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Legislation #: 160598 Introduction Date: 8/11/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning approximately 2.5 acres generally located at the southwest corner of 44th Street and Washington Street from Districts R 1.5 (Residential 1.5) and R-6 (Residential 6) to District MPD (Master Planned Development), and approving a development plan for a four-story apartment project containing 188 units (14707-MPD)

Legislation History
DateMinutesDescription
8/10/2016 Filed by the Clerk's office
8/11/2016 Referred to Planning, Zoning & Economic Development Committee
8/17/2016 Do Pass
8/17/2016 Failed
8/18/2016 Assigned to Third Read Calendar
8/25/2016 Councilmember Shields (Second by Wagner) Move To Hold On Docket
8/25/2016 Failed
8/25/2016 Passed
8/17/2016 Without Recommendation
8/25/2016 Failed

View Attachments
FileTypeSizeDescription
160598 FAILED.pdf Authenticated 255K 160598 Failed
160598 Development Plan.pdf Other 8971K 160598 Development Plan
160598 Staff Report.pdf Staff Report 15389K 160598 Staff Report
160598 Docket Map.pdf Other 1314K 160598 Docket Map
160598 Fact Sheet.pdf Fact Sheet 379K 160598 Fact Sheet
16 0809 - Rendered Elevations.pdf Plan 5979K plan

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ORDINANCE NO. 160598

 

Rezoning approximately 2.5 acres generally located at the southwest corner of 44th Street and Washington Street from Districts R 1.5 (Residential 1.5) and R-6 (Residential 6) to District MPD (Master Planned Development), and approving a development plan for a four-story apartment project containing 188 units (14707-MPD)

 

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 88-20A1065, rezoning an area of approximately 2.5 acres generally located at the southwest corner of 44th Street and Washington Street from Districts R 1.5 (Residential 1.5) and R-6 (Residential 6) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A1065. That an area legally described as:

LEGAL DESCRIPTION WESTPORT TODAY, PHASE ONE

Part of Block 10, Pates Addition to Westport and part of Block 2, Edwin and Lockwood’s lst Addition, Kansas City, Jackson County, Missouri.

 

All of Lots l through 10, Block 10, PATE’S ADDITION TO Westport, a subdivision of land; and part of Lots l through 12, and all of Lots 65 through 76, and a part of the vacated alley lying adjacent thereto, Block 2, Edwin and Lockwood’s lst Addition, a subdivision of land, all in Kansas City, Jackson County, Missouri, more particularly described as follows:

 

Beginning at the Northwest corner of said Lot 10, Block 10, said point being at the point of intersection of the East right-of-way line of Pennsylvania Avenue and the South right-of-way line of 44th Street, as said streets are now established; thence South 87 degrees 13 minutes 19 seconds East, along the North line of said Block 10, and along the South right-of-way line of said 44th Street, a distance of 262.23 feet, to the Northeast corner of said Lot l, Block 10, said point also being on the West right-of-way line of Washington Street, as now established; thence South 2 degrees 22 minutes 02 seconds West, along the East line of said Lot l, Block 10, and along the West right-of-way line of said Washington Street, a distance of 119.77 feet, to the Southeast corner of said Lot l, Block 10; thence continuing South 2 degrees 22 minutes 02 seconds West, along the West right-of-way line of said Washington Street, as established by the instrument recorded as Document No. 634039 in Book B-1078 at Page 614 in the Office of the Recorder of Deeds, Jackson County, Missouri, a distance of 280.21 feet, to a point on the South line of the North 5 feet of said Lot 12, Block 2; thence North 87 degrees 11 minutes 10 seconds West, along the South line of the North 5 feet of said Lot 12, Block 2, and its Westerly extension, a distance of 121.59.59 feet, to a point on the East line of the West 122 feet of said Lot 65, Block 2; thence S 2° 24’ 08” W, along the East line of the West 122 feet of said Lot 65, Block 2, a distance of 20.00 feet, to a point on the South line thereof; thence North 87 degrees 11 minutes 10 seconds West, along the South line of said Lot 65, Block 2, a distance of 122.00 feet, to the Southwest corner thereof, said point also being on the East right-of-way line of said Pennsylvania Avenue; thence North 2 degrees 24 minutes 08 seconds East, along the West line of said Block 2, and along the East right-of-way line of said Pennsylvania Avenue, a distance of 300.05 feet, to the Northwest corner of said Lot 76, Block 2, said point also being on the South line of said Lot 10, Block 10; thence N 87 degrees 13 minutes 19 seconds West, along the South line of said Lot 10, Block 10, and along the East right-of-way line of said Pennsylvania Avenue, a distance of 18.56 feet, to the Southwest corner of said Lot 10, Block 10; thence North 2 degrees 15 minutes 01 second East, along the West line of said Lot 10, Block 10, and along the East right-of-way line of said Pennsylvania Avenue, a distance of 119.78 feet, to the point of beginning.

 

is hereby rezoned from Districts R 1.5 (Residential 1.5) and R-6 (Residential 6) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1065, 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 a four-story apartment project containing 188 units is approved, subject to the following conditions:

 

1.                  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.

 

2.                  The developer shall submit a Storm Drainage analysis from a Missouri-licensed civil engineer to the Land Development Division evaluating proposed improvements and impact to drainage conditions. Since this project is within a "Combined Sewer Overflow" (CSO) district, the project shall be designed to retain rainfall of 1.5 inch depth over the entire site to simulate natural runoff conditions and reduce small storm discharge to the combined sewer system and manage the 10-year storm and 100-year storm per currently adopted APWA standards. The analysis shall be submitted, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to recording the plat.

 

3.                  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.

 

4.                  The developer must pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

5.                  The developer shall 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, to identify 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 as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.

 

6.                  The developer must grant a City approved pedestrian right-of-way easement, for the portions of the public sidewalks approved to be outside of the street right-of-way, to the City as required by the Land Development Division, prior to recording the plat.

 

7.                  The owner/developer must submit plans for grading, siltation, and erosion control to the Land Development Division 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.

 

8.                  The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.

 

9.                  The developer shall pay $41,669.89 in lieu of parkland dedication based upon 122 multifamily units and calculated as follows:

 

a.                   *122 MF units x 2 persons/unit x 0.006 acres/person = 1.464 acres

 

b.                  * 1.464 acres minus 0.0091 acres of parkland = 1.373 acres x $30,360.20/acre = $41,669.89 or $341.56/unit.

 

10.              The developer shall provide a street tree planting plan to the Parks and Recreation Department for approval at the time of the final plat with a copy delivered to the Development Management Division.

 

11.              The developer shall provide fire protection as required by the Fire Marshal’s Office.

 

12.              The developer shall submit a final MPD Development Plan 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 and shall include 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.

 

13.              Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

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