ORDINANCE NO. 100463
Rezoning an area of approximately
7.33 acres generally located at the northeast corner of N.E. 96th Street and
Interstate 435 from District R-1aa to District CP-2, and approving a
development plan for the same. (13994-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 80-11A0850, rezoning an area of approximately 7.33 acres
generally located at the northeast corner of N.E. 96th Street and Interstate 435
from District R-1aa (One-Family Dwellings, Low Density) to District CP-2 (Local
Planned Business Center), said section to read as follows:
Section 80-11A0850. That an area
legally described as:
A tract of land in
the Southwest Quarter of Section 33, 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 Northwest corner of said Southwest
Quarter; thence South 00 degrees 59 minutes 06 seconds West along the West line
of said Southwest Quarter, 1725.55 feet; thence South 89 degrees 00 minutes 54
seconds East, 431.65 feet to a point on the Easterly right of way line of
Interstate Route 435, as now established, as described in Missouri Trustee Deed
in Book 3482 at Page 164; thence North 75 degrees 57 minutes 18 seconds East,
72.21 feet; thence Southeasterly on a curve to left, having an initial tangent
bearing of South 00 degrees 08 minutes 30 seconds East, a radius of 300.00
feet, a central angle of 83 degrees 44 minutes 31 seconds, an arc distance of
438.47 feet; thence South 83 degrees 53 minutes 00 seconds East, 133.91 feet;
thence Southeasterly on a curve to the right, having a common tangent with the
last described course, a radius of 300.00 feet, a central angle of 53 degrees 53
minutes 40 seconds, an arc distance of 282.19 feet; thence North 60 degrees 00
minutes 39 seconds East, 73.90 feet; thence Northeasterly on a curve to the
right, having a common tangent with the last described course, a radius of
300.00 feet, a central angle of 26 degrees 29 minutes 31 seconds, an arc
distance of 138.71 feet to a point on the East line of the West One-Half of
said Southwest Quarter as described in said Book 3482 at Page 164; thence South
00 degrees 36 minutes 19 seconds West along the East line of said West
One-Half, 373.73 feet to the intersection of the North right of way line of N.E.
96th Street, as now established as described in Book 3482 at Page 164; thence
Westerly along said North right of way line on a curve to the left, having an
initial tangent bearing of North 77 degrees 04 minutes 09 seconds West (Deed –
North 77 degrees 04 minutes 06 seconds West), a radius of 989.93 feet, a
central angle of 17 degrees 18 minutes 50 seconds, an arc distance of 299.14
feet (Deed – 299.15 feet); thence South 85 degrees 37 minutes 01 seconds West
along said North right of way line, 177.10 feet (Deed – 177.08 feet); thence
North 04 degrees 22 minutes 59 seconds West, 65.00 feet to its intersection
with Easterly right of way line of Interstate Route 435, as described in Book
3482 at Page 164; thence South 85 degrees 37 minutes 01 seconds West along said
Easterly right of way line, 200.00 feet; thence North 49 degrees 22 minutes 47
seconds West along said Easterly right of way line, 70.72 feet; thence North 14
degrees 02 minutes 42 seconds West along said Easterly right of way line,
655.15 feet to the True Point of Beginning. Containing 319,101 square feet, or
7.33 acres, more or less.
is hereby rezoned from District
R-1aa (One-Family Dwellings, Low Density) to District CP-2 (Local Planned
Business Center), all as shown outlined on a map marked Section 80-11A0850,
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 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.
3. That the developer, prior to recording any plat:
a. dedicate all additional right-of-way necessary
on the north side of N.E. 96th Street as shown on the development plan, so as
to provide for construction of future Shoal Creek Parkway, as required by the Parks
and Recreation Department and Development Services.
b. dedicate right of way for, and construct, the
full width of Drive 1 as shown on the development plan, unless a revised
traffic study indicates the adequacy of a reduced cross section, as required by
Development Services.
c. construct the intersection of Drive 1 and N.E.
96th Street (future Shoal Creek Parkway) so as to provide a 100 feet long
southbound exclusive left-turn lane, and a 150 feet long eastbound exclusive
left-turn lane, plus all appropriate tapers, as required by the Public Works
Department and the Parks and Recreation Department.
d. modify the vertical and/or horizontal alignment
of N.E. 96th Street so as to provide adequate intersection sight distance at
the intersection of Drive 1 and N.E. 96th Street, as required by Development
Services, unless Shoal Creek Parkway has been previously constructed.
e. add a 50 feet long westbound exclusive left-turn
lane, plus appropriate taper, at the intersection of Drive 1 and N.E. 96th
Street (future Shoal Creek Parkway), as required by the Public Works Department
and the Parks and Recreation Department.
f. add a 300 feet long northbound exclusive
left-turn lane plus appropriate taper at the intersection of the I-435
northbound ramp and N.E. 96th Street (future Shoal Creek Parkway), or as
required by MODOT.
g. enter into a cooperative agreement or secured
deferral agreement to signalize the intersection of Drive 1 and N.E. 96th
Street (future Shoal Creek Parkway) and provide interconnection with any
existing interchange signalization at such time as the Public Works Department
staff determine that traffic signals are warranted and necessary, as required
by the Public Works Department and the Parks and Recreation Department.
4. That the developer enter into a secured deferral agreement
for the construction of the public street connection to the east plan boundary
approximately 300 feet north of N.E. 96th Street as shown on the development
plan at the time of dedication of its full right of way width, as required by Development
Services.
5. That the developer improve the interior streets to modified
collector street standards, as required by Development Services, as shown on
the approved development plan including curbs, gutters, storm sewers,
sidewalks, streetlights, existing roadway section transitions to meet vertical
and horizontal alignment standards, and relocation of utilities.
6. That the developer secure permits for the sidewalks within
the development at the time street improvement permits are secured, 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 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.
10. That the developer install hard surface roads and provide for
fire protection, as required by the Fire Department, prior to construction
beyond foundations.
11. That the developer extend/relocate water mains and grant
exclusive easements, as required by the Water Services Department.
12. 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.
13. 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.
14. 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.
15. That the developer secure permits for 5 foot wide sidewalks to
be constructed along all proposed interior street frontages on both sides of
the street, as required by Development Services, prior to recording the final
plat.
16. 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.
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 grant a BMP Easement to the City as
required by Development Services, prior to recording the plat.
19. 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 buffers or stormwater detention area tracts, prior to
recording the plat.
20. 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.
21. That the developer provide for adequate intersection sight
distance at all proposed or modified street and driveway intersections, as
required by the Department of Public Works and Development Services.
22. 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), signage (including elevations), lighting (including a photometric
study showing zero footcandles at the property line and no direct illumination
beyond the property line), incorporation of limestone/cast block into retaining
walls and signage abutting N.E. 96th Street, 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