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Legislation #: 160932 Introduction Date: 12/1/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER HALL
Title: Rezoning an area of approximately 24.17 acres generally bounded by N.E. Barry Road on the north and west, Missouri Highway 152 on the south and Indiana Avenue on the east from District B2-2 to District B3-2 and approving a development plan for commercial development (nine commercial buildings totaling about 102,150 sq. ft.), which plan also serves as a preliminary plat. (14645-P and 14645-P-1)

Legislation History
DateMinutesDescription
12/1/2016 Filed by the Clerk's office
12/1/2016 Referred to Planning, Zoning & Economic Development Committee
12/7/2016 Do Pass as a Committee Substitute
12/8/2016 Assigned Third Read Calendar as Substituted
12/15/2016 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160932

Rezoning an area of approximately 24.17 acres generally bounded by N.E. Barry Road on the north and west, Missouri Highway 152 on the south and Indiana Avenue on the east from District B2-2 to District B3-2 and approving a development plan for commercial development (nine commercial buildings totaling about 102,150 sq. ft.), which plan also serves as a preliminary plat. (14645-P and 14645-P-1)

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 88-20A1081, on approximately 24.17 acres generally bounded by N.E. Barry Road on the north and west, Missouri Highway 152 on the south and Indiana Avenue on the east from District B2-2 (Neighborhood Business dash 2) to District B3-2 (Community Business dash 2) and approving a development plan for commercial development (nine commercial buildings totaling about 102,150 sq. ft.), which plan also serves as a preliminary plat, and said section to read as follows:

Section 88-20A1081. That an area legally described as:

 A tract of land in the Northwest Quarter of Section 7, Township 51 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri being bounded and described as follows: Commencing at the Northwest corner of the Southeast Quarter of said Northwest Quarter; thence North 00 degrees 38 minutes 26 seconds East, along the West line of the Southeast Quarter of said Northwest Quarter, 39.25 feet to the Point of Beginning of the tract of land to be herein described; thence South 89 degrees 30 minutes 33 seconds East, 1,149.73 feet; thence South 41 degrees 52 minutes 27 seconds East, 69.97 feet to a point on the West right-of-way line of N. Indiana Avenue, as now established, said point being 80' West of Station 6+50; thence South 00 degrees 30 minutes 26 seconds West, continuing along said West right-of-way line, 614.36 feet to a point being 73' West of Station 12+70 on the centerline of aforementioned N. Indiana Avenue; thence South 52 degrees 48 minutes 03 seconds West, continuing along said West right-of-way line, 235.62 feet to a point being 250' West of Station 14+25.93 on the centerline of aforementioned N. Indiana Avenue, said point also being a point on the North right-of-way line of Missouri State Route 152, as now established, said point being 284.50 feet North of Station 175+84.52; thence North 83 degrees 22 minutes 22 seconds West, along said North right-of-way line, 305.78 feet; thence Westerly, continuing along said North right-of-way line, on a curve to the right, being tangent to the last described course with a radius of 864.93 feet, a central angle of 19 degrees 46 minutes 15 seconds and an arc distance of 298.46 feet; thence North 63°36'07" West, continuing along said North right-of-way line, 469.22 feet; thence North 65 degrees 59 minutes 11 seconds West, continuing along said North right-of-way line, 674.46 feet; thence North 14 degrees 06 minutes 03 seconds West, continuing along said North right-of-way line, 137.07 feet to a point on the South right-of-way line of relocated Barry Road, as now established; thence North 73 degrees 48 minutes 54 seconds East, along said South right-of-way line and its Northeasterly prolongation, 308.80 feet; thence South 89°30'33" East, 358.41 feet to the Point of Beginning. Containing 1,053,117 square feet or 24.17 acres, more or less.

is hereby rezoned from District B2-2 (Neighborhood Business-dash 2) to District B3-2 (Community Business-dash 2), all as shown outlined on a map marked Section 88-20A1081, 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 (which will also serves as the preliminary plat) for the area legally described above is hereby approved, subject to the following conditions:

1.                  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.

 

2.                  The developer shall submit a macro storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer 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.

 

3.                  The developer shall dedicate additional right of way for N.E. Barry Road 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.

 

4.                  The developer shall dedicate additional right of way for N. Indiana Avenue as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 60 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.

 

5.                  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.

 

6.                  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 prior written consent of the Land Development Division.

 

7.                  The developer shall verify vertical and horizontal sight distance for the drive connection to public right-of-way and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.

 

8.                  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.

 

9.                  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.

 

10.              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.

 

11.              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.

12.              The developer shall obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

13.              The developer shall show the limits of the 100-year floodplain on the final plat and show the Minimum Low Opening Elevation (MLOE) of any structure on each lot that abuts a 100-year floodplain area on any plat and plan as required by the Land Development Division.

 

14.              The developer shall enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division prior to recording the plat.

 

15.              The developer shall construct a 250 foot northbound left turn lane on N. Indiana Avenue at Drive 2.

 

16.              The developer shall construct a traffic signal at the intersection of N. Indiana Avenue and N.E. Barry Road prior to the construction of Drive 3, or Drive 4 or Lots #4-#8. This signal should include right-turn and left-turn lanes for each direction.

 

17.              The developer shall add additional storage to the westbound right turn lane on the westbound off ramp from Mo-152 so that the total storage is 350 feet.

 

18.              The developer shall secure a permit from the Missouri Department of Transportation prior to working within any State highway right-of-way.

 

19.              The developer shall submit a street tree planting plan prior to approval of the final plat and secure the approval of the City Forester with a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer shall agree to plant in accordance with the plan approved by the City Forester.

 

20.              Fire Department access roads are a minimum unobstructed width of twenty (20) feet and 13 ft. 6 in clearance height. (IFC-2012: § 503.2.1)

 

21.              The developer shall meet the attached turning radius for Fire Department access roads. (IFC-2012: § 503.2.4)

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

Assistant City Attorney