COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 940020

 

Amending Chapter 65, Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 65.010A2504, rezoning an area of approximately 325 acres generally bounded by Bannister Road on the north, I-435 and U.S. Highway 71 on the west, I-470 on the south, and the west boundary of the Mooreland/Hillcrest Heights subdivision on the east from Districts RA (Agricultural), R-1a (One-Family Dwellings), R-2b (Two-Family Dwellings), R-5-p (High Apartments - Limited District), C-1 (Neighborhood Retail Business), C-2 (Local Retail Business), C-2-p (Local Retail Business - Limited District), C-3a1-p (Intermediate Business, Low Buildings - Limited District), C-3a2-p (Intermediate Business, High Buildings - Limited District), CP-2 (Local Planned Business Center), M-1 (Light Industry), M-1-p (Light Industry - Limited District), M-2 (Heavy Industry), and MP (Planned Industrial District) to District URD (Urban Redevelopment District), and approving a development plan for the same.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 65, Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 65.010A2504, rezoning an area of approximately 325 acres generally bounded by Bannister Road on the north, I-435 and U.S. Highway 71 on the west, I-470 on the south, and the west boundary of the Mooreland/Hillcrest Heights subdivision on the east from Districts RA (Agricultural), R-1a (One-Family Dwellings), R-2b (Two-Family Dwellings), R-5-p (High Apartments - Limited District), C-1 (Neighborhood Retail Business), C-2 (Local Retail Business), C-2-p (Local Retail Business - Limited District), C-3a1-p (Intermediate Business, Low Buildings - Limited District), C-3a2-p (Intermediate Business, High Buildings - Limited District), CP-2 (Local Planned Business Center), M-1 (Light Industry), M-1-p (Light Industry - Limited District), M-2 (Heavy Industry), and MP (Planned Industrial District) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 65.010A2504. That an area legally described as:

 

All or part of the following subdivisions: "BANNISTER SQUARE BUSINESS CENTER REPLAT", "MARION INDUSTRIAL PARK", "MARION INDUSTRIAL PARK 2ND PLAT", "KEMBLE ACRES", "HICKMAN BUSINESS CENTER", "KRAMER INDUSTRIAL PARK", "BANNISTER STOR-ALL", "A & A ACRES", "KING'S ROSE HILL SUBDIVISION", "HOLMES PARK", "REPLAT OF HOLMES PARK", "SHOWBIZ PIZZA PLACE", AND "RESURVEY OF PARCELS 2 AND 3 VENTURE CENTER", all subdivisions according to the recorded plats thereof, including the following streets, drives, avenues, highways, and alleys; Marion Park Drive, 103rd Street, Hickman Mills Drive, Interstate 470, U.S. Highway No. 71, Interstate 435, Woodfield Drive, Cypress Avenue, 95th Street Terrace, 96th Street, King's Highway, Elmwood Avenue, and the alleys in Blocks 1 and 3, Holmes Park, as said streets, drives, avenues, highways, and alleys are now established and the right of way of the Burlington Northern Railroad (formerly the St. Louis and San Francisco Railroad), together with other lands situated in Section 26, Township 48, Range 33, and in Section 35, Township 48, Range 33, all in Kansas City, Jackson County, Missouri, and lying generally south of Bannister Road; north of Interstate 470 and easterly of U.S. Highway No. 71.

 

The boundary of the redevelopment area is more specifically described as beginning at the northeast corner of Lot 1, "BANNISTER SQUARE BUSINESS CENTER REPLAT"; thence south along the east line of said Lot 1 and along the east line of Lot 3 in said "BANNISTER SQUARE BUSINESS CENTER REPLAT", a distance of 439 feet; thence in a southerly and southwesterly direction along the east line of said Lot 3 and along a curve to the right, tangent to the last described course and having a radius of 300.00 feet, an arc distance of 176 feet to the southeast corner of said Lot 3, said corner also being on the north line of the Southwest 1/4 of the Southeast 1/4 of Section 26, Township 48, Range 33; thence east 120 feet to the northeast corner of said 1/4 1/4 Section; thence south along the east line of said 1/4 1/4 Section and along the east line of the West 1/2 of the Northeast 1/4 of Section 35, Township 48, Range 33 and along the southerly prolongation thereof, a distance of 3991 feet to a point on the south right of way line of 103rd Street, as now established; thence east along said south right of way line, a distance of 491 feet, more or less, to the northwest corner of "SLEEPY HOLLOW", a subdivision in said city, county and state; thence the following courses along the westerly boundary lines of said "SLEEPY HOLLOW" subdivision; south 844 feet, east 200 feet, south 390 feet, southwesterly 91 feet, west 572 feet, south 30 feet, west 141 feet to a point on the easterly right of way line of Hickman Mills Drive, as now established; thence southeasterly 461 feet to the southwest corner of said "SLEEPY HOLLOWS" subdivision; thence westerly, departing from said subdivision boundary along the northerly right of way line of Interstate Route 470, as now established; 100 feet, more or less, to a point on the westerly right of way line of said Hickman Mills Drive, said point also being opposite and 209 feet northerly of Station 47+85 of the right of way base line of the eastbound lanes of said Interstate 470, as now established; thence westerly along the last said right of way line, 440 feet, more or less, to a point on the westerly right of way line of the Burlington Northern Railroad that is opposite and 30 feet northerly of Station 43+55 of said right of way base line; thence northwesterly 795 feet, more or less, to a point opposite and 50 feet northeasterly of Station 35+51.26 of said right of way base line; thence northwesterly, parallel with said right of way base line, a distance of 818 feet; thence in a northwesterly direction along a curve to the left, tangent to the last described course having a radius of 1483 feet, an arc distance of 355 feet; thence in a northwesterly and northerly direction along a curve to the right having a radius of 1637 feet, an arc distance of 1500 feet, more or less, to the intersection of the westerly right of way line of said Hickman Mills Drive and the prolongation of the easterly right of way line of Interstate 435, as now established; thence North 60 West, a distance of 245 feet; thence North 2330' West, a distance of 660 feet; thence North 35 West, a distance of 165 feet, more or less, to a point on the southerly prolongation of the easterly right of way line of U.S. Highway No. 71, as now established; thence northerly along said prolongation and along the last said right of way line, a distance of 720 feet to a jog in said right of way line; thence west along said jog, a distance of 23 feet; thence northerly along the last said right of way line, a distance of 1420 feet to an angle point; thence northerly along said right of way line, a distance of 140 feet to an angle point; thence northerly along said right of way line, a distance of 52 feet; thence northerly along the last said right of way line, a distance of 270 feet to an angle point on the southerly right of way line of Woodfield Drive, as now established; thence westerly along a jog in said easterly right of way line, along a curve to the left having a radius of 180.00 feet, an arc distance of 46 feet; thence northerly along said right of way line, a distance of 50 feet to an angle point in said easterly right of way line that is opposite and 143 feet east of Station 404+09 of the right of way base line of said U.S. Highway No. 71; thence north along said right of way line, a distance of 695 feet to an angle point therein that is opposite and 293 feet east of Station 410+95 of said right of way base line; thence westerly along said right of way line, a distance of 49 feet to an angle point therein that is opposite and 248 feet east of Station 411+16 of said right of way base line; thence northerly along said right of way line, a distance of 80 feet to a point on the southerly right of way line of Bannister Road; thence northeasterly along last said right of way line, a distance of 135 feet; thence southeasterly along said southerly right of way line, a distance of 140 feet; thence northeasterly along said right of way line and along the prolongation thereof, a distance of 180 feet to the point of intersection of the south right of way line of Bannister Road and the northeasterly right of way line of the Burlington Northern Railroad; thence easterly along said south right of way line, a distance of 80 feet; thence northeasterly along said south right of way line, a distance of 45 feet; thence easterly along said south right of way line, a distance of 400 feet; thence easterly, a distance of 80 feet to a point on the east right of way line of Hickman Mills Drive extension, as now established; thence south along the last said right of way line, a distance of 580 feet; thence southwesterly along the last said right of way line, a distance of 87 feet to a point on the west line of Lot 2, "SHOWBIZ PIZZA PLACE", a subdivision in said city, county, and state; thence south along the last said west line, a distance of 130 feet to the southwest corner of the last said Lot 2, said point also being the northwest corner of Parcel 2, "RESURVEY OF PARCELS 2 AND 3, VENTURE CENTER"; thence east along the north line of said Parcel 2; a distance of 1125 feet to the northeast corner thereof; thence easterly, a distance of 545 feet to the northerlymost corner of Lot 6, "BANNISTER SQUARE BUSINESS CENTER REPLAT", a subdivision in said city, county, and state; thence southeasterly 166 feet to an angle point in the north line of Lot 4 in the last said subdivision; thence east along the north lines of Lots 4 and 2 in the last said subdivision, a distance of 440 feet to a point on the west line of Lot 1 in the last said subdivision; thence north 180 feet to the northwest corner of the last said Lot 1; thence east, a distance of 267 feet to the point of beginning, except that part thereof in public thoroughfares.

