COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120628

 

Rezoning an area of approximately 30.5 acres generally located on the south side of Carondolet Drive on both sides of Glen Arbor Road, to consider rezoning from Districts R-7.5, R-1.5, R-0.5, and B1-1 to District UR; approving a preliminary development plan for office uses and structured parking in two phases; appropriating $150,000.00 for public improvements for the project; and recognizing an emergency. (9382-UR-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 88-20A0913, rezoning an area of approximately 30.5 acres generally located on the south side of Carondolet Drive on both sides of Glen Arbor Road, from Districts R-7.5 (Residential 7.5), R-1.5 (Residential 1.5), R-0.5 (Residential 0.5), and B1-1 (Neighborhood Business 1-1) to District UR (Urban Redevelopment District), said section to read as follows:

 

Section 88-20A0913. That an area legally described as:

 

All that part of Lots 14, 15, 16, 17, 20, 21, 22 and 23, Ridenour Farm Tract, a subdivision of land in the Northeast Quarter of Section 6, Township 47 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri, and all that part of Glen Arbor Road, as now established, being bounded and described as follows: Beginning at the Southwest corner of said Lot 23; thence North 13 degrees 03 minutes 02 seconds West, along the Westerly line of said Lots 20, 21, 22 and 23, 923.39 feet to a point on the Southerly right-of-way line of Carondelet Drive, as now established; thence Easterly, along said right-of-way line, along a curve to the left, having an initial tangent bearing of South 58 degrees 07 minutes 58 seconds East, with a radius of 390.00 feet, a central angle of 28 degrees 59 minutes 47 seconds and an arc distance of 197.37 feet; thence South 87 degrees 07 minutes 45 seconds East, continuing along said right-of-way line, 330.69 feet; thence Northeasterly, continuing along said right-of-way line, along a curve to the left, being tangent to the last described course, with a radius of 390.00 feet, a central angle of 74 degrees 51 minutes 12 seconds and an arc distance of 509.51 feet to the Northwest corner of said Lot 17; thence South 87 degrees 07 minutes 16 seconds East, along the North line of said Lot 17, 287.04 feet; thence South 21 degrees 54 minutes 20 seconds East, 271.51 feet to a point on the Northerly line of said Lot 16; thence South 87 degrees 08 minutes 26 seconds East, along said North line, 350.00 feet to the Northeast corner of said Lot 16; thence South 21 degrees 54 minutes 58 seconds East, along the Easterly line of said Lot 16, 231.36 feet to the Southeast corner thereof; thence North 87 degrees 05 minutes 40 seconds West, along the South line of said Lot 16, 198.16 feet to a point of the Westerly high bank of a creek, as shown on the Certificate of Survey by Tuttle-Ayers-Woodward Co., Job Number 226090 and dated June 11, 1992; thence South 12 degrees 45 minutes 54 seconds West, along said Westerly high bank 4.53 feet; thence South 15 degrees 27 minutes 29 seconds East, continuing along said Westerly high bank, 16.96 feet; thence South 10 degrees 00 minutes 11 seconds West, continuing along said Westerly high bank, 46.21 feet; thence South 67 degrees 27 minutes 44 seconds East, continuing along said Westerly high bank, 18.02 feet; thence South 53 degrees 38 minutes 18 seconds East, continuing along said Westerly high bank, 15.28 feet; thence South 34 degrees 06 minutes 16 seconds East, continuing along said Westerly high bank, 16.98 feet; thence South 36 degrees 48 minutes 15 seconds East, continuing along said Westerly high bank, 18.90 feet; thence South 12 degrees 17 minutes 36 seconds East, continuing along said Westerly high bank, 18.79 feet; thence South 03 degrees 42 minutes 12 seconds West, continuing along said Westerly high bank, 21.77 feet; thence South 36 degrees 36 minutes 22 seconds East, continuing along said Westerly high bank, 17.11 feet; thence South 28 degrees 47 minutes 19 seconds West, continuing along said Westerly high bank, 28.19 feet; thence South 03 degrees 53 minutes 13 seconds West, continuing along said Westerly high bank, 22.39 feet to a point on the Northerly line of said Lot 14; thence South 87 degrees 03 minutes 40 seconds East, along said Northerly line, 241.59 feet to the Northeast corner thereof; thence South 21 degrees 54 minutes 58 seconds East, along the Easterly line of said Lot 14, 231.38 feet to the Southeast corner thereof; thence North 87 degrees 00 minutes 27 seconds West, along the Southerly line of said Lot 14, 922.01 feet to a point on the Westerly right-of-way line of said Glen Arbor Road; thence Southeasterly, along said right-of-way line, along a curve to the right, having an initial tangent bearing of South 46 degrees 05 minutes 00 seconds East, with a radius of 388.90 feet, a central angle of 29 degrees 53 minutes 58 seconds and an arc distance of 202.94 feet; thence South 16 degrees 11 minutes 03 seconds East, continuing along said right-of-way line, 92.48 feet to the Southeast corner of Lot 23; thence North 87 degrees 03 minutes 00 seconds West, along the Southerly line of said Lot 23, 905.11 feet to the Point of Beginning. Containing 30.47 acres, more or less.

 

is hereby rezoned from Districts R-7.5 (Residential 7.5), R-1.5 (Residential 1.5), R-0.5 (Residential 0.5), and B1-1 (Neighborhood Business 1-1) to District UR (Urban Redevelopment District), all as shown outlined on a map marked Section 88-20A0913, 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 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 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.

 

3.  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.

 

4.  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.

 

5.     That the developer construct a cul-de-sac at the terminus of Glen Arbor Road as required by Land Development Division and the Fire Department.

 

6.   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, to identify 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, 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.

 

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

 

10. That the developer provide acceptable easements for any deep sewers where proposed fill is added or where the sewer will be further obstructed by surface improvements and that a structural analysis be provided to confirm adequate structural integrity for the proposed loading conditions of this plan, and secure permits and provide City approved executed and recorded easements prior to adding fill or constructing surface obstructions as required by Land Development Division.

 

11.  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.

 

12.  That the developer grant on City approved forms, BMP Easements to the City, as required by Chapter 88 and Land Development Division, prior to issuance of any building permits or BMP permits, whichever occurs first.

 

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 abandon and relocate water mains and install fire hydrants as required by the Water Services Department.

 

15. That the developer provide additional sanitary sewers easements as required by the Water Services Department.

 

16.  That the developer construct westbound dual left turn lanes at the intersection of State Line Road and Carondelet Drive/Eastbound I-435 Off-Ramp prior to issuance of any certificate of occupancy for Phase 1 as shown on the development plan.

 

17. That the developer submit a final UR plan to the Director of City 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), retaining wall materials and building elevations, including parking structure screening.

 

18. That this rezoning will not be effective until and unless Ordinance No. 120694 (Carondelet Drive TIF Plan) takes effect. 

 

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.

 

Section D.  That $150,000.00 is appropriated from the Unappropriated Fund Balance of the Arterial Street Impact Fund to the following account:

 

13-2430-897626-89008247-B  South Development Impact

District – Project Apple

Public Improvements       $150,000.00

 

Section E.  That the Director of Public Works is designated as requisitioning authority for Account No. 13-2430-897626.

 

Section F. That installation of the traffic signal at the west project entrance is hereby authorized.

 

Section G. That this ordinance is recognized as an emergency measure within the provisions of Section 503 of the City Charter in that it appropriates money and shall take effect in accordance with that section.

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

 

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