COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 120118
Rezoning an area of approximately
2.2 acres located at the southwest corner of E. 32nd Street and Brighton Avenue
from Districts R-1.5 and R-2.5 to District UR, and approving a preliminary
development plan for multifamily residential uses.
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 88-20A901, rezoning an area of approximately 2.2
acres located at the southwest corner of E. 32nd Street and Brighton Avenue
from Districts R-1.5 (Residential 1.5) and R-2.5 (Residential 2.5) to District
UR (Urban Redevelopment), said section to read as follows:
Section 88-20A901. That an area legally described as:
Lots 70-79, inclusive,
and Lots 106-115, inclusive, Oakwood, a subdivision in Kansas City, Jackson
County, Missouri and all the vacated alley adjoining Lots 70-79 and all of
vacated Poplar Avenue adjoining Lots 106-115, subject to additional right of way
taken for Linwood Boulevard.
is hereby rezoned from Districts
R-1.5 (Residential 1.5) and R-2.5 (Residential 2.5) to District UR (Urban Redevelopment),
all as shown outlined on a map marked Section 88-11A0901, 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
preliminary development plan for this property is hereby approved, subject to
the following conditions:
1. That five collated, stapled and folded copies and pdf files
on CD of revised drawings, revised as noted, be submitted to Development
Management staff (15th Floor, City Hall), with one additional copy submitted
separately to the Land Development Division (5th Floor, City Hall), prior to
the submittal of a final UR plan application showing:
a. Dedication of additional right of way for Brighton Avenue to
provide 25 feet west of centerline.
b. Relocation of the new sidewalk along Brighton Avenue behind a
median greenspace per staff approval.
c. All information required of a UR plan, including but not
limited to building coverage, floor area ratio, unit count, required/provided
parking, etc.
d. Parking
dimensions and screening per Chapter 52.
e. Bicycle
parking per Section 88-420-09.
f. Street trees, parking landscaping (buffer and internal) per
staff approval.
g. Location of the proposed freestanding sign, with a minimum
setback of 10 feet from any right of way.
h. More clear depiction of the existing public and/or private
sanitary and storm sewer(s), and show corresponding easement(s) within the
proposed project or immediately adjacent thereto as necessary to address
adequacy of existing utilities serving the site along with any proposed extension,
relocations or abandonments or impacts to such systems.
i. More clear depiction and labeling of existing public and/or
private sanitary and storm sewer(s), extension(s) and relocation(s) within the
proposed project or immediately adjacent thereto as necessary to address
adequacy of existing utilities serving the site.
j. All required off-site public improvements and required
easements, with labels.
k. Depiction and labeling of proposed sidewalk ADA ramps on all
the new or reconstructed drive entrances where curbs are continuous into the
site. If D-2 Drive approach type entrance are being proposed for the
modified entrances, then show correct depiction accordingly along with
reference to standard.
l. More clear depiction of the concept for storm water
management mitigation for the plan proposed site improvements including
proposed detention, BMP's, volume controls, pervious pavement, or treatment
areas, etc., as appropriate to conceptualize ultimate stormwater management
compliance with City standards. Show any off-site conveyance systems
(enclosed, gutters, natural, or proposed: whatever is proposed to be utilized)
for purposes of conveying conceptually how systems will be connected to or will
convey of the 100-year post development flows from the site. Identify the
private and public portions of the stormwater management system and conveyance
system. Show conceptually required private permanent BMP's or surface
drainage easements that are needed to address redevelopment disturbances and
storm water mitigation/conveyance and their corresponding easements/covenant
boundaries. BMP's and surface drainage easements require stand alone
maintenance obligation conveyance documents (Easement or Covenant), but are not
required for site maintenance activities or voluntary BMP enhancements that are
not regulatory obligations.
2. That the owner/developer cause the area to be platted
and processed in accordance with Chapter 88, Code of Ordinances of the City of
Kansas City, Missouri, commonly known as the Development Regulations as
required by the Land Development Division.
3. That the owner/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 from collection and connection of runoff, and proposed
installation of permanent BMP's that reduce runoff contributions to the
combined sewer all in accordance with 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.
4. That the owner/developer must dedicate additional right
of way for Brighton Avenue so as to provide a minimum 25 feet of right of way
as measured from the centerline of Brighton Avenue, along the project frontage.
5. That the owner/developer must obtain the executed and
recorded grading, temporary construction, drainage/sewer, or any other
necessary easements from the abutting property owner(s) 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.
6. That the owner/developer 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 that the owner/developer be responsible for all costs associated with
subordination activities now and in the future.
7. That 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. That the owner/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'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.
9. 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.
10. 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.
11. That the owner/developer verify adequate capacity of the
existing sewer system as required by the Land Development Division prior to
issuance of a building permit to connect or modify any private sewer system to
discharge greater flow contributions to the public sewer main and depending on
adequacy of the receiving system, make other improvements that may be required.
12. That the owner/developer secure permits to relocate and
properly abandon existing sewer systems impacted by the proposed building and
retaining wall locations so as to minimize impacts to the City's ability to
maintain the existing public sewers serving the property as required by the
Land Development Division, prior to recording the plat, modifying the sewers,
or issuance of a building permit whichever occurs first
13. That the owner/developer grant on City approved
forms, BMP Easement(s) or Covenant for maintenance of private stormwater
quantity and quality mitigation to the City, as required by the Land
Development Division, prior to issuance of any building permits or BMP permits,
whichever occurs first.
14. That there shall be no building or retaining wall
encroachment upon existing easements without permission from the Water Services
Department.
15. That the owner/developer contribute $9,754.06 in lieu of
parkland dedication for 48 multifamily units (48 units X 2.0 X .006 X
$16,934.14 = 9,754.06) in satisfaction of Section 88-405-17-C of the
Development Code. If the property is not required to be platted, the
payment must be made prior to issuance of any certificate of occupancy.
16. That the owner/developer provide for fire protection as
required by the Fire Department prior to construction beyond foundations.
17. That the owner/developer receive the approval of the
Department of Parks and Recreation for any work within the Linwood Boulevard
right of way.
18. That the owner/developer submit a final UR plan to the
Director of City Development 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.
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