COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 080471
Rezoning an area of approximately
21.1 acres generally located on the north side of N.E. 80th Street, about 800
feet east of N. Brighton Avenue, from District R-4 to District PD/R-4 , and
approving a preliminary development plan for the same. (13087-PD-5)
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 80-11A0806, rezoning an area of approximately 21.1 acres
generally located on the north side of N.E. 80th Street, about 800 feet east of
N. Brighton Avenue, from District R-4 (Low Apartments) to District PD/R-4
(Planned Development/Low Apartments), said section to read as follows:
Section 80-11A0806. That an area
legally described as:
A tract of land
situated in all that part of the Southeast Quarter of Section 8, and all that
part of the Northeast Quarter of Section 17, all in Township 51 North, Range 32
West of the Fifth Principle Meridian, in Kansas City, Clay County, Missouri,
being bounded and described as follows: Commencing at the Southwest corner of
said Southeast Quarter; thence South 8843'44" East, along the South line
of said Southeast Quarter, 353.58 feet; thence North 0116'16" East,
190.44 feet to a point on the North right of way line, N.E. 80th Street, as now
established, said point also being the Point of Beginning of the tract of land
to be herein described; thence North 0101'12" East, 299.29 feet; thence
South 8858'48" East, 129.79; thence Northeasterly, along a curve to the
left, tangent to the last described course, having a radius of 500.00 feet, a
central angle of 7730'11" and an arc length of 676.34 feet; thence North
1331'01" East, 148.18 feet; thence Northeasterly, along a curve to the
right, tangent to the last described course, having a radius of 300.00 feet, a
central angle of 7740'40" and an arc length of 406.72 feet; thence South
8848'19" East, 290.71 feet to a point on the West line of "Brighton
Crossing First Plat", a subdivision of land in Kansas City, Clay County,
Missouri; thence South 0059'43" West, along said West line, 354.51 feet;
thence Westerly, Southerly, and Easterly, along said West line, on a curve to
the left, having an initial tangent bearing of South 6808'23" West, a
radius of 214.00 feet, a central angle of 15708'40" and an arc length of
586.94 feet; thence South 8900'17" East, continuing along said West line,
27.88 feet; thence South 0059'43" West, continuing along said West line,
59.60 feet; thence South 3816'57" West, 492.55 feet; thence South
0116'16" West, continuing along said West line, 72.74 feet; thence North
8843'44" West, continuing along said West line, 79.68 feet; thence North
0116'16" East, continuing along said West line, 25.00 feet, to a point on
the South line of said Southeast Quarter; thence North 8843'44" West,
continuing along said West line, 32.32 feet; thence South 3711'12" West,
continuing along said West line, 179.56 feet to the Southwest corner of said
"Brighton Crossing First Plat", said corner also being on the North
right of way line of N.E. 80th Street, as now established; thence
Northwesterly, along said North right of way line, on curve to the left, having
an initial tangent bearing of North 5242'11" West, a radius of 1847.12
feet, a central angle of 2804'52" and an arc length of 905.31 feet to the
Point of Beginning.
is hereby rezoned from District
R-4 (Low Apartments) to District PD/R-4 (Planned Development/Low Apartments),
all as shown outlined on a map marked Section 80-11A0806, 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 construct a 100 foot northbound right turn
lane with taper on N. Brighton Avenue at the main development entrance (N.E.
80th Terrace) as shown on the development plan as required by Development
Services.
3. That the developer construct a 270 foot southbound left turn
lane with taper on N. Brighton Avenue at the main development entrance (N.E.
80th Terrace) as shown on the development plan, as required by Development
Services.
4. That the developer enter into a cooperative agreement as
required by Development Services, prior to approval of the first final plat
application, to share 25 percent of the cost of installation of a traffic
signal at the intersection of N.E. 80th Street/N.E. Soccer Drive with N. Brighton Avenue, not to exceed a maximum shared cost of $50,000.00. The signal will be
installed by the City when warranted and when full funding for design, construction
and inspection is available.
5. That the developer, prior to approval of the first final plat
application, restripe the outside southbound through lane on N. Brighton
Avenue at the intersection of N.E. 80th Street/N.E. Soccer Drive to a through lane
instead of the existing striped out lane, as required by Development Services.
6. That the developer construct a 150 foot eastbound left turn
lane with taper on N.E. 80th Street/N.E. Soccer Drive at the intersection with
A Street as shown on the development plan, as required by Development
Services.
7. That the developer dedicate a minimum of 52 feet of right of
way north of centerline for N.E. 80th Street/N.E. Soccer Drive for a secondary
arterial, bicycle lane and left turn lane for a distance of 150 feet plus taper
west of A Street as shown on the development plan, with a minimum of 46 feet
of right of way north of centerline west of the taper, as required by
Development Services.
8. That the developer dedicate additional right of way for a
modified collector street as required by Development Services so as to provide
a minimum of 106 feet of right of way transitioning to 60 feet of right-of way
for N.E. 80th Terrace, as shown on the approved development plan.
9. That the developer improve the full width of N.E. 80th
Terrace to modified collector street standards, as shown on the approved
development plan, 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.
10. That the developer dedicate additional right of way for a
collector street as required by Development Services so as to provide a minimum
of 60 feet of right-of way for A Street, as shown on the approved development
plan.
11. That the developer improve the full width of A Street to
collector street standards, as shown on the approved development plan, 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.
12. That the developer dedicate additional right of way for a
collector street as required by Development Services so as to provide a minimum
of 60 feet of right-of way for N.E. 82nd Street, as shown on the approved
development plan.
13. That the developer improve the full width of N.E. 82nd Street
to collector street standards, as shown on the approved development plan, 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.
14. That the developer dedicate a minimum of 46 feet of right of
way north of centerline for N.E. 80th Street/N.E. Soccer Drive for a secondary
arterial and bicycle lane east of A Street as shown on the development plan,
as required by Development Services.
15. That the developer close the existing stub street openings on
N. Hardesty Avenue at the east plan boundary and restore continuous curb,
gutter and sidewalk as required by Development Services
16. That the developer submit a macro overall storm drainage study
for the entire Brighton Creek development to Development Services for review
and acceptance at the time the first plat is submitted, with a micro detailed
storm drainage study to be submitted for each phase at the time of final
platting, and that the developer construct any improvements as required by
Development Services.
17. That the developer secure permits for the sidewalks along all
development street frontages at the time street improvement permits are
secured. Sidewalks shall be installed per the sidewalk installation plan
reviewed and accepted by Development Services.
18. 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.
19. 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.
20. 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.
21. That the developer secure permits to repair existing or
reconstruct sidewalks, curbs, gutters, storm sewers, and streetlights as
necessary along all development street frontages, or submit a letter from a
Missouri licensed civil engineer stating that the sidewalks, curbs, and gutters
are in a good state of repair and meet the requirements set forth in Chapters
56 and 64, Code of Ordinances, as required by Development Services, prior to
recording the plat.
22. 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.
23. 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.
24. That the developer extend sanitary sewers to ensure that individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
25. 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.
26. That the developer grant a Surface Drainage Easement to the
City as required by Development Services.
27. That the developer grant a BMP Easement to the City as
required by Development Services.
28. That the developer enter an agreement for the maintenance of
any stormwater detention area tracts as required by Development Services.
29. That the developer install hard surface roads and provide for
fire protection as required by the Fire Department prior to construction beyond
foundations.
30. That the developer extend/relocate water mains and grant
exclusive easements as required by the Water Services Department.
31. That the developer contribute $18,727.77
in lieu of parkland dedication for 336 multifamily
units (336 units x 2.0 x .006 (less credit for 2.25 acres of private open space) x $10,509.41 (year 2008) = $18,727.77) in satisfaction of Section 66-128 of the Subdivision
Regulations.
32. That the developer submit a street tree planting plan prior to
or concurrent with the final plat submittal, secure the approval of the City
Forester for street trees planted on right-of-way in front of residential lots
(with a copy to be submitted to the City Development Department staff), and
agree to plant in conformance with the plan approved by the City Forester. The
plan shall include size, type, species, and placement of trees.
33. 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.
34. That the developer provide for adequate sight distance for all
street/driveway connections as required by the Department of Public Works.
35. That the developer upgrade the existing traffic signal at the
intersection of N. Brighton Avenue and proposed N.E. 80th Terrace from a
three-way intersection to a full four-way intersection as required by the
Department of Public Works.
36. That the developer provide for interconnections of traffic
signals on N. Brighton Avenue between N.E. 80th Street and the north on/off
ramps at Highway 152 as required by the Department of Public Works
37. 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 40 feet on center along all
plan boundaries shared with private property), lighting (including a
photometric study showing zero footcandles at the property line and no direct
illumination beyond the property line) 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