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Legislation #: 141008 Introduction Date: 12/4/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 12 acre tract of land generally located at the southwest corner of Hillcrest Road and E. Bannister Road, to consider rezoning from District UR to District MPD, and approving a preliminary development plan which also acts as a preliminary plat, creating three (3) lots. (6720-MPD-17).

Legislation History
DateMinutesDescription
12/3/2014 Filed by the Clerk's office
12/4/2014 Referred to Planning, Zoning & Economic Development Committee
12/10/2014 Advance and Do Pass as a Committee Substitute, Debate
12/11/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
141008.pdf Authenticated 437K Authenticated
141008 Compared.pdf Compared Version 159K Compared Version
141008 C006720MPD17_FACTSHEET.pdf Fact Sheet 500K Fact Sheet
C006720MPD17_REVISED PLANS PER CPC.pdf Plan 9953K Plans
C006720MPD17_DocketMapPZE.pdf Maps 1808K Section Map
C006720MPD17_CPCSTFRPT_10.21.14.pdf Staff Report 169K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 141008

 

Rezoning a 12 acre tract of land generally located at the southwest corner of Hillcrest Road and E. Bannister Road, to consider rezoning from District UR to District MPD, and approving a preliminary development plan which also acts as a preliminary plat, creating three (3) lots. (6720-MPD-17).

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 88-20A0988, rezoning an area of approximately 12 acre tract of land generally located at the southwest corner of Hillcrest Road and E. Bannister Road, to consider rezoning from District UR (Urban Redevelopment) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A0988. That an area legally described as:

 

All that part of the Northeast 1/4 of the Southeast 1/4 of Section 26, Township 48, Range 33, Kansas City, Jackson County, Missouri, more particularly described as follows: Commencing at the northeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 26; thence North 87 degrees 04 minutes 09 seconds West, along the north line of the Northeast 1/4 of the Southeast 1/4 of said Section 26, a distance of 190 feet; thence South 2 degrees 06 minutes 29 seconds West, along a line parallel to the east line of the Northeast 1/4 of the Southeast 1/4 of said Section 26, a distance of 57.56 feet, to the true point of beginning of subject tract, said point also being 50 feet south of the centerline of 95th Street (Bannister Road), as now located; thence continuing South 2 degrees 06 minutes 29 seconds West, a distance of 150 feet; thence South 87 degrees 10 minutes 39 seconds East a distance of 150 feet, to a point 40 feet west of the east line of the Northeast 1/4 of the Southeast 1/4 of said Section 26; thence South 2 degrees 06 minutes 29 seconds West, along a line 40 feet west of and parallel to the east line of the Northeast 1/4 of the Southeast 1/4 of said Section 26, a distance of 551.63 feet; thence North 87 degrees 04 minutes 09 seconds West, a distance of 860.09 feet, to a point 900 feet west of the east line of the Northeast 1/4 of the Southeast 1/4 of said Section 26, said point also being on the east right of way line of Drury Avenue, as now established; thence North 2 degrees 06 minutes 29 seconds East, along the east right of way line of said Drury Avenue, a distance of 560 feet; thence South 87 degrees 10 minutes 39 seconds East, a distance of 150 feet; thence North 2 degrees 06 minutes 29 seconds East, a distance of 140 feet, to a point 50 feet south of the centerline of said 95th Street; thence South 87 degrees 10 minutes 39 seconds East, along a line 50 feet south of and parallel to the centerline of said 95th Street, a distance of 560.07 feet, to the true point of beginning of subject tract.

