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Legislation #: 170384 Introduction Date: 5/18/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER HALL
Title: Rezoning about 17.65 acres generally bounded by N.E. Vivion Road on the north, Chouteau Trafficway on the east, N.E. 50th Street on the south and N.E. Antioch Road on the west from Districts B2-2 and B3-2 to District UR and approving a UR Development Plan for the same which also functions as the preliminary plat. (5642-UR-28).

Legislation History
DateMinutesDescription
5/18/2017 Filed by the Clerk's office
5/18/2017 Referred to Planning, Zoning & Economic Development Committee
5/24/2017 Hold On Agenda (6/7/2017)
6/7/2017 Advance and Do Pass as a Committee Substitute, Debate
6/8/2017 Passed as Substituted

View Attachments
FileTypeSizeDescription
170384.pdf Authenticated 302K Authenticated
170384 Plans.pdf Plan 5404K Plans
170384 Map.pdf Maps 1697K Section Map
170384 Staff Report.pdf Staff Report 212K Staff Reort
170384 Fact Sheet.pdf Fact Sheet 183K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170384

 

Rezoning about 17.65 acres generally bounded by N.E. Vivion Road on the north, Chouteau Trafficway on the east, N.E. 50th Street on the south and N.E. Antioch Road on the west from Districts B2-2 and B3-2 to District UR and approving a UR Development Plan for the same which also functions as the preliminary plat. (5642-UR-28).

 

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 88-20A1099, rezoning an area of approximately 17.65 acres generally bounded by N.E. Vivion Road on the north, Chouteau Trafficway on the east, N.E. 50th Street on the south and N.E. Antioch Road on the west (2835 N.E. Vivion Road) from Districts B2-2 (Neighborhood Business 2) and B3-2 (Community Business) to District UR (Urban Redevelopment), said section to read as follows :

 

Section 88-20A1099. That an area legally described as:

 

A tract of land lying in the West Half of the Southwest quarter of Section 31, Township 51 North, Range 32 East, and also being portions of Lots 28 through 41 inclusive, Lots 43, 44, 45, 46, 52 and Lot 56 and portions of vacated streets and alley all in Beulmar Acres, a subdivision of land in Kansas City, Clay County, Missouri, all being more particularly described as follows:

 

Commencing at the Southwest corner of Lot 28 Beulmar Acres, according to the recorded plat thereof; thence North 00 degrees 32 minutes 54 seconds West, along the West line of said Lot 28, a distance of 45.00 feet; thence South 83 degrees 57 minutes 26 seconds East, a distance of 9.78 feet to a point at the East right-of-way line of Antioch Road as established in Book 902, at Page 613, and the point of beginning, thence North 02 degrees 17 minutes 34 seconds East, along said East right-of-way line, a distance of 60.13 feet; thence South 83 degrees 57 minutes 26 seconds East, a distance of 352.64 feet, thence North 03 degrees 20 minutes 27 seconds East, a distance of 489.20 feet to a point lying on the vacated centerline of Russell Avenue; thence North 50 degrees 14 minutes 39 seconds East along said vacated centerline a distance of 160.18 feet; thence North 31 degrees 23 minutes 05 seconds West, a distance of 227.27 feet to a point lying on the South right-of-way line of Vivion Road; thence North 49 degrees 52 minutes 30 seconds East along said South right-of-way line, a distance of 16.20 feet; thence along a curve to the right having a radius of 1382.69 feet, (a central angle of 17 degrees 19 minutes 27 seconds) a length of 418.07 feet; thence South 28 degrees 03 minutes 17 seconds East, a distance of 151.25 feet; thence North 61 degrees 56 minutes 43 seconds East, a distance of 34.00 feet; thence South 28 degrees 03 minutes 17 seconds East, a distance of 40.00 feet; thence North 61 degrees 56 minutes 43 seconds East, a distance of 71.00 feet; thence South 28 degrees 03 minutes 17 seconds East, a distance of 34.00 feet; thence North 61 degrees 56 minutes 43 seconds East, a distance of 84.93 feet to a point lying on the Westerly right-of-way line of Chouteau Trafficway as now established; thence along said Westerly right-of-way line, on a curve to the left having a radius of 640.00 feet (an initial Tangent Bearing of North 34 degrees 37 minutes 39 seconds West, a central angle of 17 degrees 24 minutes 48 seconds) a length of 194.51 feet; thence South 52 degrees 52 minutes 44 seconds East along said Westerly right-of-way line, a distance of 133.30 feet to a point lying on the East line of Lot 43 Beulmar Acres; thence South 00 degrees 13 minutes 27 seconds West along the East line of Lots 43, 44, 45, 46, a distance of 606.67 feet to the Southeast Corner of Lot 46 Beulmar Acres; thence North 89 degrees 16 minutes 04 seconds West along the South line of said Lot 46, a distance of 370.21 feet to a point lying on the Southeasterly line of Lot 33 Beulmar Acres; thence along a curve to the right having a radius of 230 feet (an initial Tangent Bearing of South 54 degrees 27 minutes 45 seconds West, a central angle of 04 degrees 25 minutes 42 seconds) a length of 21.74 feet; thence South 58 degrees 29 minutes 40 seconds West, a distance of 159.76 feet; thence along a curve to the left, tangent to the last described course, having a radius of 200.00 feet (a central angle of 21 degrees 54 minutes 05 seconds) a length of 76.45 feet; thence South 41 degrees 04 minutes 05 seconds West, a distance of 44.47 feet; thence North 83 degrees 57 minutes 26 seconds West a distance of 650.02 feet to the point of beginning, except that part thereof in Vivion Road.

 

is hereby rezoned from Districts B2-2 (Neighborhood Business 2) and B3-2 (Community Business) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1099, 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 which also functions as the preliminary plat for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit a street tree planting plan with each final plat and secure the approval of the City Forester for street trees planted on public right of way, with a copy to be submitted to the Development Management Division prior to Mylar approval. The plan shall include size, type, species and placement of trees. The developer shall plant in accordance with the plan approved by the City Forester.

 

2.                  Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

3.                  The developer shall submit a final UR Plan to the Director of City Planning and 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) and building elevations prior to issuance of building permit.

 

4.                  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, as amended.

 

5.                  The developer shall submit a storm drainage study with the final plat from a Missouri-licensed civil engineer to the Land Development Division showing compliance with current adopted standards in effect at the time of submission, including water quality BMP's, to the Land Development Division for review and acceptance for the entire development area. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from, prior to recording the plat or prior to issuance of a building permit, whichever occurs first as required by the Land Development Division.

 

6.                  The developer shall 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'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. The developer shall 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 of occupancy permits.

 

7.                  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.

 

8.                  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.

 

9.                  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.

 

10.              The developer shall grant a BMP Easement to the City or execute a Covenant to Maintain with the City, as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

11.              The developer shall enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division, prior to recording the plat.

 

12.              All proposed new development within this UR district shall meet the requirements of Section 88-323, Boulevard and Parkway Standards.

 

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

 

14.              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).

 

15.              Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC-2012: § 3312.1; NFPA 241-2010: § 8.7.2).

 

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