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Legislation #: 150461 Introduction Date: 6/11/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 2.84 acres generally located south of E. 51st Street between Oak Street and Brookside Boulevard from District B3-2 to District MPD, and approving a development plan for a multistory structure containing a grocery store, retail sales, offices, residential uses and parking. (14555-MPD)

Legislation History
DateMinutesDescription
6/10/2015 Filed by the Clerk's office
6/11/2015 Referred to Planning, Zoning & Economic Development Committee
6/17/2015 Advance and Do Pass, Debate
6/18/2015 Passed

View Attachments
FileTypeSizeDescription
150461.pdf Authenticated 356K Authenticated
2015.0604_MPD Resubmittal.pdf Plan 9759K plan
C014555MPD_Fact_Sheet.pdf Fact Sheet 281K Fact Sheet
C014555MPD_final_CPC_distribution_05_19_15.pdf Staff Report 21141K Staff Report

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ORDINANCE NO. 150461

 

Rezoning an area of approximately 2.84 acres generally located south of E. 51st Street between Oak Street and Brookside Boulevard from District B3-2 to District MPD, and approving a development plan for a multistory structure containing a grocery store, retail sales, offices, residential uses and parking. (14555-MPD)

 

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 88-20A1013, rezoning an area of approximately 2.84 acres generally located south of E. 51st Street between Oak Street and Brookside Boulevard from District B3-2 (Community business (dash2)) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A1013. That an area legally described as:

 

A tract of land in the Northwest Quarter of Section 32, Township 49 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri, being bounded and described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence South 02 degrees 39 minutes 34 seconds West, along the East line of said Northwest Quarter, 44.77 feet; thence North 87 degrees 20 minutes 26 seconds West, 50.00 feet to the intersection of the West right-of-way line of Oak Street, as now established and the South right-of-way line of E. 51st Street, as now established said point also being the point of beginning of the tract of land to be herein described; thence South 02 degrees 39 minutes 34 seconds West, along said West right-of-way line, 397.55 feet; thence North 87 degrees 19 minutes 22 seconds West, 293.85 feet; thence North 02 degrees 05 minutes 44 seconds West, 400.33 feet to a point on said South right-of-way line; thence South 87 degrees 04 minutes 42 seconds East, along said South right-of-way line, 327.04 feet to the point of beginning. Containing 123,623 square feet or 2.84 acres, more or less.

 

is hereby rezoned from District B3-2 (Community business (dash2)) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1013, 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.

 

2. That the developer submit a storm drainage analysis from a Missouri licensed civil engineer to the Land Development Division evaluating proposed improvements and impact to drainage conditions. Since this project is within a "Combined Sewer Overflow" (CSO) district, the project shall be designed to retain rainfall of 1.5 inch depth over the entire site to simulate natural runoff conditions and reduce small storm discharge to the combined sewer system. Manage the 10-year storm and 100-year storm per currently adopted APWA standards. The analysis shall be submitted, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.

 

3. That the developer submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department, and secure permits for those improvements as required by the Land Development Division, prior to recording the plat.

 

4. That the developer verify vertical and horizontal sight distance for the drive connection to N. Oak Street or E. 51st Street and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.

 

5. 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 lights must comply with all adopted lighting standards.

 

6. That the developer submit a streetscape plan for approval and permitting by the Land Development Division prior to beginning construction of the streetscape improvements in the public right of way, and construct ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired.

 

7. 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.

 

8. That the owner/developer 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.

 

9. That the developer provide acceptable easements and secure permits to relocate sanitary sewers out from under proposed buildings and structures, etc., while continuing to ensure individual service is provided to all proposed lots 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 make improvements as recommended in the approved traffic impact study, as required by Public Works Department, including:

 

a.                   Widen Brookside Boulevard and add a southbound left-turn lane at the intersection of Brookside Boulevard and 51st Street extending to the existing median to create a smooth transition,

 

b.                  Widen Brookside Boulevard and add a northbound left-turn lane at the intersection of Brookside Boulevard and 51st Street with a minimum of 50 feet of storage plus appropriate taper,

 

c.                   Install and upgrade the traffic signals at Brookside Boulevard and 51st Street as necessary to accommodate the intersection improvements and to meet current ADA and Accessible Pedestrian Signal (APS) standards. 

 

11. That the developer either install or relocate all water mains, sewers and fire hydrants as required by the Water Services Department.

 

12. That the developer provide for fire protection as required by the Fire Department.

 

13. That the developer apply for and receive an encroachment permit for any private use within the public right-of-way.

 

14. That the developer contribute parkland dedication money at a rate of $16,907.93 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code and as anticipated to be as follows:

 

* 170 MF units x 2 persons/unit x 0.006 acres/person = 2.04 acres

* 2.04 acres x $16,907.93 = $34,492.18

15. That within 30 days of approval of a preliminary development plan by the City Council, the landowner must file with the appropriate recorder of deeds office a statement that such a plan: (1) has been filed with the City Plan Commission; (2) has been approved; (3) that the MPD preliminary development plan is applicable to certain specified legally-described land; and (4) that copies of the plan are on file in the City Development Department. The statement recorded with the recorder of deeds must also specify the nature of the plan, the proposed density or intensity of land use and other pertinent information sufficient to notify any prospective purchasers or users of the land of the existence of such a plan and further include all information as required by Section 88-520-03-H.

 

16. That the developer submit a final MPD Development Plan for each project or phase of the development to the City Plan Commission prior to issuance of a building permit. The final MPD Development Plan shall meet the development standards of Chapter 88-400 including plan information, property uses, setback distances. lighting (with a photometric study), landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery, (ii) buildings and dumpster elevation drawings. (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section, streetscaping, signage (including elevations), and architectural characteristics.

 

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:

 

 

_________________________________

M. Margaret Sheahan Moran

Assistant City Attorney