KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 190483 Introduction Date: 6/13/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning about 10 acres generally located on the east side of Charlotte Street between E. 134th Street on the north and E. 135th Street on the south, from Districts R-80 and R-2.5 to District R-1.5, and approving a development plan and preliminary plat to allow for a 194-unit residential development. (CD-CPC-2019-00049 _ CD-CPC-2019-00048)

Legislation History
DateMinutesDescription
6/13/2019 Filed by the Clerk's office
6/13/2019 Referred to Planning, Zoning & Economic Development Committee
6/26/2019 Advance and Do Pass as a Committee Substitute, Debate
6/27/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190483 Sub.pdf Authenticated 391K Authenticated
190481 190483.pptx Other 13490K Presentation
190483.pdf Authenticated 187K Authenticated Ordinance
Zoning Exhibit.pdf Exhibit 1374K Exhibit
CD-CPC-2019-00047,00049 00048_FACTSHT.pdf Fact Sheet 304K Fact Sheet
CP-CPC-2019-00047,00049 00048_STAFFRPT_05_21_19.pdf Staff Report 308K Staff Report

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190483

 

Rezoning about 10 acres generally located on the east side of Charlotte Street between E. 134th Street on the north and E. 135th Street on the south, from Districts R-80 and R-2.5 to District R-1.5, and approving a development plan and preliminary plat to allow for a 194-unit residential development. (CD-CPC-2019-00049 & CD-CPC-2019-00048)

 

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 88-20A1203, rezoning an area of approximately 10 acres generally located on the east side of Charlotte Street between E. 134th Street on the north and E. 135th Street on the south, from Districts R-80 (Residential 80) and R-2.5 (Residential 2.5) to District R-1.5 (Residential 1.5), said section to read as follows:

 

Section 88-20A1203. That an area legally described as:

 

All that part of the East 20 acres of the South 30 acres of the Southeast Quarter of the Northeast Quarter of Section 20, Township 47, Range 33 in Kansas City, Jackson County, Missouri described as follows: Commencing at the East Quarter Corner of said Section 20; thence North 85 degrees 46 minutes 31 seconds West, along the South line of the Northeast Quarter of said Section 20, a distance of 450.00 feet to the point of beginning; thence continuing North 85 degrees 46 minutes 31 seconds West, along said South line, a distance of 428.28 feet to the Southeast corner of Louis H. Knoche’s Addition, a subdivision in said City and State; thence North 3 degrees 19 minutes 18 seconds East, along the East line of said plat, a distance of 30.00 feet; thence South 85 degrees 46 minutes 31 seconds East, a distance of 189.39 feet; thence North 3 degrees 19 minutes 18 seconds East, a distance of 199.62 feet to an existing 1/2 inch bar; thence North 85 degrees 46 minutes 31 seconds West, a distance of 189.39 feet to an existing 1/2 inch bar at the Northeast corner of Lot 28, said plat; thence North 3 degrees 19 minutes 18 seconds East, along the East line of said plat, a distance of 508.98 feet; thence South 85 degrees 44 minutes 57 seconds East, a distance of 763.85 feet; thence South 27 degrees 55 minutes 05 seconds West, a distance of 806.12 feet to the point of beginning. Containing 9.24 acres, more or less; and

 

Also: Lots 35 thru 38 inclusive, Louis H. Knoche’s Addition, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Southeast corner of Lot 35 of said plat; thence North 85 degrees 46 minutes 31 seconds West, along the South line of said lot 35, a distance of 110.01 feet, to the Southwest corner of Lot 35, said point being also located on the east Right-of-Way of Charlotte Street; thence North 3 degrees 19 minutes 18 seconds East, along said Right-of-Way a distance of 210.00 feet to the Northwest corner of Lot 38 of said plat; thence South 85 degrees 46 minutes 31 seconds East, departing from said Right-of-Way, along the north line of said Lot 38, a distance of 110.01 feet to the Northeast corner of Lot 38; thence South 3 degrees 19 minutes 18 seconds West, along the East line of said plat, a distance of 210.02 feet to the point of beginning. Containing 0.52 acres, more or less.

 

is hereby rezoned from Districts R-80 (Residential 80) and R-2.5 (Residential 2.5) to District R-1.5 (Residential 1.5), all as shown outlined on a map marked Section 88-20A1203, 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 and preliminary plat for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  The developer shall continue to work with the City Planning and Development staff as it relates to the architecture and proposed materials prior to issuance of a building permit.

2.                  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 prior to certificate of occupancy.

3.                  The developer shall secure approval of a street tree planting plan from the City Forester prior to Mylar approval of the final plat.

4.                  The Street Naming Plan shall be approved by the Development Management Division and transmitted to the Permits Division prior to the addressing of any lot within the final plat.

