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Legislation #: 190280 Introduction Date: 4/11/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a development plan on approximately 7.1 acres generally located at 6401 E. U.S. Highway 40 and the southeast quadrant of E. U.S. Highway 40 and Interstate 70 in District M1-5 to permit construction of a warehousing, wholesaling, storage, and freight movement (outdoor) facility. (CD-CPC-2019-00032) ** At the request of the applicant this item will be held until June 12th, 2019. **

Legislation History
DateMinutesDescription
4/10/2019 Filed by the Clerk's office
4/11/2019 Referred to Planning, Zoning & Economic Development Committee
4/17/2019 Hold On Agenda (5/1/2019)
5/1/2019 Hold On Agenda (6/12/2019)

View Attachments
FileTypeSizeDescription
190280.pptx Other 4254K Presentation
PZEd_256001_BlueNileHwy40_DevelopmentPlan_20190412.pdf Plan 4884K plans for PZ&Ed (still not revised per CPC)
190280 Fact Sheet.pdf Fact Sheet 577K Fact Sheet
revised plans for applicant DRC.pdf Plan 4723K plans (NOT YET REVISED PER CPC)
docket map.pdf Maps 292K docket map
CD-CPC-2019-00032_stfrpt_PZ Ed_04_17_2019.pdf Staff Report 1227K staff report

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ORDINANCE NO. 190280

 

Approving a development plan on approximately 7.1 acres generally located at 6401 E. U.S. Highway 40 and the southeast quadrant of E. U.S. Highway 40 and Interstate 70 in District M1-5 to permit construction of a warehousing, wholesaling, storage, and freight movement (outdoor) facility. (CD-CPC-2019-00032) ** At the request of the applicant this item will be held until June 12th, 2019. **

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a development plan in District M1-5 (Manufacturing 1, dash 5) on approximately 7.1 acres generally located at 6401 E. U.S. Highway 40 and the southeast quadrant of E. U.S. Highway 40 and Interstate 70, and more specifically described as follows:

 

All that part of the south 625 feet of Lot 5, Commissioners Plat No. 2 of Levi Owings Estate, lying south of U.S. Highway 40 cut-off, east of Interstate I-70 and west of the west bank of Big Blue River, and all that part of the Southeast Quarter of the Southwest Quarter of Section 13, Township 49 North, Range 33 West, lying north of Interstate I-70 and west of the west bank of Big Blue River described as follows:

 

Commencing at the northwest corner of the Northeast Quarter of the Southwest Quarter of said Section 13; thence South 87 degrees 53 minutes 52 seconds East, along the south line of said Section 13, a distance of 936.71 feet to the point of beginning; thence North 02 degrees 06 minutes 08 seconds East (North 0 degrees 00 minutes East, deed), a distance of 90.00 feet; thence North 51 degrees 14 minutes 22 seconds West (North 53 degrees 20 minutes 30 seconds West, deed), a distance of 259.10 feet to a point on the south right of way line of U.S. Highway 40 cut-off; thence the following courses and distances along said right of way line; thence North 70 degrees 27 minutes 08 seconds East (North 68 degrees 21 minutes East, deed), a distance of 345.00 feet; thence South 19 degrees 32 minutes 52 seconds East (South 21 degrees 39 minutes East, deed), a distance of 10 feet; thence North 70 degrees 27 minutes 08 seconds East, (North 68 degrees 21 minutes East, deed), a distance of 143.37 feet; thence departing said south right of way line, along a curve to the right, having an initial tangent bearing of South 21 degrees 14 minutes 16 seconds East, a radius of 275 feet, a central angle of 32 degrees 57 minutes 09 seconds and an arc distance of 158.16 feet; thence tangent to the last described course, South 11 degrees 42 minutes 52 seconds West, a distance of 21.48 feet to a point of curvature; thence along a curve to the left, having a radius of 365 feet, a central angle of 38 degrees 54 minutes 15 seconds and an arc distance of 247.84 feet to a point on the south line of said Northwest quarter; thence South 87 degrees 53 minutes 52 seconds East, along said south line, a distance of 9.00 feet; thence departing said south line, South 15 degrees 07 minutes 02 seconds East, a distance of 194.97 feet; thence South 00 degrees 54 minutes 25 seconds West, a distance of 216.49 feet to a point on the north right of way line of Interstate I-70; thence the following courses and distances; thence North 59 degrees 28 minutes 45 seconds West, distance of 113.85 feet, thence North 32 degrees 38 minutes 04 seconds West, a distance of 112.18 feet; thence North 59 degrees 22 minutes 52 seconds West, a distance of 274.29 feet; thence North 02 degrees 12 minutes 12 seconds East, a distance of 125.35 feet to a point on the south line of the Northwest Quarter of said Section 13; thence departing the north right of way line of Interstate I-70 and along the south line of said Northwest Quarter, South 87 degrees 53 minutes 52 seconds East, a distance of 27.25 feet to the point of beginning. All the above Tracts 1, 2 and 3 are subject to that part in 31st Street.

