COMMITTEE SUBSTITUTE OR ORDINANCE NO. 210630
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Approving with conditions an exception request to the stream buffer setback requirements of Section 88-415, Code of Ordinances, in connection with the Twin Creeks Village Project Area 7 development, located generally along Tiffany Springs Road between Line Creek Parkway and N Platte Purchase Drive. (CLDPIR-2021-00042)
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WHEREAS, on June 3, 2021, BT Residential, LLC. (“Developer”) submitted an application for an exception to the stream buffer setback requirements to the City in accordance with Section 88-415-08-B for the property located generally along Tiffany Springs Road between Line Creek Parkway and N. Platte Purchase Drive; and
WHEREAS, the application is on file in the office of the Director of City Planning and Development showing the details of the exception requested; and
WHEREAS, the Developer believes the existing stream buffer south of the newly constructed Tiffany Springs Road and east of Line Creek Parkway in Project Area 7 is incorrectly mapped as a regulated stream; and
WHEREAS, the Developer believes that strict application of one or more stream buffer standards would result in an unnecessary hardship for the subject property and that such unnecessary hardship is unique to the subject property because the stream in Project Area 7 is incorrectly mapped and not generally applicable to other similarly situated properties; and
WHEREAS, the City Planning and Development Department has not completed its review of the stream buffer exception request and has no recommendation at this time; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the Council finds that strict application of one or more stream buffer standards would result in an unnecessary hardship for the subject property and that such unnecessary hardship is unique to the subject property because the stream in Project Area 7 is incorrectly mapped and not generally applicable to other similarly situated property. Council also finds that no measures need be put in place to protect the integrity of the stream buffer based on the incorrect mapping. Therefore, the Council grants an exception to the stream buffer setback requirements of Section 88-415, Code of Ordinances, in connection with the Twin Creeks Village Project Area 7 development, located along Tiffany Springs Road between Line Creek Parkway and N. Platte Purchase Drive, subject to the following conditions:
1. Obtain appropriate permits from Development Services for all on-site work.
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Approved as to form and legality:
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Eluard Alegre
Assistant City Attorney