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Legislation #: 190340 Introduction Date: 4/25/2019
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER LOAR AND COUNCILMEMBER FOWLER
Title: Rezoning an approximately 27 acre tract of land generally located at the northeast corner of Missouri Highway 152 and Missouri Highway 169 from District R-80 to District MPD, and approving a development plan that serves as a preliminary plat for a 206 multi-family townhome and senior living development. (CD-CPC-2018-00155)

Legislation History
DateMinutesDescription
4/25/2019 Filed by the Clerk's office
4/25/2019 Referred to Planning, Zoning & Economic Development Committee
5/1/2019 Hold On Agenda (5/15/2019)
5/15/2019 Hold On Agenda (5/22/2019)
5/22/2019 Advance and Do Pass as a Committee Substitute, Debate
5/23/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190340 sub2.pdf Authenticated 260K Authenticated
190340 Letter from Residents.pdf Other 72K Letter from Resident
PRJ - Village at View Crest PZE PowerPoint 5-22-19 190340.PPTX Other 57121K * PRJ Presentation
190340.pptx Other 8540K City Planning Presentation
190340 cs to org ord-com.docx Compared Version 27K Colored Compared Version
Viewcrest - MPD Plans REVISED_5.14.19.pdf Plan 27949K Plan
CD-CPC-2018-00155_CPCSTFRPT_05.07.19.pdf Staff Report 332K Staff Report
190340.pptx Other 8086K Presentation
* - Attachment is too large for LiveWeb to display.

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190340

 

Rezoning an approximately 27 acre tract of land generally located at the northeast corner of Missouri Highway 152 and Missouri Highway 169 from District R-80 to District MPD, and approving a development plan that serves as a preliminary plat for a 206 multi-family townhome and senior living development. (CD-CPC-2018-00155)

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 88-20A1200, rezoning an approximately 27 acre tract of land generally located at the northeast corner of Missouri Highway 152 and Missouri Highway 169 from District R-80 (Residential dash 80) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A1200. That an area legally described as:

 

All that part of the Fractional Northwest Quarter of Section 2 and all that part of the Fractional Northeast Quarter of Section 3, all being in Township 51, Range 33, Kansas City, Clay County, Missouri, being described as follows: Commencing at the northwest corner of the Northwest Quarter of said Section 2; thence South 00 degrees 02 minutes 54 seconds West (record-South 00 degrees 03 minutes 38 seconds West), along the west line of said Fractional Northwest Quarter, 439.67 feet (record-434.74 feet); thence South 89 degrees 59 minutes 58 seconds East (record-South 89 degrees 45 minutes 45 seconds East), 129.93 feet (record-126.32 feet) to its intersection with the easterly right-of-way line of U.S. Highway No. 169, as now established, said point being the true point of beginning of the tract to be herein described; thence continuing South 89 degrees 59 minutes 58 seconds East (record-South 89 degrees 45 minutes 45 seconds East), 339.41 feet (record-330.02 feet); thence easterly, along a curve to the left with an initial tangent bearing of South 79 degrees 44 minutes 56 seconds East, having a radius of 984.93 feet (record-989.93 feet) and a distance of 176.21 feet (record-189.01 feet); thence South 89 degrees 59 minutes 58 seconds East, 5.74 feet; thence South 00 degrees 04 minutes 28 seconds West (record-South 00 degrees 05 minutes 58 seconds East), along the east line of the West One-Half of the West One-Half of said Fractional Northwest Quarter, 1939.25 feet (record-1912.00 feet) to its intersection with the northerly line of Missouri Route 152, as now established; thence North 74 degrees 59 minutes 55 seconds West, 1.35 feet along said northerly right-of-way line; thence North 61 degrees 13 minutes 54 seconds West (record-North 75 degrees 05 minutes 29 seconds West), along said northerly right-of-way line, 236.03 feet (record-215.03 feet); thence North 39 degrees 05 minutes 18 seconds West (record-North 39 degrees 10 minutes 52 seconds West), along said northerly right-of-way line, 726.39 feet; thence North 15 degrees 21 minutes 51 seconds West along said northerly right-of-way line (record-North 15 degrees 27 minutes 25 seconds West), 500.85 feet to its intersection with easterly right-of-way line of U.S. Highway No. 169; thence North 16 degrees 11 minutes 22 seconds East (record-North 16 degrees 05 minutes 48 seconds East), along said easterly right-of-way line, 293.01 feet; thence North 21 degrees 14 minutes 06 seconds East (record-North 21 degrees 03 minutes 16 seconds East), along said easterly right-of-way line, 550.25 feet to the true point of beginning.

