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Legislation #: 180947 Introduction Date: 12/6/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
12/6/2018 Filed by the Clerk's office
12/6/2018 Referred to Planning, Zoning & Economic Development Committee
12/12/2018 Hold On Agenda (12/19/2018)
12/19/2018 Advance and Do Pass, Debate
12/20/2018 Passed

View Attachments
FileTypeSizeDescription
180947.pdf Authenticated 239K Authentication
C013311MPD9_FACTSHT.pdf Fact Sheet 301K Fact Sheet
CD-CPC-2018-00147_STAFFRPT_10_02_18.pdf Staff Report 233K Staff Report

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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