COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 001697
Amending
Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0332,
rezoning an area of approximately 26.43 acres generally located on the east
side of N. Woodland Avenue extending approximately 1,250 feet to the east and
the north side of N.E. Staley Road extending approximately 1,100 feet to the
north from District C-2 (Local Retail Business) to District PD/C-2 (Planned
District/Local Retail Business), and approving a development plan for the
same. (11659-PD-5)
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri,
1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a
new section to be known as Section 80-11A0332, rezoning an area of
approximately 26.43 acres generally located on the east side of N. Woodland
Avenue extending approximately 1,250 feet to the east and the north side of
N.E. Staley Road extending approximately 1,100 feet to the north from District
C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail
Business), said section to read as follows:
Section
80-11A0332. That an area legally described as:
All that part of the Northeast Quarter of
Section 25, Township 52, Range 33, Kansas City, Clay County, Missouri, being
described as follows: Commencing at the Southwest corner of said Northeast
Quarter; thence North 042'59" East, along
the West line of said Northeast Quarter, 245.06 feet to the True Point of
Beginning of the tract to be herein described; thence continuing North 042'59" East, along said West line,
1102.85 feet; thence South 8916'24"
East, 298.58 feet; thence Easterly, along a curve to the right, tangent to the
last described course, having a radius of 340.00 feet, an arc distance of
204.14 feet; thence South 5452'19"
East, 171.98 feet; thence Easterly, along a curve to the left, tangent to the
last described course, having a radius of 350.00 feet, an arc distance of
210.21 feet; thence South 8917'01"
East, 319.66 feet; thence South 042'59"
West, 172.21 feet; thence Southeasterly, along a curve to the left, tangent to
the last described course, having a radius of 300.00 feet, an arc distance of
295.02 feet; thence South 3422'17"
West, 105.30 feet; thence Southwesterly, along a curve to the right, tangent to
the last described course, having a radius of 300.00 feet, an arc distance of
74.32 feet; thence South 4833'53"
West, 217.36 feet; thence Southerly, along a curve to the left, tangent to the
last described course, having a radius of 300.00 feet, an arc distance of
168.28 feet; thence South 1625'34"
West, 151.25 feet; thence Westerly, along a curve to the left, having an
initial tangent bearing of North 7234'39"
West, a radius of 2712.00 feet, an arc distance of 818.35 feet; thence North 8952'00" West, 80.26 feet to the True
Point of Beginning. Containing 26.43 acres, more or less.
is
hereby rezoned from District C-2 (Local Retail Business) to District PD/C-2
(Planned District/Local Retail Business), all as shown outlined on a map marked
Section 80-11A0332, 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 be platted and processed in accordance with Chapter
66, Code of Ordinances of Kansas City, Missouri, as amended, commonly known as
the Subdivision Regulations
2. That the
developer submit a storm drainage study for the entire development to the City
Engineers Office for approval and that the developer make any necessary
improvements as required by the City Engineers Office.
3. That the
developer submit plans for grading and siltation and erosion control to the
City Engineers Office for approval prior to the commencement of any
construction activities.
4. That the
developer dedicate additional right of way for Shoal Creek Parkway as required
by the Board of Parks and Recreation Commissioners so as to provide 100 feet of
right of way as measured from the centerline of Shoal Creek Parkway.
5. That the
developer dedicate additional right of way for N. Woodland Avenue (proposed
Maplewoods Parkway) as required by the Department of Public Works so as to
provide 75 feet of right of way as measured from the centerline of N. Woodland
Avenue (proposed Maplewoods Parkway).
6. That the
developer improve Shoal Creek Parkway by grading the full right of way width of
four lanes and constructing two lanes to parkway street standards as required
by the Board of Parks and Recreation Commissioners, including construction of
curb, gutter, sidewalks and installation of streetlights.
7. That the
developer secure a land disturbance permit from the Department of Public Works
prior to beginning any construction, grading, clearing or grubbing activities,
if the disturbed area exceeds one acre.
8. That the
developer secure a land disturbance permit from the Missouri Department of
Natural Resources.
9. That the
developer install hard surface roads and provide for fire protection as
required by the Fire Department prior to construction beyond foundations.
10. That the
developer extend water mains as required by the Water Services Department.
