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Legislation #: 071241 Introduction Date: 11/8/2007
Type: Ordinance Effective Date: 12/23/2007
Sponsor: COUNCILMEMBER SHARP AND COUNCILMEMBER JOLLY
Title: Rezoning an area of approximately 467 acres in the area of Bannister Road, east of I-435, from Districts R-1a, R-2b, CP-2, C-3a1-P and CP-3 to District URD. (6720-URD-14)

Legislation History
DateMinutesDescription
11/7/2007 Filed by the Clerk's office
11/8/2007 Referred to Planning and Zoning Committee
11/28/2007 Do Pass as a Committee Substitute
11/29/2007 Assigned Third Read Calendar as Substituted
12/6/2007 Councilmember Riley Move To Hold On Docket
12/6/2007 Held on Docket (12/13/2007)
12/13/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
071241.pdf Authenticated 445K Authenticated
071219, 220, 221, 240, 241 Affidavit of Publication.pdf Other 51K Affidavit of Publication
Adv. 112807.pdf Advertise Notice 8K Advertise Notice
071241 Mailing List.pdf Plan Mailing List 588K Mail List
071241 Docket Map.pdf Maps 215K Document Maps
C0006720URD14_STAFFRPT_11_06_07_Revised.doc Staff Report 150K Staff Report
C006720URD14_FACTSHT.xls Fact Sheet 74K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071241

 

Rezoning an area of approximately 467 acres in the area of Bannister Road, east of I-435, from Districts R-1a, R-2b, CP-2, C-3a1-P and CP-3 to District URD. (6720-URD-14)

 

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 80-11A0779, rezoning an area of approximately 467 acres generally bounded by I-435 on the west, 87th Street on the north (extending about 500 feet on the north side), the Kansas City Southern Railroad, Old Santa Fe Road and Hillcrest Road (south of Bannister Road) on the east, and Bannister Road on the south (extending about one-half mile on the south side) from Districts R-1a (One-Family Dwellings, Medium Density), R-2b (Two-Family Dwellings), CP-2 (Local Planned Business Center), C-3a1-P (Intermediate Business Limited District) and CP-3 (Regional Planned Business Center) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0779. That an area legally described as:

 

Beginning at the southwest corner of Bannister Square Business Center Replat, a subdivision in the City of Kansas City, Jackson County, Missouri, said point being on the easterly right of way line of Interstate 435; thence northerly along said easterly right of way line of Interstate 435 to the intersection of said line with the south right of way line of Bannister Road; thence north across the Bannister Road right of way to the intersection of the north right of way line of Bannister Road with the easterly right of way of Interstate 435; thence continuing northerly following the east right of way line of Interstate 435 to the intersection with the south right of way line of 87th Street; thence north across said 87th Street to a point on the north right of way line of 87th Street, said point being an angle point in the south line of Lot 1A, 87th Street, Gardens Replat of Lot 1, a Subdivision in Kansas City, Jackson County, Missouri, said point being 105.35 feet east of the southwest corner of said Lot 1A; thence west along the north right of way line of said 87th Street to the intersection of the easterly right of way line of Interstate 435; thence west and north along said east right of way line to the most north and west corner of the aforementioned Lot 1A, 87th Street, Gardens Replat of Lot 1; thence following the northerly platted out boundary line of said 87th Street, Gardens Replat of Lot 1, to the most north and east corner of said Lot 1A; thence south along the east line of said Lot 1A and the west line of Kenning Heights, a subdivision in Kansas City, Jackson County, Missouri, to a point 10 feet south of the northwest corner of Lot 5 of said Kenning Heights; thence east 10 feet south of and parallel to the north line of said Lot 5 to the intersection with the west right of way line of Fremont Avenue; thence south along said west right of way line of Fremont Avenue to the north right of way line of 87th Street; thence east along said north right of way line of 87th Street to the intersection of the west right of way line of the Kansas City Southern Railroad; thence following said west right of way line of the Kansas City Southern Railroad, south to the intersection of the south right of way line of 91st Street; thence east along said south right of way line of 91st Street to the intersection of the west right of way line of Old Santa Fe Road; thence south along said west right of way line of Old Santa Fe Road to the intersection of the north right of way line of 93rd Street; thence west along said north right of way line of 93rd Street to the intersection of the west right of way line of the Kansas City Southern Railroad; thence south along said west right of way line of said railroad to the intersection of the north right of way of Bannister Road; thence west along said north right of way line of Bannister Road to the southeast corner of Williams Burg, a subdivision in Kansas City, Jackson County, Missouri; thence north along the east line of said Williams Burg to the northeast corner thereof; thence west along the north line of said Williams Burg to the northwest corner thereof, said point also being the northeast corner of Tract A, Benjamin Office Park, a subdivision in Kansas City, Jackson County, Missouri; thence west, southwest, north and west along the north line of Tract A and Lot 1 of said Benjamin Office Park to the intersection of the east right of way line of Hillcrest Road; thence southerly along the east right of way line of said Hillcrest Road to the northerly right of way line of Bannister Road; thence west along said north right of way line of Bannister Road to the intersection of the west right of way line of Hillcrest Road; thence south to the point of intersection of the south right of way line of Bannister Road with the west right of way line of Hillcrest Road; thence south following the west right of way line of said Hillcrest Road to the southeast corner of Barcelona East, a subdivision in Kansas City, Jackson County, Missouri; thence west along the south line said Barcelona East and the south line of the aforementioned Bannister Square Business Center Replat to the point of beginning.

