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Legislation #: 190048 Introduction Date: 1/17/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 2.696 acre tract of land generally located on the east side of N.E. Vivion Road between N.E. 54th Street to the south and E. Park Avenue to the north from Districts B1-1 and R-6 to District B3-1 to allow for the construction of a commercial building and allow outdoor retail sales. (6962-P-4, 6962-P-5)

Legislation History
DateMinutesDescription
1/17/2019 Filed by the Clerk's office
1/17/2019 Referred to Planning, Zoning & Economic Development Committee
1/23/2019 Hold Off Agenda
5/1/2019 Advance and Do Not Pass, Debate
5/2/2019 Passed
5/2/2019 Failed

View Attachments
FileTypeSizeDescription
190048.pdf Authenticated 177K Authenticated Ordinance
190033, 190048.pptx Other 19911K Presentation 2
Res. 190033 Ord. 190048.pptx Other 16885K Presentation
190048 ORDREQ.pdf Request for Ordinance 25K Ordinance Request
190048 FactSheet.pdf Fact Sheet 104K Fact Sheet
C006962P5_STAFF REPORT_07-17-18.pdf Staff Report 352K Staff Report
BC HARDSCAPES - PDP.PDF Plan 12250K Plans
Exhibit A_Rez_DevPln.pdf Exhibit 788K Docket Map

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ORDINANCE NO. 190048

 

Rezoning a 2.696 acre tract of land generally located on the east side of N.E. Vivion Road between N.E. 54th Street to the south and E. Park Avenue to the north from Districts B1-1 and R-6 to District B3-1 to allow for the construction of a commercial building and allow outdoor retail sales. (6962-P-4, 6962-P-5)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A1184, rezoning an area of approximately 2.696 acres generally located on the east side of N.E. Vivion Road between N.E. 54th Street to the south and E. Park Avenue to the north from Districts B1-1 (Neighborhood Business 1) and R-6 (Residential 6) to District B3-1 (Community Business 1), said section to read as follows:

 

Section 88-20A1184. That an area legally described as:

 

All that part of Lots 33, 34, 35 and 36 in Maple Park Extension, a subdivision of land in the Northwest Quarter of Section 33, Township 51, Range 32, in Kansas City, Clay County, Missouri, more particularly described as follows: Commencing at the Southwest corner of said Lot 36; thence North 00 degrees 43 minutes 12 seconds East along the West line of said Lot 36, 71.76 feet to the true point of beginning; thence North 00 degrees 43 minutes 12 seconds East along the West line of said Lots 33, 34, 35 and 36, 296.74 feet to the South right-of-way line of Maple Street, as now established; thence North 37 degrees 51 minutes 04 seconds East along said South line, 96.38 feet to the Northwest corner of said Lot 33; thence South 89 degrees 36 minutes 26 seconds East, 192.71 feet to the Northeast corner of said Lot 33; thence South 42 degrees 24 minutes 26 seconds East along the Northeasterly line of said Lots 33, 249.12 feet; thence South 46 degrees 47 minutes 02 seconds West, 37.82 feet; thence South 68 degrees 09 minutes 25 seconds West, 93.55 feet; thence South 02 degrees 56 minutes 08 seconds West, 67.28 feet; thence South 60 degrees 33 minutes 01 seconds West, 98.63 feet; thence South 83 degrees 59 minutes 05 seconds West, 58.01 feet; thence South 88 degrees 12 minutes 11 seconds West, 162.24 feet to the point of beginning. Containing 117,446 square feet or 2.696 acres, more or less.

 

is hereby rezoned from Districts B1-1 (Neighborhood Business 1) and R-6 (Residential 6) to District B3-1 (Community Business 1), all as shown outlined on a map marked Section 88-20A1184, 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 in accordance with Section 88-20 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  The applicant shall fully comply with all requirements for Class B Outdoor Retail Sales.

 

2.                  The applicant shall fully comply with requirements for screening and buffering of outdoor uses (88-425-09).

 

3.                  The applicant shall address the permit flag in regards to the soils evaluations and subsurface exploration of a geotechnical study prior to permitting.

 

4.                  No existing mature vegetation shall be removed with the installation of the proposed retaining wall.

 

5.                  Monument sign shall comply with standards of 88-445-07 in terms of setback and size requirements.

 

6.                  The applicant shall coordinate with the necessary staff on the N.E. Vivion Road streetscape plan.

 

7.                  The applicant shall coordinate with the necessary staff with the review of the N.E. Vivion Road traffic study.

 

8.                  The applicant shall look into a turn-around or separate drive on the site to alleviate access issues onto Belmont right-of-way and the impact of existing conditions on adjacent business. The applicant shall discuss options with the Fire Department.

 

9.                  The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

10.              The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

11.              The developer shall pay impact fees as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division.

 

12.              The developer shall obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

13.              The owner/developer shall submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

14.              The developer shall grant BMP and/or surface drainage easements to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

15.              The developer shall submit a final stream buffer plan to the Land Development Division for approval prior to issuance of any building permits and obtain permits for the stream buffer prior to removal of any mature riparian species within the buffer zones due to construction activities on the site, in accordance with the Section 88-415 requirements.

 

16.              The developer must grant on City approved forms, a stream buffer easement to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

17.              The developer shall submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat or issuance of permits.

 

18.              Dead end Fire Department access road(s) in excess of 150 feet shall be provided with an approved turn around feature (i.e., cul-de-sac, hammerhead).  Dead-end streets in excess of 150 feet in length resulting from a “phased” project shall provide an approved temporary turn around feature (i.e., cul-de-sac, hammerhead).  (IFC-2012: § 503.2.5)

 

19.              The expectation is the project will meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2012. (IFC-2012: § 507.1)

 

20.              Fire hydrant(s) are required within 400 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building.  The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required.  This distance may be increased to 600 feet for R-3 and U occupancy(s) or the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC-2012: § 507.5.1).

 

21.              All construction shall be in compliance of the applicable building codes which are in effect at the time of construction and shall be built under valid building permits issued by the City Planning and Development Department. (IFC-2012: § 102.4)

 

22.              The developer shall meet current standards for water service lines.

 

23.              The developer shall submit fire flow calculations.

 

24.              Depending on the fire flow requirements, a main extension will be required across N.E. Vivion Road and along the frontage of the property.

 

25.              Anticipate possible new domestic fire line and fire hydrant. Location of the new fire hydrant can have an impact on the overall design of the project.

 

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 and Development Code have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney