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Legislation #: 140288 Introduction Date: 4/10/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHARP AND COUNCILMEMBER TAYLOR
Title: Rezoning an area of about 16.7 acres generally located at the northwest corner of W. Bannister Road and Wornall Road and on the south side of Ward Parkway from District R-7.5 to District UR, and approving a development plan for office buildings, structured parking, and surface parking lots. (13827-UR-2)

Legislation History
DateMinutesDescription
4/9/2014 Filed by the Clerk's office
4/10/2014 Referred to Planning, Zoning & Economic Development Committee
4/16/2014 Hold On Agenda (5/14/2014)
5/14/2014 Advance and Do Pass as a Committee Substitute, Debate
5/15/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140288.pdf Authenticated 591K Authenticated
140288 Staff Report.pdf Staff Report 1113K Staff Report
140288 Fact Sheet Pt.1.pdf Fact Sheet 201K Fact Sheet
PDP_Combined Drawings_3-21-2014.pdf Plan 6438K site plan

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140288

 

Rezoning an area of about 16.7 acres generally located at the northwest corner of W. Bannister Road and Wornall Road and on the south side of Ward Parkway from District R-7.5 to District UR, and approving a development plan for office buildings, structured parking, and surface parking lots. (13827-UR-2)

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 88-20A0948, rezoning an area of approximately 16.7 acres generally located at the northwest corner of W. Bannister Road and Wornall Road and on the south side of Ward Parkway from District R-7.5 (Residential 7.5) to District UR (Urban Redevelopment) and approving a development plan for office buildings, structured parking, and surface parking lots, said section to read as follows:

 

Section 88-20A0948. That an area legally described as:

 

Part of the Northeast 1/4 of Section 30, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southeast corner of said 1/4 section; thence North 2 degrees 14 minutes 28 seconds East along the east line of said 1/4 section, a distance of 47.10 feet; thence North 87 degrees 38 minutes 14 seconds West, a distance of 20.0 feet to the true point of beginning of the tract of land herein described; said point also being the point of intersection of the west line of Wornall Road and the north line of Bannister Road, as said roads are now established; thence North 87 degrees 38 minutes 14 seconds West along the north line of said Bannister Road, a distance of 1032.64 feet; thence North 6 degrees 47 minutes 30 seconds East, a distance of 83.77 feet; thence North 42 degrees 37 minutes 00 seconds East, a distance of 180.01 feet; thence North 47 degrees 23 minutes 00 seconds West, a distance of 85.00 feet; thence North 42 degrees 37 minutes 00 seconds East, a distance of 379.00 feet; thence North 33 degrees 22 minutes 40 seconds East, a distance of 68.13 feet; thence North 47 degrees 21 minutes 00 seconds West, a distance of 81.51 feet; thence North 42 degrees 39 minutes 00 seconds East, a distance of 386.51 feet to a point on the southerly line of Ward Parkway, as now established; thence South 72 degrees 04 minutes 13 seconds East along said southerly line, a distance of 51.24 feet; thence in a southeasterly direction along said southerly line and along a curve to the left having a radius of 657.64 feet and tangent to the last described course, an arc distance of 84.18 feet; thence South 81 degrees 40 minutes 43 seconds East along said southerly line, a distance of 5.16 feet; thence in a southeasterly direction along said southerly line and along a curve to the left having a radius of 1740.00 feet and tangent to the last described course, an arc distance of 199.50 feet; thence in easterly direction along said southerly line and along a curve to the right having a radius of 2275.83 feet and having a tangent common to the last described curve, an arc distance of 108.57 feet; thence in and easterly and southeasterly direction along said southerly line and along a curve to the right having a radius of 59.00 feet and tangent common to the last described curve, an arc distance of 82.55 feet; thence South 3 degrees 04 minutes 24 seconds East along said southerly line, a distance of 76.66 feet to the west line of said Wornall Road; thence South 2 degrees 14 minutes 28 seconds West along said west line, a distance of 786.69 feet to the true point of beginning, except that part conveyed to City of Kansas City, Missouri, for new right-of-way for Wornall road by instrument recorded July 29, 1991 as Document No. K-982203 in Book K-2147, page 1287 and except that part conveyed to the State of Missouri for new right-of-way for Bannister Road by instrument recorded as Document No. K500077 in Book K1101 at page 312. Gross area= ±17.48 acres / ±761,274 sq.ft. Net area= ±16.69 acres / ±727,077 sq.ft.

 

is hereby rezoned from District R-7.5 (Residential 7.5, 7,500 sq. ft. of lot area required per residential unit) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A0948, 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 prior to submission of plans for building permit, there occur collaboration between staff, adjacent residential property owners and neighborhood association representatives, and the applicant to discuss:

 

a)                  architectural design and materials of the parking garages;

 

b)                  landscape screening of the parking areas, parking garages, and egress from the site (onto Wornall Road);

 

c)                  lighting;

 

d)                 traffic concerns;

 

e)                  signage

 

and to facilitate the collaboration, the applicant provide section drawings, addressing the project’s Wornall Road frontage, as required to determine:

 

f)                   visibility of the project, particularly the Phase 2 parking garage, from residential properties located on the east side of Wornall Road and necessary berming and landscape screening required;

 

g)                  necessary landscape screening (type of plant materials, including location and size) on the east side of Wornall Road to minimize any effect of headlights of vehicles exiting the office development onto residential properties.