 

is hereby rezoned from District R-80 (Residential dash 80) to District MPD (Master Planned District), all as shown outlined on a map marked Section 88-20A1200, 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 which also serves as a preliminary plat, subject to the following conditions:

 

1.                  The developer shall provide for separate tracts for private open space areas that are identified as acreage toward the parkland dedication requirements, including outline of the tracts, label the tracts, identify the tracts’ acreage and identify the recreation benefit on the plan.

 

2.                  The developer shall submit a streetscape plan with street tree planting plan per Section 88-425-03 of the Development Code for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way of all public streets.

 

3.                  The developer shall contribute $68,102.47 in lieu of parkland dedication for 2 duplex units and 204 multifamily units in satisfaction of Section 88-408 of the Zoning and Development Code per the 2019 parkland fees based on the number of units, with credit provided for 0.765 acres of private open space as shown on the plat, and the following formula:

 

2 duplex units x 3.0 people per unit x 0.006 acres/person = 0.036 acres required

 

204 multi-family lots x 2.0 people per unit x 0.006 acres/person = 2.448 acres required for a total of 2.484 acres required

 

2.484 acres required less 0.765 acres shown on plan = 1.719 acre payment in lieu of parkland 1.719 acre multiplied by $39,617.49 (2019 parkland fee) = $68,102.47 due.

 

4.                  Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department connection (Senior Living).

 

5.                  The expectation is the project will meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2012.

 

6.                  The developer shall install fire hydrants and make them operable prior to the arrival of any combustible building materials onto the site.

 

7.                  Fire Department access roads shall be provided prior to construction/demolition projects begin.

 

8.                  The developer shall secure permits to extend public 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.                  The developer shall obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain when applicable.

 

10.              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.

 

11.              The developer shall show the limits of the 100-year floodplain on the final plat and show the Minimum Low Opening Elevation (MLOE) of any structure on each lot that abuts a 100-year floodplain area (including detention basins and engineered surface drainage conveyances) on any plat and plan, as required by the Land Development Division.

 

12.              The developer shall 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.

 

13.              The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach.

 

14.              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.

 

15.              The developer shall 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.

 

16.              The developer shall grant a covenant to maintain BMP and/or surface drainage easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building 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.

 

18.              The developer shall provide an erosion hazard analysis for areas where any improvements or public right-of-way dedications are proposed within stream buffer zones or adjacent to the outside of stream meanders as required by the Water Services Department.

 

19.              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.

 

20.              That the developer shall improve the south half of N.W. 95th Terrace along the platted frontage as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road, and obtain a required permit from the Land Development Division for said improvement prior to recording the plat

 

21.              The developer shall install domestic water and fire service lines for the property in compliance with current Kansas City, Missouri Rules and Regulations for water services lines.

 

22.              The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

23.              The developer shall submit a detailed micro storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division showing compliance with the current, approved macro study on file with the City and with current adopted standards in effect at the time of submission, including water quality BMP’s, prior to approval and issuance of any building permits to construct improvements on the site or prior to recording the plat, whichever occurs first. The developer shall verify and/or improve downstream conveyance systems or address solutions for impacted properties due to flow contributions from the site, and the developer shall construct any other improvements as required by the Land Development Division as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase.

 

24.              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.

 

25.              The developer shall submit water main extension drawings (for the proposed public water mains) prepared by a registered professional engineer in Missouri to the main extension desk for review, acceptance and contracts per the Kansas City Water Rules and Regulations for water main extensions and relocations.

 

26.              That a deviation of the requirements of Section 88-425-06-B is hereby granted for the interior parking lot. The landscaping that is provided on the exterior of the parking lot provides the required amount of interior parking lot landscaping.

 

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