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Legislation #: 100459 Introduction Date: 5/27/2010
Type: Ordinance Effective Date: 8/29/2010
Sponsor: None
Title: Rezoning an area of approximately 37.36 acres generally located at the northwest corner of N.E. 96th Street and Interstate 435 from District RA to District CP-3, and approving a preliminary development plan for the same. (13999-CP)

Legislation History
DateMinutesDescription
5/26/2010 Filed by the Clerk's office
5/27/2010 Referred to Planning and Zoning Committee
7/14/2010 Hold On Agenda (8/18/2010)
8/18/2010 Advance and Do Pass, Debate
8/19/2010 Passed

View Attachments
FileTypeSizeDescription
100459.pdf Authenticated 356K AUTHENTICATED
100581, 458, 459, 460, 461, 462, 463.pdf Advertise Notice 58K Affidavit of Publication
100458, 459, 460, 461, 462, 463 readv..pdf Advertise Notice 109K Re-Advertise Notice
100458, 459, 460, 461, 462, 463.pdf Advertise Notice 48K Affidavit of Publication
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100459 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100459
Maps 0K Plan map is on file in the City Clerk's Office
100459 mailing info.pdf Other 142K Mailing Info
100458, 459, 460, 461, 462, 463.pdf Advertise Notice 50K Advertise Notice
C013999CP_FACTSHT.xls Fact Sheet 103K Fact Sheet
C013999CP_STAFFRPT08_18_09.doc Staff Report 611K Staff Report

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ORDINANCE NO. 100459

 

Rezoning an area of approximately 37.36 acres generally located at the northwest corner of N.E. 96th Street and Interstate 435 from District RA to District CP-3, and approving a preliminary development plan for the same. (13999-CP)

 

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 80-11A0581, rezoning an area of approximately 37.36 acres generally located at the northwest corner of N.E. 96th Street and Interstate 435 from District RA (Agricultural) to District CP-3 (Regional Planned Business Center), said section to read as follows:

 

Section 80-11A0851. That an area legally described as:

 

A tract of land in the Southeast Quarter of the Southeast Quarter of Section 32, Township 52 North, Range 32 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri being bounded and described as follows: Commencing at the Southeast corner of said Southeast Quarter; thence North 89 degrees 16 minutes 27 seconds West along the South line of said Southeast Quarter, 659.89 feet to the True Point of Beginning of the tract to be herein described; thence North 89 degrees 16 minutes 27 seconds West along said South line, 653.17 feet to the Southwest corner of the Southeast Quarter of said Southeast Quarter; thence North 00 degrees 46 minutes 54 seconds East along the West line of said Southeast Quarter of said Southeast Quarter, 1308.21 feet to the Northwest corner of said Southeast Quarter of said Southeast Quarter; thence South 89 degrees 27 minutes 01 seconds East along the North line of said Southeast Quarter of said Southeast Quarter, 1287.72 feet; thence South 00 degrees 59 minutes 06 seconds West along the West right of way line of Interstate Route 435, as now established, 35.01 feet; thence North 89 degrees 55 minutes 39 seconds West along said West right of way line, 38.42 feet; thence South 08 degrees 14 minutes 03 seconds West along said West right of way line, 362.47 feet; thence South 10 degrees 18 minutes 44 seconds West along said West right of way line, 325.21 feet; thence South 35 degrees 18 minutes 33 seconds West along said West right of way line, 377.04 feet; thence South 20 degrees 43 minutes 54 seconds West along said West right of way line, 176.71 feet; thence South 04 degrees 22 minutes 59 seconds East along said West right of way line, 103.62 feet; thence South 86 degrees 30 minutes 19 seconds West, 231.11 feet to the True Point of Beginning. Containing 1,437,660 square feet, or 33.00 acres, more or less.

 

and

 


A tract of land in the Southeast Quarter of the Southeast Quarter of Section 32, and the Southwest Quarter of Section 33, all in Township 52 North, Range 32 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri being bounded and described as follows: Commencing at the Southeast corner of said Southeast Quarter; thence North 89 degrees 16 minutes 27 seconds West along the South line of said Southeast Quarter, 436.87 feet; thence North 00 degrees 43 minutes 33 seconds East, 100.44 feet to a point on the West right of way line of Interstate Route 435, as now established said point also being the True Point of Beginning of the tract to be herein described; thence North 04 degrees 22 minutes 59 seconds West along said West right of way line, 19.86 feet; thence North 20 degrees 43 minutes 54 seconds East along said West right of way line 176.71 feet; thence North 35 degrees 18 minutes 33 seconds East along said West right of way line, 377.04 feet; thence North 10 degrees 18 minutes 44 seconds East along said West right of way line, 325.21 feet; thence North 08 degrees 14 minutes 03 seconds East along said West right of way line, 506.15 feet: thence North 89 degrees 55 minutes 39 seconds East, 38.42 feet; thence North 00 degrees 59 minutes 06 seconds East, 35.01 feet; thence South 89 degrees 27 minutes 01 seconds East, 70.67 feet; thence South 06 degrees 26 minutes 28 seconds West, 415.26 feet; thence South 10 degrees 25 minutes 52 seconds West, 249.36 feet; thence South 15 degrees 37 minutes 12 seconds West, 92.71 feet; thence South 10 degrees 22 minutes 36 seconds West, 76.89 feet; thence South 14 degrees 15 minutes 44 seconds West, 98.65 feet; thence South 11 degrees 36 minutes 09 seconds West, 166.40 feet; thence South 08 degrees 08 minutes 19 seconds West, 129.77 feet; thence North 89 degrees 11 minutes 02 seconds West, 292.12 feet to the True Point of Beginning. Containing 189,922 square feet or 4.36 acres, more or less.