 

Except therefrom those portions of Bannister Road and Hillcrest Road pursuant to Report of Commissioners recorded September 8, 1977 as Document No. K340092 in Book K784, page 1939 and corrected Report of Commissioners recorded June 19, 1991 as Document No. K976188 in Book K2135, page 564 and except that part described as follows: Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; thence North 87 degrees 04 minutes 09 seconds West along the north line of said Northeast Quarter of the Southeast Quarter a distance of 700.08 feet; thence South 02 degrees 06 minutes 29 seconds West parallel with the east line of said Northeast Quarter of the Southeast Quarter a distance of 83.52 feet to the south right-of-way line of Bannister Road and the point of beginning; thence continuing South 02 degrees 06 minutes 29 seconds West parallel with the east line of said Northeast Quarter of the Southeast Quarter a distance of 155.00 feet; thence North 87 degrees 10 minutes 39 seconds West a distance of 200.00 feet to the east right-of-way line of Drury Avenue; thence North 02 degrees 06 minutes 29 seconds East along said east right-of way line a distance of 40.00 feet; thence South 87 degrees 10 minutes 39 seconds East a distance of 150.00 feet; thence North 02 degrees 06 minutes 29 seconds East parallel with the east line of said Northeast Quarter of the Southeast Quarter a distance of 115.00 feet to the south right-of-way line of Bannister Road; thence South 87 degrees 10 minutes 39 seconds East along said south right-of-way line a distance of 50.00 feet to the point of beginning.

 

is hereby rezoned from District UR (Urban Redevelopment) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A0988, 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 in accordance with Section 88-20 thereof.

 

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

 

1.                  Prior to issuance of building permits, the applicant shall obtain approval of a Final Plan from the Development Management Division of City Development. Such plan shall include the following: a site plan, fully dimensioned; landscape plan complying with all applicable requirements of 88-425 and showing all fences, retaining walls, dumpsters and mechanical equipment, and utilities and easements; color building elevations with all materials labeled; lighting plan complying with 88-430, including photometric study; grading plan showing existing and proposed grades as well as all retaining walls with top and bottom elevations labeled; and a signage plan complying with 88-445 or a note stating that signage will comply with 88-445.

 

2.                  That the owner/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.

 

3.                  That the owner/developer submit a detailed Micro Storm Drainage Study showing compliance with the approved and most current Macro Study on file with the City and with current adopted standards in effect at the time of submission, including a detailed analysis and design of the permanent water quantity and water quality BMP's, conveyance systems and sewer services, prior to approval and issuance of any building permits to construct improvements on the site; that the developer verify and/or improve downstream conveyance systems or address solutions for impacted properties due to flow contributions from the site; and that the developer construct any other improvements as required by the Land Development Division as necessary to mitigate impacts from rate, volume and quality of runoff from the proposed site.

 

4.                  That the owner/developer obtain executed and recorded City-approved grading, temporary construction, drainage/sewer or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

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

 

6.                  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.

 

7.                  That after the City Plan Commission enters its disposition for the preliminary plat, the owner/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.

 

8.                  That the owner/developer submit an executed and recorded copy of a Covenant Agreement to the Land Development Division for approval by the Law Department for the maintenance of any stormwater detention area tracts and BMP's as required by the Land Development Division, prior to issuance of any building permits or BMP permits, whichever occurs first.

 

9.                  That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division for 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 owner/developer obtain prior approval from the Transportation Development Committee for any proposed exceptions to City standards.

 

11.              That the owner/developer submit public improvement plans, including intersection improvements, public streets and storm sewers, sanitary sewers, streetlights, road markings, sidewalk, curb and gutter and drive approaches, as applicable, to address all above items direct to the Land Development Division for code compliance review and obtain all required construction permits from the Land Development Division.

 

12.              That the owner/developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the Land Development Division.

 

13.              That the owner/developer submit covenants, conditions, and restrictions to the Law Department for approval by the City for the maintenance of any private open spaces and any detention areas and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, with each final plat.

 

14.              That the owner/developer provide copies of the executed and recorded surface drainage easements. These easements may be identified with book and page numbers on the plat but they cannot be dedicated by the final plat. Separate documents must be submitted to Development Services.

 

15.              That the owner/developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

16.              K-Mart Redevelopment shall, if determined by KCATA to be beneficial to the Bannister Road corridor transit operations, agree to construct not less than 250 (10’ x 25’) square feet of sidewalk bus platform along the K-Mart Development frontage on Bannister Road.  The bus platform shall be constructed at a location determined by KCATA and in accordance with KCATA specifications.  Should KCATA determine a bus platform in front of K-Mart is not the best location for local transit operations, this requirement shall be deleted.

 

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