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Legislation #: 060166 Introduction Date: 2/9/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 54 acres generally bounded by Chouteau Trafficway on the north, about 300 feet east of Chouteau Trafficway on the east, N.E. Vivion Road on the south (except including the southeast corner of N.E. Vivion Road and Chouteau Trafficway) and N. Antioch Road on the west, including an area about 300 feet west of N. Antioch Road and south of N.E. 52nd Street, from Districts C-1, C-2, CP-3 and R-1b to District URD, and approving a development plan for the same. (6485-URD-16)

Legislation History
DateMinutesDescription
2/8/2006 Filed by the Clerk's office
2/9/2006 Referred to Planning, Zoning & Economic Development Committee
3/1/2006 Advance and Do Pass as a Committee Substitute, Debate
3/2/2006 Passed as Substituted

View Attachments
FileTypeSizeDescription
060166.pdf Authenticated 480K Authenticated
C006485URD16_Fact_Sheet.doc Fact Sheet 101K fact sheet
C006485URD16_STAFFRPT_12_20_05.doc Staff Report 96K staff report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060166

 

Rezoning an area of approximately 54 acres generally bounded by Chouteau Trafficway on the north, about 300 feet east of Chouteau Trafficway on the east, N.E. Vivion Road on the south (except including the southeast corner of N.E. Vivion Road and Chouteau Trafficway) and N. Antioch Road on the west, including an area about 300 feet west of N. Antioch Road and south of N.E. 52nd Street, from Districts C-1, C-2, CP-3 and R-1b to District URD, and approving a development plan for the same. (6485-URD-16)

 

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 80-11A0661, rezoning an area of approximately 54 acres generally bounded by Chouteau Trafficway on the north, about 300 feet east of Chouteau Trafficway on the east, N.E. Vivion Road on the south (except including the southeast corner of N.E. Vivion Road and Chouteau Trafficway) and N. Antioch Road on the west, including an area about 300 feet west of N. Antioch Road and south of N.E. 52nd Street, from Districts C-1 (Neighborhood Retail Business), C-2 (Local Retail Business), CP-3 (Regional Planned Business Center) and R-1b (One-Family Dwellings) to District URD (Urban Redevelopment District), said section to read as follows:

 Section 80-11A0653. That an area legally described as:

A PHase 1/TRACT I

 

TRACT I:

 

All of Lots 1 through 12, inclusive, Block 1, Resurvey of Blocks 1 and 3, ANTIOCH, an addition in and to the City of Kansas City, Clay County, Missouri, together with the West 20 feet of Block 1, GREEN HAVEN PLAZA NO. 2, lying South of Lot 11, Block 1, Resurvey of Blocks 1 and 3, ANTIOCH, an addition in and to the City of Kansas City, Clay County, Missouri, and including to the centerline of all abutting streets.

 

B TRACT II

 

(PARCEL A)

 

Lot 4, Clay County, Missouri, previously described as follows: All that part of Block 3, ANTIOCH, a subdivision in Kansas City North, Clay County, Missouri, according to the recorded plat thereof, lying South of a line drawn at right angles to the Easterly line of said Block from a point in said Easterly line which is 150 feet North of the Southeast corner of said Block 3, measured along the Easterly line of said Block 3, and including to the centerline of all abutting streets.


(PARCEL B)

 

Lot 3, and the South 20 feet of Lot 2, Block 3, RESURVEY OF BLOCKS 1 AND 3, ANTIOCH, a subdivision of Clay County, Missouri, and including to the centerline of all abutting streets.

 

(PARCEL C)

 

All of Lot 2, except the North 50 feet thereof measured parallel to the North line of said lot, and except the South 20 Feet thereof measured parallel to the South line of said Lot, Block 3, RESURVEY OF BLOCKS 1 AND 3, ANTIOCH, a subdivision in Kansas City, Clay County, Missouri, and including to the centerline of all abutting streets.

 

(PARCEL D)

 

Lot 1 and the North 50 feet of Lot 2, in Block 3, RESURVEY OF BLOCKS 1 AND 3, ANTIOCH, a subdivision in Kansas City, Clay County, Missouri, and including to the centerline of all abutting streets.

 

KCATA TRACT:

 

All of Lot 2, ANTIOCH GREEN, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, and including to the centerline of all abutting streets.

 

C TRACT III/TRACT IV

 

TRACT III:

 

(PARCEL A)

 

Part of Block 2, ANTIOCH, a subdivision in Kansas City, Clay County, Missouri, being a part of the Northwest of Section 31, Township 51, Range 32, Kansas City, Clay County, Missouri, described as follows: Beginning at a point on the Northeasterly Right-of-Way line of Chouteau Trafficway, as shown on the plat of ANTIOCH, a subdivision in Clay County, the Northerly portion of which is a replat of part of the plat of GREEN HAVEN WEST, a subdivision in Clay County, said point being 50.00 feet Southerly along said Right-of-Way line, from the intersection of said Chouteau Right-of-Way and the West Right-of-Way line of Kansas Avenue, which was platted as Valley View Drive, and as shown on said plat of GREEN HAVEN WEST; thence South 66 Degrees 44 Minutes 02 Seconds East 165.42 feet along the Southerly line of the Big Shoal Greenway, Tract Number 106, as conveyed by Antioch Shopping Center, Inc., to the Southwest corner of Lot 79, GREEN HAVEN, a subdivision in Clay County, said corner being on the common subdivision boundary line between the plat of GREEN HAVEN and the plat of ANTIOCH, said common line also being the platted centerline of a ravine, said corner further being on the North Right-of-Way line of Northeast 54th Street; thence Southerly along said common line and centerline to the Northwest corner of Lot 115, GREEN HAVEN, said corner being on the South Right-of-Way line of Northeast 54th Street, said corner being South 30 Degrees 29 Minutes 21 Seconds West 50.03 feet from the Southwest corner of Lot 79, by direct measurement; thence continuing along said common line and centerline, to the Southwest corner of Lot 115, GREEN HAVEN, said corner being South 02 Degrees 51 Minutes 43 Seconds East 190.83 feet from the Northwest corner of said Lot 115, by direct measurement; thence North 76 Degrees 47 Minutes 55 Seconds West 108.67 feet along a prolongation of the South line of Lots 111, 112, 113, 114 and 115, GREEN HAVEN, to a point on a curve in the Easterly Right-of-Way line of Chouteau Trafficway; thence Northerly along said Right-of-Way line, on a curve to the left having an initial tangent bearing of North 04 Degrees 25 Minutes 13 Seconds East, a delta of 21 Degrees 27 Minutes 13 Seconds, and a radius of 741.16 feet, an arc distance of 277.52 feet to the point of beginning, and including to the centerline of all abutting streets.

 

(PARCEL B)

 

The South 500 feet of Block 2, ANTIOCH, a subdivision in Kansas City, Clay County, Missouri, and including to the centerline of all abutting streets.

 

TRACT IV:

 

(PARCEL A)

 

Lot 39, except the East 130 feet, as measured along the Northerly and Southerly lot lines thereof, GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri, and including to the centerline of all abutting streets.

 

(PARCEL B)

 

Lot 40, except the East 130 Feet, as measured along the Northerly and Southerly lot lines thereof, GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri.

 

(PARCEL C)

 

Lot 41, except the East 130 feet, as measured along the Northerly and Southerly lot lines thereof, GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri.

 


(PARCEL D)

 

Lot 42, except the East 130 feet, as measured along the Northerly and Southerly lot lines thereof, GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri.

 

(PARCEL E)

 

Lot 43, GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri, except beginning at the Northeast corner of Lot 43; thence 145 feet Westerly along the boundaries of Lots 111 and 112; thence Southerly on a line parallel with the Easterly line of Lot 43 to the South line of said lot; thence Easterly along the Southern boundary of said Lot 43, to the East line of said lot; thence North along the Eastern line of the lot to the point of beginning.

