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Legislation #: 150834 Introduction Date: 10/1/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 4.6 acre tract of land generally located south of E. 38th Street, west of Gillham Road, north of E. 39th Street and east of Warwick Boulevard from Districts R 1.5, R-5, B 1-1, and B 3-2 to District MPD, and approving a development plan for various commercial and residential uses. (14560-MPD)

Legislation History
DateMinutesDescription
10/1/2015 Filed by the Clerk's office
10/1/2015 Referred to Planning, Zoning & Economic Development Committee
10/7/2015 Advance and Do Pass, Debate
10/8/2015 Passed

View Attachments
FileTypeSizeDescription
150834.pdf Authenticated 275K Authenticated
150834 Staff Report.pdf Staff Report 557K Staff Report
150834 Fact Sheet.pdf Fact Sheet 431K Fact Sheet
L401 - Planting Plan - North.pdf Plan 1886K plan
L400 - Planting Plan - South.pdf Plan 2515K plan
L062 - Materials and Layout Enlargement Plan - South.pdf Plan 891K plan
L061 - Materials and Layout Enlargement Plan - North.pdf Plan 1566K plan
G002 - Site Zoning Plan.pdf Plan 1390K plan
150917-wms mpd submittal.pdf Plan 7929K plan

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ORDINANCE NO. 150834

 

Rezoning a 4.6 acre tract of land generally located south of E. 38th Street, west of Gillham Road, north of E. 39th Street and east of Warwick Boulevard from Districts R 1.5, R-5, B 1-1, and B 3-2 to District MPD, and approving a development plan for various commercial and residential uses. (14560-MPD)

 

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 88-20A1021, rezoning an approximately 4.6 acre tract of land generally located south of E. 38th Street, west of Gillham Road, north of E. 39th Street and east of Warwick Boulevard from Districts R 1.5 (Residential 1.5), R-5 (Residential 5), B 1-1 (Neighborhood business 1 (dash 1)), and B 3-2 (Community business (dash2)) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A1021. That an area legally described as:

 

All of Lot 1, Westport Plat, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

is hereby rezoned from Districts R 1.5 (Residential 1.5), R-5 (Residential 5), B 1-1 (Neighborhood business 1 (dash 1)), and B 3-2 (Community business (dash2)) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1021, 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. That the developer 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 to the Land Development Division and approved prior to issuance of building permits.

2. That the developer 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, identifying sidewalks, curbs, and gutters along E. 38th Street and E. 39th Street 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 occupancy permits.

 

3. That the owner/developer 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.

 

4. That the developer 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 may be required.

 

5. That the developer construct a raised median and associated geometric modifications along Warwick Boulevard to prevent left-turns at the intersection of Warwick Boulevard and the Upper Garage Deck, or other traffic means as agreed upon by both the Public Works and Parks and Recreation Department staffs.

 

6. That the developer provide fire protection as required by the Fire Marshal’s Office, including the provision for siren activated gates.

 

7. That the developer contribute parkland dedication money at a rate of $16,907.93 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code prior to the issuance of a building permit and as anticipated to be as follows:

*100 MF units x 2 persons/unit x 0.006 acres/person = 1.2 acres

* 1.2 acres x $16,907.93 = $20,289.52 or $202.89/unit.

8. That the developer submit a final MPD Development Plan for each project or phase of the development to the City Plan Commission prior to issuance of a building permit. The final MPD Development Plan shall meet the development standards of Chapter 88, 400 series, including plan information, property uses, setback distances, lighting (with a photometric study), landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery, (ii) buildings and dumpster elevation drawings, (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section, streetscaping, signage (including elevations), and architectural characteristics.

 

9. That within 30 days of approval of a preliminary development plan by the City Council, the landowner must file with the appropriate recorder of deeds office a statement that such a plan (1) has been filed with the City Plan Commission; (2) has been approved; (3) that the MPD preliminary development plan is applicable to certain specified legally-described land; and (4) that copies of the plan are on file in the City Planning and Development Department. The statement recorded with the recorder of deeds must also specify the nature of the plan, the proposed density or intensity of land use and other pertinent information sufficient to notify any prospective purchasers or users of the land of the existence of such a plan and further include all information as required by Section 88-520-03-H.

 

A copy of the 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 and Development Code 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