 

is hereby rezoned from Districts R-1a (One-Family Dwellings, Medium Density), R-2b (Two-Family Dwellings), CP-2 (Local Planned Business Center), C-3a1-P (Intermediate Business Limited District) and CP-3 (Regional Planned Business Center) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0779, 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 process a preliminary plat which complies with Section 66-43 of the Code and which specifically shows the following:

 

a)                  Label existing conditions including width of all right-of-ways, roadways, and show and label center lines.

 

b)                  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.

 

c)                  All trees to be removed for utilities, grading, and/or street improvements by denoting the area with a label of "TREES TO BE REMOVED." Tree removal may be shown as individual trees for linear construction or by the acre for large areas of site disturbance.

 

d)                  All individual or areas of trees to be preserved within the limits of the plan area by denoting the area with a label of "TREES TO REMAIN."

 

e)                  Concept for storm water detention, volume controls, or treatment areas as appropriate and show how project is to be managed by storm water facilities (including public systems, detention areas/tracts, approximate grading, etc.) showing that the project can be feasibly designed in accordance with APWA 5600 adopted Standards. 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.

 

f)                    Typical sections for all interior and adjacent streets showing elements of standard street section improvement, including sidewalks, curb and gutters, pavement widths, street grades, etc., in relation to proposed right-of-way widths.

 

g)                  Required dedications and improvements proposed with each phase of development.

 

h)                  Any P.O.S. median areas, storm water detention, public BMP's, islands, or monumentation Tracts labeled A, B, C, etc., along with their intended purpose.

 

i)                    Any private BMP's used as storm water management features as easements labeled BMP easement, surface drainage easement, or other intended purpose. BMP and surface drainage easements require stand alone easement documents.

 

j)                    The developer shall delineate and survey the boundaries of the open space and conservation district as recommended in the Hickman Mills Area Plan by providing a plan with the following information:

 

(1)               The FEMA- or city-designated floodplain or the estimated 1% flood conveyance, as determined by a qualified engineer using city-approved methods;

 

(2)               Wetlands within or adjacent to the floodplain or required stream buffer;

 

(3)               Slopes in excess of 15% within or adjacent to the floodplain as shown on the Kansas City Natural Resource Protection Map and/or field-surveyed; and

 

(4)               Mature riparian vegetation, including woodlands, wetlands, and other habitat areas identified on the Kansas City Natural Resource Protection Map and/or delineated by a site survey.

 

(5)               The location and total acreage of proposed clearing and grading in the outer zone and the percentage of proposed outer zone area to be cleared; and

 

(6)               The limits and total acreage of proposed mitigation of outer zone vegetation, and the percentage of outer zone area to be mitigated.

 

(7)               The location of proposed structures or activities;

 

(8)               Identification of required stream buffer zones

 

2.                  That the developer shall apply for a preliminary plat prior to issuance of any grading/land disturbance permit.

 

3.                  That the developer shall apply for approval of a final plan prior to issuance of any building permit.

 

4.                  That final plans comply with the requirements of the Three Trails Redevelopment Architectural Design Guidelines approved as a companion to the development plan, and in accordance with the following requirements:

 

a)      That the developer construct or bond such construction for that section of the historic Santa Fe Trail in Area 21 with the platting of Area 3 or when sufficient right of way and/or easement is available

 

b)      That the developer construct or bond such construction for that section of the historic Santa Fe Trail on the south side of 93rd Street to Hillcrest Road with the platting of Area 3.

 

c) That the developer construct or bond such construction for that section of the historic Santa Fe Trail from Hillcrest Road to the intersection of Bannister Road and I-435 with the platting of any portion of Areas 5-12.

5.                  That the developer shall provide all easements and construct all trails within this development. The shared-use trail shall begin at the terminus of the existing trail at Hickman Mills School (91st and Old Santa Fe Road), connecting through the site to the trail segment at Schumacher Park, on to the southwest corner of the development site at Bannister and I-435. Trail standards provided in the design guidelines. The trail shall be constructed as the project is platted.

 

6.                  That the developer shall comply with Ordinance No. 041222 (LEED Silver Standard for public buildings) as it relates to the City-owned stadium.

 

7.                  That the developer shall comply with Major Street Plan (Bike KC element - Ordinance No. 011288) as it relates to alterations to 87th Street and Bannister Road.

 

8.                  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.

 

9.                  That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

 

10.              That as part of the platting of the project, the developer dedicate additional right of way for primary arterial with a bike lane as required by Development Services so as to provide a minimum of 56 feet of right-of-way as measured from the centerlines of Bannister Road and 87th Street, and for proposed roundabout.

 

11.              That as part of the platting of the project, the developer dedicate additional right of way for secondary arterial as required by Development Services so as to provide a minimum of 40 feet of right of way as measured from the centerline of Hillcrest Road.

 

12.              That as part of the platting of the project, the developer dedicate additional right of way for a collector street as required by Development Services so as to provide a minimum of 60 feet of right of way for 93rd Street.

 

13.              That as part of the platting of the project, the developer improve 93rd Street per the typical sections on the approved development plan 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.

 

14.              That as part of the platting of the project, the developer improve Marion Ridge Road per the typical sections on the approved development plan 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.

 

15.              That as part of the platting of the project, the developer improve Drury Avenue per the typical sections on the approved development plan 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.

 

16.              That the developer pay an impact fee as required by Chapter 39 of the Code of Ordinances.

 

17.              That as part of the platting of the project, the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

18.              That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

19.              That as part of the platting of the project, the developer 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 be responsible for all costs associated with subordination activities.

 

20.              That the developer secure permits to repair existing or reconstruct, sidewalks, curbs, gutters, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri licensed civil engineer stating that the sidewalks, curbs, and gutters are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

 

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

 

22.              That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

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

 

24.              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.

 

25.              That the developer submit a streetscape plan for approval and permitting by Development Services prior to beginning work in the public right of way.

 

26.              That the developer grant a Surface Drainage Easement to the City as required by Development Services.

 

27.              That the developer grant a BMP Easement to the City as required by Development Services.

 

28.              That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

29.              That the developer submit a detailed walkability study that identifies required intersection improvements prior to approval of a final plan.

 

30.              That the developer construct all improvements recommended in the Walkability Study to mitigate deficiencies in pedestrian level of service and any additional improvements necessary to satisfy the minimum recommended pedestrian level of service as recommended in the Kansas City Walkability Plan. Final plans should reflect the following:

 

a)                  Improvements to all internal and perimeter intersections to minimum street crossing level of service B;

 

b)                  Improvements to achieve a level of service B for directness to all origins and destinations identified in the Walkability Study.

 

c)                  Construct sidewalks on both sides of all public streets (internal and perimeter) to satisfy level of service A for continuity.


d)                  Improvements to achieve a level of service B for security and visual interest and amenity.

 

e)                  Improvements to mitigate the deficiencies identified in the Walkability Plan as well as any additional improvements to meet the minimum level of service requirements of the Kansas City Walkability Plan.

 

31.              That the developer construct sidewalks on the east side of Drury Avenue between Bannister Road and the south border of the site.

 

32.              That the developer construct sidewalks and/or trail on the north side of Bannister Road from I-435 to the eastern project boundary.

 

33.              That the developer construct a sidewalk on the west side of Old Santa Fe that is part of the development site.

 

34.              That the developer construct sidewalks and/or trail on the north side of 93rd Street within the development boundary.

 

35.              That the developer construct sidewalks on the north and south side of 87th Street through the site property.

 

36.              That the developer make improvements as identified in the approved Traffic Study.

 

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