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Legislation #: 130768 Introduction Date: 10/3/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS TAYLOR, CIRCO, SHARP AND JAMES, JR.
Title: Approving a UR development plan for a 252 acre tract of land, generally bounded by 87th Street to the north, I-435 on the west, the Kansas City Southern Railroad on the east, and Bannister Road on the south to allow a mixed-use development. (6720-UR-15).

Legislation History
DateMinutesDescription
10/3/2013 Filed by the Clerk's office
10/3/2013 Referred to Planning, Zoning & Economic Development Committee
10/9/2013 Advance and Do Pass, Debate
10/10/2013 Passed

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130768.pdf Authenticated 506K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130768 Advertise Notice 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130768
130768 Fact Sheet.pdf Fact Sheet 184K Fact Sheet
C006720UR15_STAFFRPT_10_01_13_Revised.pdf Staff Report 1618K Staff Report
Section Map.pdf Maps 151K Section Map

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ORDINANCE NO. 130768

 

Approving a UR development plan for a 252 acre tract of land, generally bounded by 87th Street to the north, I-435 on the west, the Kansas City Southern Railroad on the east, and Bannister Road on the south to allow a mixed-use development. (6720-UR-15).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a development plan (which replaces a previously approved development plan) in District UR for an approximately 252 acre tract of land, generally bounded by 87th Street to the north, I-435 on the west, the Kansas City Southern Railroad on the east, and Bannister Road on the south, and more specifically described as follows:

 

A portion of Sections 23, 24, 25, & 26, all in Township 48 North, Range 33 West in the city of Kansas City, Jackson County, Missouri.

 

All of Tracts II, III, V, VI, VII, IX, and X, of Replat of Bannister Mall, Tracts I through X, Inclusive, and all of Lots 1 and 3, and Tract A, of 3-Trail Village Square, and all of Lots 2 and 3, and all of Tracts G and H, of Benjamin Plaza First Plat, and Amended Plat of Lot 1, Benjamin Plaza First Plat; Lot 2, Benjamin Plaza Second; and Tract C-1 as shown on Certificate of Survey of Benjamin Plaza Second Plat; and Tract C-2 as shown on Certificate of Survey of Benjamin Plaza Second Plat; Lots 1 and 2, and Tract B, Benjamin Plaza Third Plat; Lots 3A and 3B, as shown on Certificate of Survey of Benjamin Plaza Third Plat; and all that part of Lot 1 of Commissioners plat of Sechrest Estates lying west of the Kansas City Southern railroad right-of-way; and all that part of Commissioners Plat of Lot 2, Sechrest Estates except that part replatted as Benjamin Plaza Third Plat; and all that part of the Southeast Quarter of Section 23, and all that part of the Southwest Quarter of Section 24, Township 48, Range 33, and all that part of the of the northwest Quarter of Section 25, and all that part of the Southeast Quarter of Section 26, all in Township 48, Range 33, being generally described as follows: beginning southeast corner of Tract VI, Replat of Bannister Mall Tracts I through X, Inclusive, thence west, with the south line of Tracts VI, VII, VIII, II, & IX of Replat of Bannister Mall Tracts I through X, Inclusive, and with the south line of Lot 1, 3-Trails Village Square, and with the north right-of-way line of Bannister Road, to the east right-of-way line of Interstate 435; thence northeasterly with the west line of Tracts IX and II, Replat of Bannister Mall Tracts I through X, Inclusive, and the west line of Lot 1, 3-Trails Village Square, and the west line of Tract III, Replat of Bannister Mall Tracts I through X, Inclusive, and the west line of Tract H, Benjamin Plaza First Plat, and the west line of Lot 1, Amended plat of Benjamin Plaza First Plat, and the east right-of-way line of Interstate 435, to the northwesterly corner of Lot 1, Amended plat of Benjamin Plaza First Plat; thence southeasterly with the northerly line of Lot 1, Amended Plat of Benjamin Plaza First Plat, and no longer with the east right-of-way line of Interstate 435, to the northeast corner of said Lot 1; thence westerly, southerly, and southwesterly, with the east line of Lot 1, Amended Plat of Benjamin Plaza First Plat, to the southeast corner of said Lot 1, said point being on the north line of Tract H, Benjamin Plaza First Plat; thence southeasterly with the north line of said Tract H to the northeast corner of said Tract H, said point being on the westerly line of Lot 3, Amended Plat of Benjamin Plaza Fourth Plat; thence southwesterly and southeasterly, with the easterly line of said Tract H, to the southeasterly corner of Lot 3, Amended Plat of Benjamin Plaza Fourth Plat, said point also being on the west right-of-way line of Hillcrest Road; thence northerly, with the west right-of-way line of Hillcrest Road to the south right-of-way line of E. 87th Street; thence easterly, with the south right-of-way line of E. 87th Street to the westerly right-of-way line of Kansas City Southern Railway; thence southerly, with the westerly right-of-way line of the Kansas City Southern Railway, to the north right-of-way line of E. 93rd Street; thence westerly with the north right-of-way line of E. 93rd Street, and its westerly prolongation, to the west right-of-way line of Hillcrest Road; thence south, with the west right-of-way line of Hillcrest Road, to the point of beginning, except Tract VIII, Replat of Bannister Mall Tracts I through X, Inclusive; and except Lot 3, 3-Trails Village Square. The above described tract contains 251 acres, more or less.

 

is hereby approved, and will serve as a preliminary plat, 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, commonly known as the Development Regulations.

 

2.                  That the developer submit a final plan to the Director of City Development for approval, indicating plans for landscaping, grading, detailed internal circulation, signage, lighting and a photometric study showing zero footcandles at the property lines prior to issuance of building permit. The final UR plans should incorporate the HMAP design guidelines wherever the opportunity presents itself. These guidelines include trails, transit and walkability recommendations, roadway recommendations, housing strategies, urban design (locations of gateways and streetscape improvements), and open space/stormwater management recommendations.

 

3.                  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.

 

4.                  That the developer submit a macro/micro storm drainage study, including a BMP level of service analysis, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat or prior to issuance of a Building Permit, whichever occurs first.

 

5.                  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, stating the condition of the sidewalks, curbs, and gutters. The letter must identify the areas that are out of repair as defined by Public Works Department "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB" Standards and 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 to remedy deficiencies. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by the Land Development Division, prior to recording the plat or obtaining Building permits, whichever occurs first.

 

6.                  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.

 

7.                  That the developer 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.

 

8.                  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.

 

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

 

10.              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.

 

11.              That the owner/developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

12.              That any stream buffer zones are delineated by submitting a preliminary buffer plan prior to approval of the Final UR development plan in accordance with the Section 88-415 requirements.

 

13.              That the developer submit a final stream buffer plan, prepared in accordance with Section 88-415, for review and acceptance by the Land Development Division, with the final plat application, and prior to building permit issuance, whichever occurs first.

 

14.              That the developer 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.

 

15.              That the developer abandon, relocate and extend public and private water mains as required by the Water Services Department.

 

16.              That the developer vacate existing sewer and water main easements once new water mains are in service as required by the Water Services Department.

 

17.              That the developer abandon, relocate and extend sanitary sewers as required by the Water Services Department.

 

18.              That the developer provide new easements and widen existing easements as required by the Water Services Department.

 

19.              That the developer obtain a permit from MODOT for all work on state right-of-way.

 

20.              That the developer meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2000. (IFC2000: § 508.1)

 

21.              Fire hydrant(s) are required within 400 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building. The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required. This distance may be increased to 600 feet for R-3 occupancy(s) or if the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC2000:§508.5.1)

 

22.              Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC2000:§1412.4; NFPA 241§ 8.7.2)

 

23.              Electric security gates, grills or other device which span across a fire access road shall be equipped with an approved operating device (IFC-2000: § 503.6).

 

24.              That prior to any of Phases 1 through 3 of the development plan, the developer add a right-turn lane on the southbound approach of the intersection of Marion Ridge Drive and Bannister Road, including dedication of all necessary right-of-way and construction, and make any necessary modifications to the traffic signals, as required by the Public Works Department.

 

25.              That prior to any of Phases 1 through 3, the developer enter into a deferral agreement to construct, at such time as determined by the Public Works Department, such additional geometric and traffic signal improvements at the intersection of Marion Ridge Drive and Bannister Road as the Public Works Department determines are necessary to provide for safe and efficient vehicular and pedestrian traffic, including dedication of all necessary additional right-of-way, traffic signal modifications and upgrade, pedestrian refuge island, ADA compliance, and Accessible Pedestrian Signals (APS) compliance, as required by the Public Works Department.

 

26.              That the developer reduce the width of the existing raised median on the eastbound approach of the intersection of Bannister Road and Hillcrest Road and extend the eastbound left-turn lane so as to provide for additional storage for the eastbound left turn traffic movement, as required by the Public Works Department.

 

27.              That prior to any of Phases 4 through 14 of the development plan, the developer submit an updated traffic impact study, obtain the City’s approval of said traffic impact study, construct the improvements identified in said approved traffic impact study, dedicate all necessary right-of-way to accommodate said improvements, and obtain permits from MODOT for all improvements identified on state right-of-way, as required by the Public Works Department.

 

28.              That the developer construct the trail on the east side of Hillcrest Road and the south side of E. 93rd Street to the boundaries of the site concurrently with the construction of relocated Hillcrest Road or as soon thereafter as adequate right of way is provided.

 

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