 

And also all that part of the south 625 feet of Lot 5, Commissioners Plat No. 2 of Levi Owings Estate, lying south of U.S. Highway 40 cut-off, being part of the Southeast Quarter of the Northwest Quarter of Section 13, Township 49 North, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the south line of said Quarter, Quarter Section which is 800 feet east (measured along said south line) of the southwest corner of said Quarter, Quarter Section; thence north a distance of 90 feet; thence North 53 degrees 20 minutes 30 seconds West a distance of 259.10 feet to the south line of U.S. Highway 40 cut-off; thence South 68 degrees 21 minutes West along the south line of said highway a distance of 280.00 feet to the northerly right of way line of Interstate Route No. 70, as now established; thence South 21 degrees 39 minutes East along said northerly right of way a distance of 37.5 feet; thence South 61 degrees 29 minutes East along said northerly right of way a distance of 225 feet (measured 221.84) feet to the south line of said Quarter, Quarter Section; thence east along said south line to the point of beginning.

 

is hereby approved, subject to the following conditions:

 

1.                  The developer shall remove all work, including storage area, from the flood plain.

 

2.                  No new facilities on the Blue River shall be constructed in a way that allows encroachment into the regulatory floodplain and floodway.

 

3.                  The developer shall obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain with a no rise certificate or a LOMAR to satisfy FEMA requirements for construction activities within the floodplain showing the limits of the 100-year floodplain and showing 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).

 

4.                  The developer shall grant a BMP and/or surface drainage easement to the City. Surface drainage easements must accommodate the 1% storm overflow path. Stormwater management facilities, detention basins, BMPs and overflow path shall be preferably located on a separate tract or if the separate tracts won’t work, lots with easements and maintenance covenants covering intended use in both cases.

 

5.                  The developer shall submit a storm drainage analysis, from a Missouri-licensed civil engineer in accordance with the latest adopted version of APWA 5600 standards to ensure no increase in the 10% or 1% rates or volumes, including a BMP level of service analysis per the latest adopted version of the MARC BMP Manual and the developer shall construct any improvements as required.

 

6.                  Domestic water and fire service lines shall be brought in compliance with current Kansas City, Missouri Rules and Regulations for water service lines.

 

7.                  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.

 

8.                  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.

 

9.                  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.

 

10.              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.

 

11.              The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.

 

12.              The developer shall obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

13.              The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

14.              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.

 

15.              The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

16.              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.

 

17.              The developer shall grant a BMP easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

18.              The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way of Highway 40.

 

19.              The developer shall obtain all necessary permits from the Missouri Department of Transportation prior to certificate of occupancy.

 

20.              If there is any construction or grading within the floodplain boundaries, the developer must apply for a floodplain application and comply with the following conditions:

 

(a)                The storage or processing of materials within the special flood hazard area that are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life during a flood is prohibited.

 

(b)               Storage of other material or equipment may be allowed if not subject to major damage by floods, and if firmly anchored to prevent flotation or if readily removable from the area within the time available after a flood warning.

 

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 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 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