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Legislation #: 170721 Introduction Date: 9/21/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of about 9.60 acres generally bounded by E. 79th Street to the south and Kansas City Southern Railroad to the west from District R-7.5 to District UR, and approving a preliminary development plan that also serves as the preliminary plat to allow for a 60-unit multifamily residential development and the creation of a lot and tract. (14830-UR)

Legislation History
DateMinutesDescription
9/20/2017 Filed by the Clerk's office
9/21/2017 Referred to Planning, Zoning & Economic Development Committee
9/27/2017 Advance and Do Pass, Debate
9/28/2017 Passed

View Attachments
FileTypeSizeDescription
170721.pdf Authenticated 316K Authenticated
170721 Plan.pdf Plan 86285K * Approved Plan
170721 Exhibit.pdf Exhibit 712K Exhibit
170721 Staff Report.pdf Staff Report 9071K Staff Report
170721 Fact Sheet.pdf Fact Sheet 247K Fact Sheet
* - Attachment is too large for LiveWeb to display.

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ORDINANCE NO. 170721

 

Rezoning an area of about 9.60 acres generally bounded by E. 79th Street to the south and Kansas City Southern Railroad to the west from District R-7.5 to District UR, and approving a preliminary development plan that also serves as the preliminary plat to allow for a 60-unit multifamily residential development and the creation of a lot and tract. (14830-UR)

 

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 88-20A1123, rezoning an area of approximately 9.60 acres generally bounded by E. 79th Street to the south and Kansas City Southern Railroad to the west from District R-7.5 (Residential 7.5) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A1123. That an area legally described as:

 

A tract of land lying and situated in the West-halves of the Fractional Northwest and Southwest Quarters of Section 18, Township 48 North, Range 32 West of the Fifth Principal Meridian in Kansas City, Jackson County, Missouri, said Quarter-sections labeled as Government Lot 2 of said (respective) Quarter-sections on the plat of the original survey of said Township and Range by the General Land Office in 1843, said Tract more particularly described as follows:

 

(Note: The bearings in this description are based on the South line of said Fractional Northwest Quarter having a bearing of South 87 degrees 50 minutes 40 seconds East as determined by Global Positioning System observations and referenced to the Missouri State Plane Coordinate System, West Zone, NAD83.)

 

Commencing at the Southwest corner of said Fractional Northwest Quarter, also being the Southwest corner of Government Lot 2 of said Fractional Northwest Quarter; thence South 87 degrees 50 minutes 40 seconds East 1288.51 feet on the South line of said Fractional Northwest Quarter to the Southeast corner of said Government Lot 2 of the Fractional Northwest Quarter, said corner lying North 87 degrees 50 minutes 40 seconds West 1321.14 feet from the Southeast corner of said Fractional Northwest Quarter, also being the Southwest corner of Oldham View, a subdivision of land in said city, county and state; thence North 02 degrees 09 minutes 18 seconds East 30.00 feet on the East line of said Government Lot 2, also being the West line of said Oldham View, to the North Right-of-Way line of 79th Street and the point of beginning of the tract of land herein described; thence North 87 degrees 50 minutes 40 seconds West 58.53 feet on said North Right-of-Way line to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the beginning of a tangent curve concave southeasterly; thence westerly and southwesterly on said curve, and on the North Right-of-Way line of (diverted) 79th Street, an arc length of 136.06 feet, said curve having a radius of 407.00 feet and an interior angle of 19 degrees 09 minutes 13 seconds, to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the point of tangent of said curve; thence South 73 degrees 00 minutes 07 seconds West 221.71 feet continuing on said North Right-of-Way line of (diverted) 79th Street to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the most southerly corner of said Tract; thence departing said North Right-of-Way line North 16 degrees 58 minutes 25 seconds West 104.05 feet to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the beginning of a tangent curve concave southwesterly; thence northwesterly on last said curve an arc length of 114.25 feet, last said curve having a radius of 130.00 feet and an interior angle of 50 degrees 21 minutes 18 seconds, to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the point of tangent of last said curve; thence North 67 degrees 19 minutes 43 seconds West 85.77 feet to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the Southwest corner of said Tract; thence North 02 degrees 09 minutes 18 seconds East 587.92 feet, parallel with the West line of said Oldham View to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the Northwest corner of said tract; thence South 87 degrees 50 minutes 40 seconds East 593.19 feet, parallel with the South line of said Fractional Northwest Quarter to a 1/2 inch reinforcing rod with a cap marked "MO CLS 2006009875-F" set at the Northeast corner of said Tract, said corner lying on the East line of said Government Lot 2 of the Fractional Northwest Quarter and also being the Northwest corner of Lot 7 and the Southwest corner of Lot 8, said Oldham View (as measured 300.00 feet northerly from a 5/8 inch smooth metal rod found at the Southwest corner of Lot 5, said OLDHAM VIEW); thence South 02 degrees 09 minutes 18 seconds West 700.16 feet on said East line of Government Lot 2 and said West line of Oldham View to the point of beginning, said tract containing 418,208 square feet or 9.6007 acres.

 

is hereby rezoned from District R-7.5 (Residential 7.5) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1123, 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.                  The following shall be shown on the UR Final Plan:

 

a.                   Show improvements to entrance drive to 79th Street.

b.                  A sidewalk connecting to the future public sidewalk and internal circulation shall be included along drive.

 

c.                   Crosswalks shall be provided for pedestrians when sidewalks require connections over vehicular use areas.

 

d.                  Street tree plan shall be approved by the City Forester.

 

2.                  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.

 

3.                  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.

 

4.                  The developer shall dedicate additional right of way for E. 79th Street as required by the adopted Major Street Plan and/or Chapter 88 so as to provide a minimum of 40 feet of right of way as measured from the centerline, and ensure right of way dedication is adequate for any proposed road improvements as required by the Public Works Department adjacent to this project.

 

5.                  The developer shall subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

6.                  After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

 

7.                  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.

 

8.                  The developer shall pay impact fees as required by Chapter 39 of the City's Code of Ordinances, 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 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.

 

11.              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.

 

12.              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.

 

13.              The developer shall submit a preliminary stream buffer plan prior to approval of the Development Plan/Preliminary Plat in accordance with the Section 88-415 requirements.

 

14.              The developer shall submit a final stream buffer plan to the Land Development Division for approval prior to issuance of any building permits and obtain permits for the Stream Buffer prior to removal of any mature riparian species within the buffer zones due to building activities on the site, in accordance with the Section 88-415 requirements.

 

15.              The developer shall grant on City approved forms, a stream buffer easement to the City or show and label the final stream buffer zones on the subdivision plat within a private open space tract, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

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

 

17.              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 on any plat and plan, as required by the Land Development Division.

 

18.              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.

 

19.              Exterior walls must comply with fire resistance requirements of IBC section 602. The maximum area of exterior wall openings must comply with IBC table 705.8

 

20.              The developer shall relabel proposed 8” water mains as private.  Private water mains on private property.  Water main easement can be removed from drawing.

 

21.              The developer shall provide sanitary sewer easements.

 

22.              The developer shall extend a private water main.

 

23.              The developer shall replace the existing 4” water main with a new 8” water main that runs along E. 79th Street.

 

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:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney