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Legislation #: 141072 Introduction Date: 12/18/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 3.66 acre tract of land generally located on the south side of E. Armour Boulevard between McGee Street and Gillham Road from Districts R 0.5 and R 1.5 to District MPD and approving a preliminary development plan for a mixed use building with parking structure. (12593-MPD-1)

Legislation History
DateMinutesDescription
12/17/2014 Filed by the Clerk's office
12/18/2014 Referred to Planning, Zoning & Economic Development Committee
1/7/2015 Hold On Agenda (1/14/2015)
1/14/2015 Advance and Do Pass, Debate
1/15/2015 Passed

View Attachments
FileTypeSizeDescription
141072.pdf Authenticated 256K Authenticated
141072 SectionMap.pdf Maps 4653K 141072 Section Map
141072 Armour_Rezoning Submittal.pdf Other 11623K Armour Rezoning Submittal
141072 STAFFRPT.pdf Staff Report 307K 141072 Staff Report
141072 Fact Sheet.pdf Fact Sheet 421K 141072 Fact Sheet

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ORDINANCE NO. 141072

 

Rezoning a 3.66 acre tract of land generally located on the south side of E. Armour Boulevard between McGee Street and Gillham Road from Districts R 0.5 and R 1.5 to District MPD and approving a preliminary development plan for a mixed use building with parking structure. (12593-MPD-1)

 

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 88-20A0990, rezoning an approximately 3.66 acre tract of land generally located on the south side of E. Armour Boulevard between McGee Street and Gillham Road from Districts R 0.5 (Residential 0.5) and R 1.5 (Residential 1.5) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A0990. That an area legally described as:

 

Lots 1, 2, 3, 4, 5, 6, 7, 8, 19, 20, 21 and D, except that part thereof taken for Gillham Road Extension and for widening Armour Boulevard and Hyde Park Avenue, now McGee Street, Block 15, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Also described as: A tract of land being generally located in the city of Kansas City, Jackson County, Missouri, being described as: Beginning at the point of intersection of the centerlines of Armour Boulevard and Gillham Road, thence westerly along said centerline of Armour Boulevard to the intersection of McGee Street, thence southerly along the centerline of McGee Street to the intersection of the prolongation of the south lot line of Lot 19, thence easterly along the south lot lines of Lot 19 and adjacent Lot 8 to the intersection of the prolongation of the south lot line of Lot 8 with the centerline of Gillham Road, thence northerly along the centerline of Gillham Road to the Point of Beginning, except that part in Gillham Road, Armour Boulevard and McGee Street right-of-way. The above described tract contains 77,105 square feet, or, 1.7701 acres, more or less.

 

is hereby rezoned from Districts R 0.5 (Residential 0.5) and R 1.5 (Residential 1.5) to District MPD (Master Planned Development).

 

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

 

1.                  That the developer submit plans for grading, siltation and erosion control to the Land Development Division for approval prior to beginning any construction, clearing or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

2.                  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.

 

3.                  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, identifying sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate occupancy permits. (Note: This applies to all three abutting streets see Parks and Recreation for Gillham Road)

 

4.                  That the developer provide fire protection as required by the Fire Marshal’s Office, including the provision for siren activated gates.

 

5. That the developer contribute parkland dedication money at a rate of $16,815.50 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code and as anticipated to be as follows:

* 56 MF units x 2 persons/unit x 0.006 acres/person = 0.672 acres

* 0.672 acres x $16,815.50 = $11,300.02

 

6.                  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.

 

7. 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.

 

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