 

is hereby rezoned from District RA (Agricultural) to District CP-3 (Regional Planned Business Center), all as shown outlined on a map marked Section 80-11A0544, 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, commonly known as the Subdivision Regulations.

 

2. That the developer submit a macro/micro storm drainage study to Development Services for review and acceptance for the entire development when the final plat is submitted, and that the developer construct any improvements as required by Development Services.

 


3. That the developer dedicate additional right of way for a commercial collector street, as required by Development Services, so as to provide right of way for relocated N. Topping Avenue as shown on the approved development plan.

 

4. That the developer vacate existing N. Topping Avenue, as required by Development Services, and the vacation occur with the final plat application.

 

5. That the developer dedicate right of way for a parkway as required by Development Services and the Department of Parks and Recreation so as to provide right of way for relocated 96th Street/Future Shoal Creek Parkway as shown on the approved development plan.

 

6. That the developer improve relocated N. Topping Avenue to commercial collector street standards, as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

7. That the developer, prior to recording a plat for the first commercial phase:

 

a. construct the westbound roadway of Shoal Creek Parkway from the bridge over I-435 to a point approximately 200 feet east of the west property line and thence transitioning to the existing N.E. 96th Street cross-section, as shown on the development plan unless Shoal Creek Parkway has been previously constructed, as required by the Public Works Department and the Parks and Recreation Department.

 

b. construct the intersection of N. Topping Avenue and N.E. 96th Street (or future Shoal Creek Parkway) as shown on the development plan so as to provide 260 foot long southbound dual left-turn lanes, a 260 feet long southbound exclusive right-turn lane, and a 250 feet long westbound exclusive channelized right-turn lane, plus all appropriate tapers, as shown on the development plan, as required by the Public Works Department and the Parks and Recreation Department.

 

c. stripe out one of the southbound exclusive left-turn lanes at the intersection of N. Topping Avenue and N.E. 96th Street (or future Shoal Creek Parkway), unless Shoal Creek Parkway has been constructed to a 4-lane cross-section, as required by the Public Works Department.

 

d. enter into a cooperative agreement or secured deferral agreement to signalize the intersection of relocated N. Topping Avenue and N.E. 96th Street (future Shoal Creek Parkway) at such time as the Public Works Department staff determine that traffic signals are warranted and necessary, as required by the Public Works Department and the Parks and Recreation Department.

 

e. restripe the I-435 ramp intersections and bridge along N.E. 96th Street so as to provide one through lane in each of the eastbound and westbound directions plus 250 feet long exclusive left-turn lanes at both I-435 ramp intersections on N.E. 96th Street, or as required by MODOT.

 

f. construct a westbound 100 feet long right-turn lane plus appropriate taper on N.E. 96th Street at the northbound I-435 ramp intersection unless Shoal Creek Parkway has been constructed to a 4-lane cross-section, or as required by MODOT.

 

g. signalize both I-435 ramp intersections along N.E. 96th Street, or as required by MODOT.

 

h. enter into a cooperative or deferral agreement to provide coordination of all traffic signals along N.E. 96th Street (future Shoal Creek Parkway) from relocated N. Topping to the development Drive 1, as required by the Public Works Department and MODOT.

 

i. construct a 10 feet wide pedestrian / bike trail on the north side of N.E. 96th Street along the frontage of the entire preliminary plan, as required by Development Services.

 

j. construct a 10 feet wide pedestrian / bike trail on the north side of N.E. 96th Street along the property frontages on the west side of I-435, including the segment over the I-435, as shown on the development plan, or as required by MODOT.

 

8. That the developer, prior to recording a plat for the second commercial phase:

 

a. construct a 150 feet long eastbound exclusive right-turn lane plus appropriate taper at the intersection of N.E. 96th Street (future Shoal Creek Parkway) and the southbound I-435 ramp intersection, or as required by MODOT.

 

b. construct a 150 feet long westbound exclusive right-turn lane plus appropriate taper at the intersection of N.E. 96th Street (future Shoal Creek Parkway) and N. Topping Avenue.

 


c. construct a 300 foot long eastbound exclusive left turn lane plus appropriate taper at the intersection of N.E. 96th Street (future Shoal Creek Parkway) and N. Topping Avenue.

 

9. That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

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

 

11. That the developer subordinate to the City all private interest in the area of any right-of-way dedication, as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

12. That the developer secure permits to construct new sidewalks, curbs, and gutters along all development street frontages, as required by Development Services, prior to recording the plat.

 

13. That the developer secure approval of the Street Naming Committee for all street names prior to submittal of the first final plat, and that the developer submit a copy of the approved street name plan as part of each final plat submittal to the Department of City Development.

 

14. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities, prior to recording the plat.

 

15. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more, prior to recording the plat.

 

16. That the developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat.

 

17. That the developer secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat.

 

18. That the developer grant a Surface Drainage Easement to the City as required by Development Services, prior to recording the plat.

 


19. That the developer grant a BMP Easement to the City as required by Development Services, prior to recording the plat.

 

20. That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by Development Services, prior to recording the plat.

 

21. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

22. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

23. That the developer provide for adequate intersection sight distance at all proposed or modified street and driveway intersections as required by the Department of Public Works and Development Services.

 

24. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (including canopy shade trees a maximum average of 50 feet on center along public street frontages), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line, incorporation of limestone/cast block into retaining walls and signage abutting N.E. 96th Street and no direct illumination beyond the property lines) and building elevations.

 

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 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