COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160797

Rezoning and approving a development plan on approximately 1.3 acre generally located at the northeast corner of W. 46th Street and Summit Street from District R-1.5 to District R-0.5. (14728-P)

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 88-20A1075, rezoning an area of approximately 1.3 acres generally located at the northeast corner of W. 46th Street and Summit Street from District R-1.5 (Residential, 1500 sq. ft. per unit) to District R-0.5 (Residential, 500 sq. ft. per unit), said section to read as follows:

Section 88-20A1075. That an area legally described as:

TRACT 1: the north 4-1/4 feet of Lot 37, all of Lot 38, and the south 7-3/4 feet of Lot 39, Bunker Hill No. 2, except that part in Summit Street, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

TRACT 2: The north 14 1/4 feet of Lot 36 and the south 20 3/4 feet of Lot 37, except that part of said premises in Summit Street, Bunker Hill No. 2, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

TRACT 3: Lot 35 and the south 10-3/4 feet of Lot 36, Bunker Hill No. 2, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

TRACT 4: All of the west 120 feet of Lot 10, Home Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

TRACT 5: Lot 11, Home Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Gross area = +/-1.2676 acres / +/-55,217 sq. ft.

is hereby rezoned from District R-1.5 (Residential, 1500 sq. ft. per unit) to District R-0.5 (Residential, 500 sq. ft. per unit), all as shown outlined on a map marked Section 88-20A1075, 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, within 12 months of City Council passage of an ordinance revising Chapter 88 Zoning & Development Code and providing a new zoning classification under which the density of this development could be accommodated, shall submit an application to rezone the property from District R-0.5 (Residential, 500 sq. ft. per unit) to the new zoning classification (R-0.75, or as approved by the Council).

2)                  The plan shall be revised to show a concept for stormwater management.

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 building permits.

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 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.

8)                  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.

9)                  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.

10)              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.

11)              The proposed building shall have a Fire Department access road within 150 feet of any exterior portion of the structure. (IFC-2012: § 503.1.1).

12)              Required Fire Department access roads shall be a minimum unobstructed width of twenty (20) feet and 13 ft. 6 in. clearance height.  Check with Streets & Traffic (KCMO Public Works) or Missouri Department of Transportation (MODOT) that may have street planning regulations that supersede the Fire Code.  (IFC-2012: § 503.2.1).

13)              Fire Department access roads shall be provided prior to construction/demolition projects begin. (IFC-2012: § 3310.1; NFPA 241-2009: § 7.5.5).

14)              Project shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2012. (IFC-2012: § 507.1).

15)              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 if the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC-2012: § 507.5.1).

16)              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)

17)              Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC2012: § 507.5.1.1).

18)              The developer shall dedicate private open space for parkland purposes or pay money if lieu of parkland pursuant to Section 88.408 of the Zoning and Development Code. The fees shall be paid before recording the plat. Money in lieu of parkland for 2016 shall be based on the following formula:

(67 multi-Family Units) X (2.0 persons per unit) X (0.006 acres per person) X ($30,360.20 per acre) = $24,591.77 or .81 acre

19)              If modifying the street tree plan, the developer must submit a street tree planting plan to the City Forester for review and approval, using approved species of tree.

Link: http://kcparks.org/services/natural-resources-management

21)              The proposed project location is in proximity to the Charles B. Wheeler Downtown Airport Part 77 Approach Surface with an approximate elevation of 1500 feet. The proposed development is located in an area where the Charles B. Wheeler Downtown Airport height zoning restrictions apply. No structure should be constructed in this area which exceeds these restrictions.

22)              The developer shall review and comply with the City’s Airport Height Zoning Ordinance No. 040342 and associated maps.

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 the Zoning Ordinance have been given and had.

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney