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Legislation #: 100463 Introduction Date: 5/27/2010
Type: Ordinance Effective Date: 8/29/2010
Sponsor: None
Title: Rezoning an area of approximately 7.33 acres generally located at the northeast corner of N.E. 96th Street and Interstate 435 from District R-1aa to District CP-2, and approving a development plan for the same. (13994-CP-2)

Legislation History
DateMinutesDescription
5/27/2010 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
100463.pdf Authenticated 295K 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=100463 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100463
Maps 0K Plan map is on file in the City Clerk's Office
100463 mailing info.pdf Other 129K Mailing Info
100458, 459, 460, 461, 462, 463.pdf Advertise Notice 50K Advertise Notice
C013999CP_STAFFRPT08_18_09.doc Staff Report 611K Staff Report
C013999CP_FACTSHT.xls Fact Sheet 103K Fact Sheet

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ORDINANCE NO. 100463

 

Rezoning an area of approximately 7.33 acres generally located at the northeast corner of N.E. 96th Street and Interstate 435 from District R-1aa to District CP-2, and approving a development plan for the same. (13994-CP-2)

 

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 80-11A0850, rezoning an area of approximately 7.33 acres generally located at the northeast corner of N.E. 96th Street and Interstate 435 from District R-1aa (One-Family Dwellings, Low Density) to District CP-2 (Local Planned Business Center), said section to read as follows:

 

Section 80-11A0850. That an area legally described as:

 

A tract of land in the Southwest Quarter of Section 33, 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 Northwest corner of said Southwest Quarter; thence South 00 degrees 59 minutes 06 seconds West along the West line of said Southwest Quarter, 1725.55 feet; thence South 89 degrees 00 minutes 54 seconds East, 431.65 feet to a point on the Easterly right of way line of Interstate Route 435, as now established, as described in Missouri Trustee Deed in Book 3482 at Page 164; thence North 75 degrees 57 minutes 18 seconds East, 72.21 feet; thence Southeasterly on a curve to left, having an initial tangent bearing of South 00 degrees 08 minutes 30 seconds East, a radius of 300.00 feet, a central angle of 83 degrees 44 minutes 31 seconds, an arc distance of 438.47 feet; thence South 83 degrees 53 minutes 00 seconds East, 133.91 feet; thence Southeasterly on a curve to the right, having a common tangent with the last described course, a radius of 300.00 feet, a central angle of 53 degrees 53 minutes 40 seconds, an arc distance of 282.19 feet; thence North 60 degrees 00 minutes 39 seconds East, 73.90 feet; thence Northeasterly on a curve to the right, having a common tangent with the last described course, a radius of 300.00 feet, a central angle of 26 degrees 29 minutes 31 seconds, an arc distance of 138.71 feet to a point on the East line of the West One-Half of said Southwest Quarter as described in said Book 3482 at Page 164; thence South 00 degrees 36 minutes 19 seconds West along the East line of said West One-Half, 373.73 feet to the intersection of the North right of way line of N.E. 96th Street, as now established as described in Book 3482 at Page 164; thence Westerly along said North right of way line on a curve to the left, having an initial tangent bearing of North 77 degrees 04 minutes 09 seconds West (Deed – North 77 degrees 04 minutes 06 seconds West), a radius of 989.93 feet, a central angle of 17 degrees 18 minutes 50 seconds, an arc distance of 299.14 feet (Deed – 299.15 feet); thence South 85 degrees 37 minutes 01 seconds West along said North right of way line, 177.10 feet (Deed – 177.08 feet); thence North 04 degrees 22 minutes 59 seconds West, 65.00 feet to its intersection with Easterly right of way line of Interstate Route 435, as described in Book 3482 at Page 164; thence South 85 degrees 37 minutes 01 seconds West along said Easterly right of way line, 200.00 feet; thence North 49 degrees 22 minutes 47 seconds West along said Easterly right of way line, 70.72 feet; thence North 14 degrees 02 minutes 42 seconds West along said Easterly right of way line, 655.15 feet to the True Point of Beginning. Containing 319,101 square feet, or 7.33 acres, more or less.

 

is hereby rezoned from District R-1aa (One-Family Dwellings, Low Density) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80-11A0850, 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 first plat is submitted, and that the developer construct any improvements as required by Development Services.

 

3. That the developer, prior to recording any plat:

 

a. dedicate all additional right-of-way necessary on the north side of N.E. 96th Street as shown on the development plan, so as to provide for construction of future Shoal Creek Parkway, as required by the Parks and Recreation Department and Development Services.

 

b. dedicate right of way for, and construct, the full width of Drive 1 as shown on the development plan, unless a revised traffic study indicates the adequacy of a reduced cross section, as required by Development Services.

 

c. construct the intersection of Drive 1 and N.E. 96th Street (future Shoal Creek Parkway) so as to provide a 100 feet long southbound exclusive left-turn lane, and a 150 feet long eastbound exclusive left-turn lane, plus all appropriate tapers, as required by the Public Works Department and the Parks and Recreation Department.

 

d. modify the vertical and/or horizontal alignment of N.E. 96th Street so as to provide adequate intersection sight distance at the intersection of Drive 1 and N.E. 96th Street, as required by Development Services, unless Shoal Creek Parkway has been previously constructed.

 

e. add a 50 feet long westbound exclusive left-turn lane, plus appropriate taper, at the intersection of Drive 1 and N.E. 96th Street (future Shoal Creek Parkway), as required by the Public Works Department and the Parks and Recreation Department.

 

f. add a 300 feet long northbound exclusive left-turn lane plus appropriate taper at the intersection of the I-435 northbound ramp and N.E. 96th Street (future Shoal Creek Parkway), or as required by MODOT.

 

g. enter into a cooperative agreement or secured deferral agreement to signalize the intersection of Drive 1 and N.E. 96th Street (future Shoal Creek Parkway) and provide interconnection with any existing interchange signalization 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.

 

4. That the developer enter into a secured deferral agreement for the construction of the public street connection to the east plan boundary approximately 300 feet north of N.E. 96th Street as shown on the development plan at the time of dedication of its full right of way width, as required by Development Services.

 

5. That the developer improve the interior streets to modified collector street standards, as required by Development Services, as shown on the approved development plan including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

6. That the developer secure permits for the sidewalks within the development at the time street improvement permits are secured, as required by Development Services.

 

7. 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.

 

8. 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.

 

9. 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.

 

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

 

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

 

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 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.

 

14. 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.

 

15. That the developer secure permits for 5 foot wide sidewalks to be constructed along all proposed interior street frontages on both sides of the street, as required by Development Services, prior to recording the final plat.

 

16. 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.

 

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

 

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

19. That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department, and enter into covenant agreements for the maintenance of any private open space tracts with stream buffers or stormwater detention area tracts, prior to recording the plat.

 

20. 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.

 

21. 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.

 

22. 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 and no direct illumination beyond the property line), incorporation of limestone/cast block into retaining walls and signage abutting N.E. 96th Street, 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