City Council Information Form DATE: 10/29/2015 ASSIGNED STAFF: Michael Weisenborn DEPARTMENT: Development Center TYPE OF FORM: Ordinances Form No.: 5087 APPROVALS: dept: MWeisen 10/21/2015 ISSUE/REQUEST: AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CP 2 TO RP 4 ON APPROXIMATELY 7.24 ACRES LOCATED AT 3620 NE AKIN DR, LOT 16 CHAPEL RIDGE BUSINESS PARK, FOR THE PROPOSED CHAPEL RIDGE 4 PLEX DEVELOPMENT, AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR CHAPEL RIDGE 4 PLEXES, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. KEY ISSUES: On September 6, 2001 the subject property was zoned District CP 2 by the passage of the Unified Development Ordinance No. 5209 which reclassified zoning districts citywide, effective November 1, 2001. The Unified Development Ordinance provides for the approval of a preliminary development plan by the City following public hearings by the Planning Commission and City Council. On July 31, 2015 CEAH Realtors made application requesting a change in zoning classification from District CP 2 (Planned Community Commercial District) to District RP 4 (Planned Apartment Residential District) on land located at 3620 NE Akin Drive and approval of a preliminary development plan for Chapel Ridge 4 plexes. On September 22, 2015, after due public notice in the manner prescribed by law, the Planning Commission held a public hearing for the consideration of the preliminary development plan and rendered a report to the City Council recommending that the zoning requested and preliminary development plan be approved. On October 15, 2015, after due public notice in the manner prescribed by law, the City Council held a public hearing and rendered a decision to approve the zoning requested and preliminary development plan for said property. On October 15, 2015, Bill number 15 180 approving the preliminary development plans was presented to the City Council, which was passed and became ordinance number 7734. Ordinance 7734 inadvertently was a duplicate ordinance which addressed another matter on the Council Agenda for October 15, 2015. City Staff also wishes to clarify the approval of Application #PL2015 116 and the change in zoning associated with this PDP. PROPOSED CITY COUNCIL MOTION: FIRST MOTION: I move for a second reading of AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CP 2 TO RP 4 ON APPROXIMATELY 7.24 ACRES LOCATED AT 3620 NE AKIN DR, LOT 16 CHAPEL RIDGE BUSINESS PARK, FOR THE PROPOSED CHAPEL RIDGE 4 PLEX DEVELOPMENT, AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR CHAPEL RIDGE 4 PLEXES, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED
DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. SECOND MOTION: I move for adoption of AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CP 2 TO RP 4 ON APPROXIMATELY 7.24 ACRES LOCATED AT 3620 NE AKIN DR, LOT 16 CHAPEL RIDGE BUSINESS PARK, FOR THE PROPOSED CHAPEL RIDGE 4 PLEX DEVELOPMENT, AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR CHAPEL RIDGE 4 PLEXES, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. BACKGROUND:(including location, programs/departments affected, and process issues) IMPACT/ANALYSIS: TIMELINE Start: Finish: OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMMENDATION OTHER BOARDS AND COMMISSIONS ASSIGNED: Not Applicable DATE: ACTION: COUNCIL COMMITTEE ASSIGNED: Not Applicable DATE: ACTION: List of Reference Documents Attached 1. Ordinance 2. Preliminary Development Plan 3. Location Map
BILL NO. 15-186 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CP-2 TO RP-4 ON APPROXIMATELY 7.24 ACRES LOCATED AT 3620 NE AKIN DR FOR THE PROPOSED CHAPEL RIDGE 4-PLEX DEVELOPMENT, AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR CHAPEL RIDGE 4-PLEXES, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE S SUMMIT, MISSOURI. WHEREAS, Application #PL2015-116 requesting a change in zoning classification from District CP-2 (Planned Community Commercial District) to District RP-4 (Planned Apartment Residential District) on land located at 3620 NE Akin Drive and approval of a preliminary development plan for Chapel Ridge 4-plexes, submitted by CEAH Realtors, was referred to the Planning Commission to hold a public hearing; and, WHEREAS, the subject property was zoned District CP-2 by the passage of the Unified Development Ordinance, Ordinance No. 5209, on September 6, 2001, which reclassified zoning districts citywide, effective November 1, 2001; and, WHEREAS, the Unified