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Legislation #: 090532 Introduction Date: 6/18/2009
Type: Ordinance Effective Date: 7/19/2009
Sponsor: COUNCILMEMBER CIRCO AND COUNCILMEMBER RILEY
Title: Rezoning an area of approximately 28 acres generally located at the northeast corner of Blue Parkway and E. 63rd Street from District CP-2 to District URD, and approving a development plan for the same. (6141-URD-10)

Legislation History
DateMinutesDescription
6/18/2009 Filed by the Clerk's office
6/18/2009 Referred to Planning and Zoning Committee
7/8/2009 Advance and Do Pass as a Committee Substitute, Debate
7/9/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090532.pdf Authenticated 373K AUTHENITCATED
C006141URD10_STAFFRPT_06-16-09.doc Staff Report 121K staff report
Factsheet.xls Fact Sheet 70K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090532

 

Rezoning an area of approximately 28 acres generally located at the northeast corner of Blue Parkway and E. 63rd Street from District CP-2 to District URD, and approving a development plan for the same. (6141-URD-10)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0845, rezoning an area of approximately 28 acres generally located at the northeast corner of Blue Parkway and E. 63rd Street from District CP-2 (Local Planned Business Center) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0845. That an area legally described as:

 

Lot 1, the Brywood Centre, a subdivision of land recorded as Document No. I125473, in Book 32, at page 61, partly in Kansas City, partly in Raytown, and wholly in Jackson County, Missouri.

 

and

 

Lot 5, except that part thereof now in road, and except that part described as follows: Beginning at the southwest corner of Lot 5, north 99 feet to the northwest corner of said lot; thence east along the north line of said lot, 202 feet; thence south along a line 240 feet west of and parallel to the center line of existing slab of Blue Ridge Cut-off, a distance of 99 feet to the south line of said lot; thence west along the south line, a distance of 201.55 feet to the point of beginning, being in Primms Acres, a subdivision partially in Kansas City, partially in Raytown, and wholly in Jackson County, Missouri, said lot being entirely in Raytown.

 

is hereby rezoned from District CP-2 (Local Planned Business Center) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0845, 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 as an amendment to Section 80-11 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That the plan be revised as follows:

 

a.                   Show and label existing sanitary and storm sewers, water mains, gas mains greater than 6 inches, culverts, and other major above or below ground distribution or transmission lines within the proposed subdivision or immediately adjacent thereto.

 

b.                  Show full extents of the plat and adjacent infrastructure important to this development (200 feet minimum).

 

c.                   Show and label existing conditions including width of all rights of way and roadways. Show and label center lines.

 

d.                  Show, label, and dimension all proposed rights of way and easements. Show and label center lines. Distinguish public versus private utilities on the plan.

 

e.                   Show and label sidewalks, curbs, and gutters as they exist adjacent to project frontage, and correctly within the right of way. Show and label proposed sidewalks, curbs, and gutters. Show and label sidewalks, curbs, and gutters that need to be repaired or reconstructed.

 

f.                    Show all required off-site easements for utilities, grading, and/or street improvements that are to be obtained by the Developer.

 

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

 

h.                   Depict typical sections for Booth Avenue showing elements of standard street section improvement, including sidewalks, curb and gutters, pavement widths, street grades, etc. in relation to proposed r/w widths.

 

i.                     Show any P.O.S. medians areas, storm water detention, stream buffer private open space, public BMP's, islands, or monumentation Tracts labeled, along with their intended purpose.

 

j.                    Show any private BMP's used as storm water management features as easements labeled BMP easement, stream buffer easement, surface drainage easement, or other intended purpose. BMP, stream buffer, and surface drainage easements require stand alone easement documents.

 

k.                  Change square footage of building J1 to match the square footage identified on the development table.

 

l.                     Remove Common Corridor from the development table.

m.                 Change parking table to reflect the required parking for retail.

 

n.                   Add line to required parking table to reflect the total number of spaces required as well as the total number being provided.

 

o.                  A note on the plan that no flag poles be permitted that exceed 30 feet in height and also state that no words or logos be permitted on any of the flags and that they not be placed closer than 20 feet on center.

 

p.                  A note on the plan that all wall-pack lighting shall conform to the fixture shown in the lighting plan.

 

q.                  Change all light pole elevations to depict recessed fixtures and not to exceed 25 feet in height above a base not to exceed 3 feet in height.

 

r.                    A note be provided on the plan the proposed cellular tower not exceed 150 feet in height and be constructed as a stealth pole.

 

s.                   Label all planting types on the landscaping plan per staff approval.

 

t.                    Revise signage plan to conform to Chapter 88-445.

