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Legislation #: 160379 Introduction Date: 5/12/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FOWLER AND COUNCILMEMBER LOAR
Title: Rezoning an approximately 20.10 acre tract of land generally located at the northeast corner of N.W. 88th Street and N. Platte Purchase Drive from District R-80 to District MPD, and approving a development plan that serves as a preliminary plat for one approximately 156,000 sq. ft. commercial building with fueling stations on one lot. (14663-MPD)

Legislation History
DateMinutesDescription
5/12/2016 Filed by the Clerk's office
5/12/2016 Referred to Planning, Zoning & Economic Development Committee
5/25/2016 Hold On Agenda (6/8/2016)
6/8/2016 Hold On Agenda (6/15/2016)
6/15/2016 Advance and Do Pass as a Committee Substitute, Debate
6/16/2016 Passed as Substituted

View Attachments
FileTypeSizeDescription
160379.pdf Authenticated 309K Authenticated
160379 Plan.pdf Plan 11394K Development Plan
160379 Staff Report.pdf Staff Report 661K Staff Report
160379 Fact Sheet.pdf Fact Sheet 700K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160379

 

Rezoning an approximately 20.10 acre tract of land generally located at the northeast corner of N.W. 88th Street and N. Platte Purchase Drive from District R-80 to District MPD, and approving a development plan that serves as a preliminary plat for one approximately 156,000 sq. ft. commercial building with fueling stations on one lot. (14663-MPD)

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 88-201054 rezoning an approximately 20.10 acre tract of land generally located at the northeast corner of N.W. 88th Street and N. Platte Purchase Drive from District R-80 (Residential dash 80) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-201054. That an area legally described as:

 

A tract of land in the Fractional Southwest Quarter of Section 03 and the Fractional Northwest Quarter of Section 10, both being in Township 51 North, Range 33 West, in Kansas City, Clay County, Missouri being more particularly described as follows:

 

COMMENCING at the Southwest corner of the said Fractional Northwest Quarter of Section 10-T51N-R33W; thence North 00 degrees 30 minutes 50 seconds East, along the West line of said Fractional Northwest Quarter of Section 10-T51N-R33W, a distance of 2,426.07 feet; thence South 89 degrees 29 minutes 10 seconds East, departing said West line, a distance of 60.81 feet, to the point of intersection of the East Right-of-Way line of N. Platte Purchase Drive, as established in Book 1246 at Page 502, and the North Right-of-Way line of NW 88th Street, as established in Book 3005 at Page 316, said point also being the point of beginning; thence North 03 degrees 01 minutes 14 seconds East, along the East Right-of-Way line of said N. Platte Purchase Drive, a distance of 345.85 feet; thence North 00 degrees 52 minutes 23 seconds East, continuing along said East Right-of-Way line, a distance of 240.00 feet; thence North 01 degrees 28 minutes 12 seconds East, continuing along said East Right-of-Way line, a distance of 220.37 feet, to the point of intersection of the East Right-of-Way line of said N. Platte Purchase Drive and the South Right-of-Way line of Missouri Highway No. 152, as established in Book 1246 at Page 502; thence North 66 degrees 24 minutes 12 seconds East, along said South Right-of-Way line, a distance of 543.46 feet; thence South 35 degrees 24 minutes 04 seconds East, departing said South Right-of-Way line, a distance of 126.41 feet; thence North 90 degrees 00 minutes 00 seconds East, a distance of 445.16 feet, to a point on a non-tangent curve; thence Southwesterly and Southerly, along a curve to the left, whose initial tangent bearing is South 28 degrees 55 minutes 43 seconds West, having a radius of 550.00 feet and through a central angle of 28 degrees 55 minutes 43 seconds, an arc length of 277.69 feet, to a point of tangency; thence South 00 degrees 00 minutes 00 seconds East, a distance of 320.74 feet, to a point of curvature; thence Southerly and Southeasterly, along a curve to the left, having a radius of 550.00 feet, and through a central angle of 22 degrees 21 minutes 03 seconds, an arc length of 214.55 feet, to a point on the North Right-of-Way line of said NW 88th Street; thence South 66 degrees 17 minutes 08 seconds West, along said North Right-of-Way line, a distance of 23.97 feet, to a point of curvature; thence Southwesterly and Westerly, continuing along said North Right-of-Way line and along a curve to the right, having a radius of 1,448.00 feet and through a central angle of 25 degrees 29 minutes 57 seconds, an arc length of 644.42 feet, to a point of tangency; thence North 88 degrees 12 minutes 55 seconds West, continuing along said North Right-of-Way line, a distance of 202.44 feet; thence North 89 degrees 59 minutes 44 seconds West, continuing along said North Right-of-Way line, a distance of 89.52 feet; thence North 89 degrees 28 minutes 38 seconds West, continuing along said North Right-of-Way line, a distance of 75.38 feet, to the point of beginning, containing 875,439 square feet or 20.0973 acres, more or less.

 

is hereby rezoned from District R-80 (Residential dash 80) to District MPD (Master Planned District), all as shown outlined on a map marked Section 88 -201054, 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 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, as amended.

 

2. The developer shall submit a storm drainage analysis from a Missouri licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

3. The developer must design and construct the eastern public street to City standards, as required by Chapter 88 and the Land Development Division, including curb, gutter, storm sewers, streetlights, and sidewalks.

 

4. The developer shall submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.

 

5. The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

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 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 occupancy permits.

 

8. 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.

 

9. 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.

 

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 shall dedicate additional right-of-way on the north side of the N.E. 88th Street so as to provide for a total of 92 feet of right-of-way, as required by the Public Works Department. 

 

12. The developer shall widen the north side of N.W. 88th Street between N. Platte Purchase Drive and a point 1400 feet east of the centerline of N Platte Purchase Drive so as to provide for five 12 feet wide lanes comprising two through lanes in each direction and a center left-turn lane, as shown on the development plan, transitioning to the existing street cross-section over a full length taper at the east end of said widening, as required by the Public Works Department. 

 

13. At the intersection of N.E. 88th Street with Platte Purchase Drive, the developer shall dedicate an additional twelve feet of right of way on the north side of N.E. 88th Street so as to provide for a total right-of-way width of 112 feet to accommodate all turn lanes at said intersection, as shown on the development plan, as required by the Public Works Department.   

 

14. At the intersection of N.W. 88th Street with N. Platte Purchase Drive, the developer shall extend the westbound right-turn lane by approximately 160 feet plus taper so as to provide for a dual right-turn lane, as required by the Public Works Department. 

 

15. The developer shall signalize the intersection of N.W. 88th Street and N. Platte Purchase Drive, as required by the Public Works Department. 

 

16. The developer shall obtain a permit from MODOT for work in the state right-of-way.  

 

17. The developer shall relocate, extend and abandon water mains as required by the Water Services Department.

 

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

 

19. The developer shall submit a final MPD Development Plan for each project or phase of the development to the City Plan Commission prior to issuance of a building permit. The final MPD Development Plan shall meet the development standards of Chapter 88-400 including plan information, property uses, setback distances, lighting (with a photometric study), landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery, (ii) buildings and dumpster elevation drawings, (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section, streetscaping, signage (including elevations), and architectural characteristics.

 

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 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