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Legislation #: 090332 Introduction Date: 4/23/2009
Type: Ordinance Effective Date: 5/31/2009
Sponsor: None
Title: Rezoning an area of approximately 12.85 acres generally located at the southwest corner of N.E. 108th Street and N. Eastern Avenue from District R-2b to District CP-2, and approving a preliminary development plan for the same. (12124-CP-2)

Legislation History
DateMinutesDescription
4/23/2009 Filed by the Clerk's office
4/23/2009 Referred to Planning and Zoning Committee
5/13/2009 Do Pass
5/14/2009 Assigned to Third Read Calendar
5/21/2009 Passed

View Attachments
FileTypeSizeDescription
090332.pdf Authenticated 251K AUTHENTICATED
090331,332,333,334.pdf Advertise Notice 8K Advertise Notice
12124-CP-2 Docket map.pdf Maps 77K Docket Map
C012124CP2_FACTSHT.xls Fact Sheet 66K Fact Sheet
C012124CUP4_STAFFRPT02_03_09.doc Staff Report 95K Staff Report

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ORDINANCE NO. 090332

 

Rezoning an area of approximately 12.85 acres generally located at the southwest corner of N.E. 108th Street and N. Eastern Avenue from District R-2b to District CP-2, and approving a preliminary development plan for the same. (12124-CP-2)

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 80-11A0839, rezoning an area of approximately 12.85 acres generally located at the southwest corner of N.E. 108th Street and N. Eastern Avenue from District R-2b (Two-Family Dwellings) to District CP-2 (Local Planned Business Center), said section to read as follows:

 

Section 80-11A0839. That an area legally described as:

 

A tract of land in the Southeast Quarter of Section 28, Township 52 North, Range 32 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Northeast corner of said Southeast Quarter; thence South 00 degrees 25 minutes 36 seconds West along the East line of said Southeast Quarter, 73.79 feet; thence North 89 degrees 34 minutes 24 seconds West, 45.97 feet to a point on the Westerly right-of-way line of N. Eastern Avenue, as established by Book 5108 in Page 170, said point being also the True Point of Beginning of the tract to be herein described; thence South 00 degrees 25 minutes 42 seconds West (D-South 00 degrees 25 minutes 02 seconds West) along said Westerly line, 20.77 feet (D-20.78 feet); thence Southerly, along said Westerly line, on a curve to the right, tangent to the last described course, having a radius of 854.00 feet, a central angle of 26 degrees 34 minutes 27 seconds, an arc distance of 396.09 feet; thence South 27 degrees 00 minutes 09 seconds West (D-South 26 degrees 59 minutes 29 seconds West) along said Westerly line, 167.07 feet; thence North 62 degrees 59 minutes 51 seconds West, 37.32 feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of 340.00 feet, a central angle of 07 degrees 21 minutes 33 seconds, an arc distance of 43.67 feet; thence Westerly, on a curve to the left, having a common tangent with the last described course, a radius of 200.00 feet, a central angle of 21 degrees 56 minutes 52 seconds, an arc distance of 76.61 feet; thence South 87 degrees 42 minutes 25 seconds West, 42.79 feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of 330.00 feet, a central angle of 26 degrees 20 minutes 01 seconds, an arc distance of 151.67 feet; thence South 63 degrees 01 minutes 03 seconds West, 27.01 feet; thence Westerly, on a curve to the right, tangent to the last described course, having a radius of 15.00 feet, a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 23.56 feet; thence North 26 degrees 58 minutes 57 seconds West, 124.27 feet; thence Northerly, on a curve to the right, tangent to the last described course, having a radius of 350.00 feet, a central angle of 21 degrees 55 minutes 39 seconds, an arc distance of 133.95 feet; thence South 85 degrees 44 minutes 18 seconds West, 310.04 feet; thence North 88 degrees 35 minutes 59 seconds West, 323.51 feet to a point on the West line of the East One-half of said Southeast Quarter; thence North 00 degrees 28 minutes 26 seconds East along said West line, 381.03 feet to a point on the Southerly right-of-way line of N.E. 108th Street, as now established; thence South 88 degrees 35 minutes 10 seconds East along said Southerly line, 1249.22 feet; thence Easterly, on a curve to the right, tangent to the last described course, having a radius of 25.00 feet, a central angle of 89 degrees 00 minutes 52 seconds, an arc distance of 38.84 feet to the True Point of Beginning. Containing 12.85 acres, more or less.

 

is hereby rezoned from District R-2b (Two-Family Dwellings) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80-11A0839, 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 dedicate right of way for primary arterial with a bicycle lane as required by Development Services so as to provide a minimum of 56 feet of right of way as measured from the centerline of N.E. 108th Street.

 

3. That, prior to issuance of any building permit for Phase 1, the developer construct N.E. 106th Street as a public street from N. Eastern Avenue west to the commercial driveway as shown on the development plan, with a temporary public turnaround if needed, as required by the Department of Public Works.

 

4. 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.

 

5. That no final plat be recorded until the intersection of N.E. 108th Street and N. Eastern Avenue is improved so as to provide for a minimum of one 100 feet long northbound left-turn lane, one northbound through lane, one 175 feet long northbound right-turn lane, one southbound lane, one 100 feet long eastbound left-turn lane, one eastbound through lane, one 100 feet long eastbound right-turn lane, one 100 feet long westbound left-turn lane, and one westbound through-right lane, plus all appropriate tapers and transitions, and other improvements to N. Eastern Avenue and N.E. 108th Street, as shown on the approved development plan, as required by the Department of Public Works.


6. That the developer secure permits for the construction of sidewalks along N. Eastern Avenue and N.E. 108th Street and along tract frontages, as shown on the approved development plan, at the time street improvement permits are secured prior to recording the plat, as required by Development Services.

 

7. 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, prior to recording the plat.

 

8. 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, prior to recording the plat.

 

9. 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.

 

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 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.

 

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

 

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

 

14. 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.

 

15. That 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.

 

16. That the developer provide adequate sight distance for each street connection to N. Eastern Avenue and N.E. 108th Street as required by Development Services.

 

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

 

18 That the developer submit covenants, conditions and restrictions to Development Services for approval 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.

 

19. 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.

 

20. That the developer submit a final plan 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 and the internal drive in Phase 1), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line, and a maximum luminaire height of 18 feet) and building elevations (including similar architectural detail on all sides of each building).

 

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