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Legislation #: 120742 Introduction Date: 8/16/2012
Type: Ordinance Effective Date: 9/23/2012
Sponsor: None
Title: Rezoning an area of approximately 24.6 acres generally located on both sides of Leeds Trafficway at Chelsea Drive from District R-2.5 to District UR. (5267-UR-1)

Legislation History
DateMinutesDescription
8/16/2012 Filed by the Clerk's office
8/16/2012 Referred to Planning, Zoning & Economic Development Committee
9/12/2012 Advance and Do Pass, Debate
9/13/2012 Passed

View Attachments
FileTypeSizeDescription
120742.pdf Authenticated 5061K Authenticated
Maps 0K Plan map on file in the City Clerk's Office
120739.pdf Other 381K mailing info
120742.pdf Advertise Notice 375K mailing info
120739, 741, 742.pdf Advertise Notice 51K Affidavit of Publication
120742 Fact Sheet.xls Fact Sheet 101K Fact Sheet
C005267UR1_FINALFORCPC06_19_12.pdf Staff Report 2111K Staff Report

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ORDINANCE NO. 120742

 

Rezoning an area of approximately 24.6 acres generally located on both sides of Leeds Trafficway at Chelsea Drive from District R-2.5 to District UR. (5267-UR-1)

 

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 88-20A915, rezoning an area of approximately 24.6 acres generally located on both sides of Leeds Trafficway at Chelsea Drive from District R-2.5 (Residential 2.5) to District UR (Urban Redevelopment District), said section to read as follows:

 

Section 88-20A915. That an area legally described as:

 

Tracts A, B & C, Holy Temple Homes, a subdivision in Kansas City, Jackson County, Missouri according to the recorded plat thereof, together with part of Leeds Trafficway and part of Chelsea Drive all more particularly described as follows: Beginning at the most easterly southeast corner of said plat of Holy Temple Homes, also being the true point of beginning of said Plat ; thence along the easterly and northeasterly line of said Plat and the westerly right of way line of Van Brunt Boulevard Extension, the following three courses, North 02 degrees 11 minutes 37 seconds East (Plat=North 00 degrees 05 minutes 40 seconds West), a distance of 129.98 feet (Plat=130.00 feet); thence North 27 degrees 35 minutes 22 seconds West (Plat=North 29 degrees 51 minutes 37 seconds West), a distance of 452.24 feet (Plat=452.66 feet); thence North 37 degrees 39 minutes 41 seconds West (Plat=North 39 degrees 54 minutes 35 seconds West), a distance of 487.47 feet (Plat=487.33 feet) to the northeast corner of said Plat; thence Westerly and Southwesterly along the northerly line of said Plat the following five courses, North 87 degrees 51 minutes 45 seconds West (Plat=North 89 degrees 57 minutes 52 seconds West), a distance of 532.23 feet (Plat=533.60 feet) to the beginning of a non-tangent curve concave to the Southeast having an initial tangent bearing of North 87 degrees 30 minutes 54 seconds West and having a radius of 270.00 feet; thence Southwesterly 189.94 feet (Plat=190.00 feet) along said curve through a central angle of 40 degrees 18 minutes 24 seconds; thence South 52 degrees 23 minutes 21 seconds West (Plat=South 49 degrees 42 minutes 58 seconds West) along a non-tangent line, a distance of 129.09 feet (Plat=128.36 feet) to the beginning of a non-tangent curve concave to the northwest having an initial tangent bearing of South 51 degrees 54 minutes 11 seconds West and having a radius of 430.00 feet; thence Southwesterly 303.21 feet (Plat=303.22 feet) along said curve through a central angle of 40 degrees 24 minutes 07 seconds; thence North 87 degrees 41 minutes 14 seconds West (Plat=North 89 degrees 52 minutes 52 seconds West) along a non-tangent line, a distance of 57.39 feet (Plat=57.44 feet) to the northwest corner of said Plat; thence Southerly and Southeasterly along the southerly and southwesterly line of said Plat the following eight courses, South 02 degrees 22 minutes 21 seconds West (Plat=South 00 degrees 07 minutes 08 seconds West), a distance of 19.50 feet (Plat=19.54 feet); thence South 50 degrees 57 minutes 42 seconds East (Plat=South 53 degrees 10 minutes 00 seconds East), a distance of 105.00 feet (Plat=105.10 feet); thence South 39 degrees 04 minutes 00 seconds West (Plat=South 36 degrees 50 minutes 00 seconds West), a distance of 12.83 feet (Plat=12.74 feet); thence South 67 degrees 30 minutes 08 seconds East (Plat=South 69 degrees 40 minutes 23 seconds East), a distance of 44.93 feet (Plat=44.85 feet); thence South 58 degrees 06 minutes 14 seconds East (Plat=South 60 degrees 17 minutes 30 seconds East), a distance of 241.96 feet (Plat=241.87 feet); thence South 53 degrees 28 minutes 35 seconds East (Plat=South 55 degrees 40 minutes 00 seconds East), a distance of 260.00 feet (Plat=259.78 feet); thence South 49 degrees 22 minutes 10 seconds East (Plat=South 51 degrees 47 minutes 10 seconds East), a distance of 191.63 feet (Plat=191.25 feet); thence South 14 degrees 36 minutes 58 seconds East (Plat=South 16 degrees 52 minutes 00 seconds East). a distance of 155.25 feet (Plat=156.00 feet) to the most westerly southwest corner of said Plat; thence South 87 degrees 48 minutes 04 seconds East (Plat=90 degrees 00 minutes 00 seconds East) along the southerly line of said Plat, a distance of 335.70 feet (Plat=336.00 feet) to a jog in said Plat; thence South 02 degrees 11 minutes 56 seconds West (Plat=South 00 degrees 00 minutes 00 seconds East) along the west line of said Plat and said jog , a distance of 168.59 feet (Plat=168.77 feet) to the most southerly southwest corner of said Plat said point also being on the northerly right of way of 39th Street said point being the beginning of a non-tangent curve concave to the Southwest having an initial tangent bearing of South 79 degrees 25 minutes 00 seconds East and a radius of 830.00 feet; thence Southeasterly along the southerly line of said Plat and the northerly right of way line of said 39th Street the following three courses, 227.14 feet (Plat=226.91 feet) along said curve through a central angle of 15 degrees 40 minutes 48 seconds; thence South 63 degrees 44 minutes 12 seconds East (Plat=South 66 degrees 00 minutes 00 seconds East), a distance of 164.65 feet plat and measured to the beginning of a non-tangent curve concave to the Northeast having an initial tangent bearing of South 63 degrees 44 minutes 29 seconds East and having a radius of 770.00 feet; thence Southeasterly 123.06 feet (Plat=123.10 feet) along said curve through a central angle of 9 degrees 09 minutes 24 seconds to the southeast corner of said Plat; thence North, Northeast and East the following three courses along the easterly line of said Plat, North 01 degrees 55 minutes 49 seconds East (Plat=North 00 degrees 05 minutes 40 seconds West), a distance of 239.38 feet (Plat=238.98 feet); thence North 52 degrees 58 minutes 12 seconds East (Plat=North 50 degrees 39 minutes 45 seconds East), a distance of 149.96 feet (Plat=150.00 feet); thence South 87 degrees 46 minutes 53 seconds East (Plat=North 89 degrees 54 minutes 20 seconds East), a distance of 7.02 feet (Plat=7.00 feet) to the point of beginning, said tract containing 1,070,814 square feet or 24.58 acres more or less.

 

is hereby rezoned from District R-2.5 (Residential 2.5) to District UR (Urban Redevelopment District), all as shown outlined on a map marked Section 88-20A0915, 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. That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Zoning and Development Code

 

2. That the developer submit a macro and detailed micro storm drainage study, including a BMP level of service analysis, stormwater management mitigation, and proposed installation of permanent BMP's all in accordance with strategic policies of the January 30, 2009, Overflow Control Plan, Sections 7, Watershed Master Plan, APWA 5600, and BMP Manual, to the Land Development Division for review and acceptance at the time the first plat is submitted, showing the phasing of platting, phasing of stormwater conveyance systems to serve individual lots for the entire development area, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

3. 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 for the planned project without the prior written consent of the Land Development Division.

 

4. That the developer integrate into the existing streetlight system (and utility poles) any relocated existing streetlights (and utility poles) within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated streetlights (and utility poles) must comply with all adopted lighting standards (and utility companies).

 

5. That the developer submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, identifying sidewalks, curbs, and gutters in disrepair as defined by the Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project and that the developer secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate occupancy permits.

 

6. That the developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbed area equal to one acre or more prior to beginning any construction activities.

 

7. That the developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

8. That the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit whichever occurs first.

 

9. That the developer provide a cross-access easement across shared drives and parking areas between lot access drives and project access drives to the public street including any parking areas that would reasonably be used, as required by the Land Development Division.

 

10. That the developer grant on City approved forms, BMP Easements to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any building permits or bmp permits, whichever occurs first.

 

11. That the developer secure permits to reconstruct sidewalks, curbs and drive entrances (and associated streetscape) along the project frontage per the approved plan and where modifying the sidewalk at the drive modifications as required by Land Development Division and meeting ADA requirements, prior to working in the right-of-way and prior to issuance of any site or building permits.

 

12. That the developer verify adequate capacity of the existing sewer system as required by the Land Development Division for the amended use of the property and address any inadequacies therein prior to issuance of connection authorization and/or issuance of any temporary certificate of occupancy (TCO).

 

13. That the developer secure permits from the Public Works Department (DPW) to make improvements as necessary to show Chelsea Avenue and Leeds Trafficway to local street standards including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities according to the adopted Major Street Plan (MSP) and the approved street improvement plans approved by DPW (Capital Improvements).

 

14. That the developer dedicate additional right of way for (Chelsea Avenue and Leeds Trafficway) as required by the adopted Major Street Plan (MSP), Chapter 88, and also according to the approved street improvement plans approved by DPW (Capital Improvements).

 

15. That the developer subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and that the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

16. That the developer provide/dedicate new easements for all proposed public storm sewer and public sanitary sewer within the proposed development project subject to APWA and City's standards requirements.

 

17. That the developer vacate, by final plat or separate process, existing right of way for Chelsea Drive as shown on the development plan, as required by the City Development Department.

 

18. That the developer secure permits to demolish existing Chelsea Drive as shown on the development plan as required by the Land Development Division.

 

19. That the developer submit a streetscape plan for approval and permitting by the Land Development Division prior to beginning construction of the streetscape improvements in the public right of way, and construct ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired.

 

20. That the developer submit a City Standard Covenant for Maintenance Agreement to the City for any shared Quantity and Quality Mitigation improvements located within separate tracts or which cross separate property lines and can be defined by separate legal descriptions, as required by the Land Development Division, prior to issuance of any permit to construct said improvement and recording of a final plat containing such facilities, whichever occurs first.

 

21. That the developer obtain the grading consents, and all grading, temporary construction and drainage easements, from the abutting property owner prior to submitting any public improvements.

 

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

 

23. That the developer extend/abandon/relocate water mains and sewers and grant exclusive water and sewer easements as required by the Water Services Department.

 

24. That the developer submit a final plan for each phase to the Director of City Development for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line), building elevations and private open space per staff approval.

 

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 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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney