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Legislation #: 081272 Introduction Date: 12/18/2008
Type: Ordinance Effective Date: 3/1/2009
Sponsor: COUNCILMEMBER FORD
Title: Rezoning an area of approximately 34.1 acres generally located at the southwest corner of N.W. Englewood Road and U.S. Highway 169 from District C-2 to District PD/C-2, and approving a development plan for the same.. (12970-PD-19)

Legislation History
DateMinutesDescription
12/18/2008 Filed by the Clerk's office
12/18/2008 Referred to Planning and Zoning Committee
1/7/2009 Hold On Agenda (2/4/2009)
2/4/2009 Advance and Do Pass as a Committee Substitute, Debate
2/5/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
C012970PD19_FACTSHT.xls Fact Sheet 87K Fact Sheet
C012970PD19_STAFFRPT02_03_09.doc Staff Report 132K Staff Report
aff of pub 081263.pdf Advertise Notice 63K Affidavit of Publication
advertising.pdf Advertise Notice 68K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081272

 

Rezoning an area of approximately 34.1 acres generally located at the southwest corner of N.W. Englewood Road and U.S. Highway 169 from District C-2 to District PD/C-2, and approving a development plan for the same.. (12970-PD-19)

 

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 80-11A0829, rezoning an area of approximately 34.1 acres generally located at the southwest corner of N.W. Englewood Road and U.S. Highway 169 from District C-2 (Local Retail Business) to District PD/C-2 (Planned Development/Local Retail Business), said section to read as follows:

 

Section 80-11A0829. That an area legally described as:

 

A tract of land in the Northeast Quarter and in the Northwest Quarter of Section 34, Township 51 North, Range 33 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 13 minuets 31 seconds West along the north line of said Northwest Quarter, 650.00 feet; thence South 0 degrees 21 minutes 49 seconds West, 35.00 feet to a point on the southerly right-of-way line of N.W. Englewood Road, as now established, said point being also the true point of beginning of the tract to be herein described; thence South 89 degrees 13 minutes 31 seconds East along said northerly line, 650.00 feet; thence South 89 degrees 12 minutes 40 seconds East along said northerly line, 969.05 feet; thence South 77 degrees 06 minutes 33 seconds East along said northerly line, 199.14 feet to a point on the westerly right-of-way line of U.S. Highway 169, as now established; thence South 04 degrees 47 minutes 43 seconds East along said westerly line, 1246.54 feet; thence North 89 degrees 12 minutes 57 seconds West along said westerly line, 166.50 feet; thence South 72 degrees 24 minutes 42 seconds West, 126.55 feet; thence northerly, on a curve to the left, having an initial tangent bearing of North 17 degrees 35 minutes 18 seconds West, a radius of 1450.00 feet, a central angle of 33 degrees 49 minutes 18 seconds, an arc distance of 855.94 feet; thence South 38 degrees 35 minutes 24 seconds West, 49.80 feet to a point on the northerly line of Kinsley Forest Estates Second Plat, a subdivision in Kansas City, Clay County, Missouri; thence North 89 degrees 59 minutes 27 seconds West along said northerly line, 508.11 feet; thence North 00 degrees 00 minutes 33 seconds East along said northerly line, 50.00 feet; thence North 89 degrees 59 minutes 27 seconds West along said northerly line, 577.94 feet; thence westerly, along said northerly line, on a curve to the left, tangent to the last described course, having a radius of 925.00 feet, a central angle of 02 degrees 25 minutes 59 seconds, an arc distance of 39.28 feet to a point on the easterly line of Kinsley Forest Estates First Plat, a subdivision in Kansas City, Clay County, Missouri; thence North 00 degrees 21 minutes 49 seconds East, along said easterly line, 639.08 feet to the true point of beginning. Containing 34.06 acres, more or less.

 

is hereby rezoned from District C-2 (Local Retail Business) to District PD/C-2 (Planned Development/Local Retail Business), all as shown outlined on a map marked Section 80-11A0829, 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 submit an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to clearance of the final plat and make necessary improvements as required by Development Services.

3. That at the time of platting of Phase 1, the developer either:

 

a) construct the following improvements, as shown on the development plan, including all associated traffic signal modifications, tapers, and transitions:

 

1. an additional eastbound through lane from Drive 1 to the Highway 169 interchange; and

 

2. an additional westbound through lane from the Highway 169 interchange to Drive 2, ending in a left turn lane; and

 

3. an additional 500 foot long southbound lane on southbound Highway 169 off ramp with appropriate tapers and transitions; and

 

4. traffic signal modification for protected phase for the eastbound left turn onto N. Summit Street; and

 

5. dual westbound left-turn lanes onto southbound Highway 169 on-ramp (under the 169 bridge for the entire length between ramp intersections); and

 

6. a channelized right turn from the northbound off-ramp; all as required by the Department of Public Works, the Department of Parks and Recreation and the Missouri Department of Transportation; and

 

7. an additional 200 foot long southbound lane on the Highway 169 southbound on-ramp terminated with a merge taper; or

 

b) enter into a cooperative agreement to contribute a sum of money to fund construction of roundabouts at the intersections of the Highway 169 ramps with N.W. Englewood Road, and that those roundabouts be completed prior to recording the final plat, as required by the Department of Public Works, the Department of Parks and Recreation and the Missouri Department of Transportation

 

4. That at the time of platting of Phase 2, the developer construct a 200 foot long westbound right turn lane onto the northbound Highway 169 ramp with appropriate tapers and transitions as required by the Department of Public Works, the Department of Parks and Recreation and the Missouri Department of Transportation, unless roundabouts have been constructed at the intersections of the Highway 169 ramps with N.W. Englewood Road.

 

5. That at the time of platting of Phase 3, the developer construct the following improvements, as shown on the development plan, including all associated traffic signal modifications, tapers, and transitions:

 

a. a 150 foot long southbound right turn lane on N. Summit Street with appropriate tapers and transitions; and

 

b. an eastbound right turn lane from Drive 1 to the Highway 169 southbound on-ramp;

 

all as required by the Department of Public Works, the Department of Parks and Recreation, and the Missouri Department of Transportation, unless roundabouts have been constructed at the intersections of the Highway 169 ramps with N.W. Englewood Road

 

6. That at the time of platting of Phase 2, and independent of any cooperative agreement for roundabout contribution, the developer signalize the intersection of Drive 2 and N.W. Englewood Road with dual westbound left turn lanes with appropriate tapers with protected phasing at such time as traffic signal warrants are met, and provide coordination with the Highway 169 ramp traffic signals, all as required by the Department of Public Works and the Department of Parks and Recreation.

 

7. 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.

 

8. That the developer construct all access points onto N.W. Englewood Road as shown on the preliminary development plan so as to meet AASHTO criteria for intersection sight distance, as required by Development Services.

 

9. That the developer construct Drive 2 as shown on the development plan along the frontage of each commercial phase at the time of platting of that phase, if not already constructed.

 

10. That the developer construct the extension of N.W. 55th Street from the plan boundary east to Drive 2 as shown on the development plan at the time of platting of Phase 1.

 

11. That the developer dedicate right of way at the northeast plan corner to accommodate a roundabout as required by the Department of Public Works, the Department of Parks and Recreation and the Missouri Department of Transportation

 

12. That the developer comply with recommendations of the walkability plan, including provision of school crosswalks across N.W. Englewood Road at the westernmost access (across from the school entrance); adjacent sidewalks, signing, and amenities; ADA standard curb ramps; and signing for the school crosswalk, as required by Development Services in conjunction with installation of turn lanes.

13. That the developer submit plans for grading and siltation and erosion control to Development Services for review and acceptance prior to beginning any construction activities.

14. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities disturbing one acre or more.

15. 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

 

16. That the developer design and construct all interior streets to City standards as required by Development Services, including construction of curb, gutter, storm sewers, and sidewalks and installation of streetlights.

17. That the developer construct off-site temporary cul-de-sacs as required by Development Services.

18. That the developer integrate any relocated streetlights into the existing street light system as required by Development Services.

 

19. That the developer extend/relocate public and private water mains and grant exclusive easements as required by the Water Services Department.

 

20. 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 Development Services.

 

21. That the developer obtain a floodplain certificate if any grading is to occur within a floodplain as required by Development Services.

 

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

 

23. That the final plat include a statement prohibiting direct vehicular access onto N.W. Englewood Road and Missouri Highway 169 from all lots and tracts as shown on the development plan.

 

24. 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.

 

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

 

26. That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

27. 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 be responsible for all costs associated with subordination activities now and in the future.

 

28. That the developer grant a Surface Drainage Easement to the City as required by Development Services, prior to recording the plat.

 

29. That the developer grant a BMP Easement to the City as required by Development Services, prior to recording the plat.

 

30. That the developer submit covenants, conditions and restrictions to Development Services)for review and acceptance by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

31. 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.

 

32. That the developer submit a final plan for each phase, including tracts, to the City Plan Commission for approval, including detailed information on landscaping (including canopy shade trees a maximum average of 50 feet on center along public street frontages), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line)and building elevations.

 

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 have been given and hearings have been held as required by the Zoning Ordinance.

 

_____________________________________________

 

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