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Legislation #: 060330 Introduction Date: 3/23/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN
Title: Approving an amendment to a previously approved preliminary plan in District C-2-p on approximately 15.05 acres generally located at the southwest corner of proposed 81st Terrace and N. Church Road/I-35. (9815-P-56)

Legislation History
DateMinutesDescription
3/22/2006 Filed by the Clerk's office
3/23/2006 Referred to Planning, Zoning & Economic Development Committee
4/12/2006 Advance and Do Pass as a Committee Substitute, Debate
4/13/2006 Passed as Substituted

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060330.pdf Authenticated 359K Authenticated
060330 fact sheet.doc Fact Sheet 71K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060330

Approving an amendment to a previously approved preliminary plan in District C-2-p on approximately 15.05 acres generally located at the southwest corner of proposed 81st Terrace and N. Church Road/I-35. (9815-P-56)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District C-2-p (Local Retail Business - Limited District) on approximately 15.05 acres generally located at the southwest corner of proposed 81st Terrace and N. Church Road/I-35 and more specifically described as follows: 

A tract of land in the Southeast Quarter of Section 11, and the Northeast Quarter of Section 14, all in Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Northwest corner of said Southeast Quarter; thence South 0o2645 West along the West line of said Southeast Quarter, 2074.95 feet; thence South 89o3315 East, 399.54 feet to the True Point of Beginning of the tract to be herein described; thence South 28o0341 West, 584.40 feet; thence South 61o5619 East, 900.00 feet; thence North 28o0341 East, 834.78 feet; thence North 61o5708 West, 88.77 feet; thence Westerly on a curve to the left, tangent to the last described course, having a radius of 800.00 feet, an arc distance of 454.88 feet; thence Westerly on a curve to the right, having a common tangent with the last described course, a radius of 800.00 feet, an arc distance of 404.61 feet to the True Point of Beginning. Containing 15.05 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer cause the area to be platted and processed or combined 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 storm drainage study for approval for the entire development and that the developer make any improvements as required.

 

3. That the developer submit plans for grading and siltation and erosion control for approval prior to beginning any construction activities.

 

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

 

5. That the developer provide for fire protection as required by the Fire Department.

 

6. That the developer include with the final plat cross-access easements and covenants for the maintenance of storm water detention as required.

 

7. That the developer secure a floodplain certificate prior to any work within the 100-year floodplain boundary.

 

8. That the developer extend sanitary sewer mains as required.

 

9. That the developer secure a site disturbance permit prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

10.       That the developer enter into a deferral agreement to construct a walkway along the west right of way for N. Church Road adjacent to developers automobile dealership, as permitted by the Missouri Department of Transportation. The deferral agreement shall require construction of the walkway adjacent to the dealership at such time as the walkway to the north or south is built to the boundary of the property to the north or south, so long as such adjacent walkway is constructed within ten (10) years of the date of the deferral agreement.

 

11. That the developer provide a pedestrian access easement for the proposed walkway along N. Church Road at the time of the construction of the walkway, as required by Development Services.

 

12. That the developer dedicate additional right of way for relocated N. Church Road as required by the Development Services so as to provide 80 feet of right of way for relocated N. Church Road.

 

13. That the developer improve N. Church Road to City standards to a 52 feet back-to-back pavement adjacent and through the site to the point where the subject property fronts on State Highway right of way and from that point south to 36 feet of pavement according to the Missouri Department of Transportation standards.

 

14. That the developer obtain the grading consents, and all grading, temporary construction and drainage easements from the abutting property owner prior to submitting any public improvements.

 

15. That the developer subordinate all private interest in the area of any right-of-way dedication as required.

 

16. That any relocated streetlights be integrated into the existing street light system as required by the City Engineers Office and Missouri Department of Transportation along State frontages.

 

17. That the developer show the limits of the 100-year floodplain on the final plat.

 

18. That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on the final plat.

 

19. That all driveways must meet the sight distance requirements as provided in the AASHTO Manual for traffic design.

 

20. That the developer submit a street tree planting plan as part of the final plat, secure the approval of the City Forester for street trees planted on right of way (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.

21. That the developer release other storm related easements both within and outside Tract A as required by Development Services.

 

22. That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, screening, berming, lighting (provide a photometric study, with the intent that there shall be no direct illumination beyond the property line and with zero footcandles of light at the southern plan district boundary line and reasonable light leakage along the other district boundary lines) and signage.

 

23. That the developer submit covenants, conditions and restrictions to 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.

A copy of the preliminary plan is on file in the office of the City Clerk with this ordinance and is made a part hereof. 

Section B. 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