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Legislation #: 110102 Introduction Date: 2/10/2011
Type: Ordinance Effective Date: 3/27/2011
Sponsor: None
Title: Rezoning an area of approximately 3.63 acres generally located on the southeast corner of N. Brighton Avenue and N.E. Soccer Drive from District RA to District CP-2, and approving a preliminary development plan for the same. (14101-CP)

Legislation History
DateMinutesDescription
2/9/2011 Filed by the Clerk's office
2/10/2011 Referred to Planning and Zoning Committee
3/9/2011 Do Pass as a Committee Substitute
3/10/2011 Assigned Third Read Calendar as Substituted
3/17/2011 Passed as Substituted

View Attachments
FileTypeSizeDescription
110102.pdf Authenticated 289K AUTHENTICATED
110102.pdf Other 173K Addl documents
Maps 0K Plan map is on file in the City Clerk's Office
110101, 102, 103, 104, 105, 106.pdf Advertise Notice 51K Affidavit of Publication
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110102 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110102
C014101CP_FACTSHT.xls Fact Sheet 130K Fact Sheet
C014101CP_staffrpt_12_21_10.doc Staff Report 136K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 110102

 

Rezoning an area of approximately 3.63 acres generally located on the southeast corner of N. Brighton Avenue and N.E. Soccer Drive from District RA to District CP-2, and approving a preliminary development plan for the same. (14101-CP)

 

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 80-11A0879, rezoning an area of approximately 3.63 acres generally located on the southeast corner of N. Brighton Avenue and N.E. Soccer Drive from District RA (Agricultural) to District CP-2 (Local Planned Business Centers), said section to read as follows:

 

Section 80-11A0879. That an area legally described as:

 

A tract of land in the Southeast Quarter of Section 8 and Northeast Quarter of Section 17, all in Township 51 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri being bounded and described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 88 degrees 43 minutes 44 seconds East, along the North line of said Northeast Quarter, 56.00 feet to the Point of Beginning of the tract of land to be herein described; thence North 00 degrees 30 minutes 42 seconds East, along a line 56.00 feet East of and parallel with the West line of said Southeast Quarter, 71.55 feet; thence Northeasterly, along a curve to the right having an initial tangent bearing of North 23 degrees 35 minutes 04 seconds East with a radius of 75.00 feet, a central angle of 67 degrees 27 minutes 16 seconds and an arc distance of 88.30 fee to a point on the South right-of-way line of N.E. 80th Street, (also known as N.E. 76th Street), as now established; thence South 88 degrees 57 minutes 39 seconds East, along said South right-of-way line, 157.18 feet; thence Easterly, continuing along said South right-of-way line, on a curve to the right, having an initial tangent bearing of South 82 degrees 45 minutes 46 seconds East with a radius of 1,767.12 feet, a central angle of 06 degrees 27 minutes 58 seconds and an arc distance of 199.42 feet; thence South 12 degrees 30 minutes 00 seconds West, 66.14 feet; thence South 01 degrees 16 minutes 16 seconds West, 296.96 feet; thence North 88 degrees 43 minutes 44 seconds West, 406.92 feet; thence North 00 degrees 47 minutes 53 seconds East, along a line 56.00 feet East of and parallel with the West line of said Northeast Quarter, 275.00 feet to the Point of Beginning. Containing 157,942 square feet or 3.63 acres, more or less.

 

is hereby rezoned from District RA (Agricultural) to District CP-2 (Local Planned Business Centers), all as shown outlined on a map marked Section 80-11A0879, 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 update the traffic study and make improvements as identified in the approved Traffic Study and make the following improvements:

 

a)                  That the developer modify the development plan to show appropriate taper lengths in accordance with current design standards, as required by the Public Works Department and the Development Services Division.

 

b)                  That the developer modify the development plan to show modifications to the southeast corner of the intersection of N. Brighton Avenue and N.E. Soccer Drive so as to accommodate turning of an AASHTO Single Unit Truck and City Bus Design Vehicle, as required by the Public Works Department and the Development Services Division.

 

c)                  That the developer construct modifications to the southeast corner of the intersection of N. Brighton Avenue and N.E. Soccer Drive so as to accommodate turning of an AASHTO Single Unit Truck and City Bus Design Vehicle, as required by the Public Works Department and the Development Services Division.

 

d)                 That the developer enter into a cooperative agreement to contribute twenty-five percent of the cost of installing traffic signals at the intersection of N. Brighton Avenue and N.E. Soccer Drive, said contribution not to exceed $50,000.00, as required by the Public Works Department. Said traffic signals shall be installed at such time that the Public Works Department determines that the traffic signals are warranted by traffic demand, and that adequate funding is available.

 

e)                  That the developer enter into a cooperative agreement to contribute twenty-five percent of the cost of interconnecting said future traffic signals at the intersection of N. Brighton Avenue and N.E. Soccer Drive with adjacent traffic signals that are existing, as required by the Public Works Department. Said interconnection shall be installed when the Public Works Department determines that funding is available and the future traffic signals at the intersection of N. Brighton Avenue and N.E. Soccer Drive are installed.

