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.
_____________________________________________
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:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney