File #: 241104    Version: 1 Name:
Type: Ordinance Status: Referred
File created: 12/19/2024 In control: Neighborhood Planning and Development Committee
On agenda: 12/19/2024 Final action:
Title: Sponsor: Councilperson Darrell Curls Approving a major amendment to an approved development plan that will also serve as a preliminary plat on about 70 acres in District M2-2 generally located at the northwest corner of E. 63rd Trafficway and I-435 to incorporate new phasing and building layout for the existing land reclamation, quarry, excavation, office, commercial, and warehouse development
Sponsors: Darrell Curls

ORDINANCE NO. 241104

 

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Sponsor:  Councilperson Darrell Curls

 

Approving a major amendment to an approved development plan that will also serve as a preliminary plat on about 70 acres in District M2-2 generally located at the northwest corner of E. 63rd Trafficway and I-435 to incorporate new phasing and building layout for the existing land reclamation, quarry, excavation, office, commercial, and warehouse development (CD-CPC-2024-00152)

 

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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a major amendment to an approved development plan that will also serve as a preliminary plat in District M2-2 (Manufacturing) generally located at the northwest corner of E. 63rd Trafficway and I-435, and more specifically described as follows:

 

All that part of the Southwest Quarter of the Northeast Quarter of Section 1, Township 48, Range 33, N. Kansas City, Jackson County, Missouri, lying north of 63rd street trafficway, as now established.

 

All that part of the north 30 acres of the Southeast Quarter of the Northeast Quarter of Section 1, Township 48, Range 33, N. Kansas City, Jackson County, Missouri, lying northerly of 63rd Street Trafficway and Interstate Route No. 435.

 

The south 30 acres of the Northeast Quarter of the Northeast Quarter of Section 1, Township 48, Range 33, N. Kansas City, Jackson County, Missouri.

 

All that part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 48, Range 33, N. Kansas City, Jackson County, Missouri, described as follows: Beginning at the northeast corner of the Northeast Quarter of the Northeast Quarter of said Section 1; thence west along the north line of said section, 666.73 feet; thence southwesterly along the westerly line of the private roadway established by deed recorded in Book b-7046 at page 164,which line deflects to the left 86 degrees 20 minutes from said last described course, 331.6 feet, more or less to a point on the north line of the south 30 acres of said Quarter Quarter Section; thence east along the north line of said 30 acres tract to a point on the east line of said Quarter Quarter Section; thence north along the east line of said Quarter Quarter Section, 333.63 feet more or less, to the point of beginning, except that part in Interstate Route No. 435.

 

The West One-Half of the West One-Half of the Northwest Quarter of the Northwest Quarter of Section 6, Township 48, Range 32, N. Kansas City, Jackson County, Missouri, except the south 130 feet thereof, and except that part in Interstate Route No. 435.

 

The south 130 feet of the West One-Half of the West One-Half of the Northwest Quarter of the Northwest Quarter of Section 6, Township 48, Range 32, in Kansas City, Jackson County, Missouri.

 

All that part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 48, Range 32, N. Kansas City, Jackson County, Missouri, described as follows: Beginning at the northwest corner of said Quarter Quarter Section; thence south along the west line of said Quarter Quarter Section, 340.76 feet to a point 978.52 feet north of the southwest corner of said Quarter Quarter Section said point being the northwest corner of a tract of land conveyed to E.J. Bjorkbach by deed dated July 25, 1921, filed for record under Document No. 150889 and recorded in Book 398, at page 567; thence east along the north line of said Bjorkbach Tract 872.76 feet to a point 406. 16 feet west of the east line of said Quarter Quarter Section, said point being on the west line of a tract of land conveyed to David H. Sherrard by deed dated December 29, 1915, filed for record under Document No. 104939 and recorded in Book b-339 at page 16; thence north on said west line of said Sherrard Tract, 119.05 feet to a point, said point being the northwest corner of said Sherrard Tract; thence east along the north line of said Sherrard Tract 406.16 feet to a point in the east line of said Quarter Quarter Section; thence north along said east line 236.07 feet to the northeast corner thereof; thence west along the north line of said Quarter Quarter Section 622.07 feet to a point 660 feet easterly of the point of beginning; thence south 31.02 feet; thence west 330 feet; thence north 31.02 feet to a point in the north line of said Quarter Quarter Section; thence west along said north line 330 feet to the point of beginning, except the right of way for Interstate Route 435 and except the right of way for 63rd Street Trafficway.

 

is hereby approved, subject to the following conditions:

 

1.                     The developer shall submit an application and gain approval of a final plat prior to issuance of any certificate of occupancy for this site.

 

2.                     All signage shall conform to 88-445 and shall require a sign permit prior to installation.

 

3.                     The developer shall submit an affidavit, completed by an ISA certified arborist, an SAF certified forester, a professional engineer, or a landscape architect licensed in the State of Missouri, verifying that all trees preserved and all trees planted to meet mitigation required of the approved plan, whichever is applicable, has been installed or preserved in accordance with the plan and is healthy prior to a certificate of occupancy.