 

is hereby rezoned from Districts RA (Agricultural), R-1a (One- Family Dwellings), R-2b (Two-Family Dwellings), R-5-p (High Apartments - Limited District), C-1 (Neighborhood Retail Business), C-2 (Local Retail Business), C-2-p (Local Retail Business - Limited District), C-3a1-p (Intermediate Business, Low Buildings - Limited District), C-3a2-p (Intermediate Business, High Buildings - Limited District), CP-2 (Local Planned Business Center), M-1 (Light Industry), M-1-p (Light Industry - Limited District), M-2 (Heavy Industry), and MP (Planned Industrial District) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 65.010A2504, 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 65.010 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 cause the area to be platted and processed in accordance with Chapter 31, Code of General

Ordinances of Kansas City, Missouri, as amended, commonly

known as the Subdivision Regulations, with a final plat

for each area to be approved as each tax increment

financing project ordinance is activated.

 

2. That the developer submit a preliminary storm drainage study to the City Engineer for approval for the entire

redevelopment area with the first plat, with final storm

drainage studies to be submitted for each project area as

development occurs, and that improvements be made by the

developer as required by the City Engineer.

 

3. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office prior

to the commencement of any construction.

 

4. That the developer obtain a land disturbance permit from the Missouri Department of Natural Resources.

 

5. That the developer obtain a permit from the Missouri Highway and Transportation Department prior to any

construction within State right of way.

 

6. That the developer dedicate additional right of way as required so as to provide 80 feet of right of way as

measured from the centerline of Hickman Mills Drive.

 

7. That the developer dedicate additional right of way as required so as to provide 60 feet of right of way as

measured from the centerline of 103rd Street (relocated).

 

8. That the developer improve Hickman Mills Drive from Bannister Road to I-470 to secondary arterial street

standards, including widening to four lanes and providing

turn lanes as required by the City Engineer's Office, at

the time that platting of the frontage along Hickman

Mills Drive occurs.

 

9. That the developer widen the Elmwood Avenue approach to Bannister Road to four lanes, including two left

northbound, one right northbound, and one southbound

through lane. This improvement shall be constructed with

Project 1, as shown on the development plan.

 

10. That the developer widen Bannister Road by one 12 foot lane on the south side, from U.S. 71 Highway east to the

right turn widening in front of the Venture store so as

to provide a third eastbound through lane. This

improvement shall be constructed with Project 1, as shown

on the development plan.

 

11. That the developer construct the intersection of the new driveway and Elmwood Avenue with a design that meets City

approval.

 

12. That the developer reconstruct the intersection of 103rd Street, Hickman Mills Drive, and Marion Park Drive to

facilitate movement of traffic between Marion Park Drive

and Hickman Mills Drive in accordance with the alignment

shown on the development plan. If necessary, Hickman

Mills Drive and Marion Park Drive shall be widened to

provide turn lanes. This construction shall occur at

such time that the analysis of traffic operating

conditions dictates the need for the improvement, as

determined by the Director of the Department of Public

Works and the developer.

 

13. That the developer improve relocated 103rd Street to collector street standards.

 

14. That the developer construct north and southbound left turn lanes on Hillcrest Road at 103rd Street, widen the

westbound approach, and signalize the intersection.

These improvements shall be made in conjunction with

Project 1, as shown on the development plan.

 

15. That the developer contribute to the I-470/I-435 Corridor Study Improvement Fund at time of platting, or if in a

later phase of platted area, before building permit;

provided that no contribution shall be due until the

commencement of Project 2, as shown on the development

plan. Rates of contribution shall be as follows: $0.65

per square foot for corporate office space; $0.50 per

square foot for research and development laboratory

space; and $0.70 for warehouse space.