 

f)                   That adequate intersection sight distance be provided at all development entrance intersections along N.E. Soccer Drive, as required by Development Services.

 

g)                  That the developer correct Sheet 3 of the development plan so as to show dedication of future right-of-way matching that shown on Sheet 5.

 

h)                  That the developer construct a suitable raised channelizing island at the west driveway of the commercial development property so as to restrict traffic turning movements at the driveway to right-in and right-out only, as required by the Public Works Department and the Development Services Division.

 

i)                    That the developer dedicate a minimum of 46 feet of right-of-way on the south side of N.E. Soccer Drive as measured from street centerline for a secondary arterial street and bike route on the City's Major Street Plan and Bike Route Plan.

 

j)                    That the developer dedicate an additional six feet of right-of-way on the south side of N.E. Soccer Drive at the intersection with N.E. Brighton Avenue to provide for a total of 52 feet of right-of-way from the street centerline so as to allow for a left-turn lane with 150 feet of storage plus suitable taper, as required by the Public Works Department and the Development Services Division.

 

k)                  That the developer dedicate additional right-of-way on the east side of N. Brighton Avenue to provide for a minimum of 56 feet of right-of-way as measured from the street centerline so as to allow for a primary arterial and bike route on the Major Street Plan, as required by the Public Works Department and the Development Services Division.

 

l)                    That the developer dedicate an additional twelve feet right-of-way on the east side of N. Brighton Avenue at the intersection with N.E. Soccer Drive to provide for a total of 68 feet of right-of-way as measured from the street centerline so as to allow for a northbound right-turn lane with 100 feet of storage plus appropriate taper, as required by the Public Works Department and the Development Services Division.

 

m)                That the developer dedicate such additional right-of-way as required to accommodate future lane configurations in the vicinity of the intersection of N. Brighton Avenue and N.E. 80th Street, as shown on the development plan, as required by the Public Works Department and the Development Services Division.

 

n)                  That the developer dedicate an additional 6 feet of right-of-way on the south side of N.E. Soccer Drive to provide for a left-turn lane plus appropriate tapers at the proposed adjacent full access driveway on the adjacent property to the east, as required by the Public Works Department and the Development Services Division.

 

o)                  That prior to the first plat, the adjacent property to the east be platted and the adjacent full access driveway and access street on the east be constructed.

 

p)                  That, unless N.E. Soccer Drive is widened to a four-lane cross-section, a left-turn lane with a minimum of 50 feet of storage plus appropriate tapers be constructed on N.E. Soccer Drive, prior to the first plat, at the proposed adjacent full access development entrance on the adjacent property to the east.

 

2.                  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.

 

3.                  That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study, including a BMP level of service analysis, to be submitted for each phase at the time of final platting, and that the developer secure permits to construct any improvements as required by Development Services prior to recording the plat.

 

4.                  That the developer dedicate additional right of way for a secondary arterial with turn lanes and a bike lane as required by Development Services so as to provide right-way as shown on the approved development plan, but in no case less than 46 feet in width as measured from the centerline of N.E. Soccer Drive.

 

5.                  That the developer dedicate additional right of way for a primary arterial with turn lane and a bike lane, as required by Development Services so as to provide right-way as shown on the approved development plan, but in no case less than 56 feet in width as measured from the centerline of N. Brighton Avenue.

 

6.                  That the developer secure permits to make improvements required by the traffic study as required by Development Services, prior to recording the plat.

 

7.                  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.

 

8.                  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.

 

9.                  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.

 

10.              That after the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications within the planned boundary without the prior written consent of Development Services.

 

11.              The developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

 

12.              The developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

13.              The developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat.

 

14.              The developer secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat.

 

15.              That the developer provide access restrictions to prohibit direct vehicular access to N. Brighton Avenue from the lot and that the restriction be placed on the final plat.

 

16.              That the developer obtain floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

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

 

18.              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.

 

19.              That the developer grant a surface drainage easement to the City as required by Development Services, on the final plat.

 

20.              That the developer grant a BMP easement to the City, as required by Development Services, on the final plat.

 

21.              That the developer submit a final stream buffer plan, prepared in accordance with Section 88-415, for review and acceptance by Development Services, with the final plat application.

 

22.              That the developer show and label the final stream buffer zones on the final plat within a private open space tract.

 

23.              That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.

 

24.              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.

 

25.              That the developer submit a street tree planting plan prior to or concurrent with the submittal of the final plat and secure the approval of the City Forester for street trees planted on right of way in front of residential lots, with a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer shall agree to plant in accordance with the plan approved by the City Forester.

 

26.              The developer submit a final plan to the City Plan Commission for approval, indicating plans for landscaping, grading, signage, building elevations, lighting and a photometric study showing zero footcandles at the property lines. The signage shall meet the requirements of the new Section 88-445 of the Development Code.

 

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 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