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Legislation #: 120118 Introduction Date: 2/2/2012
Type: Ordinance Effective Date: 3/11/2012
Sponsor: COUNCILMEMBER REED
Title: 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.

Legislation History
DateMinutesDescription
2/2/2012 Filed by the Clerk's office
2/2/2012 Referred to Planning, Zoning & Economic Development Committee
2/29/2012 Advance and Do Pass as a Committee Substitute, Debate
3/1/2012 Passed as Substituted

View Attachments
FileTypeSizeDescription
Maps 0K Plan map is on file in the City Clerk's Office
120118.tiff Authenticated 229K AUTHENTICATED
120118 Fact Sheet.xls Fact Sheet 112K Fact Sheet
C014268UR_STAFFRPT02_21_12.doc Staff Report 527K STAFF REPORT
120118.pdf Other 220K Mailing info
120118.pdf Advertise Notice 39K Affidavit of Publication

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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