 

The developer will receive credit for the above

contribution attributable to construction of off-site

improvements for:

 

(a) widening of Bannister Road from Elmwood Avenue east

to the right turn widening in front of the Venture

store as required by Condition 10; and

 

(b) improving the intersection of 103rd Street and

Hillcrest Road as required by Condition 14.

 

The remaining contribution by developer will be used

towards the cost of the following improvements:

 

(a) widening the approaches of Red Bridge Road at

Hillcrest Road to provide two through lanes and

left turn lanes for Red Bridge Road;

 

(b) widening the approaches of Hillcrest Road to

provide left turn lanes and a southbound right turn

lane; and

 

(c) conversion of temporary signals at Hillcrest Road

and Red Bridge Road to a permanent signal system.

 

 

16. That the developer obtain a floodplain certificate for any work performed within the floodplain.

 

17. That the developer provide for fire protection as required so that all portions of all buildings are within

150 feet of a fire hydrant.

 

18. That the developer construct all-weather roads before construction beyond the footings and foundations.

 

19. That the developer submit site plans for approval which incorporate the following landscaping, signage, lighting

and urban design recommendations:

 

(a) Vehicular entries into the area, driveways, and any

proposed medians shall be landscaped along their

entire length. Landscaping should include trees,

shrubs which would grow to a solid mass within

three to five years, and flower massing;

 

(b) Street trees shall be planted on both sides of

Hickman Mills Drive and 103rd Street, 40 to 50 feet

on center;

 

(c) Along the street frontage of all surface parking

lots, the developer shall provide a landscape

screen using raised planters, berming, or

decorative flower screens;

 

(d) Within all surface parking lots, one shade tree

shall be provided for every ten parking spaces;

 

(e) Surface parking lots adjacent to property lines

abutting residentially zoned areas shall be

screened by a solid wood fence of adequate height

to prevent infiltration of noise and headlights

into the residential properties;

 

(f) The design of the parking structure shall include

materials that complement the surrounding

architecture. Architectural treatment shall be

used to screen views of vehicles from the streets

and residential areas;

 

(g) Parking garages located adjacent to residential

areas shall be screened by appropriate landscaping

materials, including fast growing deciduous trees,

evergreen trees, shrubs, and other types of

hedging;

 

(h) All site lighting shall be directed away from

neighboring residential areas;

 

(i) Internal vehicular connections between the

warehouse/office buildings shall be provided where

possible so that vehicles making short trips

between buildings do not have to use the streets;

 

(j) Loading docks shall be located at the interior of

the project if possible, or else shall be screened

from the street, residential areas, or U.S. 71

Highway;

 

(k) Dumpsters and trash containers shall be located at

the interior of the site and not be visible from

interior streets, residential areas, or U.S. 71

Highway;

 

(l) Extensive landscaping shall be provided around

building perimeters. For visual interests,

landscaping should include flowering trees such as

redbuds and hawthorns, as well as evergreen trees

or shrub massings where appropriate. Landscaping

shall be dense so as to hide foundations of the

buildings within three to five years;

 

(m) All landscaping shall be adequately irrigated and

maintained. The developer shall replace any trees,

shrubs, or plants if there is evidence of insects,

disease, and/or damage;

 

(n) Open space shall be provided throughout the

development and interconnect each of the proposed

buildings. Open space may be in the form of

greenways, sidewalks, and pathways which would link

the entire development;

 

(o) A consistent theme for signage shall be developed,

creating unity to the campus atmosphere of the

development;

 

(p) Only monument, not pole signage, shall be utilized.

Monument signage shall be limited to 4.5 feet in

height and shall be setback ten feet from the right

of way line.

 

(q) Sign materials shall be durable and long lasting

and shall complement colors and materials of the

buildings;

 

(r) Flashing, blinking, or moving signs shall not be

permitted;

 

(s) Area around monument signage shall be landscaped

with shrubbery, ground covers, or seasonal

flowering plants, complementing the overall

landscaping of the project;

 

(t) Sidewalks shall be provided along all arterials and

internal streets to link the proposed buildings;

and

 

(u) Sidewalks shall be provided within parking lots to

provide pedestrian safety and circulation, and

shall further link the parking lots with buildings.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 940020, which is attached hereto and 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 39, Code of General Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney