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Legislation #: 061287 Introduction Date: 11/16/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FAIRFIELD
Title: Rezoning an area of approximately 74 acres generally located at the northeast corner of M-152 and I-29 from Districts GP-3 and GP-4 to District GP-3, and approving a development plan for the same. (6029-GP-1)

Legislation History
DateMinutesDescription
11/16/2006 Filed by the Clerk's office
11/16/2006 Referred to Planning, Zoning & Economic Development Committee
12/13/2006 Advance and Do Pass as a Committee Substitute, Debate
12/14/2006 Passed as Substituted

View Attachments
FileTypeSizeDescription
061287.pdf Authenticated 514K Authenticated
C006029GP1_FactSheet_12_07_06.doc Fact Sheet 202K fact sheet
C006029GP1_Staff_Report_11_21_06.doc Staff Report 185K staff report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 061287

 

Rezoning an area of approximately 74 acres generally located at the northeast corner of M-152 and I-29 from Districts GP-3 and GP-4 to District GP-3, and approving a development plan for the same. (6029-GP-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, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0721, rezoning an area of approximately 74 acres generally located at the northeast corner of M-152 and I-29 from Districts GP-3 (Regional Business) and GP-4 (High Density Residential) to District GP-3 (Regional Business), said section to read as follows:

 

Section 80-11A0721. That an area legally described as:

 

Tract II (Skyview Avenue): A tract of land in the Southwest Quarter of Section 6, Township 51 North, Range 33 West, Kansas City, Platte County, Missouri, being described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 6; thence North 002318 East, along the East line of said Southwest Quarter, 1451.02 feet; thence North 883149 West, 100.52 feet to a point on the West right-of-way line of North Ambassador Drive; thence South 025111 East, along said West right-of-way line, 159.81 feet; thence South 020139 West, along said West right-of-way line, 5.00 feet; thence Northwesterly, along a curve to the left, having an initial tangent bearing of North 020139 East, a radius of 36.00 feet, a central angle of 903230, an arc distance of 56.89 feet; thence North 883050 West, 182.63 feet; thence Northwesterly, along a curve to the right, tangent to the last described course, having a radius of 546.00 feet, a central angle of 323708, an arc distance of 310.84 feet; thence North 555342 West, 1234.06 feet; thence Northerly, along a curve to the right, tangent to the last described course, having a radius of 546.00 feet, a central angle of 550405, an arc distance of 524.77 feet; thence Northerly, along a curve to the left, having a common tangent with the last described course, a radius of 36.00 feet, a central angle of 880702, an arc distance of 55.37 feet to a point on the South right-of-way line of Northwest Tiffany Springs Road; thence North 864358 East, along said South right-of-way line, 159.20 feet; thence South 885640 East, along said South right-of-way line, 5.00 feet; thence Southerly, along a curve to the left, having an initial tangent bearing of North 885640 West, a radius of 36.00 feet, a central angle of 905834, an arc distance of 57.16 feet; thence Southerly, along a curve to the left, having a common tangent with the last described course, a radius of 454.00 feet, a central angle of 555829, an arc distance of 443.53 feet; thence South 555342 East, 1234.06 feet; thence Easterly, along a curve to the left, tangent to the last described course having a radius of 454.00 feet, a central angle of 323708, an arc distance of 258.47 feet; thence South 883050 East, 170.59 feet; thence Northerly, along a curve to the left, tangent to the last described course, having a radius of 36.00 feet, a central angle of 900059, an arc distance of 56.56 feet to the True Point of Beginning. Containing 4.78 acres, more or less.

 

Tract III: A tract of land in the Southwest Quarter of Section 6, Township 51 North, Range 33 West, Kansas City, Platte County, Missouri, being described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 6; thence North 02318 East, along the East line of said Southwest Quarter, 292.48 feet; thence North 883149 West, 208.39 feet to a point on the North right-of-way line of Missouri Highway Route 152, as described in Book 521 at Page 549, in the Office of the Recorder of Deeds in Platte County, Missouri, said point being the True Point of Beginning of the Tract to be herein described; thence North 890006 West, along said North right-of-way line, 313.85 feet to a point 160.00 North of Missouri Route 152 Centerline Station 61+00; thence North 851332 West, along said North right-of-way line, 250.54 feet to a point 176.50 feet North of said Centerline Station 58+50; thence North 555811 West, along said North right-of-way line, 1944.21 feet to a point 315.9 feet East of Interstate Route 29 Centerline Station 640+50; thence North 441647 West, along the East right-of-way line of said Interstate Route 29, 300.04 feet to a point 166.90 feet East of Interstate Route 29 Centerline Station 638+00; thence North 113917 West, along said East right-of-way line, 218.98 feet to its intersection with the West line of the Southwest Quarter of said Section 6; thence North 002021 East, along said West line, 371.12 feet to a point on the Easterly right-of-way line of Missouri Route W, as now established; thence North 255633 East, along said Easterly right-of-way line, 191.62 feet; thence Northerly, along said Easterly right-of-way line, on a curve to the left, having an initial tangent bearing of North 250855 East, a radius of 289.18 feet, a central angle of 174731, an arc distance of 89.80 feet; thence North 072124 East, along said Easterly right-of-way line 156.75 feet to its intersection with the South right-of-way line of NW Tiffany Springs Road; thence South 853159 East, along said South right-of-way line, 313.15 feet to a point 66.00 feet South of the North line of said Southwest Quarter; thence South 885640 East, along said South right-of-way line, 302.07 feet to a point 66.00 feet South of said North line; thence Southerly along a curve to the right, tangent to the last described course, having a radius of 36.00 feet, a central angle of 880702, an arc distance of 55.37 feet; thence Southerly, along a curve to the left having a common tangent with the last described course, having a radius of 546.00 feet, a central angle of 550405, an arc distance of 524.77 feet; thence South 555342 East, 1234.06 feet; thence Easterly, along a curve to the left, tangent to the last described course, having a radius of 546.00 feet, a central angle of 323708, an arc distance of 310.84 feet; thence South 883050 East, 182.63 feet; thence Southerly along a curve to the right, tangent to the last described course having a radius of 36.00 feet, a central angle of 903230, an arc distance of 56.89 feet; to a point on the West right-of-way line of North Ambassador Drive; thence South 020139 West, along said West right-of-way line, 307.82 feet to a point 100.42 feet West of the East line of said Southwest Quarter; thence North 883149 West, along said West right-of-way line, 45.00 feet; thence South 012811 West, along said West right-of-way line, 357.90 feet to a point 152.17 feet West of said East line; thence South 185947 West, along said West right-of-way line, 166.03 feet to a point 205.14 feet West of said East line; thence South 012811 West, along said West right-of-way line, 169.90 feet to the True Point of Beginning. Containing 68.30 acres, more or less.

 

is hereby rezoned from Districts GP-3 (Regional Business) and GP-4 (High Density Residential) to District GP-3 (Regional Business), all as shown outlined on a map marked Section 80-11A0721, 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 "overall" storm drainage study for the entire development to Development Services for approval 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 necessary improvements as required by Development Services.

 

3. That the developer dedicate additional right of way for N.W. Tiffany Springs Road, N.W. Skyview, and N. Ambassador Drive as required by Development Services so as to provide the right of way as shown on the approved development plan.

 

4. 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.

 

5. 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.

 

6. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

7. That the developer secure a land disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

8. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

9. 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.

 

10. That the developer extend water mains as required by the Water Services Department.

 

11. That the developer provide access restrictions to prohibit direct vehicular access from any lots or units to M-152 or I-29, and that the restriction be placed on the Final Plat.

 

12. That the developer submit covenants, conditions and restrictions to Development Services for review by 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.

 

13. That the developer grant a Noise and Aviation Easement to the City as required by Development Services.

 

14. That the developer construct no structure which exceeds the KCIA height zoning restrictions.

 

15. That the developer submit a landscape and architectural final plan to the City Plan Commission for approval which includes detailed information on landscaping, lighting, architectural features and signage.

 

16. That the developer restrict development on any property determined to be within the 72 dBA noise level measured in L10 and as shown on the "Predicted Noise Level" aerial photo as supplied by the Missouri Department of Transportation associated with proposed M-152, and show this line on the final plat.

 

17. That the developer construct N. Skyview Avenue, from N. Ambassador Drive to N. Tiffany Springs Road, with two through lanes in each direction separated by variable median width as shown in the plan except at intersections and driveways where dedicated turn lanes are needed and as required by Development Services.

18. That the developer construct N. Ambassador Drive, from Highway 152 ramp to N. Skyview Avenue, with two through lanes in each direction separated by variable median width as shown in the plan except at intersections and driveways where dedicated turn lanes are needed and as required by Development Services.

19. That the developer construct dual northbound left turn lanes of 450 feet storage with appropriate tapers along N. Ambassador Drive at N. Skyview Avenue intersection as required by Development Services.

20. That the developer construct an eastbound left turn lane of 250 feet storage with appropriate taper along N. Skyview Avenue at N. Ambassador Drive intersection as required by Development Services.

21. That the developer construct an eastbound right turn lane of 250 feet storage with appropriate taper along N. Skyview Avenue at N. Ambassador Drive intersection as required by Development Services.

22. That the developer construct a southbound right turn lane of 200 feet storage with appropriate tapers along N. Ambassador Drive at N. Skyview Avenue intersection as required by Development Services.

23. That the developer pay 25 percent of the cost of installation of a traffic signal at the intersection of N. Ambassador Drive and N. Skyview Avenue as required by Development Services. The signal will be installed when warranted.

24. That the developer construct a northbound approach of the east drive (east signal) at N. Skyview Avenue intersection with three outbound lanes and two inbound lanes separated by a raised median of minimum 6 foot width and provide a minimum of 240 feet, as measured back of curb to back of curb, throat length with no driveway connections as required by Development Services.

25. That the developer construct an eastbound right turn lane of 120 feet storage with appropriate tapers along N. Skyview Avenue intersection with east drive (east signal) as required by Development Services.

26. That the developer construct a westbound left turn lane of 350 feet storage with appropriate tapers along N. Skyview Avenue intersection with east drive (east signal) as required by Development Services.

27. That the developer pay 50 percent of the cost of installation of traffic signal at the intersection of N. Skyview Avenue with east drive (east signal) as required by Development Services. The signal will be installed when warranted.

28. That the developer construct an eastbound right turn lane of 120 feet storage with appropriate tapers along N. Skyview Avenue intersection with west drive (west signal) as required by Development Services.

29. That the developer construct a westbound left turn lane of 325 feet storage with appropriate tapers along N. Skyview Avenue intersection with west drive (west signal) as required by Development Services.

30. That the developer construct a northbound approach of the west drive (west signal) at N. Skyview Avenue intersection with two outbound lanes and two inbound lanes separated by a raised median of minimum 6 foot width and provide a minimum of 240 feet, as measured back of curb to back of curb, throat length with no driveway connections as required by Development Services.

31. That the developer pay 50 percent of the cost of installation of traffic signal at the intersection of N. Skyview Avenue with west drive (west signal) as required by Development Services. The signal will be installed when warranted.

32. That the developer construct a temporary eastbound right turn lane of 200 feet storage with appropriate tapers along N. Tiffany Springs Road at N. Skyview Avenue intersection as required by Development Services.

33. That the developer pay 25 percent of the cost of installation of traffic signal at the intersection of N. Skyview Avenue with N. Tiffany Springs Road as required by Development Services. The signal will be installed when warranted.

 

34. That the developer apply to the Board of Zoning Adjustment for any and all necessary variances required by this plan.

 

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