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Legislation #: 120465 Introduction Date: 5/17/2012
Type: Ordinance Effective Date: 6/24/2012
Sponsor: None
Title: Rezoning an area of approximately 2.1 acres located on the north side of 51st Street between Baltimore Avenue and Main Street, from Districts B3-2 Community Business (dash 2) and R-1.5 (Residential 1.5) to District MPD (Master Planned Development), and approving a Preliminary Development Plan which also serves as the Preliminary Plat, for 204 residential units and 10,000 square feet of commercial. (6598-MPD-2)

Legislation History
DateMinutesDescription
5/16/2012 Filed by the Clerk's office
5/17/2012 Referred to Planning, Zoning & Economic Development Committee
6/13/2012 Advance and Do Pass, Debate
6/14/2012 Passed

View Attachments
FileTypeSizeDescription
Maps 0K Plan map is on file in the City Clerk's Office
120465.pdf Advertise Notice 418K mailing info
120465.pdf Advertise Notice 45K Affidavit of Publication
120465.pdf Authenticated 3873K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120465 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120465
120465 Fact Sheet.doc Fact Sheet 90K Fact Sheet
C006598MPD2_STAFFRPT_04_17_12.doc Staff Report 125K staff report

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ORDINANCE NO. 120465

 

 

Rezoning an area of approximately 2.1 acres located on the north side of 51st Street between Baltimore Avenue and Main Street, from Districts B3-2 Community Business (dash 2) and R-1.5 (Residential 1.5) to District MPD (Master Planned Development), and approving a Preliminary Development Plan which also serves as the Preliminary Plat, for 204 residential units and 10,000 square feet of commercial. (6598-MPD-2)

 

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 88-20A0911, rezoning an area of approximately 2.1 acres generally located on the north side of 51st Street between Baltimore Avenue and Main Street, from Districts B3-2 (Community Business - dash 2) and R-1.5 (Residential 1.5) to District MPD (Master Planned Development), said section to read as follows:

Section 88-20A0911. That an area legally described as:

TRACT 1: The south 8 1/3 feet of Lot 12 and all of Lots 13, 14, 15, 16 and 17, and the east 1/2 of vacated alley west of and adjoining said lots, and all of Lots 34, 35, 36, 37, 38 and Lot 39, except the north 16 2/3 feet of said Lot 39, and the west 1/2 vacated alley east of and adjoining said lots, and excepting therefrom all that part of the east end of said lots taken for Main Street, Block 1, Marlborough, a subdivision in Kansas City, Jackson County, Missouri. Also being known as Tract B on Certificate of Survey recorded June 15, 2006, as Document No. 2006E0043132, in Book 11 at page 33.

 

TRACT 2: Lots 18, 19, 20 and 21, and the east 1/2 of the vacated alley lying west of and adjoining said lots, and excepting therefrom all that part of the east end of said lots taken for Main Street, Block 1, Marlborough, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT 3: All of Lots 22, 23, 24 and 25, and all of the vacated alley lying west and adjacent thereto, and excepting therefrom all that part of the east end of said lots taken for Main Street, all in Block 1, Marlborough, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT 4: Lots 26 through 33, and the west half (1/2) of the vacated alley east of and adjacent to Lots 30 through 33, Block 1, Marlborough, a subdivision in the City of Kansas City, Jackson County, Missouri.

 

Beginning at the southwest corner of said Block 1, Marlborough; thence North 02 degrees 34 minutes 33 seconds East, along the west line of said Block 1, a distance of 336.84 feet (337 feet deed); thence South 87 degrees 04 minutes 42 seconds East, a distance of 263.45 feet to a point on the west right-of-way line of said Main Street; thence South 02 degrees 30 minutes 37 seconds West, along the west right-of-way line of said Main Street, a distance of 336.96 feet (337.47 feet deed) to a point on the south line of said Block 1; thence North 87 degrees 03 minutes 08 seconds West, along the south line of aid Block 1, a distance of 263.83 feet (263.90 feet deed) to the point of beginning, Containing 2.0390 acres, more or less,

is hereby rezoned from Districts B3-2 (Community Business - dash 2) and R-1.5 (Residential 1.5) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A0911, 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 cause the area to be platted and processed in accordance with the Development Regulations in Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended.

 

2. That the developer submit a macro and detailed micro storm drainage study, including a BMP level of service analysis, stormwater management mitigation, and proposed installation of permanent BMP's all in accordance with strategic policies of the January 30, 2009, Overflow Control Plan, Section 7, Watershed Master Plan, APWA 5600, and BMP Manual, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat or prior to issuance of a Building Permit, whichever occurs first.

 

3. That the developer 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.

 

4. After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

 

5. That the developer reconstruct sidewalks, curbs and drive entrances (and associated streetscape) along the project frontage per the approved plan and where modifying the sidewalk at the drive modifications as required by Land Development Division and meeting ADA requirements, prior to working in the right-of-way and prior to issuance of any site or building permits.

 

6. That the developer integrate into the existing streetlight system any relocated or 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.

 

7. That the owner/developer submit plans for grading, siltation, and erosion control to Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more, prior to beginning any construction activities.

 

8. That the owner/developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

9. That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division for the amended use of the property and address any inadequacies therein prior to issuance of connection authorization and/or issuance of any temporary certificate of occupancy (TCO).

 

10. That the developer 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.

 

11. That the developer grant, on City approved forms, BMP Easements to the City, as required by Chapter 88 and Land Development Division, prior to issuance of any building permits or bmp permits, whichever occurs first.

 

12. That the developer 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.

13. That the developer modify the traffic signals at 51st Street and Main Street so as to meet current ADA and Accessible Pedestrian Signal standards. 

14. That the developer dedicate approximately 4 feet of additional right-of-way on the west side of Main Street so as to provide a minimum of 41 feet of right-of-way as measured from the street centerline to allow for a possible future streetscaped cross-section.

 

15. That the developer dedicate additional right-of-way at the northwest corner of the intersection of Main Street and 51st Street so as to provide a 15 feet corner radius for the property line to allow for possible future streetscaping and truck turning at the intersection.   

16. That, in the event that proposed streetscaping is approved by Land Development Division and Public Works Department, the developer construct said approved streetscaping.

17. That prior approval is obtained from the Transportation and Development Committee for any proposed exceptions to City standards.

18. That the developer provide for fire protection as required by the Fire Department.

19. That the developer extend water mains as required by the Water Services Department.

20. That the developer relocate the existing 66-inch combination RCP sewer main from under the proposed building site per Water Services Department specifications; or reinforce the existing 66-inch RCP sewer main with a CIPP liner per Water Services Department specifications.

21. That the developer provide sewer easement and enter into an Indemnification Agreement that is acceptable to the Water Services Department.

22. 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 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.

23. That the developer contribute $41,454.77 or a rate of $203.21 per unit, in lieu of parkland dedication for 204 multifamily units in satisfaction of Section 88-405-17 of the Zoning and Development Code, calculated as follows:

 

·                     204 MF units x 2 persons/unit x 0.006 acres/person = 2.45 acres

·                     2.45 acres x $16,934.14/acre = $41.454.77 or $203.21 per unit.

 

24. That the developer submit a final development plan with the City Development Department after approval of and before the lapse of a preliminary development plan. The site plan shall include information regarding: property uses, setback distances, lighting (photometrics plan showing zero footcandles at the property line), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of buildings and signage.

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 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