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Legislation #: 150523 Introduction Date: 6/25/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER DAVIS AND COUNCILMEMBER WAGNER
Title: Rezoning approximately 26 acres generally located south of N.E. Englewood Road, west of N. Antioch Road and east of N. Garfield Avenue from Districts R-2.5 and R-6 to District MPD, and approving a MPD Development Plan for commercial and residential uses which also acts as a preliminary plat. (5928-MPD-7)

Legislation History
DateMinutesDescription
6/25/2015 Filed by the Clerk's office
6/25/2015 Referred to Planning, Zoning & Economic Development Committee
7/1/2015 Advance and Do Pass, Debate
7/2/2015 Passed

View Attachments
FileTypeSizeDescription
150523.pdf Authenticated 448K Authenticated
C005928MPD7_Fact_Sheet.doc Fact Sheet 93K fact sheet
C005928MPD7_STAFFRPT_06_16_15db.doc Staff Report 965K staff report

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ORDINANCE NO. 150523

 

Rezoning approximately 26 acres generally located south of N.E. Englewood Road, west of N. Antioch Road and east of N. Garfield Avenue from Districts R-2.5 and R-6 to District MPD, and approving a MPD Development Plan for commercial and residential uses which also acts as a preliminary plat. (5928-MPD-7)

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 88-20A1017, rezoning an approximately 26 acre tract of land generally located south of N.E. Englewood Road, west of N. Antioch Road and east of N. Garfield Avenue from Districts R-2.5 (Residential 2.5) and R-6 (Residential 6) to District MPD (Master Planned Development), said section to read as follows:

Section 88-20A1017. That an area legally described as:

All that part of Deed Book 1414, Page 15 as recorded with the Clay County Recorder of Deeds AND all that part of Lots 32, 33, 34, 35, 36, 37, & 38 Beverly Manor Extension as jointly and more particularly described as follows:

Commencing at the North Quarter Corner Northeast Quarter Section 36, Township 51 North, Range 33 West, Clay County, Missouri; thence along Quarter Quarter Section Line also being the West Line of Scandia Village Condominium and the projection thereof, South 00 degrees 40 minutes 46 seconds West 768.17 feet to the Southwest Corner of Scandia Village Condominium and the Point of Beginning; thence departing said lines and following the East Line of Edgewood Acres Block 6 and the projection thereof, South 00 degrees 41 minutes 57 seconds West 676.64 feet; thence departing Edgewood Acres and following the Northern right-of-way of NE 54th Street, South 89 degrees 13 minutes 08 seconds East 181.39 feet; thence along the Eastern right-of-way of NE 53rd Street, South 00 degrees 22 minutes 58 seconds West 25.00 feet to the Northwest Corner of Lot 20 Beverly Manor Extension; thence around perimeter of Beverly Manor Extension the following courses and distances: South 89 degrees 09 minutes 20 seconds East 120.06 feet to the Northeast Corner Lot 20; thence South 10 degrees 20 minutes 36 seconds East 146.36 feet to the Northeast Corner Lot 22; thence South 48 degrees 13 minutes 02 seconds East 146.02 feet to the Northwest Corner Lot 24; thence South 73 degrees 28 minutes 02 seconds East 95.61 feet to the Northeast Corner Lot 24; thence South 89 degrees 10 minutes 26 seconds East 153.98 feet to the Northwest Corner Lot 26; thence North 63 degrees 56 minutes 28 seconds East 42.72 feet to the Northern PI point Lot 26; thence South 89 degrees 10 minutes 04 seconds East 417.06 feet to the Northern PI point Lot 31; thence South 29 degrees 52 minutes 49 seconds East 46.22 feet to the Northwest Corner Lot 32; thence South 00 degrees 55 minutes 22 seconds West 99.13 feet to the Southwest Corner Lot 32; thence along South Line of Lot 32 the following courses and distances: 4.95 feet by arc distance along a curve to the right having a radius of 350.00 feet and a chord bearing of South 74 degrees 49 minutes 10 seconds East 4.95 feet; thence 108.53 feet by arc distance along a curve to the left having a radius of 300.00 feet and a chord bearing of South 81 degrees 27 minutes 44 seconds East 107.94 feet to the Southeast Corner Lot 32; thence North 00 degrees 02 minutes 32 seconds East 114.64 feet to the Northeast Corner Lot 32; thence North 00 degrees 02 minutes 32 seconds East 220.93 feet to the Southeast Corner Lot 35; thence North 00 degrees 57 minutes 31 seconds East 354.21 feet to the Northeast Corner Lot 38; thence along the North Line Lot 38 and the projection thereof, North 89 degrees 10 minutes 49 seconds West 298.34 feet; thence along the West Line of Antioch Annex Phases I and II the following courses and distances: North 00 degrees 43 minutes 36 seconds East 310.40 feet; thence North 01 degrees 02 minutes 55 seconds West 49.80 feet; thence North 01 degrees 08 minutes 06 seconds East 190.54 feet to the Southeast Corner of Scandia Village Condominium; thence along the South Line of Scandia Village Condominium the following courses and distances: North 88 degrees 55 minutes 31 seconds West 766.12 feet to the centerline of NE Scandia Lane; thence 267.90 feet by arc distance along a curve to the right having a radius of 225.00 feet and a chord bearing of South 56 degrees 39 minutes 10 seconds West 252.35 feet to the point of beginning.

