ORDINANCE NO. 180947
Approving an amendment to a
previously approved development plan in District MPD on approximately 19 acres
generally located at the southeast corner of Highway 169 and N.W. 96th Street,
to allow for the modification to Phase IV, by changing the uses from commercial
to residential. (CD-CPC-2018-00147)
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section A. That a
previously approved development plan in District MPD (Master Planned
Development) on approximately 19 acres generally located at the southeast
corner of Highway 169 and N.W. 96th Street, and more specifically described as
follows:
All
that part of the Southwest Quarter of Section 35, Township 52 North, Range 33
North and all that part of Lot 1, Steeplechase First Plat, a subdivision, all
in Kansas City, Clay County, Missouri, described as follows: Beginning at the
intersection of the westerly line of said Lot 1 and the southerly right-of-way
line of N.W. 96th Street as now established; thence South 09 degrees 59 minutes
20 seconds West, along said westerly line, 113.00 feet; thence continuing along
said westerly line on a curve to the right, tangent to the last described
course, with a radius of 9.00 feet, an arc distance of 7.37 feet; thence in a
southwesterly direction, on a curve to the left, tangent to the last described
curve with a radius of 51.00 feet, an arc distance of 33.38 feet; thence in a
southwesterly direction, on a curve to the right with a radius of 5.00 feet, an
arc distance of 5.32 feet; thence in a south westerly direction on a curve to
the left, tangent to the last described curve, with a radius of 151.00 feet an
arc distance of 116.81 feet; thence South 35 degrees 59 minutes 31 seconds West
85.86 feet; thence in a southwesterly direction, on a curve to the right,
tangent to the last described course, with a radius of 86.50 feet an arc
distance of 80.67 feet; thence South 89 degrees 25 minutes 47 seconds West
65.85 feet; thence South 00 degrees 34 minutes 13 seconds East 46.47 feet;
thence South 89 degrees 25 minutes 47 seconds West 79.14 feet, to the easterly
right-of-way line of U.S. Highway 169; thence North 00 degrees 34 minutes 13
seconds West, along said easterly right-of-way, 350.25 feet, to southerly
right-of-way line of N.W. 96th Street; thence in an easterly direction along
said southerly right-of-way line, to the point of beginning.
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 building layout and architecture prior to
City Plan Commission approval of a final MPD plan.
2.
The developer shall submit a final MPD plan to the City Plan Commission
for approval, indicating plans for landscaping, grading, detailed internal
circulation, signage, lighting and a photometric study showing zero footcandles
at the property lines prior to issuance of a building permit.
3.
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.
4.
The developer shall submit a street tree planting plan to the
Development Management Division prior to issuance of building permit. The
developer shall also secure the approval of the City Forester for street trees
to be planted in the right-of-way prior to occupancy.
5.
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.
6.
The developer shall submit a detailed micro storm drainage analysis from
a Missouri-licensed civil engineer to the Land Development Division showing
compliance with the current, approved macro study on file with the City and
with current adopted standards in effect at the time of submission, including water
quality BMP’s, prior to approval and issuance of any building permits to
construct improvements on the site or prior to recording the plat, whichever
occurs first. The developer shall verify and/or improve downstream conveyance
systems or address solutions for impacted properties due to flow contributions
from the site and the developer shall construct any other improvements as
required by the Land Development Division as necessary to mitigate impacts from
rate, volume, and quality of runoff from each proposed phase.
7.
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.
8.
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.
9.
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.
10.
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.
11.
The developer shall secure permits to extend public sanitary and storm
water conveyance systems to serve all proposed lots within the development and
determine adequacy of receiving systems as required by the Land Development
Division, prior to recording the plat or issuance of a building permit,
whichever occurs first.
12.
The developer shall grant BMP and/or surface drainage easements to the
City where applicable as required by the Land Development Division, prior to
recording the plat or issuance of any building permits.
13.
The developer shall enter into a covenant agreement for the maintenance
of any stormwater detention area tracts as required by the Land Development
Division, prior to recording the plat.
14.
Notwithstanding anything contained in 88-408-B., the developer may
elect, at any time before approval of the preliminary plat by the development
review committee or the City Plan Commission, to pay money in lieu of
dedicating land. Lot A has 22 multi-family units, 10 duplex and 19 single
family units.
22 x (2.0 person per unit) x (.006 acres per person) x
($37,662.28 2018 rate) = parkland fee
10 x (3 people
per unit) x (.006 acres per person) x ($37,662.28 2018 rate) = parkland fee
19 x (3.7
people per unit) x (.006 acres per person) x ($37,662.28 2018 rate) = parkland
fee
15.
When the developer elects to pay money in lieu of dedicating land, the
developer must, before recording the subdivision plat or minor subdivision, or
(if platting or minor subdivision is not required) receiving a certificate of
occupancy for a new residential unit, deposit with the City Treasurer a
monetary payment to the parks and recreation acquisition or development trust
fund equal to the required parkland dedication (calculated pursuant to
88-408-A.) multiplied by the current year's price for the calendar year in which
the approval is granted (date of preliminary plat approval by the Development Review
Committee or the City Plan Commission, administrative approval of minor
subdivision, or in the absence of platting or minor subdivision, issuance of a
building permit for a newly created unit) less a credit based on the ratio that
any land actually dedicated for park purposes bears to the required parkland
dedication.
16.
N.W. 96th Street is identified as Tiffany Springs Parkway on the Major Street
Plan. It has the Typology of Parkway. Section 88-323-03-A
is applicable.
17.
The developer shall submit a letter to the Parks and Recreation Department
from a licensed civil engineer, licensed architect, or licensed landscape architect,
who is registered in the State of Missouri, stating the condition of the
sidewalks, curbs, and gutters. The letter must identify state of repair as
defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs,
and gutters. It shall identify the quantity and location of sidewalks, curbs, and
gutters that need to be constructed, repaired, or reconstructed. 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 Parks and Recreation Department, prior to recording the plat.
18.
The developer shall secure permits to construct new, repair existing, or
reconstruct sidewalks, curbs, and gutters as necessary along all development
street frontages in accordance with Chapters 56 and 64, Code of Ordinances, as
required by the Parks and Recreation Department, prior to issuance of any
certificate of occupancy, as a condition of the Board of Zoning.
19.
The developer shall submit a streetscape plan for approval and
permitting by the Parks and Recreation Department prior to beginning work in
the public right-of-way.
20.
The developer shall extend water mains and provide easements as required
by the Water Services Department.
21.
Be advised a 20’ water easement runs west of the property and a 25’
water easement runs north of the property.
22.
The developer shall allow no permanent structure on water easements.
23.
Water Services Department rules indicate that permanent structures shall
be placed a minimum of 25 feet away from the w/m.
24.
The developer shall plan to install a private water line with full fire
flow meter, domestic water and fire service lines.
25.
If the right-of-way is vacated, additional water easements should be
dedicated adjacent to the proposed right-of-way.
26.
The fire resistance rating of exterior walls must comply with the
requirements of the International Residential Code section R302.1 (1).
27.
The fire resistance rating of exterior walls must comply with the
requirements of the International Building Code section 602.1.
28.
Fire Department access roads shall be provided prior to
construction/demolition projects begin. (IFC-2012: § 3310.1; NFPA 241-2009: §
7.5.5)
29.
The developer shall provide and enforce fire lanes throughout the new
development to include part of the affected area of the apartment buildings. (IFC-2012
§ 503.3 & 503.4).
30.
The developer shall provide an easement between property lines to
prevent obstruction of the fire access road. (IFC-2012 § C104.1).
31.
The expectation is the project will meet the fire flow requirements as
set forth in Appendix B of the International Fire Code 2012. (IFC-2012: §
507.1)
32.
Fire hydrant(s) are required 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-2012: § 507.5.1)
33.
Fire hydrants shall be installed and operable prior to the arrival of
any combustible building materials onto the site. (IFC-2012: § 3312.1; NFPA
241-2010: § 8.7.2)
A copy of the amended 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 Ordinance 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