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Legislation #: 120739 Introduction Date: 8/16/2012
Type: Ordinance Effective Date: 9/23/2012
Sponsor: None
Title: Rezoning an area of approximately 42 acres generally located on the south side of Winner Road, about 900 feet west of Interstate 435, from Districts M1-5 and M-2a-p to District UR, and approving a preliminary development plan for the same. (10839-UR-6)

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
120739.pdf Authenticated 4824K Authenticated
Maps 0K Plan map is on file in the City Clerk's Office
120739, 741, 742.pdf Advertise Notice 51K Affidavit of Publication
120739 Fact Sheet.xls Fact Sheet 94K Fact Sheet
C010839UR6_STAFFRPT03_06_12.doc Staff Report 535K Staff Report

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ORDINANCE NO. 120739

 

Rezoning an area of approximately 42 acres generally located on the south side of Winner Road, about 900 feet west of Interstate 435, from Districts M1-5 and M-2a-p to District UR, and approving a preliminary development plan for the same. (10839-UR-6)

 

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 88-20A914, rezoning an area of approximately 42 acres generally located on the south side of Winner Road, about 900 feet west of Interstate 435, from Districts M1-5 (Manufacturing 1-5) (formerly M-2a - Heavy Industry) and M-2a-p (Heavy Industrial - Limited District) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A914. That an area legally described as:

 

A tract of land in the Southwest Quarter of Section 31, Township 50 North, Range 32 West and the North Half of Section 6, Township 49 North, Range 32 West, described as follows; Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence South 86 degrees 52 minutes 53 seconds East, along the south line of said Southwest Quarter, a distance of 617.14 feet to the point of beginning; thence North 02 degrees 13 minutes 01 seconds East, a distance of 168.93 feet to the south line of U.S. Highway 24 extension as described in Ordinance No. 3377; thence North 68 degrees 49 minutes 47 seconds East, along said south line, a distance of 145.67 feet; thence South 21 degrees 10 minutes 13 seconds East, along said south line, a distance of 30.00 feet; thence North 68 degrees 49 minutes 47 seconds East, along said south line, a distance of 149.97 feet; thence North 21 degrees 10 minutes 13 seconds West, along said south line, a distance of 5.00 feet; thence North 68 degrees 49 minutes 47 seconds East, along said south line, a distance of 149.90 feet; thence North 21 degrees 10 minutes 13 seconds West, along said south line, a distance of 15.00 feet; thence North 68 degrees 49 minutes 47 seconds East, along said south line a distance of 100.08 feet; thence North 21 degrees 10 minutes 13 seconds West, along said south line, a distance of 10.00 feet; thence North 68 degrees 49 minutes 47 seconds East, along said south line, a distance of 179.74 feet to the west line of Washington, a subdivision of land in Kansas City, Jackson County, Missouri; thence South 02 degrees 20 minutes 12 seconds West, along said west line, a distance of 467.32 feet to the south line of said Southwest Quarter of Section 31; thence South 86 degrees 52 minutes 53 seconds East, along said south line, a distance of 320.90 feet to the centerline of Smalley Avenue; thence North 02 degrees 18 minutes 44 seconds East, along said centerline, a distance of 611.15 feet to the south line of said U.S. Highway 24 extension; thence North 68 degrees 49 minutes 47 seconds East, along said south line, a distance of 57.98 feet to the south line of Missouri Avenue; thence South 86 degrees 52 minutes 51 seconds East, along said south line, a distance of 242.54 feet to the west line of Potter Avenue; thence South 02 degrees 17 minutes 49 seconds West, along said west line and its southerly extension, a distance of 665.11 feet to a point on the south line of said Southwest Quarter of Section 31; thence South 86 degrees 55 minutes 33 seconds East, a distance of 133.32 feet to the northwest corner of a tract of land described in Instrument No. 2007E0058525; thence South 01 degrees 51 minutes 18 seconds West, along the west line of said tract of land, a distance of 200.00 feet to the southwest corner of said tract of land; thence South 86 degrees 54 minutes 27 seconds East, along the south line of said tract of land, a distance of 100.09 feet to the southeast corner of said tract of land on the west line of a 5.00 feet wide strip of land described in Instrument No. 2007E0058525; thence South 01 degrees 39 minutes 09 seconds West, along the west side of said 5.00 feet wide strip of land, a distance of 205.00 feet to the southwest corner of said 5.00 feet wide strip of land; thence South 86 degrees 52 minutes 53 seconds East, along the south lines of the tracts of land described in Instrument Nos. 2007E0058525, 2006E0130863, 2000I3951, 2008E129510 and Book 3289 at page 666 and its easterly extension, a distance of 355.22 feet to the east line of said Northwest Quarter of Section 6; thence South 87 degrees 02 minutes 10 seconds East, a distance of 75.85 feet to the west line of Interstate Route I-435; thence South 27 degrees 40 minutes 37 seconds West, along said west line, a distance of 167.11 feet; thence South 01 degrees 54 minutes 23 seconds West, along said west line, a distance of 291.57 feet; thence South 11 degrees 48 minutes 13 seconds West, along said west line, a distance of 749.07 feet; thence North 69 degrees 31 minutes 24 seconds West, a distance of 240.79 feet; thence North 14 degrees 02 minutes 17 seconds West, a distance of 244.05 feet; thence South 76 degrees 40 minutes 45 seconds West, a distance of 79.58 feet; thence North 13 degrees 18 minutes 18 seconds West, a distance of 83.00 feet to a point of curve to the left, having a radius of 1191.74 feet and a central angle of 42 degrees 56 minutes 30 seconds; thence along the arc of that curve, a distance of 893.18 feet; thence North 56 degrees 14 minutes 49 seconds West, a distance of 19.85 feet to a point of curve to the left, having a radius of 913.94 feet and a central angle of 24 degrees 18 minutes 10 seconds; thence along the arc of that curve, a distance of 387.66 feet; thence North 80 degrees 32 minutes 59 seconds West, a distance of 6.86 feet to a point of curve to the left, having a radius of 753.11 feet and a central angle of 33 degrees 19 minutes 13 seconds; thence along the arc of that curve, a distance of 437.97 feet; thence North 02 degrees 15 minutes 19 seconds East, a distance of 512.66 feet to the south line of said Southwest Quarter of Section 31; thence North 86 degrees 52 minutes 53 seconds West, along said south line, a distance of 21.00 feet to the point of beginning.

 

is hereby rezoned from Districts M1-5 (Manufacturing 1-5) (formerly M-2a - Heavy Industry) and M-2a-p (Heavy Industrial - Limited District) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A0914, 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 Development Regulations.

 

2. That the developer dedicate additional right of way for Winner Road east of the centerline of Smalley Avenue as required by Land Development so as to insure 66 feet of right of way as measured from the centerline of Winner Road.

 

3. That the developer dedicate additional right of way for Winner Road west of the centerline of Smalley Avenue as required by Land Development so as to insure 56 feet of right of way as measured from the centerline of Winner Road.

 

4. That the developer improve the west one-half of Potter Avenue and the south one-half of Independence Avenue to residential street standards, including curb, gutter, sidewalks, and streetlights, as required by Land Development, or enter into a deferral agreement, prior to recording the final plat, for those improvements, with terms for the construction to commence at such time as sidewalks are constructed adjacent to the east side of the project area, on the south side of Independence Avenue.

 

5. That the developer construct a sidewalk on the south side of Winner Road along the plan frontage as required by Land Development.

 

6. That the developer construct a westbound left turn lane on Winner Road at Smalley Avenue as shown on the development plan prior to issuance of any certificate of occupancy for any new structure within the plan area.

 

7. 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, APWA 5600, and BMP Manual, to the Land Development Division for review and acceptance 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.

 

8. 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 Public Works Department in "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 to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as shown on the revised plan, as required by the Land Development Division and prior to issuance of any building certificate of occupancy permits (including temporary certificate occupancy permits.)

 

9. 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.

 

10. 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.

 

11. 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.

 

12. 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 be responsible for all costs associated with subordination activities now and in the future.

 

13. 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.

 

14. 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).

 

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

 

16. That the developer grant a 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. 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 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, or issuance of building permits, whichever occurs first.

 

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

 

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

 

20. That the developer obtain a floodplain certificate prior to beginning any construction activities within the floodplain.

 

21. That the limits of the 100-year floodplain and the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area be shown on the final plat.

 

22. That the developer complete the vacation of portions of Thompson Street, Independence Avenue, Smalley Road and the east-west alley as shown on the development plan, as required by Land Development, if not vacated with the final plat.

 

23. That the final plat must grant an access easement to KCP&L along vacated Smalley Avenue as required by the Land Development Division. 

 

24. That the developer secure the approval of the Missouri Department of Transportation for any work within State right of way.

 

25. That the developer remove the billboard within 30 days of the end of the current lease, which expires August 31, 2015.

 

26. That the developer receive approval as needed for a Code Modification Request for the unpaved inventory parking areas as shown on the development plan.

 

27. That the developer submit a final UR plan to the Director of City Development for approval, including detailed information on landscaping, signage (including elevations), fencing (including decorative metal fencing along the Winner Road frontage), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

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