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Legislation #: 200457 Introduction Date: 6/18/2020
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of about 5 acres generally located at the northeast corner of N.E. 43rd Street and N. Antioch, south of I-35, from District B2-2 to District UR, to allow for a 66 unit multi-family residential development. (CD-CPC-2019-00240)

Legislation History
DateMinutesDescription
6/17/2020 Filed by the Clerk's office
6/18/2020 Referred to Neighborhood Planning and Development Committee
6/24/2020 Hold On Agenda (7/8/2020)
7/8/2020 Hold On Agenda (7/15/2020)
7/15/2020 Advance and Do Pass, Debate
7/16/2020 Passed

View Attachments
FileTypeSizeDescription
200457.pdf Authenticated 193K Authenticated Ordinance
200457 200502.pptx Other 13070K PowerPoint
Exhibit A_ Section Map.pdf Exhibit 1339K Exhibit A
CD-CPC-2019-00240_FACTSHT.pdf Fact Sheet 82K Fact Sheet
08_CP-CPC-2019-00240_STAFFRPT_04_21_20.pdf Staff Report 4176K Staff Report
08_CP-CPC-2019-00240_STAFFRPT_04_21_20.pdf Staff Report 4176K Staff Report

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ORDINANCE NO. 200457

 

Rezoning an area of about 5 acres generally located at the northeast corner of N.E. 43rd Street and N. Antioch, south of I-35, from District B2-2 to District UR, to allow for a 66 unit multi-family residential development. (CD-CPC-2019-00240)

 

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 88-20A1234, rezoning an area of approximately 5 acres generally located at the northeast corner of N.E. 43rd Street and N. Antioch, south of I-35, from District B2-2 (Neighborhood Business 2) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A1234. That an area legally described as:

 

Prt Lots 4 & 5 beg 70 ft s of n li Lot 4 & 140 ft e of orig c/l Antioch Rd th s 15 deg 03 min 30 sec e 100 ft th n 74 deg 56 min 30 sec e at r/a to last desc course 6 ft th s 15 deg 03 min 30 sec e 177.6 ft th s 74 deg 56 min 30 sec w 24.83 ft th s 0 deg 34 min 30 sec e 30 ft to s li Lot 5 th e 609.7 ft alg sd s li to se cor Lot 5 th n 373.5 ft to ne cor Lot 4 th wly & swly alg s li n Midtown Freeway to beg exc prt in st in se cor.

 

is hereby rezoned from District B2-2 (Neighborhood Business 2) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1234, 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 the area legally described above is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit a final UR Plan to the City Plan Commission indicating detailed architectural plans with materials (color and renderings), 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.

 

2.                  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.

 


3.                  The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage, and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach.

 

4.                  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) with the public improvement applications submitted for permitting.

 

5.                  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.

 

6.                  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.

 

7.                  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.

 

8.                  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.

 

9.                  The developer shall 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.

 

10.              The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division in accordance with adopted standards, including a BMP level of service analysis, prior to


approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

11.              That the north half of N.E. 43rd Street 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. The developer shall obtain the required permits from the Land Development Division for said improvements prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

12.              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.

 

13.              The 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.

 

14.              Prior to issuance of any construction permits, the developer shall submit for review and acceptance a macro storm drainage study sealed by a Missouri-licensed civil engineer, for the entire development area, showing compliance with the latest adopted version of APWA 5600 standards in effect at the time of submission, including water quality BMPs per the latest adopted version of the MARC BMP Manual, and submit a micro storm drainage study with each subsequent phase of development showing compliance with the approved macro and adopted standards. The developer shall construct improvements necessary to mitigate impacts from rate, volume (10% and 1% storms at a minimum), and quality of stormwater runoff, from each proposed phase.

 

15.              Stormwater management facilities, such as detention basins, BMPs, and engineered surface water conveyance paths outside of right-of-way which serve multiple lots or tracts, shall be privately maintained, located on separate tract(s), and covered by maintenance covenant(s) to be administered through the platting process.

 

16.              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

 

17.              The developer shall pay money in lieu of dedication of parkland or dedicate acreage of private open space for parkland purpose as identified in 88-408. The parkland is required prior to recording the final plat or obtaining certificate of occupancy, whichever occurs first.

 

18.              The project must comply with the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)

 

19.              The proposed building does have a Fire Department access road within 150 feet of any exterior portion of all structure by an approved pathway. (IFC-2018 § 507.5.1)

 

20.              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) if the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC- 2018: § 507.5.1)

 

21.              All construction shall be in compliance with the applicable building codes which are in effect at the time of construction and shall be built under valid building permits issued by the City Planning and Development Department. (IFC-2018 § 102.4)

 

22.              Dead end Fire Department access road(s) in excess of 150 feet shall provide 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-2018: § 503.2.5)

 

23.              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.

 

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 law 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