 

2.                  That:

 

a.                   the developer submit a Macro storm drainage study to Development Services for review and acceptance for the entire development;

 

b.                  when the final site plan for any phase or sub-phase is submitted for approval, a Micro storm drainage study shall be submitted to Development Services specifically detailing the manner in which the Macro storm drainage studys solutions will be attained for such phase or sub-phase; and

 

c.                   the developer construct any improvements as described in the Micro storm drainage study and required by Development Services for such phase or sub-phase concurrent with the construction associated with the approval of the final site plan for such phase or sub-phase.

 

3.                  That the developer improve the eastern one-half of Booth Avenue to collector street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

4.                  That the developer obtain any required grading consents, and any required grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements for each phase and sub-phase.

 

5.                  That prior to approval of the final site plan for Phase 1 of the development the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall submit applications for permits to construct, repair, or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, within 90 days following approval of the final site plan for Phase 1 of the development, and shall complete such construction, repair and reconstruction within 150 days following the issuance of such permits. Upon any failure by developer to complete such construction, repair and reconstruction within 150 days following the issuance of such permit, then no further final site plans shall be approved until such construction, repair and reconstruction is completed.

 

6.                  That prior to approval of the final site plan for each phase and sub-phase the developer submit plans for grading, siltation, and erosion control for such phase or sub-phase to Development Services for review, acceptance, and permitting prior to beginning any construction activities for such phase or sub-phase.

 

7.                  That prior to beginning any construction, grading, clearing, or grubbing activities for any phase and sub-phase the developer secure a site disturbance permit from Development Services for such phase or sub-phase, if the disturbed area equals one acre or more.

 

8.                  That prior to approval of the final site plan for each phase and sub-phase the developer secure permits to extend sanitary sewers to ensure individual service, determined to be adequate by Development Services, is provided to all proposed lots in such phase or sub-phase.

 

9.                  That prior to approval of the final site plan for each phase and sub-phase the developer secure permits to provide a stormwater conveyance system, determined to be adequate by Development Services, to serve all proposed lots within such phase or sub-phase.

 

10.              That prior to approval of the final site plan for each phase and sub-phase in which a BMP Easement is required by Development Services, the developer grant such BMP Easement to the City by separate document.

11.              That prior to approval of the final site plan for each phase and sub-phase the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts serving such phase or sub-phase as required by Development Services.

 

12.              That prior to the issuance of a certificate of occupancy for the Phase 1 of the development, the developer improve the developments east and west driveways on 63rd Street including providing separate southbound left and right turn lanes, as shown on the development plan. Upon any failure by developer to complete such improvement prior to the issuance of a certificate of occupancy for the Phase 1 of the development, then no further final site plans shall be approved until such improvements are completed.

 

13.              That prior to the issuance of a certificate of occupancy for the Phase 1 of the development, the developer paint black the existing chain link fence along the north boundary line of the property.

 

14.              That prior to obtaining building occupancy permits for the last of Anchors 1 and 4 shown on the development plan:

 

a.                   if approved for installation by the City, the developer shall provide for installation of actuated traffic signals at the intersection of the central development driveway with 63rd Street (in front of Anchor 1); and

 

b.                  if the actuated traffic signals are approved for installation by the City, the developer shall pay one-half (1/2), not to exceed $17,500, of the cost of the installation by City of a traffic signal coordination system on 63rd Street from the MO-350 southbound interchange ramp intersection to the intersection of 63rd Street and Blue Ridge Cutoff, as required by the Department of Public Works, MODOT, and the City of Raytown within their respective jurisdictions. City shall be responsible for the installation of such system and obtaining all required approvals for such installation.

 

15.              That prior to final site plan approval for Phase 1 of the development, the developer shall request that Kansas City Area Transportation Authority (KCATA) consent to the relocation of the bus stop on E. 63rd Street to the location just west of the eastern driveway on 63rd Street as shown on the development plan. If the KCATA consents to the said relocation the developer shall secure permits for and provide a KCATA approved bus shelter and bus turnout at said location, as required by Development Services and KCATA.

 

16.              That the developer construct sidewalks the length of all property frontage on Booth Avenue and E. 63rd Street as shown on the development plan. The developer shall submit applications for permits to construct such sidewalks within 90 days following approval of the final site plan for Phase 1 of the development, and shall complete such construction within 150 days following the issuance of such permits. Upon any failure by developer to complete such construction within 150 days following the issuance of such permit, then no further final site plans shall be approved until such construction is completed.

 

17.              That if any final site plan includes signage that requires any variances or special use permits, the developer receive approval from the Board of Zoning Adjustment for any such variances or special use permits, prior to approval of such final site plan.

 

18.              That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit for each phase and sub-phase. The site plan shall include information regarding: property uses, setback distances, lighting (photometrics plan showing zero footcandles at the property line, specifically abutting any residentially zoned property), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of buildings and signage.

 

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 80, 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