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Legislation #: 160816 Introduction Date: 10/20/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a development plan for a multi-unit residential building in District R-1.5 (Residential 1.5) on about 1.2 acres generally located on the block bounded by W. 45th Street on the north, Wornall Road on the east, W. 45th Terrace on the south and Broadway Street on the west (except the northwest and southeast corners of the block). (14669-P)

Legislation History
DateMinutesDescription
10/20/2016 Filed by the Clerk's office
10/20/2016 Referred to Planning, Zoning & Economic Development Committee
10/26/2016 Advance and Do Pass, Debate
10/27/2016 Passed

View Attachments
FileTypeSizeDescription
160816.pdf Authenticated 206K Authenticated
160816 Exhibit A.pdf Exhibit 1100K Exhibit A
160816 Fact Sheet.pdf Fact Sheet 355K Fact Sheet
160816 Staff Report.pdf Staff Report 160K Fact Sheet
160816 Development Plan.pdf Plan 7363K Development Plan

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ORDINANCE NO. 160816

 

Approving a development plan for a multi-unit residential building in District R-1.5 (Residential 1.5) on about 1.2 acres generally located on the block bounded by W. 45th Street on the north, Wornall Road on the east, W. 45th Terrace on the south and Broadway Street on the west (except the northwest and southeast corners of the block). (14669-P)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a development plan in District (Residential 1.5) on about 1.2 acres generally located on the block bounded by W. 45th Street on the north, Wornall Road on the east, W. 45th Terrace on the south and Broadway Street on the west (except the northwest and southeast corners of the block), and more specifically described as follows:

 

TRACT I: West 31 feet, Lot 7, all Lots 8 & 9, Wornall Park.

 

TRACT II: South 70 feet of west 15 feet of Lot 5, north 38.86 feet of west 5.58 feet, Lot 5, all of lot 6, east 4 feet of Lot 7, Wornall Park.

 

TRACT III: All of Lot 4, south 70 feet of east 20 feet of Lot 5, north 38.86 feet of east 29.42 feet, Lot 5, Wornall Park.

 

TRACT IV: Lot 17, Forest Grove.

 

TRACT V: Forest Grove, south 10 feet, Lot 20.

 

TRACT VI: Vacant lot, Forest Grove, north 36 feet of south 46 feet, Lot 20 lying west of west line Wornall Road.

 

TRACT VII: South 33 feet, Lot 19, except part in Wornall Road, north 4 feet, Lot 20 except part in Wornall Road, Forest Grove.

 

TRACT VIII: Vacant lot, Forest Grove, south 20 feet, Lot 18, north 17 feet of Lot 19 lying west of west line Wornall Road.

 

is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit to and secure approval from the City Forester of a street tree planting plan prior to building permit or recording of final plat, whichever occurs first, and shall plant and maintain the trees approved for that plan.

 


2.                  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, by making application under said code for a Minor Subdivision and submitting and recording a Lot Consolidation Plat or replatting the property in accordance therewith.

 

3.                  The developer shall submit a Storm Drainage analysis from a Missouri-licensed civil engineer to the Land Development Division evaluating proposed improvements and impact to drainage conditions. Since this project is within a "Combined Sewer Overflow" (CSO) district, the project shall be designed to retain rainfall of 1.5 inch depth over the entire site to simulate natural runoff conditions and reduce small storm discharge to the combined sewer system and manage the 10-year storm and 100-year storm per currently adopted APWA standards. The analysis shall be submitted, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to issuance of any certificate of occupancy.

 

4.                  The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure that local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

5.                  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.

 

6.                  The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, to identify sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. 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 Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.

 

7.                  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.

 

8.                  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.

 

9.                  Prior to certificate of occupancy, the developer shall be responsible for payment in lieu of parkland dedication using the formula established by Section 88-408-A-3 of the Zoning and Development Code and the 2016 acquisition rate.

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance and made a part hereof.

 

Section B. That the following deviations from the lot and building standards are hereby approved, pursuant to Section 88-517-09-C of the Code:

 

1.                  A deviation from 88-110-06-B relating to the minimum required front yard setback as measured from the south property line in the amount of 13.1 feet is hereby granted. This results in a minimum required setback of 6.9 feet from said property line.

 

2.                  A deviation from 88-110-06-B relating to the minimum required side yard setback as measured from the east property line in the amount of 1.5 feet is hereby granted. This results in a minimum required setback of 6.5 feet from said property line.

 

3.                  A deviation from 88-110-06-B relating to the minimum required street side yard setback as measured from the west property line abutting Broadway in the amount of 5 feet is hereby granted. This results in a minimum required setback of 10 feet from said property line.

 

4.                  A deviation from 88-110-06-B relating to the minimum rear yard setback as measured from the north property line nearest the proposed building in the amount of 15.2 feet is hereby granted. This results in a minimum required setback of 9.8 feet from said property line.

 

5.                  A deviation from 88-110-06-B relating to the maximum permitted building height in the amount of 7 feet, 4.5 inches is hereby granted. This results in a maximum permitted building height of 52 feet 4.5 inches.

 

6.                  A deviation from 88-305-02-B-1 allowing the proposed swimming pool to be located closer to the street as measured from 45th Street is hereby granted. This permits the pool to be located north of the proposed building as depicted on the development plan.

 


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 Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney