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Legislation #: 121076 Introduction Date: 12/20/2012
Type: Ordinance Effective Date: 2/17/2013
Sponsor: COUNCILMEMBER JAMES, JR.
Title: Approving an amendment to a previously approved preliminary Chapter 80 development plan in District B4-5 on approximately 9 acres generally located at the northwest corner of Bannister Road and Pryor Road (14400 E. Bannister Road) to allow for 144 multi-family residential units and up to 10,000 sq. ft. of commercial uses or 24 additional multi-family residential uses. (9282-P-3)

Legislation History
DateMinutesDescription
12/20/2012 Filed by the Clerk's office
12/20/2012 Referred to Planning, Zoning & Economic Development Committee
1/16/2013 Hold On Agenda (1/23/2013)
1/23/2013 Hold On Agenda (1/30/2013)
1/30/2013 Hold On Agenda (2/6/2013)
2/6/2013 Advance and Do Pass as a Committee Substitute, Debate
2/7/2013 Passed as Substituted

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121076.pdf Authenticated 5397K Authenticated
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121076 Petition of Protest #2.pdf Petition 136K Petition of Protest #2
121076 Petition of Protest.pdf Petition 2304K Petition of Protest
C009282P3_STAFFRPT12_18_12.doc Staff Report 538K Staff Report
C009282P3_FACTSHT.xls Fact Sheet 120K Fact Sheet
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No Fact Sheet Ordinance.docx Fact Sheet 17K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 121076

Approving an amendment to a previously approved preliminary Chapter 80 development plan in District B4-5 on approximately 9 acres generally located at the northwest corner of Bannister Road and Pryor Road (14400 E. Bannister Road) to allow for 144 multi-family residential units. (9282-P-3)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary Chapter 80 development plan in District B4-5 (Heavy Business/Commercial) (formerly C-3a2-p, Intermediate Business, High Buildings – Limited District), on approximately 9 acres generally located at the northwest corner of Bannister Road and Pryor Road (14400 E. Bannister Road), and more specifically described as follows:

A tract of land in the Southeast Quarter of Section 26, Township 48 North, Range 32 East, in Kansas City, Jackson County, Missouri, more particularly described as follows; commencing at the Southeast corner of said Section 26; thence along the East line of said Southeast Quarter, North 03 degrees, 26 minutes, 49 seconds East, 1374.26 feet; thence North 86 degrees, 33 minutes, 11 seconds West, 254.82 feet to a point on the Westerly Right-of-Way line of Pryor Road and the point of beginning; thence along the Northerly Right-of-Way line of Bannister Road, South 77 degrees, 12 minutes, 41 seconds West, 55.62 feet; thence continuing along the Northerly Right-of-Way line of said road, parallel to said center line, North 78 degrees, 33 minutes, 38 seconds West, 106.86 feet; thence continuing along the Northerly Right-of-Way line of said road, North 87 degrees, 05 minutes, 20 seconds West, 101.12 feet; thence continuing along the Northerly Right-of-Way line of said road, South 84 degrees, 44 minutes, 24 seconds West, 104.40 feet; thence continuing along the Northerly Right-of-Way line of said road, parallel to said center line, North 78 degrees, 33 minutes, 38 seconds West, 313.88 feet; thence North 11 degrees, 26 minutes, 22 seconds East, 597.36 feet to the southerly line of Lot 3, Country Creek Townhomes - 1st Plat, a subdivision in Kansas City, Jackson County, Missouri; thence South 82 degrees 02 minutes, 48 seconds East, 638.03 feet to the westerly Right-of-Way line of Pryor Road; thence South 07 degrees, 57 minutes, 16 seconds West along the Westerly Right-of-Way line of said Pryor Road, 569.39 feet to the point of beginning.

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 submit a macro/micro storm drainage study, including a BMP level of service analysis, to the Land Development Division for review and acceptance for the entire development. Downstream flooding problems will be taken into consideration when estimating the release rate and volume release as determined by Land Development Division and the developer must 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 the developer dedicate right of way for Bannister Road as required by the Public Works Department and the Land Development Division so as to provide a total of 56 feet of right of way as measured from the centerline of Bannister Road.

4. That the developer widen Bannister Road so as to provide a second westbound through lane along the entire frontage of the development at the time of development of Phase 1.

5. That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

6. That the developer integrate into the existing streetlight system any relocated existing streetlights 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 must comply with all adopted lighting standards.

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

8. 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.

9. 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.

10. 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.

11. That the developer 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. That the developer contribute $24,012.61 in lieu of parkland dedication for 144 multifamily units (144 X 2.0 X .006 (less credit for 0.31 acres of private open space) X $16,934.14 (year 2012) = $24,012.61) in satisfaction of Section 88-405-17 of the Zoning and Development Code.

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

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

15. That the developer provide adequate intersection sight distance per AASHTO standards for all approaches at all development driveways, as required by the Land Development Division.

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

17. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (the landscaping plan shall include an earthen berm constructed between the western property line and the west parking lot(s) and such berm and setback area shall be heavily landscaped to include mostly non-deciduous trees and shrubs with 14’ tall evergreen trees spaced every 20 feet so as to prevent automobile headlight beams from shining into the residential homes west of the fire road on the west boundary of the development), signage (including elevations), lighting (including a photometric study showing no direct illumination beyond the property line) and building elevations.

18. That the developer shall provide a pre-construction survey of all homes within 500 feet of the point of any rock excavation (including, but not limited to blasting and usage of ram hoe(s)), provide seismic monitoring of all homes within 500 feet of the point of any such rock excavation during construction, and provide a post-construction survey of all homes within 500 feet of the point of any rock excavation. Post-construction home surveys will be conducted upon the request of any property owner. Contractors and subcontractors will maintain liability insurance adequate to cover any damages occurring during the rock excavation portion of construction activities. If blasting is required, the blasting contractor shall be bonded and insured so as to provide indemnity for rock excavation damage. Surveys and monitoring shall be provided by a qualified firm/contractor not associated with the design or construction of the development.

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is made a part hereof.

Section B. 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 80 (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