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Legislation #: 090474 Introduction Date: 6/4/2009
Type: Ordinance Effective Date: 7/5/2009
Sponsor: COUNCILMEMBER SHARP AND COUNCILMEMBER JOLLY
Title: Rezoning an area of approximately 185.6 acres generally located at the northwest corner of Missouri Highway 150 and Botts Road from District RA to District URD, and approving a preliminary development plan for the same. (14025-URD)

Legislation History
DateMinutesDescription
6/2/2009 Filed by the Clerk's office
6/4/2009 Referred to Planning and Zoning Committee
6/24/2009 Advance and Do Pass as a Committee Substitute, Debate
6/25/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090474.pdf Authenticated 370K AUTHENTICATED
C014025URD_STAFFRPT06_16_09.doc Staff Report 85K Staff Report
C014025URD_FACTSHT.xls Fact Sheet 76K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090474

 

Rezoning an area of approximately 185.6 acres generally located at the northwest corner of Missouri Highway 150 and Botts Road from District RA to District URD, and approving a preliminary development plan for the same. (14025-URD)

 

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 80-11A0843, rezoning an area of approximately 185.6 acres generally located at the northwest corner of Missouri Highway 150 and Botts Road from District RA (Agricultural) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0843. That an area legally described as:

 

All that part of the South 1/2 of Section 27, Township 47, Range 33, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the northeast corner of the Southeast Quarter of said Section 27; thence South 0 degrees 09 minutes 34 seconds West, along the east line of said Section 27, a distance of 100.00 feet; thence South 89 degrees 44 minutes 38 seconds West, a distance of 20.00 feet, to the most easterly southeast corner of a tract of land described in Document No. 98-K-28961 in Book K3209 at page 68 said point being on the west right-of-way line of Botts Road, as established by County Record Book 15 at page 314, said point also being the point of beginning of the tract of land to be herein described; thence South 0 degrees 09 minutes 34 seconds West, along said right-of-way line, a distance of 1469.01 feet to the north terminus of a strip of land for right of way for Botts Road described in Document No. B-572006, in Book B-5948, page 282; thence North 89 degrees 50 minutes 26 seconds West, along said right of way line, a distance of 10.00 feet, thence South 0 degrees 09 minutes 34 seconds West, continuing along said right-of-way line, a distance of 509.31 feet, to a point on the westerly right of way of Botts Road as described in Document No.1999K0067541; thence South 25 degrees 42 minutes 17 seconds West, along said right of way line, a distance of 67.37 feet to an angle point therein; thence South 0 degrees 09 minutes 34 seconds West, continuing along said right of way line, a distance of 433.17 feet, to a point on the north right-of-way line of Missouri Highway No. 150, as described in Document No. 1999K0067541; thence the following courses along said north right-of-way line: South 64 degrees 34 minutes 48 seconds West, a distance of 83.58 feet; thence North 89 degrees 58 minutes 21 seconds West, a distance of 219.87 feet; thence South 81 degrees 20 minutes 21 seconds West, a distance of 165.94 feet; thence North 89 degrees 58 minutes 21 seconds West, a distance of 82.02 feet; thence North 78 degrees 07 minutes 15 seconds West, a distance of 251.42 feet; thence North 89 degrees 56 minutes 40 seconds West, a distance of 164.04 feet; thence South 72 degrees 31 minutes 46 seconds West, a distance of 172.00 feet; thence North 89 degrees 58 minutes 21 seconds West, a distance of 164.04 feet; thence North 80 degrees 08 minutes 12 seconds West, a distance of 83.36 feet; thence North 89 degrees 56 minutes 15 seconds West, a distance of 83.09 feet; thence North 0 degrees 01 minutes 39 seconds East, a distance of 54.13 feet; thence North 89 degrees 56 minutes 15 seconds West, a distance of 131.23 feet; thence South 0 degrees 01 minutes 39 seconds West, a distance of 54.13 feet; thence North 89 degrees 58 minutes 21 seconds West, a distance of 32.21 feet; thence South 80 degrees 04 minutes 25 seconds West, a distance of 83.02 feet; thence South 89 degrees 57 minutes 15 seconds West, a distance of 541.32 feet; thence North 79 degrees 33 minutes 33 seconds West, a distance of 166.77 feet; thence North 89 degrees 56 minutes 15 seconds West, a distance of 164.04 feet; thence South 78 degrees 45 minutes 17 seconds West, a distance of 50.18 feet; thence North 89 degrees 56 minutes 15 seconds West, a distance of 196.85 feet; thence South 71 degrees 45 minutes 48 seconds West, a distance of 69.12 feet; thence South 89 degrees 56 minutes 39 seconds West, a distance of 426.51 feet; thence North 87 degrees 32 minutes 42 seconds West, a distance of 57.46 feet, to a point on the east line of a tract of land described in Document No. 98-K-28961 in Book K3209 at page 68; thence North 6 degrees 39 minutes 59 seconds East, along said east line and departing said right-of-way line, a distance of 2335.94 feet, to an angle point in said east line; thence North 68 degrees 00 minutes 34 seconds East, continuing along said east line, a distance of 532.50 feet; thence North 89 degrees 44 minutes 38 seconds East, along the south line of said tract of land, a distance of 2636.07 feet, to the point of beginning. Containing 185.528 acres, more or less.