11. That the
developer submit a street tree planting plan as part of the final plat with a
copy to be submitted to the Department of City Development, secure the approval
of the City Forester for street trees planted on right of way in front of
residential lots, and plant the street trees in conformance with the plan
approved by the City Forester. The plan shall include size, type, species and
placement of trees.
12. That the
developer construct sidewalks along all non-single family residential lots and
tracts as required by the Department of Public Works prior to the recording of
the plat.
13. That developer
construct temporary cul-de-sacs as required by the Department of Public Works.
14. That the
developer submit a street name signage plan for the entire development plan
area to the Street Naming Committee for approval prior to submittal of the
first final plat.
15. That the
developer extend sanitary sewers as required by the Department of Public Works.
16. That the
developer obtain a floodplain certificate from the Department of Codes Administration
prior to beginning any construction activities within the floodplain.
17. That the
developer show the limits of the floodplain on the final plat as required by
the Department of Public Works.
18. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to contribute $134.00 per frontage
foot for a total of $387,260.00 along N. Woodland Avenue at time of platting.
19. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to contribute 24.5% or a maximum
of $36,750.00 of the cost of the traffic signal at the intersection of N.
Woodland Avenue (proposed Maplewoods Parkway) and N.E. L.P. Cookingham Drive at
time of platting of the commercial area located at the northeast corner of N.
Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the
time the traffic signal warrant is met.
20. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to contribute 34.5% or a maximum
of $51,750.00 of the cost of the traffic signal at the intersection of N.
Woodland Avenue (proposed Maplewoods Parkway) and N.E. 100th Street at time of
platting of the commercial area located at the northeast corner of N. Woodland
Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the
traffic signal warrant is met.
21. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to contribute 38.5% or a maximum
of $57,750.00 of the cost of the traffic signal at the intersection of N.
Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road at time of
platting of the commercial area located at the northeast corner of N. Woodland
Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the
traffic signal warrant is met, unless such improvement is already installed on
N. Woodland Avenue (proposed Maplewoods Parkway).
22. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to contribute 37% or a maximum of
$55,500.00 of the cost of the traffic signal at the intersection of N. Woodland
Avenue (proposed Maplewoods Parkway) and N.E. 106th Street at time of platting
of the commercial area located at the northeast corner of N. Woodland Avenue
(proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the traffic
signal warrant is met, unless such improvement is already installed on N.
Woodland Avenue (proposed Maplewoods Parkway).
23. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to contribute 24.5% or a maximum
of $36,750.00 of the cost of the traffic signal at the intersection of N.E.
100th Street and N. Indiana Avenue at time of platting of the commercial area
located at the northeast corner of N. Woodland Avenue (proposed Maplewoods
Parkway) and N.E. Staley Road, or at the time the traffic signal warrant is
met, unless a roundabout is constructed at this intersection.
24. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to construct a 100 foot long
southbound left turn lane on N. Woodland Avenue (proposed Maplewoods Parkway)
at N.E. Staley Road at time of platting of the commercial area located at the
northeast corner of N. Woodland Avenue and N.E. Staley Road, unless such
improvement is already constructed on N. Woodland Avenue (proposed Maplewoods
Parkway) .
25. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to construct a 50 foot long
southbound left turn lane on N. Woodland Avenue (proposed Maplewoods Parkway)
at the main collector street located approximately 1900 feet south of N.E.
Staley Road at time of platting of the commercial area located at the northeast
corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley
Road, unless such improvement is already constructed on N. Woodland Avenue
(proposed Maplewoods Parkway).
26. That the
developer enter into an agreement with the City as required by the Department
of Public Works whereby the developer agrees to contribute 17% of the cost to
construct a 100 foot long southbound left turn lane on N. Woodland Avenue
(proposed Maplewoods Parkway) at N.E. 100th Street at time of platting of
the commercial area located at the northeast corner of N. Woodland Avenue
(proposed Maplewoods Parkway) and N.E. Staley Road, unless such improvement is
already constructed on N. Woodland Avenue (proposed Maplewoods Parkway).
27. That the
developer provide adequate sight distance at any street that connects to N.
Woodland Avenue (proposed Maplewoods Parkway) as required by the Department of
Public Works.
28. That the
developer submit a final plan to the City Plan Commission for approval,
including detailed information on landscaping, grading, signage (including
elevations), and building elevations.
A
copy of said development plan is on file in the office of the City Clerk under
Document No. 001697, 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:
___________________________________
Assistant
City Attorney