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Legislation #: 060765 Introduction Date: 7/13/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER COOPER AND COUNCILMEMBER FAIRFIELD
Title: Rezoning an area of approximately 10.07 acres generally located on the west side of N. Oak Trafficway, north of N.E. 95th Terrace, from District C-2 to District PD/C-2, and approving a development plan for the same. (13590-PD-1)

Legislation History
DateMinutesDescription
7/13/2006 Filed by the Clerk's office
7/13/2006 Referred to Planning, Zoning & Economic Development Committee
8/2/2006 Hold On Agenda (8/16/2006)
8/16/2006 Hold On Agenda (8/30/2006)
8/30/2006 Hold On Agenda (9/6/2006)
9/6/2006 Advance and Do Pass as Second Committee Substitute, Debate
9/7/2006 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
060765.pdf Authenticated 338K Authenticated
C013590PD1_STAFFRPT08_15_06.doc Staff Report 84K Staff Report

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060765

 

Rezoning an area of approximately 10.07 acres generally located on the west side of N. Oak Trafficway, north of N.E. 95th Terrace, from District C-2 to District PD/C-2, and approving a development plan for the same. (13590-PD-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, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0690, rezoning an area of approximately 10.07 acres generally located on the west side of North Oak Trafficway, north of N.E. 95th Terrace, from District C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail Business), said section to read as follows:

Section 80-11A0690. That an area legally described as:

 

All that part of the East Half of the Northwest Quarter of Section 2, Township 51, Range 33, Kansas City, Clay County, Missouri, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence North 8941'51" West along the North line of said Northwest Quarter, 626.55 feet to its intersection with the South right-of-way line of Northeast 96th Street, as recorded in Book 1205 at Page 756 in the office of the Recorder of Deeds in said Clay County, said point being the Northeast corner of a tract of land recorded in Book 5084 at Page 100 in said office of the Recorder and the True Point of Beginning; thence Southeasterly along said South right-of-way line, on a curve to the left, having an initial tangent bearing of South 6614'21" East, a radius of 1235.92 feet, a central angle of 2229'20", an arc distance of 485.11 feet; thence South 8843'41" East along said South right-of-way line, 55.19 feet; thence South 3818'46" East along said South right-of-way line, 88.66 feet to the West right-of-way line of North Oak Trafficway, as previously condemned; thence South 0143'50" West along said West right-of-way line, 167.06 feet; thence South 0009'12" West along said West right-of-way line, 565.48 feet; thence South 4500'07" West along said West right-of-way line, 29.09 feet to the North right-of-way line of Northeast 95th Terrace, formerly Craig Road, as now established and the North line extended of North Oak Crossing - First Plat, a subdivision of land recorded in Book F at Page 49 in said office of the Recorder; thence North 7720'52" West along said North right-of-way line and said North line of North Oak Crossing - First Plat, 525.41 feet to the Southeast corner of a tract of land recorded in Book 2279 at Page 963 in said office of the Recorder; thence North 0426'29" East along the East line of said tract and the extension thereof, 578.71 feet; thence North 7720'52" West, 200.00 feet to the East line of the aforementioned tract of land recorded in Book 5084 at Page 100; thence North 0426'29" East along said East line, 193.50 feet to the North line of said Northwest Quarter; thence South 8941'51" East along said North line, 94.44 feet to the True Point of Beginning. Containing 10.07 acres, more or less.

 

is hereby rezoned from District C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail Business), as shown outlined on a map marked Section 80-11A0690, 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 dedicate additional right of way for N. Oak Trafficway as necessary to accommodate a ten foot sidewalk, five foot greenspace between the sidewalk and curb, and a one foot setback between the sidewalk and right of way line as required by Development Services in satisfaction of the Citys bicycle route plan.

 

3. That the developer dedicate additional right of way for N.E. 95th Terrace for a collector street as required by the Development Services so as to insure a minimum of 30 feet of right of way as measured from the centerline of N.E. 95th Terrace.

 

4 That the developer improve the northern one-half of N.E. 95th Terrace to collector street standards as required by Development Services, including curbs, gutters, sidewalks, streetlights, turn lanes, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

5. That the developer dedicate additional right of way adjacent the plan frontage for the intersection of N.E. 96th Street and N. Oak Trafficway as required by Development Services to accommodate right turn lanes and dual left turn lanes at all approaches.

 

6. That the developer dedicate right of way for and construct a southbound right turn lane with taper on N. Oak Trafficway at the east development entrance as shown on the development plan as required by Development Services.

 

7. That the developer dedicate right of way for and construct an eastbound left turn lane with taper on N.E. 95th Terrace at the south development entrance as shown on the development plan as required by Development Services.

 

8. That the developer dedicate right of way for and enter into a secured deferral agreement for the construction of an eastbound right turn lane with taper on N.E. 96th Street at the north development entrance as shown on the development plan as required by Development Services, to be constructed at the time of the construction of an intersection or interchange at N.W. 96th Street and U.S. Highway 169.

 

9. That southbound left turns from the south development entrance onto N.E. 95th Terrace as shown on the development plan be prohibited until the construction of an intersection or interchange at N.W. 96th Street and U.S. Highway 169, and that said left turns be permitted upon completion of said construction subject to review and approval by the City of a traffic study, or that adequate sight distance for said left turns be provided as required by Development Services.

 

10. That the developer submit a macro/micro storm drainage study for the entire development to Development Services for approval at the time of submittal of the first plat, and that the developer construct any improvements as required by Development Services.

 

11. That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to the commencement of any construction activities.

 

12. 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.

 

13. That the developer shall 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 shall be responsible for all costs associated with subordination activities.

 

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

 

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

 

16. 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.

 

17. That adequate sight distance be provided for the street connection to N.E. 96th Street as required by Development Services.

 

18. 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.

 

19. 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.

 

20. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

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

 

22. That the developer secure the approval of the Missouri Highway and Transportation Department for any work within State right of way.

 

23. That the developer submit a final plan for each lot and tract to the City Plan Commission for approval, including detailed information on landscaping, (including canopy shade trees spaced a maximum average of 50 feet on center within the plan area along the public street frontages and both sides of Tract A), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line), sidewalks along both sides of Tract A, and building elevations (including screening of rooftop equipment on all buildings). A final plan for Tract C must be approved prior to or concurrent with final plan approval for Lots 4 or 5.

 

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