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
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
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
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
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
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
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
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:
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
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.
Approved as to
form and legality: