File #: 210567    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/17/2021 In control: Council
On agenda: 7/1/2021 Final action: 7/1/2021
Title: Rezoning an approximately 24.5 acre tract of land generally located on the east side of N.E. Reinking Road between N.E. 113th Terrace on the north and N.E. 108th Street on the south (11201 N.E. Reinking Road) from District R-80 to District R-7.5 and approving a Development Plan that serves as a preliminary plat in order to create 47 single family residential lots and 7 tracts (CD-CPC-2021-00064 and CD-CPC-2021-00066).
Sponsors: Heather Hall, Kevin O'Neill
Attachments: 1. Authenticated Ordinance 210567, 2. Fact Sheet, 3. Staff Report, 4. Exhibit A, 5. Legal Description, 6. Plan Set, 7. PPT, 8. REZONING_ORDREQ

ORDINANCE NO. 210567

 

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Rezoning an approximately 24.5 acre tract of land generally located on the east side of N.E. Reinking Road between N.E. 113th Terrace on the north and N.E. 108th Street on the south (11201 N.E. Reinking Road) from District R-80 to District R-7.5 and approving a Development Plan that serves as a preliminary plat in order to create 47 single family residential lots and 7 tracts (CD-CPC-2021-00064 and CD-CPC-2021-00066).

 

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                     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-1286, rezoning an approximately 24.5 acre tract of land generally located on the east side of N.E. Reinking Road between N.E. 113th Terrace on the north and N.E. 108th Street on the south (11201 N.E. Reinking Road) from R-80 (Residential 80) to R-7.5 (Residential 7.5),  said section to read as follows: 

 

Section 88-20A-1286.  That an area legally described as:

 

All that part of the Southeast Quarter of Section 21, Township 52 North, Range 32 West, in Kansas City, Clay County, Missouri, described as follows: Commencing at the Southeast corner of said Southeast Quarter; thence N89°18'52"W along the South line of said Southeast Quarter, a distance of 1647.99 feet to the point of beginning of the tract of land to be herein described; thence N00°21'57"E, along a line parallel to the East right of way line of NE. Reinking Road, a distance of 300 feet; thence N89°18'52"W, along a line parallel with the South line of said Southeast Quarter, a distance of 575.00 feet to a point on the East right of way line of said NE. Reinking Road; thence N00°21'57"E along said line, a distance of 506.00 feet; thence S89°18'52"E, along a line parallel with the South line of said Southeast Quarter, a distance of 1537.99 feet; thence S00°21'57"W, along a line parallel with the East right of way line of said NE. Reinking Road, a distance of 806.00 feet to a point on the South line of said Southeast Quarter; thence N89°18'52"W, along said line, a distance of 962.99 feet to the point of beginning.

 

is hereby rezoned from District R-80 (Residential 80) to District R-7.5 (Residential 7.5), all as shown outlined on a map marked Section 88-20A-1286, 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 for the area legally described above is hereby approved, subject to the following conditions:

 

1.                     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 submitting for permitting. 

2.                     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, prior to issuance of any construction permits within said right-of-way, and that the developer shall be responsible for all costs associated with subordination activities now and in the future. 

3.                     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. 

4.                     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. 

5.                     The developer shall improve the east half of North Reinking Road to City standards as required by Chapter 88, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the roads, and obtain required permits from the Land Development Division for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

6.                     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. 

7.                     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. 

8.                     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. 

9.                     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 a 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.

10.                     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. 

11.                     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.

12.                     After the City Plan Commission enters into 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.

13.                     The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that street trees have been installed in accordance with the approved street tree planting plan and are healthy prior to a certificate of occupancy. 

14.                     All proposed signage shall comply with 88-445 and are subject to permits. 

15.                     Sidewalks shall be provided on both sides of proposed streets in accordance with the Department of Public Works' Standards, Specifications, and Design Criteria. 

16.                     Fire Department access roads shall be provided prior to construction/demolition projects begin.  (IFC-2018 § 501.4 and 3310.1; NFPA 241-2013 § 7.5.5)

17.                     Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities.  Weight of 85,000 lbs per. (IFC-2018 503.2.3).

18.                     The turning radius for fire department access roads is 30 feet inside and 50 feet outside radius.  (IFC-2018; § 503.2.4)

19.                     Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC).  (IFC2018 § 507.5.1.1)

20.                     Fire hydrant distribution shall follow IFC-2018 Table C102.1.

21.                     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.

22.                     The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations.

23.                     The developer must submit water main extension drawings 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.

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.

 

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                     _____________________________________________

 

                     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