ORDINANCE NO. 040491, AS AMENDED

 

Repealing Committee Substitute for Ordinance No. 031101 that amended Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0522, rezoning an area of approximately 18 acres generally located on the south side of N.W. Englewood Road and west of Missouri Highway 169 from District C-2 (Local Retail Business District) to District PD/C-2 (Planned District/Local Retail Business District), and approving a development plan for the same and enacting in lieu thereof a new ordinance of like subject matter that corrects Condition No. 6 to require 75 feet of right of way dedication rather than 150 feet. (12970-PD-6)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Committee Substitute for Ordinance No. 031101 is hereby repealed in its entirety.

 

Section B. 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 80-11A0522, rezoning an area of approximately 18 acres generally located on the south side of N.W. Englewood Road and west of Missouri Highway 169 from District C-2 (Local Retail Business District) to District PD/C-2 (Planned District/Local Retail Business District), said section to read as follows:

 

Section 80-11A0522. That an area legally described as:

 

TRACT 1-G: A tract of land in Section 34, Township 51, Range 33 East, more particularly described as follows: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of Section 34, Township 51, Range 33; thence North 00E2116 East, a distance of 35.00 feet to the true point of beginning; thence North 89E1440 West, a distance of 647.76 feet; thence South 00E3119 West, a distance of 639.05 feet; thence North 89E5736 East, a distance of 1078.58 feet; thence North 43E2433 East, a distance of 135.28 feet; thence North 84E4123 East, a distance of 22.81 feet; thence North 16E3542 East, a distance 204.68 feet; thence North 00E4259 West, a distance of 146.90 feet; thence North 16E0237 West, a distance of 186.00 feet; thence North 89E1313 West, a distance of 546.00 feet to the point of beginning. Containing 764,219.60 square feet or 17.5441 acres, more or less.

 

is hereby rezoned from District C-2 (Local Retail Business District) to District PD/C-2 (Planned District/Local Retail Business District), all as shown outlined on a map marked Section 80-11A0522, 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 C. 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, as amended, commonly known as the Subdivision Regulations.

 

2. That the developer submit a macro/micro storm drainage study for the entire development to the City Engineer's Office for approval when the first plat is submitted and that the developer construct any improvements as required by the City Engineer's Office.

 

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

 

4. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

 

5. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities.

 

6. That the developer dedicate additional right of way for N.W. Englewood Road as required by the Parks and Recreation Department so as to provide a minimum of 75 feet of right of way as measured from the centerline of N.W. Englewood Road.

 

7. That the developer comply with recommendations of the walkability plan, including provision of school crosswalks across N.W. Englewood Road at the intersection of Mercier Drive; adjacent sidewalks, signing and amenities; and ADA standard curb ramps as required by the Department of Public Works and the Department of City Development in conjunction with installation of turn lanes.

 

8. That the developer construct the access to the commercial development, as shown on the preliminary development plan, so as to meet AASHTO criteria for intersection sight distance, as required by the Department of Public Works.

 

9. That prior to issuance of certificates of occupancy for any buildings within the commercial plan, the developer construct a westbound left turn lane on N.W. Englewood Road at the access to the commercial development as shown on the preliminary plan of a minimum of 150 feet in length with adequate taper, as required by the Department of Public Works.

 

10. That prior to issuance of certificates of occupancy for any buildings within the commercial plan, the developer construct an eastbound right turn lane on N.W. Englewood Road at the access to the commercial development as shown on the preliminary development plan, of a minimum of 150 feet in length with adequate taper, as required by the Department of Public Works.

 

11. That prior to issuance of certificates of occupancy for any buildings within the first phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct an eastbound right turn lane on N.W. Englewood Road at the southbound on-ramp of Highway 169 of a minimum of 220 feet in length with adequate taper, as required by the Department of Public Works.

 

12. That prior to issuance of certificates of occupancy for any buildings within the first phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct an eastbound through lane on N.W. Englewood Road at the southbound on-ramp of Highway 169 of a minimum of 220 feet in length with adequate taper, as required by the Department of Public Works.

 

13. That prior to issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a 300 foot southbound right turn lane on the southbound off-ramp of Highway 169 at N.W. Englewood Road, in accordance with the traffic study as approved by the Department of Public Works.

 

14. That prior to the issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a 380 foot westbound right turn lane on N.W. Englewood Road at the northbound on-ramp of Highway 169, in accordance with the traffic study as approved by the Department of Public Works.

 

15. That the developer request that the Department of Public Works initiate an ordinance to establish or reestablish the grade on existing streets that are being improved, where roads are converted from private to public, or where existing grades change by more than six inches and the grades have been previously established, as required by the Department of Public Works.

 

16. That the developer subordinate to the City all private interest in the area of any right-of-way dedication and that the developer be responsible for all costs associated with subordination activities as required by the Department of Public Works.

 

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

 

18. That the developer integrate any relocated streetlights into the existing street light system as required by the Department of Public Works and, if along state highway frontage, the Missouri Department of Transportation.

 

19. That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including construction of curb, gutter, storm sewers, and sidewalks and installation of streetlights.

 

20. That the developer submit a street tree planting plan as part of the final plat and secure the approval of the City Forester for street trees planted in right-of-way in front of residential lots, with a final approved copy to be submitted to the City Planning and Development Department staff. The plan shall include size, type, species, and placement of trees or design guidelines stating this information. Further, that the developer either install said trees within one year of the issuance of the home certificate of occupancy or within two (2) years of the recording of the plat and agree to maintain and guarantee the life of the tree for a period of one year following the installation of the tree/s as required by the Department of Parks and Recreation or enter into a deferral agreement for the installation, maintenance and guarantee of the trees as required by the Department of Public Works.

 

21. That the developer obtain a floodplain certificate if any grading is to occur within a floodplain as required by the Department of Codes Administration.

 

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

 

23. 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.

 

24. That the developer extend and/or relocate water lines as required by the Water Services Department.

 

25. That the developer extend and or relocate sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots in accordance with City standards and determine adequacy as required by the Department of Public Works.

 

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

 

27. 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 signage

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 040491, 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