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Legislation #: 050472 Introduction Date: 4/21/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN AND COUNCILMEMBER SKAGGS
Title: Approving an amendment to a previously approved preliminary plan in District C-2-p on an approximately 15.05 acre tract of land generally located at the southwest corner of proposed 81st Terrace and N. Church Road/I-35. (9815-P-54)

Legislation History
DateMinutesDescription
4/21/2005 Filed by the Clerk's office
4/21/2005 Referred to Planning, Zoning & Economic Development Committee
5/18/2005 Hold On Agenda (5/25/2005)
5/25/2005 Advance and Do Pass as Second Committee Substitute, Debate
5/26/2005 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
050472.pdf Authenticated 223K Authenticated
aff050472,476.pdf Advertise Notice 58K aff
050472.pdf Advertise Notice 32K LABELS

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050472

Approving an amendment to a previously approved preliminary plan in District C-2-p on an approximately 15.05 acre tract of land generally located at the southwest corner of proposed 81st Terrace and N. Church Road/I-35. (9815-P-54)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District C-2-p (Local Retail Business Limited District) on an approximately 15.05 acre tract of land generally located at the southwest corner of proposed 81st Terrace and N Church Road/I-35 and more specifically described as follows: 

A tract of land in the Southeast Quarter of Section 11, and the Northeast Quarter of Section 14, all in Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Northwest corner of said Southeast Quarter; thence South 0o2645 West along the West line of said Southeast Quarter, 2074.95 feet; thence South 89o3315 East, 399.54 feet to the True Point of Beginning of the tract to be herein described; thence South 28o0341 West, 584.40 feet; thence South 61o5619 East, 900.00 feet; thence North 28o0341 East, 834.78 feet; thence North 61o5708 West, 88.77 feet; thence Westerly on a curve to the left, tangent to the last described course, having a radius of 800.00 feet, an arc distance of 454.88 feet; thence Westerly on a curve to the right, having a common tangent with the last described course, a radius of 800.00 feet, an arc distance of 404.61 feet to the True Point of Beginning. Containing 15.05 acres, more or less.

is hereby approved, subject to the following conditions:

1.                  That a revised preliminary plan be submitted to the City Planning and Development Department showing:

 

a. A revision date. A walkway, subject to a deferral agreement, along the west right of way for N. Church Road adjacent to the property described above as permitted by Missouri Highways and Transportation Department.

b. Include the approved plan for that portion located on the north side of proposed NE 81st Terrace.

c. Current horizontal control dimensioning of the relationship between N Flintlock Road and the west edge of the development.

d. Show Existing sanitary and storm sewers, water mains, gas mains greater than 6 inches, culverts, and other major above or below ground distribution or transmission lines within the proposed subdivision or immediately adjacent thereto. (See 66-43 (d) (7, 10 and 12)

e. Show any pipelines that run through the property and areas of right of way dedication requiring subordination of first rights, which currently encumber the proposed right of way presented on the plan.

f. Show full extents of the plat and adjacent infrastructure important to this development. (See 66-43 (d) (6, 7 and 10)

g. Show Existing Conditions (including width of all rights of ways, easement, and roadways).

h. Show sidewalks as they exist adjacent to project frontage, and correctly w/in R/W. Also, label proposed sidewalks or sidewalks, which need to be constructed / reconstructed.

i. Show all required off-site easements for utilities, grading, and/or street improvements that are to be obtained by the Developer. (See 66-43 (d) (11).

j. Depict concept for storm water detention, volume controls, or treatment areas as appropriate and show how project is to be managed by storm water facilities (including public systems, detention areas/tracts, approximate grading, etc.) showing that the project can be feasibly designed in accordance with APWA 5600 adopted Standards. Off-site systems (natural, proposed, or existing) should be shown for purposes of conveying conceptually how systems will be connected, and 100-year conveyance paths.

k. Depict typical sections showing elements of standard street section improvement, including sidewalks, curb and gutters, pavement widths, street grades, etc. in relation to proposed right of way. Show Existing and Proposed Utilities (ALL) and label as such on the phase drawings.

l. Show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year flood prone area on the final plan

 

2. That the developer cause the area to be platted and processed or combined in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

3. That the developer submit a storm drainage study for approval for the entire development and that the developer make any improvements as required.

 

4. That the developer submit plans for grading and siltation and erosion control for approval prior to beginning any construction activities.

 

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

 

6. That the developer provide for fire protection as required by the Fire Department.

 

7. That the developer include with the final plat cross-access easements and covenants for the maintenance of storm water detention as required.

 

8. That the developer secure a floodplain certificate prior to any work within the 100-year flood boundary.

 

9. That the developer extend sanitary sewer mains as required.

 

10. That the developer secure a Site Disturbance Permit prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

11.              That the developer enter into a deferral agreement to construct a walkway along the west right of way for N. Church Road adjacent to developers automobile dealership, as permitted by the Missouri Highway and Transportation Department. The deferral agreement shall require construction of the walkway adjacent to the dealership at such time as the walkway to the north or south is built to the boundary of the property to the north or south, so long as such adjacent walkway is constructed within ten (10) years of the date of the deferral agreement.

 

12. That the developer dedicate additional right of way for relocated N. Church Road as required by the Department of Public Works so as to provide 80 feet of right of way for relocated N. Church Road.

 

13. That the developer improve N. Church Road to City standards to a 52 feet back-to-back pavement adjacent and through the site to the point where the subject property fronts on State Highway right of way and from that point south to 36 feet of pavement according to the Missouri State Highway and Transportation Department standards.

 

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

 

15. That the developer subordinate all private interest in the area of any right-of-way dedication as required.

 

16. That any relocated street lights be integrated into existing street light system as required by the City Engineers Office and Missouri Highway and Transportation Department along State frontages.

 

17. 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 with zero footcandles of light at the southern plan district boundary line and reasonable light leakage along the other district boundary lines) and signage.

 

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

 

19. 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 flood prone area on the final plat.

 

20. That all driveways must meet the sight distance requirements as provided in the AASHTO Manual for traffic design.

 

21. That the developer submit a street tree planting plan as part of the final plat, secure the approval of the City Forester for street trees planted on right of way (with a copy to be submitted to the City Development Department staff), and agree to plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

A copy of said preliminary plan is on file in the office of the City Clerk with this ordinance, which is attached hereto and made a part hereof. 

Section B. 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