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Legislation #: 121054 Introduction Date: 12/13/2012
Type: Ordinance Effective Date: 2/10/2013
Sponsor: None
Title: Rezoning an area of approximately 1.1 acres generally located on the east side of Belleview Avenue about 200 feet north of W. 48th Street from District R-1.5 to District MPD, and approving a preliminary development plan. (14292-P)

Legislation History
DateMinutesDescription
12/13/2012 Filed by the Clerk's office
12/13/2012 Referred to Planning, Zoning & Economic Development Committee
12/14/2012 Public Hearing Advertised
1/9/2013 Hold On Agenda (1/30/2013)
1/30/2013 Advance and Do Pass, Debate
1/31/2013 Passed

View Attachments
FileTypeSizeDescription
121054.pdf Authenticated 3547K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=121054 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=121054
121046pzad.pdf Advertise Notice 30K pzad
C014292P_FACTSHT.xls Fact Sheet 87K Fact Sheet
C014292P_FINALFORCPC07_03_12.pdf Staff Report 1701K Staff Reprot

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ORDINANCE NO. 121054

 

Rezoning an area of approximately 1.1 acres generally located on the east side of Belleview Avenue about 200 feet north of W. 48th Street from District R-1.5 to District MPD, and approving a preliminary development plan. (14292-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 88-20A0919, rezoning an area of approximately 1.1 acres generally located on the east side of Belleview Avenue about 200 feet north of W. 48th Street from District R-1.5 (Residential 1.5) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A0919. That an area legally described as:

 

TRACT I: Lots 93, 94 and the South 10 feet of Lot 95, Penn Park, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

TRACT II: Lot 96 and the North 30 feet of Lot 95, Penn Park, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT III: Lot 97, Penn Park, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT IV: Lot 98, Penn Park, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT V: Lot 99, Penn Park, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT VI: Lot 100, Penn Park, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT VII: Lot 101, Penn Park, a subdivision in Kansas City, Jackson County, Missouri.

 

is hereby rezoned from District R-1.5 (Residential 1.5) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A0919, which is attached hereto and made a part hereof, and which is hereby adopted as 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 of 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, roof drainage and surface drainage contribution reductions to the combined sewer where applicable from collection and connection of runoff, and proposed installation of permanent BMP's that address water quality or reduce runoff contributions to the combined sewer all in accordance with the BMP Manual, strategic policies of the January 30, 2009, Overflow Control Plan, Sections 7.3.13 Best Management Practice and 14 Green Solutions respectively, 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 pay impact fees as required by Chapter 39 of the City's Code of Ordinances, as required by the Land Development Division.

 

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

 

5. 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, to identify sidewalks, curbs, and gutters in disrepair as defined by Public Works Department in "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 Belleview Avenue 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 to remove existing approaches no longer needed by this project. That the developer secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as shown on the revised plan, as required by the Land Development Division and prior to issuance of any building certificate of occupancy permits including temporary certificate occupancy permits.

 

6. That the 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.

 

7. That the 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.

 

8. 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.

 

9. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

10. That the developer extend/relocate water mains and grant exclusive easements and enter into any necessary indemnification agreements as required by the Water Services Department.

 

11. That the north-south alley must be vacated and accrue to the developer as shown on the development plan prior to issuance of any building permits.

 

12. That the developer submit an MPD final plan to the Development Review Committee for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

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