 

The above description was prepared by Anderson Survey Company and is a combination of Document No. 2001K 0051973, Document No. 98K 28961, in Book K-3209, page 68, Document No. 1999K 0067541 and Document No. 2004E 00500006.

 

is hereby rezoned District RA (Agricultural) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0843, 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, prior to the issuance of any final certificate of occupancy, the following improvements be made to Botts Road, all as required by the Department of Public Works and Development Services:

 

a. that Botts Road be widened to a five lane cross section from Highway 150 to the north development entrance, with appropriate taper from the north development entrance to the north plan boundary to match the existing three lane cross section in the City of Grandview

 

b. that the intersection of Botts Road with the north development driveway be constructed so as to provide for the following:

 

(1) a shared left-through-right-turn lane in the eastbound direction;

 

(2) an exclusive left-turn lane with 300 feet of storage, a through lane, and an exclusive right-turn lane, in the northbound direction, plus all appropriate tapers; and

 

(3) an exclusive left-turn lane with 100 feet of storage, and a shared through-right-turn lane that will extend from the Grandview City limits to the north development driveway, in the southbound direction, plus all appropriate tapers.

 

c. that the intersection of Botts Road with the south development driveway be constructed, as required by the Development Services and Public Works Department, so as to provide for the following:

 

(1) a shared through-left-turn lane, and an exclusive right-turn lane in the eastbound direction, plus all appropriate tapers;

 

(2) an exclusive left-turn lane with 300 feet of storage, a through lane, and a shared through-right-turn lane, in the northbound direction, plus all appropriate tapers; and

 

(3) an exclusive left-turn lane or median with 300 feet of storage, a through lane, and a shared through-right-turn lane, in the southbound direction, plus all appropriate tapers.

 

d. that a five foot sidewalk be constructed on the east side of Botts Road from a point opposite the north development entrance north to the existing sidewalk in the City of Grandview

 

3. That the developer dedicate additional right of way for Botts Road to accommodate the street improvements as shown on the development plan.

 

4. That prior to recording of the final plat the developer shall enter into a cooperative agreement and contribute half of the cost of providing and installing actuated traffic signals at the intersection of Botts Road and the south development driveway, including all associated intersection modifications, signing, striping and coordination of said traffic signals at the intersection of Botts Road at the south development driveway with the traffic signals at the MO-150 interchange ramp intersections on Botts Road, as required by the Public Works Department and Development Services. Said traffic signals shall be installed at such time that the Public Works Department determines they are funded, warranted, and necessary. Said half contribution sum shall not exceed $100,000.00 in the year 2009 and shall be increased by a compounded annual rate of five percent per year thereafter so as to account for annual increases in costs of constructing traffic signals, provided that no interest will be calculated or required following the date of contribution.

 

5. That the developer submit a macro/micro storm drainage study to Development Services for review and acceptance for the entire development when the first plat is submitted, and that the developer construct any improvements as required by Development Services.

 

6. That the developer grant a pedestrian right-of-way easement, for the portion of the public sidewalks outside of the street right-of-way, to the City as required by Development Services, prior to recording the final plat.

 

7. That the developer secure permits to construct the sidewalk along the east side of the property, as required by Development Services, prior to recording the plat.

 

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

 

9. That 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.

 

10. 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.

 

11. That 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.

 

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

 

13. That the developer grant a Surface Drainage Easement to the City as required by Development Services, on the final plat.

 

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

 

15. That the developer submit a final stream buffer plan, prepared in accordance with Chapter 65, for review and acceptance by Development Services, with the final plat application and secure the associated permits prior to recording the plat.

 

16. That the final stream buffer zones be shown and labeled on the final plat within a stream buffer easement.

 

17. 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.

 

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

 

19. That the developer provide exclusive water main easements and cause the relocation of water mains as required by the Water Services Department.

 

20. That the developer extend private branch service piping as required by the Water Services Department.

 

21. That the developer dedicate a minimum 30 foot wide public trail easement from Botts Road to the west line of Parcel Two as shown on the development plan, as required by Development Services.

 

22. That the developer construct a public pedestrian/bicycle trail in accordance with standards adopted in Trails KC plan from Botts Road west to the southwest corner of the pedestrian trail system as shown on the development plan, as required by Development Services, prior to issuance of any certificate of occupancy.

 

23. That the developer enter into a covenant agreement for the maintenance of the amenity tract along Botts Road, as required by Development Services, prior to recording the plat.

 

24. That the developer submit a final plan to the Director of City Development for approval, including detailed information on landscaping (including a maximum of 15 parking stalls between landscaped islands where stalls do not abut a landscaped area, or acceptable alternatives per staff approval), 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 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