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Legislation #: 160560 Introduction Date: 7/28/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FOWLER AND COUNCILMEMBER LOAR
Title: Rezoning an area of approximately 15 acres generally located at the northeast corner of Missouri Route 152 and N. Ambassador Drive from Districts B3-3 and R2.5 to District B3-3, and approving a development plan for a commercial development of the property, including seven commercial buildings and five lots, which plan also serves as a preliminary plat. (6029-P-31 and 6029-P-32)

Legislation History
DateMinutesDescription
7/28/2016 Filed by the Clerk's office
7/28/2016 Referred to Planning, Zoning & Economic Development Committee
8/10/2016 Advance and Do Pass, Consent
8/10/2016 Advance and Do Pass as a Committee Substitute, Debate
8/11/2016 Passed as Substituted

View Attachments
FileTypeSizeDescription
160560.pdf Authenticated 287K 160560 Authenticated
160560 Plan.pdf Plan 8986K Plan
160560 Staff Report.pdf Staff Report 408K Staff Report
160560 Fact Sheet.pdf Fact Sheet 421K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160560

 

Rezoning an area of approximately 15 acres generally located at the northeast corner of Missouri Route 152 and N. Ambassador Drive from Districts B3-3 and R2.5 to District B3-3, and approving a development plan for a commercial development of the property, including seven commercial buildings and five lots, which plan also serves as a preliminary plat. (6029-P-31 and 6029-P-32)

 

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

  Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A1061, on approximately 15 acres generally located at the northeast corner of Missouri Route 152 and N. Ambassador Drive, rezoning the site from Districts B3-3 (Community Business/Commercial (Dash 3)) and R2.5 (Residential 2.5) to District B3-3 (Community Business/Commercial (Dash 3)) and approving a development plan for a commercial development of the property, including seven commercial buildings and five lots, which plan also serves as a preliminary plat, said section to read as follows:

 

Section 88-20A1061. That an area legally described as:

 

A tract of land in the Southeast Quarter of Section 6, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North 00 degrees 23 minutes 10 seconds East, along the West line of said Southeast Quarter, 454.63 feet; thence South 89 degrees 36 minutes 50 seconds East, 44.69 feet to a point on the North right-of-way line of Missouri Highway 152, as now established, said point also being the point of beginning of the tract of land to be herein described; thence North 01 degrees 28 minutes 12 seconds East, along said North right of way line, 523.17 feet; thence North 88 degrees 31 minutes 55 seconds West, continuing along said North right-of-way line, 31.00 feet to a point on the East right-of-way line of N. Ambassador Drive, as now established; thence North 05 degrees 18 minutes 08 seconds East, along said East right-of-way line, 104.73 feet; thence North 01 degrees 28 minutes 11 seconds East, continuing along said East right-of-way line, 203.48 feet; thence Northeasterly, continuing along said East right-of-way line, on a curve to the right, being tangent to the last described course with a radius of 36.00 feet, a central angle of 90°00'59" and an arc distance of 56.56 feet to a point on the South right-of-way line of N.W. 90th Street, as now established; thence South 88 degrees 30 minutes 50 seconds East, along said South right-of-way line, 509.44 feet; thence Easterly, continuing along said South right-of-way line, on a curve to the right, being tangent to the last described course with a radius of 190.00 feet, a central angle of 34 degrees 50 minutes 44 seconds and an arc distance of 115.55 feet; thence South 53 degrees 39 minutes 19 seconds East, continuing along said South right-of-way line, 329.97 feet; thence South 20 degrees 05 minutes 22 seconds West, 125.25 feet; thence South 27 degrees 51 minutes 29 seconds West, 526.19 feet to a point on the North right-of-way line of said Missouri Highway 152; thence North 89 degrees 00 minutes 32 seconds West, along said North right-of-way line, 122.68 feet; thence South 56 degrees 00 minutes 02 seconds West, continuing along said North right-of-way line, 85.35 feet; thence North 89 degrees 00 minutes 27 seconds West, continuing along said North right-of-way line, 434.38 feet to the point of beginning. Containing 652,644 square feet or 14.98 acres, more or less.

 

is hereby rezoned from Districts B3-3 (Community Business/Commercial (Dash 3)) and R2.5 (Residential 2.5) to District B3-3 (Community Business/Commercial (Dash 3)), all as shown outlined on a map marked Section 88-20A1061, 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 in accordance with Section 88-20 thereof.

 

Section B. That a development plan (which will also serve as the preliminary plat) for the area legally described above is hereby approved, subject to the following conditions:

 

1.  The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

2.  The developer must submit a macro storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer to the Land Development Division showing compliance with current adopted standards in effect at the time of submission, including Water Quality BMP's, to the Land Development Division for review and acceptance for the entire development area, and submit a micro storm drainage study with each subsequent plat or phase showing compliance with the approved Macro and adopted standards.  The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat or prior to issuance of a building permit, whichever occurs first as required by the Land Development Division. 

 

3.   The developer shall submit plans to Land Development Division and obtain permits to construct sidewalks along the platted frontage, for N.W. 88th Street, and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach. 

 

4.  The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, to identify sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project.  The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits. 

 

5.  The developer shall verify vertical and horizontal sight distance for the drive connection to the public right-of-way and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.  

 

6.  The developer must pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

7.  The developer must obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

8.  The owner/developer must submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

9.  The developer must secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit whichever occurs first.

 

10. The developer must grant a BMP Easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

11.  The developer must enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division, prior to recording the plat.

 

12. The developer shall reconfigure the westbound lanes at the N. Ambassador Drive and N.W. Skyview Avenue/N.W. 88th Street intersection to include two left-turn lanes and a single shared through/right-turn lane. Left-turn signal heads should be configured for protected-only phasing and the westbound protected/permissive right-turn signal should be removed.

 

13.  The developer shall construct the right-in/right-out drive as shown on the development plan with a northbound auxiliary deceleration lane of approximately 90 feet in length with a 100 foot long taper per Missouri Department of Transportation standard design policy.

 

14. The developer shall provide wider sewer easements as required by the Water Services Department. 

 

15. The developer shall extend private water mains as required by the Water Services Department. 

 

16. The developer shall provide fire protection as required by the Fire Marshal’s Office.

 

17. The developer shall submit a final development plan with the City Planning and Development Department after approval of and before the lapse of a preliminary development plan.  The site plan shall include information regarding property uses, setback distances, lighting, landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots, show proposed pedestrian circulation, and include elevation drawings of buildings and signage.

18. Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

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 and Development Code have been given and had.

 

______________________________________________

 


I hereby certify that as required by Chapter 88, 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