KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140192 Introduction Date: 3/6/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 1.66 acres located at the northwest corner of E. 6th Street and Chestnut Avenue, from Districts R 1.5 and B3-2 to District MPD and approving a preliminary development plan, which also serves as a preliminary plat for commercial development; and repealing Ordinance No. 130837. (14377-MPD, Cabinrock Investments)

Legislation History
DateMinutesDescription
3/6/2014 Filed by the Clerk's office
3/6/2014 Referred to Planning, Zoning & Economic Development Committee
3/19/2014 Advance and Do Pass, Debate
3/20/2014 Passed

View Attachments
FileTypeSizeDescription
140192.pdf Authenticated 437K Authenticated
140192 Staff Report.pdf Staff Report 256K Staff Report
140192 Fact Sheet.pdf Fact Sheet 397K Fact Sheet

Printer Friendly Version

ORDINANCE NO. 140192

 

Rezoning an area of approximately 1.66 acres located at the northwest corner of E. 6th Street and Chestnut Avenue, from Districts R 1.5 and B3-2 to District MPD and approving a preliminary development plan, which also serves as a preliminary plat for commercial development; and repealing Ordinance No. 130837. (14377-MPD, Cabinrock Investments)

 

WHEREAS, Ordinance No. 130837 rezoned certain property at E. 6th Street and Chestnut Avenue from Districts R-1.5 and B3-2 to District MPD and approved a preliminary development plan for the property; and

 

WHEREAS, said ordinance included a legal description of the property that contained two errors; and

 

WHEREAS, this ordinance will repeal and replace Ordinance No. 130837, and it includes the corrected legal description, but in all other respects is the same as said prior ordinance: NOW, THEREFORE,

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 88-20A0942, rezoning an area of approximately 1.66 acres generally located at the northwest corner of E. 6th Street and Chestnut Avenue, from Districts R-1.5 (Residential 1.5) and B3-2 (Community Business (dash 2)) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A0942. That an area legally described as:

 

A tract of land in Lots 2 and 3, Long, Croysdale, and Vaughn's Subdivision, a subdivision of land in the Northwest Quarter of Section 3, Township 49 South, Range 33 West of the 5th Principal Meridian, Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the northwest corner of the Northwest Quarter of said Section 3; thence South 87 degrees 29 minutes 05 seconds East, along the north line of said Section 3, a distance of 762.61 feet; thence South 02 degrees 30 minutes 55 seconds West, perpendicular to the last described course, a distance of 50.00 feet, to the intersection of the south right-of-way line of Independence Avenue with the west right-of-way line of Chestnut Avenue, as both right-of-ways now exist, said point also being the point of beginning of the tract of land, to be described herein; thence South 02 degrees 21 minutes 59 seconds West along said west right-of-way line, a distance of 250.21 feet, to a point on the north right-of-way of East 6th Street, as said right-of-way now exists; thence North 87 degrees 34 minutes 47 seconds West along said north right-of-way line, a distance of 349.14 feet; thence North 02 degrees 21 minutes 59 seconds East, a distance of 100.00 feet; thence South 87 degrees 34 minutes 47 seconds East, parallel to said north right-of-way line, a distance of 100.00 feet, thence North 02 degrees 21 minutes 59 seconds East, a distance of 150.63 feet, to a point on said south right-of-way line of Independence Avenue; thence South 87 degrees 29 minutes 05 seconds East, along said south right-of-way line, a distance of 249.14 feet, to the point of beginning. Contains 72,390 square feet or 1.66 acres, more or less.

 

is hereby rezoned from Districts R 1.5 (Residential 1.5) and B 3-2 (Community Business (dash 2)) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A0942, 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. 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, by making application under said code for a Minor Subdivision and submitting and recording a Lot Consolidation Plat or replatting the property in accordance therewith.

 

2. 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.

3. That the developer improve the northern one-half of 6th Street to local link street standards as required by the Land Development Division, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

4. That the developer obtain the 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. 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.

 

6. That the developer reconstruct sidewalks, curbs and drive entrances (and associated streetscape) along the project frontage and where modifying the sidewalk at the drive modifications as required by the Land Development Division and meeting ADA requirements, prior to working in the right-of-way and prior to issuance of any site or building permits. {Note: This condition is separate and in addition to any similar conditions related to the Parks Jurisdictional Road frontages for this project}.

 

7. 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, which identifies 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 Chapters 56 and 64, Code of Ordinances, and shall identify the quantity and location of such 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 as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.

 

8. That the developer integrate into the existing streetlight system any relocated existing streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights must comply with all adopted lighting standards.

 

9. That the owner/developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

10. 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.

 

11. That the developer provide acceptable easements and secure permits to relocate sanitary sewers out from under proposed buildings and structures, etc., while continuing to ensure individual service is provided to all proposed lots as required by the Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.

 

12. That the developer provide a cross-access easement across shared drives and across parking areas between lot access drives and project access drives entering to public street, including any parking areas that would reasonably be used, as required by the Land Development Division.

 

13. That the developer submit a streetscape plan for approval and permitting by the Land Development Division prior to beginning construction of the streetscape improvements in the public right of way, and construct ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired.

14. That the developer grant on City approved forms, BMP Easements to the City, as required by Chapter 88 and Land Development Division, prior to issuance of any building permits or BMP permits, whichever occurs first.

 

15. That the developer receive approval from the Parks and Recreation Department prior to any work within the Independence Avenue right of way.

 

16. That the developer provide fire protection as required by the Fire Department.

 

17. That 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 and further include all information as required by Section 88-520-03-H.

 

18. That the developer submit a final development plan with the City Development Department after approval of and before the lapse of a preliminary development plan. The site plan shall include information regarding property uses, setback distances, lighting (photometrics plan showing zero footcandles at the property line), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots, show proposed pedestrian circulation, and include elevation drawings of buildings and signage.

19. That the developer apply for and receive approval from the Independence Avenue Special Review Committee prior to the submittal of a final plan for this project.

20. That the applicant apply for and receive approval for a code modification for required off-site vehicular parking prior to the issuance of a building permit.

 

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.

 

Section D. That Ordinance No. 130837 is hereby repealed.

 

_____________________________________________

 

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