Development Ordinance provides for the approval of a preliminary development plan by the City following public hearings by the Planning Commission and City Council, and, WHEREAS, after due public notice in the manner prescribed by law, the Planning Commission held a public hearing for the consideration of the preliminary development plan on September 22, 2015, and rendered a report to the City Council recommending that the zoning requested and preliminary development plan be approved; and, WHEREAS, after due public notice in the manner prescribed by law, the City Council held a public hearing on October 15, 2015, and rendered a decision to approve the zoning requested and preliminary development plan for said property; and, WHEREAS, Bill number 15-180 approving the preliminary development plan was presented to the City Council on October 15, 2015 which was passed and became ordinance number 7734; and, WHEREAS, Ordinance 7734 inadvertently was a duplicate ordinance which addressed another matter on the Council Agenda for October 15, 2015; and, WHEREAS, the City Council further desires to clarify the approval of Application #PL2015-116 and the change in zoning associated with this PDP; and, WHEREAS, the City Council desires to approve the change in zoning from CP-2 to RP-4, approved the preliminary development plan and otherwise correct the errors contained in Ordinance No. 7734. Page 1
BILL NO. 15-186 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LEE'S SUMMIT, MISSOURI, as follows: SECTION 1. That the zoning classification of the following described property is hereby changed from CP-2 to RP-4, Lot 16, Chapel Ridge Business Park, a subdivision in Lee s Summit, Jackson County, Missouri SECTION 2. That development shall be in accordance with the preliminary development plan dated August 31, 2015, appended hereto and made a part thereof. SECTION 3. That the following conditions of approval apply: (1) A modification shall be granted to the requirement that evergreen trees be a minimum 8-foot tall at the time of planting, to allow for 4-foot tall Dwarf Alberta Spruces at the time of planting. (2) A modification shall be granted to the medium and high impact buffers required to the west and the high impact buffers required to the north and east, to allow for a low impact buffer to be provided along the west, north and east property lines. (3) Development shall be in accordance with the preliminary development plan, date stamped August 31, 2015. (4) A sidewalk easement shall be dedicated to the City for those portions of the bike trail that are located outside of the right-ofway prior to the issuance of any occupancy SECTION 4. In granting modifications listed herein, the Governing Body concludes that the development will provide sustainable value to the City, incorporates sound planning principles and design elements that are compatible with surrounding properties and consistent through the proposed project, effectively utilize the land upon which the development is proposed, and further the goals, spirit and intent of the Unified Development Ordinance. SECTION 5. Nonseverability. All provisions of this ordinance are so essentially and inseparably connected with, and so dependent upon, each other that no such provision would be enacted without all others. If a court of competent jurisdiction enters a final judgment on the merits that is not subject to appeal and that declares any provision or part of this ordinance void, unconstitutional, or unenforceable, then this ordinance, in its collective entirety, is invalid and shall have no legal effect as of the date of such judgment. SECTION 6. That failure to comply with all of the provisions contained in this ordinance shall constitute violations of both this ordinance and the City s Unified Development Ordinance, enacted by Ordinance No. 5209 and amended from time to time. SECTION 7. That this ordinance shall in all aspects supersede the language contained in Ordinance No. 7734. Page 2
BILL NO. 15-186 SECTION 8. That this ordinance shall be in full force and effect from and after the date of its passage and adoption, and approval by the Mayor. PASSED by the City Council of the City of Lee's Summit, Missouri, this, 2015. day of ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum APPROVED by the Mayor of said city this day of, 2015. ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum APPROVED AS TO FORM: City Attorney Brian W. Head Page 3