 

If at any time either applicant, staff or the adjacent residential property owners and neighborhood association representatives shall determine that further collaboration is not productive, then the Director of City Planning and Development shall make determinations as to such unresolved issues, which determination shall be final unless the City Council shall, by separate ordinance, approve a different resolution of any or all of such issues.     

 

(2) That prior to issuance of a building permit, the UR plan drawings be revised as follows and submitted to Development Management Division staff (one paper copy collated, stapled, and folder and one digital copy via email), with review and approval by staff, so as to:

 

a) Address resolution of items outlined in Condition 1. above;

 

b) Portray architecture and materials (including renderings) of the proposed parking garages (Phase 1 and 2);

 

c) Portray landscaping in compliance with 88-425 of the Zoning & Development Code, and additionally showing:

 

i)                    Additional materials at the northwest corner of Bannister Road and Wornall Road;

 

ii)                  Evergreens within street tree plantings along Wornall Road and Bannister Road;

 

d) Indicate maximum heights of Phase 1 and 2 garage structures;

 

e) Label the proposed elevated walkway on Sheet LS100-A;

 

f)                   Portray connection of proposed pedestrian walkways to public sidewalks on Bannister Road;

 

g)                  Address material and details of pedestrian walkways through the site;

 

h)                  Verify compliance with 88-430 Outdoor Lighting of the Zoning & Development Code, specifically showing:

 

i.                    Height of poles;

 

ii.                  Shielding of fixtures;

 

iii.                Illumination array for Phase 2, also addressing lighting of top deck of garage and mitigating vehicle headlights shining onto residential properties to the east.

 

i)                    Show elevation drawings of proposed signage, with information per 88-445 of the Zoning & Development Code.

 

(3) That for each project or phase of the development plan, the developer submit a site plan to the Director of the Department of City Planning & Development for approval prior to issuance of a building permit.  The site plans shall include:

 

a)                  development plan information;

 

b)                  property uses;

 

c)                  setback distances;

 

d)                 lighting (per 88-430 of the Zoning & Development Code);

 

e)                  landscaping (per 88-425 of the Zoning & Development Code);

 

f)                   signage (per 88-445 of the Zoning & Development Code); and

 

g)                  architectural characteristics, including materials.

 

(4) That 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, commonly known as the Development Regulations.

 

(5) That the developer submit a detailed Micro Storm Drainage Study showing compliance with the approved and most current Macro Study on file with the City and with current adopted standards in effect at the time of submission, including a detailed analysis and design of the permanent water quantity and water quality BMP's, conveyance systems and sewer services, prior to approval and issuance of any building permits to construct improvements on the site; that the developer verify and/or improve downstream conveyance systems or address solutions for impacted properties due to flow contributions from the site; and that the developer construct any other improvements as required by the Land Development Division as necessary to mitigate impacts from rate, volume and quality of runoff from the proposed site.

 

(6) 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.

 

(7) 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. 

 

(8) That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division for the property and address any inadequacies therein prior to issuance of connection authorization and/or issuance of any temporary certificate of occupancy (TCO).

 

(9) That the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots or across jurisdictional boundaries 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 pay impact fees as required by Chapter 39 of the City's Code of ordinances as required by the Land Development Division.

 

(11) 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, 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.

 

(12) 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.

 

(13) That the developer show, label, and dimension all proposed right-of ways and easements, show and label center lines, and distinguish public versus private utilities on the plan.

 

(14) That the developer show and label sidewalks, curbs, and gutters as they exist adjacent to project frontage, and correctly within the right-of ways, show and label proposed sidewalks, curbs, and gutters, and show and label sidewalks, curbs, and gutters that need to be repaired or reconstructed.

 

(15) That the developer show all required off-site easements for utilities, grading, and/or street improvements that are to be obtained by the developer.

 

(16) That the developer depict concept for storm water management for the development plan including existing and proposed detention, BMP's, volume controls, or treatment areas, etc., as appropriate to conceptualize ultimate stormwater management plan for the project.  Include approximate size, required grading, etc., to demonstrating that the project can be feasibly designed in accordance with the adopted APWA/City stormwater standards and supplements.  Off-site systems (natural, proposed, or existing) should be shown adjacent to the developer for purposes of conveying conceptually how systems will be connected to or convey 100-year flows and conveyance paths.  Identify the private and public portions of the storm water management system and conveyance system.

 

(17) That the developer show and label the rectangular shape from the retention pond located at the northwest corner of the site on sheet CG120 (seems kind of a double pipe culvert crossing Ward Parkway?) and clarify on this sheet that the proposed culvert will be permitted by the Land Development Division.

 

(18) That the developer show and label the removal of the existing concrete paved open channel.

 

(19) That the rate and volume increase calculated for site drainage studies and mitigated through the implementation of stormwater infrastructure and best management practices be based on a comparison of the site’s natural, undeveloped condition to the proposed condition.

 

(20) That the developer make the following improvements as recommended by the approved traffic study and as required by the Department of Public Works Streets and Traffic Division:

 

a)                  Addition of an eastbound left turn lane on Bannister Road to accommodate vehicles entering the property from Bannister Road;

 

b)                  Addition of a northbound left turn lane at the Bannister Road and Wornall Road intersection;

 

c)                  Construction/reconstruction of sidewalks along the property’s Ward Parkway, Wornall Road, and Bannister Road frontages as necessary.

 

(21) That the developer provide fire protection as required by the Fire Department.

 

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