5.                  The developer shall post a sign at the terminus of all stub streets that states "FUTURE THROUGH STREET. TO BE CONNECTED WHEN ABUTTING PROPERTY DEVELOPS" pursuant to Chapter 88-405-10-B-6 of the Zoning and Development Code as directed by the Public Works Department prior to Mylar approval of the plat.

6.                  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.

7.                  The developer shall submit a final stream buffer plan to the Land Development Division 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 Section 88-415 requirements.

8.                  The developer shall dedicate right-of-way for 134th Street as required by the adopted Major Street Plan and Chapter 88 and ensure right-of-way dedication is adequate for any proposed road improvements adjacent to this project as required by the Public Works Department.

9.                  The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage for Charlotte Street.

10.              The developer shall 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.

11.              The developer shall 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.

12.              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.

13.              The developer shall submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.

14.              The developer shall grant on City approved forms, a stream buffer easement to the City or show and label the final stream buffer zones on the subdivision plat within a private open space tract, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

15.              The developer shall construct standard turn-arounds at the terminations of 134th and 135th Streets, and grant City approved easements for portions outside of the dedicated street right-of-way to the City as required by the Land Development Division, prior to recording the plat.

16.              The developer shall dedicate thirty (30) feet of right of way for 135th Street as required by the adopted Major Street Plan and Chapter 88, and ensure right-of-way dedication by it is adequate for any proposed road improvements adjacent to this project as required by the Public Works Department.

17.              The developer shall grant a BMP easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

18.              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.

19.              The developer shall subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, prior to issuance of any construction permits within said right-of-way, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

20.              The owner/developer shall 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.

21.              The developer shall submit a macro storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer to the Land Development Division showing compliance with current adopted standards in effect at the time of submission, including water quality BMP's, to the Land Development Division for review and acceptance for the entire development area, and submit micro storm drainage study with each subsequent plat or phase showing compliance with the approved macro and adopted standards. 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 Land Development Division.

22.              The developer shall enter into a Secured Deferral Agreement for the street improvement to 135th Street as required by Chapter 88, prior to issuance of a temporary or final certificate of occupancy. The Secured Deferral Agreement shall be for a period of 10 years, until further improvements occur on the property, or until street improvements occur on the opposite side of the street, whichever occurs first. This agreement should be approved by the Public Works Department.

23.              The East half of Charlotte Street along the developer’s platted frontage shall be improved as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road, and obtaining a required permit from the Land Development Division for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

24.              Interior streets shall be private streets. The City has no interest in maintaining private parking lot areas, and there is no connection to other City streets. The only people who will be accessing the site will be for private use.

25.              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.

26.              The developer shall grant a BMP and/or surface drainage easement to the City. Surface drainage easements must accommodate the 1% storm overflow path. Stormwater management facilities, detention basins, BMPs and overflow path shall be preferably located on a separate tract or if the separate tracts won’t work, lots with easements and maintenance covenants covering intended use in both cases.

27.              The developer shall obtain a floodplain certificate from the Development Services prior to beginning any construction activities within the floodplain with a no rise certificate or a LOMAR to satisfy FEMA requirements for construction activities within the floodplain showing the limits of the 100-year floodplain and showing 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).

28.              The developer shall submit water main extension drawings prepared by a registered professional engineer in Missouri to the main extension desk for review, acceptance and contracts per the Kansas City Water Rules and Regulations for water main extensions and relocations.

29.              The developer shall show the boundaries of a floodplain and if there is any grading or constructions within the floodplain boundaries, apply for a flood plain application.

30.              Fire Department access roads shall be provided before construction/demolition projects begin. (IFC 2012: § 3310.1; NFPA 241 2009: § 7.5.5)

31.              Fire hydrants shall be installed and operable before the arrival of any combustible building materials onto the site. (IFC 2012: § 3312.1; NFPA 241 2010: § 8.7.2)

32.              Dead end Fire Department access road(s) in excess of 150 feet shall be provided with an approved turn around feature (i.e., cul de sac, hammerhead). Dead end streets in excess of 150 feet in length resulting from a “phased” project shall provide an approved temporary turn around feature (i.e., cul de sac, hammerhead). (IFC 2012: § 503.2.5)

33.              The developer shall either dedicate parkland or contribute money in lieu of parkland dedication in satisfaction of Section 88-408 of the Zoning and Development Code per the 2018 parkland fees based on the number of units and the following formula:

(number of multi-family units) x 2 (persons per unit) x 0.006 (acres per person) = 0.00 acres x $39,617.49 (2018 parkland fee) = Required fee.

34.              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 streets.

35.              The developer shall construct trails to Trails KC's Neighborhood Connector Standard Section width and materials.

36.              The developer shall dedicate and construct E. 134th Street for the full width for a distance equal to half the extent of the property after which dedication of the southerly half is required.

37.              The developer shall enter into a cooperative agreement with the Public Works Department and the Land Development Division regarding the improvement of E. 135th Street prior to approval of final plat.

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.

 

_____________________________________________

 

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:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney