 126.71 feet to the westerly line of said Wildwood West First Plat; thence South 89 degrees 39 minutes 15 seconds East along said line, 10.23 feet; thence South 39 degrees 00 minutes 00 seconds East continuing along said line, 159.00 feet; thence South 89 degrees 45 minutes 39 seconds East, continuing along said line 111.87 feet; thence South 32 degrees 00 minutes 00 seconds east continuing along said line 190.50 feet; thence South 00 degrees 02 minutes 15 seconds East continuing along said line and its southerly prolongation, 502.50 feet to the point of beginning. Except that portion on the south being used for public right of way of N.W. Barry Road as shown on Certificate of Survey filed March 4, 1993 as Document No. 2717 in Cabinet 8 at Sleeve 182. Also, all of Tract B, Block 3, Wildwood West First Plat, a subdivision in Kansas City, Platte County, Missouri.

 


is hereby rezoned from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-6 (Low Density Residential Uses) all as shown outlined on a map marked Section 80-11A0530, 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 the area legally described above 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, as amended, commonly known as the Subdivision Regulations.

 

2. That the developer submit a micro/macro storm drainage study for the entire development to the City Engineers Office for approval, prior to approval of the final plat, and that the developer make any necessary improvements as required by the City Engineers Office.

3. That the developer extend and relocate water mains as required by the Water Services Department.

 

4. That the developer extend sanitary sewers and/or storm sewer to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

 

5. That the developer dedicate additional right of way for N.W. Barry Road as required by the Department of Public Works so as to provide a total of 50 feet of right of way as measured from the centerline of 107th Street.

 

6. That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including construction of curb, gutter, storm sewers and sidewalks and installation of streetlights.

 

7. That the developer obtain the grading consents, and all grading, temporary construction and drainage easements from the abutting property owner prior to submitting any public improvements.

 

8. That the developer subordinate all private interest in the area of any right of way dedication as required by the Department of Public Works and that the developer shall be responsible for all costs associated with the subordination activities.

 

9. That the developer integrate into the existing street light system any relocated streetlights as required by the City Engineers Office.

 

10. That the developer repair N. W. Barry Road where the existing driveway is removed as required by the Department of Public Works and that the developer obtain a permit by the Department of Public Works prior to commencing such repair work.

 

11. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to the commencement of any construction activities.

 

12. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

13. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources if the disturbed area for the entire development exceeds five acres.

 

14. That the developer show the limits of the 100-year floodplain on the final plat.

 

15. That the developer show, on the final plat, the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area.

 

16. That the developer obtain a floodplain certificate from the Department of Codes Administration prior to beginning any construction activities within the floodplain.

 

17. That the developer grant a noise and aviation easement to the City as required by the Department of Public Works.

 

18. That the developer contribute $1,769.86 in lieu of parkland dedication for 7 single-family units (7 x 3.7 x 0.006 x $11,389.05) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

19. That the developer submit a street tree planting plan with the final plat to the City Forest for approval with spacing, species and size of streets trees to be approved by the City Forester.

 

20. That the developer submit, with the final plat, covenants, conditions and restrictions to the Law Department for approval for the private open space, and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

21. That the developer obtain demolition permits for all existing structures to be demolished prior to any such demolition.

 

22. That the 3:1 depth to width ratio per Section 66-124 be waived for Lots 2 and 8.

A copy of said development plan is on file in the office of the City Clerk under Document No. 031306, which is attached hereto and 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