 

4.                     Prior to issuance of the certificate of occupancy for each lot within the plat, the developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that street trees have been installed in accordance with the approved street tree planting plan and are healthy.

 

5.                     The developer shall screen all roof and/or ground mounted mechanical and utility equipment in compliance with 88-425-08. 

 

6.                     The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved plan has been installed in accordance with the plan and is healthy prior to a certificate of occupancy.

 

7.                     Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC-2018 § 501.4 and 3312.1; NFPA 241-2013 § 8.7.2)

 

8.                     Security gates which span across a fire access road shall provide a means for emergency operation. Electric gates shall require a siren sensor device typically referred to as a “yelp gate.” (IFC-2018 § 503.6).

 

9.                     Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. (IFC-2018: § 503.2.5)

 

10.                     The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4)

 

11.                     Required Fire Department access roads shall be designed to support a fire apparatus with gross axle weight of 85,000 pounds. (IFC-2018: § 503.2.3)

 

12.                     A required Fire Department access road shall be an all-weather surface. (IFC-2012: § 503.2.3) (No Grass Pavers Allowed)

 

13.                     Required Fire Department access roads shall be a minimum unobstructed width of twenty (20) feet and 13 ft. 6 in clearance height. Check with Streets & Traffic (KCMO Public Works) or Missouri Department of Transportation (MODOT) that may have street planning regulations that supersede the Fire Code. (IFC-2018: § 503.2.1)

 

14.                     Fire Department access roads shall be provided before construction/demolition projects begin. (IFC-2018 § 501.4 and 3310.1; NFPA 241-2013 § 7.5.5)

 

15.                     Fire hydrant(s) shall be within 400 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building. The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required. This distance may be increased to 600 feet for R-3 and U occupancy(s) or the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC-2018: § 507.5.1)

 

16.                     The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)

 

17.                     The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way.

 

18.                     The developer shall be responsible for tree preservation in an easement or platted tract, mitigation planting, or payment of cash-in-lieu of preservation or mitigation planting, or any combination thereof in accordance with 88-424. Should the developer choose to pay cash-in-lieu of preservation or mitigation of all or a portion of the required area, the amount due shall be based upon the rate specified in 88-424. This requirement shall be satisfied prior to issuance of a certificate of occupancy, or prior to the recording of the final plat, whichever occurs first. 

 

19.                     The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy. 

 

20.                     The developer shall pay impact fees as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division. 

 

21.                     The developer shall 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. 

 

22.                     Water/sewer service lines shall serve only one lot or tract and shall not cross a separate lot or tract.

 

23.                     The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.

 

24.                     No water service tap permits will be issued until the public water main is released for taps. 

 

25.                     The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations prior to a certificate of occupancy. 

 

26.                     The developer shall submit water main extension plans through Compass KC as prepared by a Missouri professional engineer meeting all the Kansas City Water Services Department rules and regulations. The water main extension shall be under contract (permitted) prior to plat recording or building permit issuance. 

 

27.                     The developer shall submit a storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer to the Kansas City Water Services Department showing compliance with current adopted standards in effect at the time of submission, including water quality BMP’s, to the Kansas City Water Services Department for review and acceptance for the disturbed area. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Kansas City Water Services Department. 

 

28.                     The developer shall submit plans for grading, siltation, and erosion control to the Kansas City Water Services Department for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities. 

 

29.                     The developer must grant a BMP easement to the City as required by the Kansas City Water Services Department, prior to recording the plat or issuance of any building permits. 

 

30.                     The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri. 

 

31.                     The developer shall obtain a floodplain development permit from Development Services prior to beginning any construction activities within the floodplain. 

 

32.                     The developer shall show the limits of the 100-year floodplain on the final plat and show the Minimum Low Opening Elevation (MLOE) of any structure on each lot that abuts a 100-year floodplain area (including detention basins and engineered surface drainage conveyances) on any plat and plan, as required by the Kansas City Water Services Department. 

 

33.                     The developer shall submit a preliminary stream buffer plan prior to approval of the plan in accordance with the Section 88-415 requirements. 

 

34.                     The developer shall submit a final stream buffer plan to the Kansas City Water Services Department for approval prior to issuance of any building permits and obtain permits for the stream buffer prior to removal of any mature riparian species within the buffer zones due to construction activities on the site, in accordance with the Section 88-415 requirements. 

 

35.                     The developer shall grant on City approved forms, a stream buffer easement to the City, as required by Chapter 88 and the Kansas City Water Services Department prior to issuance of any stream buffer permits.

 

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 B. 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.

 

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

                                                                                                         ______________________________

                                                                                                         Sara Copeland, FAICP

                                                                                                         Secretary, City Plan Commission

 

Approved as to form:

 

 

______________________________

Sarah Baxter

Senior Associate City Attorney