KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 080471 Introduction Date: 5/8/2008
Type: Ordinance Effective Date: 7/6/2008
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
5/7/2008 Filed by the Clerk's office
5/8/2008 Referred to Planning and Zoning Committee
5/28/2008 Hold On Agenda (6/4/2008)
6/4/2008 Hold On Agenda (6/11/2008)
6/11/2008 Hold On Agenda (6/18/2008)
6/18/2008 Hold On Agenda (6/25/2008)
6/25/2008 Advance and Do Pass as a Committee Substitute, Debate
6/26/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080471.pdf Authenticated 349K Authenticated
petition of protest.pdf Petition 173K Petition of protest
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080471 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080471
080469_475, 080480_81 Affidavit of Publication.pdf Other 60K Affidavit of Publication
080471 Mailing List.pdf Plan Mailing List 95K Mail List
080471 Docket Map.pdf Maps 101K Document Maps
Adv. 052808.pdf Advertise Notice 10K Advertise Notice
C013087PD7_STAFFRPT04_01_08.doc Staff Report 119K Staff Report
C013087PD5_FACTSHT.xls Fact Sheet 69K Fact Sheet

Printer Friendly Version

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