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