ORDINANCE NO. 060584
Rezoning an area of approximately
29 acres generally located on the east side of M-291 (N.E. Cookingham Drive)
and on either side of N.E. 104th Street from Districts CP-2, PD/RA, R-5 and
R-1aa to District CP-2, and approving a development plan for the same.
(6056-CP-18)
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 80-11A0679, rezoning an area of approximately 29 acres
generally located on the east side of M-291 (N.E. Cookingham Drive) and on
either side of N.E. 104th Street from Districts CP-2 (Local Planned Business
Center), PD/RA (Planned Development Overlay/Agricultural), R-5 (High
Apartments) and R-1aa (One-Family Dwellings, Low Density) to District CP-2 (Local Planned Business Center), said section to read as follows:
Section 80-11A0679. That an area
legally described as:
A tract of land in
Sections 26 and 35, Township 52 North, Range 32 West in Kansas City, Clay
County, Missouri, described as follows: Commencing at the Northeast corner of
the Northeast Quarter of Section 35; thence North 89 degrees, 31 minutes, 51
seconds West, along the North line of the Northeast Quarter, 2633.14 feet, to
the Northwest corner of the Northeast Quarter of Section 35; thence North 89
degrees, 32 minutes, 21 seconds West, along the North line of the Northwest
Quarter, 811.26 feet, to the existing Easterly Right-Of-Way of Missouri Route
291; thence, South 23 degrees, 00 minutes, 32 seconds East, along the existing
Right-Of-Way, 136.52 feet, to the point of beginning; thence North 66 degrees,
59 minutes, 28 seconds East, 26.00 feet; thence South 77 degrees, 14 minutes, 51
seconds East, 341.34 feet; thence South 86 degrees, 08 minutes, 24 seconds
East, 87.19 feet; thence South 88 degrees, 56 minutes, 51 seconds East, 131.06
feet; thence North 65 degrees, 56 minutes, 59 seconds East, 60.00 feet, to a
non-tangent curve to the right; thence along the curve, having an Initial
Tangent Bearing of North 24 degrees, 03 minutes, 01 seconds West, a radius of
270.00 feet, and an arc length of 225.52 feet, to a point of tangency; thence
North 23 degrees, 48 minutes, 25 seconds East, tangent to last curve, 19.45
feet; thence South 66 degrees, 11 minutes, 35 seconds East, 75.36 feet; thence
North 82 degrees, 28 minutes, 10 seconds East, 294.59 feet; thence North 88
degrees, 04 minutes, 59 seconds East, 70.35 feet; thence South 86 degrees, 40
minutes, 43 seconds East, 217.62 feet; thence South 00 degrees, 28 minutes, 09
seconds West, 44.20 feet, to a non-tangent curve to the right; thence along
the curve, having an Initial Tangent Bearing of North 79 degrees, 36 minutes,
10 seconds East, a radius of 740.00 feet, and an arc length of 140.34 feet, to
a point of tangency; thence South 89 degrees, 31 minutes, 51 seconds East,
tangent to last curve, 165.50 feet; thence South 00 degrees, 28 minutes, 09
seconds West, 80.00 feet; thence North 89 degrees, 31 minutes, 51 seconds West,
165.50 feet, to a curve to the left; thence along curve, tangent to last
course, having a radius of 660.00 feet, and an arc length of 166.26 feet;
thence South 00 degrees, 28 minutes, 09 seconds West, 297.43 feet; thence South
21 degrees, 27 minutes, 43 seconds East, 220.36 feet; thence South 66 degrees,
59 minutes, 28 seconds West, 236.07 feet; thence South 23 degrees, 00 minutes,
32 seconds East, 50.00 feet, to a non-tangent curve to the left; thence along
the curve, having an Initial Tangent Bearing of South 66 degrees, 59 minutes,
28 seconds West, a radius of 15.00 feet, and an arc length of 23.56 feet;
thence South 66 degrees, 59 minutes, 28 seconds West, non-tangent to last
curve, 60.00 feet; thence South 23 degrees, 00 minutes, 32 seconds East,
238.05 feet, to a point of curvature; thence along a curve to the left,
tangent to last course, having a radius of 330.00 feet, and an arc length of
30.52 feet, to a point of reverse curvature; thence along a curve to the
right, tangent to last curve, having a radius of 15.00 feet, and an arc length
of 20.05 feet, to a point of tangency; thence South 48 degrees, 17 minutes, 04
seconds West, tangent to last curve, 631.95 feet; thence South 66 degrees, 59
minutes, 28 seconds West, 137.72 feet, to a point on the existing Easterly
Right-Of-Way of Missouri Route 291; thence, along the existing Right-Of-Way,
the following seven courses: North 23 degrees, 00 minutes, 32 seconds West,
776.94 feet; North 66 degrees, 59 minutes, 28 seconds East, 5.00 feet; North 23
degrees, 00 minutes, 32 seconds West, 575.00 feet; North 66 degrees, 59
minutes, 28 seconds East, 5.00 feet; North 23 degrees, 00 minutes, 32 seconds
West, 65.00 feet; South 66 degrees, 59 minutes, 28 seconds West, 10.00 feet;
North 23 degrees, 00 minutes, 32 seconds West, 70.39 feet, to the point of
beginning, containing 28.35 acres, more or less.
is hereby rezoned from Districts
CP-2 (Local Planned Business Center), PD/RA (Planned Development
Overlay/Agricultural), R-5 (High Apartments) and R-1aa (One-Family Dwellings,
Low Density) to District CP-2 (Local Planned Business Center), all as shown
outlined on a map marked Section 80-11A0679, 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 submits 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 a
secondary arterial as required by Development Services so as to provide a
minimum of right of way as shown on development plans 6056-CP-18 and
6056-CUP-17 for N.E. 104th Street.
4. That the portion of N.E. 104th Street from M-291 to Phase
A-1, as shown on the approved development plans, be constructed prior to
approval of the first final plat for the residential development of Case No.
6056-CUP-17.
5. That the developer design and construct all interior streets
to City standards as required by Development Services, including curb, gutter,
storm sewers, streetlights, and sidewalks.
6. That temporary off-site cul-de-sacs be constructed as
required by Development Services.
7. 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.
8. 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 shall be responsible for all costs associated
with subordination activities.
9. That the developer secure permits to construct or reconstruct
existing sidewalks, curb, gutter, 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, curb and gutter 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.
10. That the developer submit a street name signage plan for the
entire development area for approval by the Street Naming Committee prior to
submittal of the first final plat.
11. That the developer submit plans for grading, siltation, and
erosion control to Development Services for approval and permitting prior to
beginning any construction activities.
12. 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.
13. That the developer obtain a floodplain certificate from
Development Services prior to beginning any construction activities with the
floodplain.
14. That the developer show the limits of the 100-year floodplain
on the final plat.
15. 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.
16. That the developer extend water mains as required by the Water
Services Department.
17. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
18. 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.
19. That the developer submit covenants, conditions and
restrictions to the Law Department for approval for the maintenance of private
open space and for fencing material and heights of fencing along M-291 and N.E. 104th Street, and enter into a covenant agreement for the maintenance of any stormwater
detention area tracts.
20. That the developer submit a final CP District site plan for
review by the City Plan Commission including detailed information on
landscaping and signage (including elevations). The landscaping plan shall
identify adequate area for planting of trees and shrubs within the parking
lot.
A copy of said development plan
is on file in the office of the City Clerk under this ordinance, which is
attached hereto and 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