SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 060765
Rezoning
an area of approximately 10.07 acres generally located on the west side of N. Oak
Trafficway, north of N.E. 95th Terrace, from District C-2 to
District PD/C-2, and approving a development plan for the same. (13590-PD-1)
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section A. That Chapter 80, Code of Ordinances of
the City of Kansas City, Missouri, 1996, commonly known as the Zoning
Ordinance, is hereby amended by enacting a new section to be known as Section
80-11A0690, rezoning an area of approximately 10.07 acres generally located on
the west side of North Oak Trafficway,
north of N.E. 95th Terrace,
from District C-2 (Local Retail Business) to District PD/C-2 (Planned
District/Local Retail Business), said section
to read as follows:
Section
80-11A0690. That an area legally described as:
All that part of the
East Half of the Northwest Quarter of Section 2, Township 51, Range 33, Kansas
City, Clay County, Missouri, described as follows: Commencing at the Northeast
corner of said Northwest Quarter; thence North 8941'51" West along the
North line of said Northwest Quarter, 626.55 feet to its intersection with the
South right-of-way line of Northeast 96th Street, as recorded in Book 1205 at
Page 756 in the office of the Recorder of Deeds in said Clay County, said point
being the Northeast corner of a tract of land recorded in Book 5084 at Page 100
in said office of the Recorder and the True Point of Beginning; thence
Southeasterly along said South right-of-way line, on a curve to the left,
having an initial tangent bearing of South 6614'21" East, a radius of
1235.92 feet, a central angle of 2229'20", an arc distance of 485.11
feet; thence South 8843'41" East along said South right-of-way line,
55.19 feet; thence South 3818'46" East along said South right-of-way
line, 88.66 feet to the West right-of-way line of North Oak Trafficway, as
previously condemned; thence South 0143'50" West along said West
right-of-way line, 167.06 feet; thence South 0009'12" West along said
West right-of-way line, 565.48 feet; thence South 4500'07" West along said
West right-of-way line, 29.09 feet to the North right-of-way line of Northeast
95th Terrace, formerly Craig Road, as now established and the North line
extended of North Oak Crossing - First Plat, a subdivision of land recorded in
Book F at Page 49 in said office of the Recorder; thence North 7720'52"
West along said North right-of-way line and said North line of North Oak
Crossing - First Plat, 525.41 feet to the Southeast corner of a tract of land
recorded in Book 2279 at Page 963 in said office of the Recorder; thence North
0426'29" East along the East line of said tract and the extension
thereof, 578.71 feet; thence North 7720'52" West, 200.00 feet to the East
line of the aforementioned tract of land recorded in Book 5084 at Page 100; thence
North 0426'29" East along said East line, 193.50 feet to the North line
of said Northwest Quarter; thence South 8941'51" East along said North
line, 94.44 feet to the True Point of Beginning. Containing 10.07 acres, more
or less.
is hereby rezoned from District C-2 (Local Retail Business) to District PD/C-2
(Planned District/Local Retail Business), as shown outlined on a map
marked Section 80-11A0690, 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 dedicate additional right of way for N. Oak Trafficway as
necessary to accommodate a ten foot sidewalk, five foot greenspace between the
sidewalk and curb, and a one foot setback between the sidewalk and right of way
line as required by Development Services in satisfaction of the Citys bicycle
route plan.
3. That
the developer dedicate additional right of way for N.E. 95th Terrace for a
collector street as required by the Development Services so as to insure a
minimum of 30 feet of right of way as measured from the centerline of N.E. 95th
Terrace.
4 That
the developer improve the northern one-half of N.E. 95th Terrace to collector
street standards as required by Development Services, including curbs, gutters,
sidewalks, streetlights, turn lanes, existing roadway section transitions to meet
vertical and horizontal alignment standards, and relocation of utilities.
5. That
the developer dedicate additional right of way adjacent the plan frontage for
the intersection of N.E. 96th Street and N. Oak Trafficway as required by
Development Services to accommodate right turn lanes and dual left turn lanes
at all approaches.
6. That
the developer dedicate right of way for and construct a southbound right turn
lane with taper on N. Oak Trafficway at the east development entrance as shown
on the development plan as required by Development Services.
7. That
the developer dedicate right of way for and construct an eastbound left turn
lane with taper on N.E. 95th Terrace at the south development entrance as shown
on the development plan as required by Development Services.
8. That
the developer dedicate right of way for and enter into a secured deferral
agreement for the construction of an eastbound right turn lane with taper on
N.E. 96th Street at the north development entrance as shown on the development
plan as required by Development Services, to be constructed at the time of the
construction of an intersection or interchange at N.W. 96th Street and U.S.
Highway 169.
9. That
southbound left turns from the south development entrance onto N.E. 95th
Terrace as shown on the development plan be prohibited until the construction
of an intersection or interchange at N.W. 96th Street and U.S. Highway 169, and
that said left turns be permitted upon completion of said construction subject
to review and approval by the City of a traffic study, or that adequate sight
distance for said left turns be provided as required by Development Services.
10. That
the developer submit a macro/micro storm drainage study for the entire
development to Development Services for approval at the time of submittal of
the first plat, and that the developer construct any improvements as required
by Development Services.
11. That
the developer submit plans for grading and siltation and erosion control to
Development Services for approval prior to the commencement of any construction
activities.
12. 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.
13. That
the developer shall 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 shall be responsible for all costs associated with subordination
activities.
14. That
the developer obtain a site disturbance permit from Development Services prior
to beginning any construction, grading, clearing or grubbing activities, if the
disturbed area exceeds one acre.
15. That
the developer extend sanitary sewers to ensure individual service is provided
to all proposed lots and determine adequacy as required by Development
Services.
16. That
the developer provide a storm water conveyance system to serve all proposed
lots within the development and determine adequacy as required by Development
Services.
17. That
adequate sight distance be provided for the street connection to N.E. 96th Street as required by Development Services.
18. That
the developer submit covenants, conditions and restrictions to the Law
Department for approval for the maintenance of private open space and enter
into a covenant agreement for the maintenance of any stormwater detention area
tracts.
19. 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.
20. That
the developer install hard surface roads and provide for fire protection as
required by the Fire Department prior to construction beyond foundations.
21. That
the developer extend water mains as required by the Water Services Department.
22. That
the developer secure the approval of the Missouri Highway and Transportation
Department for any work within State right of way.
23. That the developer submit a final
plan for each lot and tract to the City Plan Commission for approval, including
detailed information on landscaping, (including canopy shade trees spaced a
maximum average of 50 feet on center within the plan area along the public
street frontages and both sides of Tract A), signage (including elevations),
lighting (including a photometric study showing zero footcandles at the
property line and no direct illumination beyond the property line), sidewalks
along both sides of Tract A, and building elevations (including screening of
rooftop equipment on all buildings). A final plan for Tract C must be approved
prior to or concurrent with final plan approval for Lots 4 or 5.
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