 

D FUTURE DEVELOPMENT

 

From a point of beginning at the intersection of the Southern prolongation of the Western boundary of Lot 8, ANTIOCH HILLS, a subdivision of land in Kansas City, Clay County, Missouri, and the Southeastern right-of-way line of Northeast Vivion Road; thence North along the prolongation of the Western boundary of said Lot 8, to the Southwest corner of said Lot 8; thence North to the Northwest corner of said Lot 8; thence East to the southwest corner of Lot 7, ANTIOCH HILLS; thence North, along the Western boundary of Lots 7, 6, 5, 4, 3, 2, and 1, ANTIOCH HILLS, to the Northwestern corner of said Lot 1; thence North to Southeastern corner of Lot 17, ANTIOCH HILLS; thence North, along the Eastern boundary of Lot 17 to the Northeast corner of said Lot 17, said point being on the Northern boundary of the Southeast Quarter of Section 36, Township 51, Range 33; thence East, along said Northern boundary, said point also being on the Southern boundary of Lot 4, Block 1, BEVERLY MANOR, a subdivision of land in Kansas City, Clay County, Missouri; thence East along the Southern boundary of Lots 4, 3, 2, and 1, Block 1, BEVERLY MANOR to the Southeast corner of Lot 1, Block 1, BEVERLY MANOR; thence East along the prolongation of the Southern boundary of said Lot 1 to a point on Eastern right-of-way line of North Antioch Road; thence South along said Eastern right-of-way to a point on the Northern right-of-way line of NE Vivion Road, then Southwesterly along said right-of-way line of NE Vivion Road to the point-of-beginning.

 

E FUTURE DEVELOPMENT

 

All that part of Lots 40 and 42, Beulmar Acres, an addition in Kansas City, Clay County, Missouri, and that part of vacated Kansas Avenue, described as follows: Beginning at a point 90 feet West of the Northeast corner of Lot 42, said corner being on a point on the Southerly line of Vivion Road; thence Southeasterly 149.22 feet; thence South 56 degrees 50 minutes 36 seconds West 84.77 feet to the Northeasterly line of Chouteau Trafficway; thence Northwesterly along said Northeasterly line to the Southerly line of Vivion Road; thence Northeasterly along said Southerly line to the Point of Beginning. (2915 NE Vivion Road)

 

All that part of Lot 42, BEULMAR ACRES, an addition in Kansas City, Clay County, Missouri, described as follows: Beginning at the Northeast corner of said Lot 42, said corner being a point on the Southerly line of Vivion Road, as now established, then South along the East line of said Lot 42, a distance of 122 feet; thence West at the right angles from said East line, 80 feet; thence Northwesterly 117.22 feet to a point on the Northerly line of said Lot 42, measured along the Northerly line thereof; thence Easterly along said Northerly line and along the Southerly line of said Vivion Road, 90 feet to the Point of Beginning. (2919 NE Vivion Road)

 

All that part of Lots 42 and 43, BEULMAR ACRES, an addition in and to the City of Kansas City, Clay County, Missouri, described as follows: Beginning at a point on the East line of said Lot 42 which is 122 feet South of the Northeast corner thereof; thence West, at right angles from said East line, 80 feet; thence South at right angles from the last described course, 32 feet; thence Southwesterly along a line which deflects to the right 56 degrees 50 minutes 36 seconds from the last described course, 84.77 feet to a point on the Northeasterly line of Chouteau Trafficway, as now established; thence Southeasterly along said Northeasterly line being a curve to the left, having a radius of 550 feet, 137.26 feet; thence continuing Southeasterly along said Northeasterly line, being tangent to the last curve, 65.74 feet to an intersection with the East line of said Lot 43; thence North along the East line of said Lots 43 and 42, 213.01 feet to the Point of Beginning. (5171 NE Chouteau Trafficway)

 

F FUTURE DEVELOPMENT

 

The property commonly referred to as 2618 NE Vivion Road, which is the east 100 feet of the west 120 feet of Green Haven Plaza, Block 1, a subdivision in Kansas City, Clay County, Missouri, which was not replatted Antioch, and including to the centerline of all abutting streets.