The above described tract of land contains 25.94 acres, more or less, exclusive of N. Antioch Road right-of-way and inclusive of N.E. Scandia Lane right-of-way and is subject to recorded and unrecorded easements, restrictions and right-of-ways.

is hereby rezoned from Districts R-2.5 (Residential 2.5) and R-6 (Residential 6) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1017, 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.

 

2.                  That the developer submit a macro "overall" storm drainage analysis from a Missouri licensed civil engineer for the entire development in accordance with adopted standards to the Land Development Division for review and acceptance at the time the first plat or building permit application is submitted, with a micro "detailed" storm drainage study, including a BMP level of service analysis, in accordance with current adopted standards to be submitted for each phase, and the developer secure permits to construct any improvements required by the Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.

 

3.                  That the developer dedicate additional right of way for N.E. 54th Street as required by Chapter 88 so as to provide a minimum of 25 feet of right of way as measured from the centerline, and ensure that right of way dedication is adequate for any proposed road improvements as required by the Public Works Department adjacent to this project.

 

4.                  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.

 

5.                  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.

 

6.                  That the developer enter into a Cooperative Agreement with the City whereby developer agrees to contribute funds to improve the north half of N.E. 54th Street adjacent to developer’s frontage to residential local standards as required by Chapter 88, including curbs and gutter, sidewalks and streetlights, prior to recording the plat for the phase adjacent to said street or the issuance of a building permit for this phase, whichever occurs first.

 

7.                  That the developer verify vertical and horizontal sight distance for the drive connection to public right-of-way and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.

 

8.                  That the developer submit plans to the Land Development Division and obtain permits to construct sidewalks along N. Scandia Lane for the platted frontage and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach.

 

9.                  That the developer 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.

 

10.              That the owner/developer 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.

 

11.              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.

 

12.              That the developer grant a 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.

 

13.              That the developer submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, prior to recording the plat.

 

14.              That the developer provide for fire protection as required by the Fire Department.

 

15.              That the developer extend water mains as required by the Water Services Department.

 

16.              That within 30 days of approval of a preliminary development plan by the City Council, the landowner must file with the appropriate recorder of deeds office a statement that such a plan: (1) has been filed with the City Plan Commission; (2) has been approved; (3) that the MPD preliminary development plan is applicable to certain specified legally-described land; and (4) that copies of the plan are on file in the City Planning and Development Department. The statement recorded with the Recorder of Deeds must also specify the nature of the plan, the proposed density or intensity of land use and other pertinent information sufficient to notify any prospective purchasers or users of the land of the existence of such a plan and further include all information as required by Section 88-520-03-H.

 

17.              That the developer submit a final development plan with the City Planning and Development Department after approval of and before the lapse of the MPD preliminary development plan. The site plan shall include information regarding property uses, setback distances, lighting (photometrics plan showing zero footcandles at the property line), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots, show proposed pedestrian circulation, including trail connections to the neighborhood which may include the open space to the south and west, and include elevation drawings of buildings and signage.

 

18.              That the developer submit a street tree planting plan to the Parks and Recreation Department for approval prior to the approval of a final plat.

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:

 

 

M. Margaret Sheahan Moran

Assistant City Attorney