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Legislation #: 180198 Introduction Date: 3/22/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 1.53 acre generally located at the southwest corner of W. 44th Street and Belleview Avenue from District R-1.5 to District UR, and approving a development plan for a four (4) story mixed use building with a total of 138 dwelling units and a parking garage. (14919-UR)

Legislation History
DateMinutesDescription
3/21/2018 Filed by the Clerk's office
3/22/2018 Referred to Planning, Zoning & Economic Development Committee
3/28/2018 Hold On Agenda (4/11/2018)
4/11/2018 Advance and Do Pass as a Committee Substitute, Debate
4/12/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180198 Ordinance.pdf Other 110K Document
180198_fact Sheet.pdf Other 420K Map
180198 C014919UR_Approved Plans.pdf Other 54899K * Plans
180198 C014919P_STAFFRPT_03-06-2018.pdf Other 221K Staff Report
C014919UR_DocketMap.pdf Maps 1006K Map
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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180198

 

Rezoning an area of approximately 1.53 acre generally located at the southwest corner of W. 44th Street and Belleview Avenue from District R-1.5 to District UR, and approving a development plan for a four (4) story mixed use building with a total of 138 dwelling units and a parking garage. (14919-UR)

 

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 88-20A1144, rezoning an area of approximately 1.53 acres generally located at the southwest corner of W. 44th Street and Belleview Avenue from District R-1.5 (Residential Dash 1.5) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A1144. That an area legally described as:

 

The North 20 feet of Lot 31 and all of Lots 32 thru 50, Block 6, "Bunker Hill" recorded in Book 6, Page 22 in Kansas City, Jackson County, Missouri, described as follows: Beginning at the Northeast corner of Lot 50, Block 6, also being the intersection of the existing South Right-Of-Way of W. 44th St. and the existing West Right-Of-Way of Belleview Ave.; thence South 02 degrees, 27 minutes, 55 seconds West, along the East line of Lots 50 to 31 and the West Right-Of-Way, 504.00 feet to the Southeast corner of the North 20 feet of Lot 31; thence North 87 degrees, 11 minutes, 26 seconds West, along the South line of the North 20 feet of Lot 31, 132.37 feet to the Southwest corner of the North 20 feet of Lot 31 and the East line of the Alley running North/South between Block 6; thence North 02 degrees, 26 minutes, 40 seconds East, along the West line of Lots 31 thru 50 and the East line of the Alley, 504.00 feet to the Northwest corner of Lot 50 and a point on the South Right-Of-Way of W. 44th St.; thence South 87 degrees, 11 minutes, 28 seconds East, along the North line of Lot 50 and the South Right-Of-Way, 132.56 feet to the point of beginning containing 66,761.82 square feet or 1.53 acres, more or less.

 

is hereby rezoned from District R-1.5 (Residential Dash 1.5) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1144, 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.                  No building permits shall be issued until a UR Final Plan as required by 88-260-05 is approved. Failure to do so will delay issuance of the building permit.

 

2.                  All uses as allowed by District B-1 are permitted. All uses requiring a Special Use Permit in B-1 shall require the approval of a Special Use Permit.

 

3.                  The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

4.                  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 prior to issuance of any building permits, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to recording the plat.

 

5.                  The developer shall dedicate additional right of way for Belleview Avenue as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 40 feet of right of way as measured from the centerline, along those areas being platted, or seek approval recommendations from the Transportation and Development Committee for any variances requested to the Major Street Plan prior to City Plan Commission approval.

 

6.                  The developer shall subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

7.                  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.

 

8.                  The developer shall submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.

 

9.                  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 local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

10.              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.

 

11.              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, identifying sidewalks, curbs, and gutters in disrepair as defined by Public Works Department’s "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 11/5/2013" 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.

 

12.              The developer shall 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.

 

13.              The developer shall 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.

 

14.              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.

 

15.              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.

 

16.              The applicant/developer will bring the public alleyway into compliance with current standards as part of the proposed project. The public alleyway extends from 44th Street on the north to 45th Street on the south, mid-block between Belleview Avenue on the east and Jarboe Street on the west. 

 

17.              Fire Hydrant spacing shall be maximum 300 feet.

 

18.              Water service lines shall meet current standards.

 

19.              The developer shall submit a streetscape plan with street tree planting plan for approval and permitting by the Parks and Recreation Department prior to beginning work in the public right of way.

 

20.              The developer shall pay money in lieu of parkland for 2017 and be based on the following formula:

 

(138 multi-family units) X (2 persons per unit) X (0.006 acres per person) X $39,617.49 per acre (2018) = Fee

 

The developer shall pay money in lieu of dedication of parkland in the amount of $65,606.56 or dedicate 1.66 Acres of Private Open Space for Parkland Purpose. Fee is based on 2018 rate.

 

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:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney