ORDINANCE NO. 250343
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Sponsor: Director of City Planning and Development Department
Rezoning an area of about 77 acres generally located at the southwest corner of North Platte Purchase Drive and N.W. 108th Street from District R-7.5 to District R-6 and approving a development plan to allow for residential development. (CD-CPC-2024-00194 and CD-CPC-2024-00195)
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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-1478, rezoning an area of about 77 acres generally located at the southwest corner of North Platte Purchase Drive and N.W. 108th Street from District R-7.5 (Residential) to District R-6 (Residential) and approving a development plan to allow for residential development, said section to read as follows:
Section 88-20A-1478. That an area legally described as:
A tract of land in the Southeast Quarter of Section 28, Township 52 North, Range 33 West and the Southwest Quarter of Section 27, Township 52 North, Range 33 West in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the southeast corner of said Southeast Quarter of Section 28; thence South 89°25'47” West, along the south line of said Southeast Quarter of Section 28, a distance of 1323.61 feet; thence North 00°24'56” East, a distance of 2637.87 feet to a point on the north line of said Southeast Quarter of Section 28; thence North 89°21'12” East, along the north line of said Southeast Quarter of Section 28, a distance of 1132.22 feet; thence South 00°38'53” East, a distance of 22.50 feet; thence North 89°21'12” East, a distance of 196.35 feet to a point on the east line of said Southeast Quarter of Section 28; thence South 00°31'57” West, along the east line of said Southeast Quarter of Section 28, a distance of 34.00 feet; thence North 89°21'23” East, a distance of 88.84 feet; thence South 21°55'20” West, a distance of 48.42 feet to a point on the westerly right-of-way line of N. Platte Purchase Drive; thence South 17°36'07” West, along said westerly right-of-way line, a distance of 43.66 feet; thence continuing along said right-of-way line, southwesterly along a curve to the right being tangent to the previously described course having a radius of 685.00 feet, an arc distance of 125.55 feet; thence continuing along said right-of-way line, along a reverse curve to the left having a radius of 765.00 feet, an arc distance of 368.14 feet; thence continuing along said right-of-way line, South 00°31'57” West, a distance of 455.19 feet; thence South 89°28'03” East, a distance of 40.00 feet to a point on the east line of said Southeast Quarter of Section 28; thence South 00°31'57” West, along the east line of said Southeast Quarter of Section 28, a distance of 1573.31 feet to the point of beginning.
is hereby rezoned from District R-7.5 (Residential) to District R-6 (Residential), all as shown outlined on a map marked Section 88-20A-1478, 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 be responsible for tree preservation in an easement or platted tract, mitigation planting, or payment of cash-in-lieu of preservation or mitigation planting, or any combination thereof in accordance with 88-424. Should the developer choose to pay cash-in-lieu of preservation or mitigation of all or a portion of the required area, the amount due shall be based upon the rate specified in 88-424. This requirement shall be satisfied prior to issuance of a certificate of occupancy, or prior to the recording of the final plat, whichever occurs first.
2. The developer shall submit an affidavit, completed by an ISA certified arborist, an SAF certified forester, a professional engineer, or a landscape architect licensed in the State of Missouri, verifying that all trees preserved and all trees planted to meet mitigation required of the approved plan, whichever is applicable, has been installed or preserved in accordance with the plan and is healthy prior to a certificate of occupancy.
3. Prior to recording of each final plat the developer shall secure approval of a project plan from the City Plan Commission for each private open space tract.
4. Prior to submitting the first final plat, the developer shall submit a streeting naming plan for the entire project for approval by the Street Naming Committee.
5. Prior to recording the final plat the developer shall upload and secure approval of a street tree planting plan from the City Forester.
6. 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.
7. Prior to issuance of the certificate of occupancy for each lot within the plat 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.
8. All signage shall conform to 88-445 and shall require a sign permit prior to installation.
9. Prior to issuance of the certificate of occupancy for the first house built the developer must post a sign at the terminus of all stub streets indicating that the stub street is intended to be opened to through traffic when the adjacent property is developed. The sign must state "FUTURE THROUGH STREET. TO BE CONNECTED WHEN ABUTTING PROPERTY DEVELOPS."
10. The developer shall record a covenant to maintain the "no build" landscape buffer tract, describing maintenance responsibilities. No buildings, structures, or fences may be erected within this landscaped buffer tract. Any fencing shall be located at the rear of the platted residential lot; shall be of consistent type, material, and height along the rear of the subdivision; and shall be shown on the landscape plan.
11. That all lots and structures along the parkway shall meet the parkway standards (88-323).
12. The developer shall secure approval of a project plan from the City Plan Commission prior to a building permit.
13. The developer shall screen all roof and/or ground mounted mechanical and utility equipment in compliance with 88-425-08.
14. The developer shall submit an affidavit, prepared by an engineer licensed in the State of Missouri, verifying that all outdoor lighting has been installed in accordance with approved plans and that lighting levels do not exceed that shown on the approved lighting plan at the property lines prior to a certificate of occupancy.
15. The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved plan has been installed in accordance with the plan and is healthy prior to a certificate of occupancy.
16. The developer shall post a sign at the terminus of all stub streets indicating that the stub street is intended to be opened to through traffic when the adjacent property is developed. The sign must state "FUTURE THROUGH STREET. TO BE CONNECTED WHEN ABUTTING PROPERTY DEVELOPS." The city may provide specifications for required signs.
17. The developer shall be responsible for tree preservation in an easement or platted tract, mitigation planting, or payment of cash-in-lieu of preservation or mitigation planting, or any combination thereof in accordance with 88-424. Should the developer choose to pay cash-in-lieu of preservation or mitigation of all or a portion of the required area, the amount due shall be based upon the rate specified in 88-424. This requirement shall be satisfied prior to issuance of a certificate of occupancy, or prior to the recording of the final plat, whichever occurs first.
18. Construction plans for the current building and energy code must be submitted for review and approval if there is any proposed construction.
19. One and two family residential developments exceeding 30 dwelling units shall have at least two separate and approved fire apparatus access roads and (IFC-2018: § D107.1) the second access shall be provided before the 31st dwelling is started.
20. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1).
21. Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC-2018 § 501.4 and 3312.1; NFPA 241-2013 § 8.7.2) Fire hydrant distribution shall follow IFC-2018 Table C102.1.
22. A required Fire Department access road shall be an all-weather surface. (IFC-2012: § 503.2.3) (No Grass Pavers Allowed)
23. 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)
24. Required Fire Department access roads shall be designed to support a fire apparatus with gross axle weight of 85,000 pounds. (IFC-2018: § 503.2.3).
25. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4).
26. The developer shall provide fire lane signage on fire access drives.
27. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. (IFC-2018: § D106.3).
28. The developer shall be responsible for dedication of parkland, private open space in lieu of parkland, or payment of cash-in-lieu of either form of dedication, or any combination thereof in accordance with 88-408. Should the developer choose to pay cash-in-lieu of dedicating all or a portion of the required area, the amount due shall be based upon the 2025 acquisition rate of $20,065.67 per acre. This requirement shall be satisfied prior to recording of the final plat.
29. The developer shall submit plans to the Parks and Recreation Department and obtain permission and permits prior to beginning construction of trail improvements on Parks property. Such improvements shall be installed per Parks and Recreation Department standards.
30. Any trails to be credited towards satisfying the parkland dedication requirements shall be a minimum width of 10’, constructed of concrete, and meet the construction standards of the Parks and Recreation Department.
31. This development shall meet the parkway and boulevard standards in Section 88-323 as 108th Street is to be improved and continue N.W. Shoal Creek Parkway at a future date.
32. All trails to satisfy the parkland dedication requirements shall be constructed prior to full development of the phase the trail is located in.
33. The developer shall submit a traffic impact study for the proposed development.
34. The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.
35. The developer shall submit a streetscape plan for approval and permitting by the Land Development Division prior to beginning construction of the streetscape improvements in the public right-of-way, and construct ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired.
36. 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 the developer shall be responsible for all costs associated with subordination activities now and in the future.
37. The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, that identifies sidewalks, curbs, and gutters in disrepair as defined by Public Works Department’s "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 11/5/2013" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.
38. The developer shall dedicate additional right-of-way and provide easements for N.W. 108th Street as required by the adopted major street plan and/or Chapter 88 so as to provide a minimum of 50 feet of right-of-way as measured from the centerline, along those areas being platted.
39. 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.
40. 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.
41. 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.
42. The developer shall integrate into the existing streetlight system any relocated 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.
43. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
44. The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations prior to a certificate of occupancy.
45. Water main extension plans shall be submitted through CompassKC by the developer for review and contracting (permitting) prior to final plat recording or building permit issuance. The plans shall be prepared by a Missouri professional engineer and follow all Kansas City Water rules and regulations including public fire hydrant spacing of 600' max. The water mains will need to be constructed and released for taps prior to service line permitting. A 16" DIP Class 54 transmission main shall be installed along the development’s frontage with N.W. 108th Street in an exclusive water easement and may qualify for the Kansas City Water Services Department cost-share for the differential cost between a 12" main and 16" main. A 12" DIP distribution main shall extend south through the development from this 16" TM along the eastern street right-of-way. Other water mains within the development can be 6" and 8" DIP.
46. The developer shall submit plans for grading, siltation, and erosion control to the Kansas City Water Services Department 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.
47. The developer shall submit a macro storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer to the Kansas City Water Services Department showing compliance with current adopted standards in effect at the time of submission, including water quality BMP’s, to the Kansas City Water Services Department for review and acceptance for the disturbed 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 Kansas City Water Services Department.
48. 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.
49. The developer shall submit a preliminary stream buffer plan prior to approval of the plan in accordance with the Section 88-415 requirements.
50. 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 Kansas City Water Services Department, prior to recording the plat or issuance of a building permit, whichever occurs first.
51. The developer shall submit a final stream buffer plan to the Kansas City Water Services Department for approval prior to issuance of any building permits and obtain permits for the stream buffer prior to removal of any mature riparian species within the buffer zones due to construction activities on the site, in accordance with the Section 88-415 requirements.
52. The developer shall grant a BMP and/or surface drainage easement to the City as required by the Kansas City Water Services Department, prior to recording the plat or issuance of any building permits.
53. The developer shall grant on City approved forms, a stream buffer easement to the City, as required by Chapter 88 and the Kansas City Water Services Department, prior to issuance of any stream buffer permits.
54. 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.
55. The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Kansas City Water Services Department prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.
56. The developer shall provide an erosion hazard analysis for areas where any improvements or public right-of-way dedications are proposed within stream buffer zones or adjacent to the outside of stream meanders as required by the Kansas City Water Services Department.
57. The developer shall obtain approval and any necessary permits from the United States Army Corps of Engineers for proposed wetland fills or alteration of the vegetated stream buffers prior to issuance of any site disturbance, grading, or stream buffer permits or approval of the final plat, whichever occurs first.
58. The developer shall submit covenants, conditions and restrictions to the Kansas City Water Services Department 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.
59. The developer shall address the existing regulated stream entering the proposed development at the northwest corner of the site in the macro stormwater drainage study, address the existing regulated stream at the southerly limits of the site, and address the proposed trail shown as it relates to stream buffer regulation 88-415-05-A.1, 88-415-05-A.2, 88-415-07.d.2.
60. The developer shall submit a preliminary stream buffer plan prior to approval of the plan in accordance with the Section 88-415 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 and development plan 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.
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Sara Copeland, FAICP
Secretary, City Plan Commission
Approved as to form:
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Sarah Baxter
Senior Associate City Attorney