 

G FUTURE DEVELOPMENT

 

The Property commonly referred to as 2602 NE Vivion Road. Commencing at the Northwest corner of Southwest Quarter (SW/4) of Section 31, Township 51, Range 32, in Clay County, Missouri; thence East along the North line of said quarter section 34.25 feet, more or less, to the East line of a Antioch Road; thence Southerly along the East line of Antioch Road 305.6 feet, more or less; to a point 150 feet Northerly from the point of intersection of the East line of Antioch Road and the Northwesterly terminus of the diagonal State Highway Department right-of-way line (measuring 129.25 feet, more, or less, in length and running in a Northwesterly and Southeasterly direction along a straight line and connecting the Easterly line of Antioch Road with the Northerly line of Highway 69), which point is the point of beginning; continuing thence Southerly along the East line of Antioch Road 150 feet to the point of intersection of the Easterly line of Antioch Road with said diagonal State Highway Department right-of-way line; thence in a Southeasterly direction along said diagonal State Highway Department right-of-way line 129.25 feet, more or less, to the Northerly line of Highway No. 69; thence Northeasterly along the Northerly line of Highway No. 69, 150 feet to a point; thence Northwesterly along a straight line 250 feet, more or less, to the point of beginning, having a frontage of 150 feet on Antioch Road and a frontage of 150 feet on Highway No. 69.

is hereby rezoned from Districts C-1 (Neighborhood Retail Business), C-2 (Local Retail Business), CP-3 (Regional Planned Business Center) and R-1b (One-Family Dwellings) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0661, 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 developer shall cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations as required by Development Services.

 

2. That the developer submit a macro storm drainage study to Development Services for approval for the entire development and a micro Storm drainage study for each phase prior to the issuance of a building permit, and that the developer construct any improvements as required by Development Services.

 

3. That additional right of way be dedicated for a primary arterial with a bike lane along the entire southern boundary of the plan area for N.E. Vivion Road prior to the issuance of any building permit for each parcel that adjoins Vivion Road as required by the Missouri Department of Transportation except that (a) the area depicted on the URD plan as "Designated Vivion R.O.W." shall be dedicated, or pedestrian easements granted, to be used as a pedestrian trail or sidewalk with the stipulation and condition that the sidewalk and landscaping shown on the URD site plan can be installed and maintained by the adjoining private property owner at the locations shown, and (b) when Building K depicted on the site plan is removed, an area 56 feet from the centerline of Vivion Road and starting at the western edge of the driveway for Building K and continuing east to the eastern boundary of Area A shall be dedicated, or pedestrian easements granted, to be used as a pedestrian trail or sidewalk with the stipulation and condition that the sidewalk and landscaping shown on the site plan can be installed and maintained by the adjoining private property owner at the locations shown.

 

4. That additional right of way be dedicated for a primary arterial for N.E. Antioch Road prior to the issuance of a building permit as required by the Missouri Department of Transportation.

 

5. That the developer dedicate additional right of way for a collector street as required by Development Services so as to provide a minimum of 30 feet of right of way as measured from each side of the centerline of N.E. 53rd Street on the north during the first phase and on the south when the building is removed.

 

6. That a dual left turn at the intersection of U.S. 69 and Missouri Route 1 in the eastbound direction be installed as required by the Missouri Department of Transportation.

 

7. That sidewalks be added along all state frontages and at intersections and that pedestrian signal indications be added at all traffic signals where sidewalks are to be located.

 

8. That a meeting be held between the developer and the neighborhood to the west of the Antioch site to discuss the changes with moving the traffic signal from N.E. 53rd Street on Antioch to the proposed entrance.

 

9. That the developer shall subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer shall be responsible for all costs associated with subordination activities.

 

10. That the developer provide pedestrian right-of-way easements as required by Development Services, on the final plat.

 

11. That the developer secure permits to construct or reconstruct existing sidewalks, curb and gutter as necessary along all development street frontages, as required by Development Services, prior to recording the plat.

 

12. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

13. That the developer secure a land disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

14. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

15. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services.

 

16. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

17. That any relocated streetlights be integrated into the existing street light system as required by Development Services.

 

18. That the developer extend water mains as required by the Water Services Department.

 

19. That the developer provide parking in compliance with Chapters 52 and 80, Code of Ordinances.

 

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

 

21. That the developer submit a site plan to the Director of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding: property uses, setback distances, lighting (photometrics plan), 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.

 

22.               That the developer provide a pedestrian right of way access easement for those portions of the sidewalk located just outside of the proposed rights of way as shown on the development plan.

 

23. That the developer convey to the Parks and Recreation Department the property within the URD Development Plan, located on the east side of Chouteau Trafficway and the north side of Northeast 53rd Street, prior to the issuance of a building permit.

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