COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160097
Rezoning a 2.08 acre tract of
land generally located north of W. 36th Street between Summit Street/Southwest
Trafficway and Jefferson Street from Districts R-5 and R-1.5 to District UR,
and approving a preliminary development plan for a multi-unit residential
development. (7942-UR-1)
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 88-20A1039, rezoning an area of approximately
2.08 acres generally located north of W. 36th Street between Summit
Street/Southwest Trafficway and Jefferson Street from Districts R-5
(Residential 5) and R-1.5 (Residential 1.5) to District UR (Urban
Redevelopment), said section to read as follows:
Section 88-20A1039. That an area legally described as:
A tract of land in
the Southeast Quarter of Section 18 and the Northeast Quarter of Section 19,
Township 49, Range 33 in Kansas City, Jackson County, Missouri, more
particularly described as follows:
Commencing at the
Southeast corner of Section 18; thence North 87 degrees, 08 minutes, 20
seconds West, along the South line of the Southeast Quarter, 1277.34 feet;
thence North 2 degrees, 51 minutes, 40 seconds East, 66.00 feet to the
intersection of the East Right-of-Way of Summit Street established by Ordinance
No. 14620 and the South line of a line 66 feet North of and parallel with the
South line of Section 18 and the point of beginning; thence South 87 degrees,
08 minutes, 20 seconds East, parallel with the South line, 261.06 feet to the
West Right-of-Way of Jefferson Street established by Ordinance No. 14881;
thence South 2 degrees, 31 minutes, 25 seconds West, along the West
Right-of-Way, 66.00 feet to the South line of Section 18, also being the North
line of Section 19; thence South 2 degrees, 42 minutes, 46 seconds West,
continuing along the West Right-of-Way, 277.00 feet to the North line of Joe
Cigas Drive (formerly 36th Street) as established by Ordinance No.
31609; thence North 87 degrees, 08 minutes, 20 seconds West, parallel with the
North line of Section 19, 265.53 feet to the East Right-of-Way of Summit Street
established by Ordinance No. 14620; thence North 2 degrees, 31 minutes, 26
seconds East, along the East Right-of-Way, 71.02 feet to a point of curvature;
thence on a curve to the right, continuing on the East Right-of-Way, having a
radius of 6064.00 feet and an arc length of 206.00 feet to the North line of
Section 19, also being the South line of Section 18; thence, continuing along
the East Right-of-Way, on a curve to the right, tangent to last course, having
a radius of 6064.00 feet, and an arc length of 66.02 feet to the point of
beginning, containing 90,725.74 square feet, or 2.08 acres, more or less.
is hereby rezoned from Districts
R-5 (Residential 5) and R-1.5 (Residential 1.5) to District UR (Urban
Redevelopment), all as shown outlined on a map marked Section 88-20A1039, which
is attached hereto and made a part hereof, and which is hereby adopted as 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 is responsible for
payment of money in lieu of parkland dedication in the amount of $12,375.95
prior to issuance of a building permit. This amount
is based upon the following formula: (number of residential units (61) X 2
persons per unit X 0.006 acres = required dedication in acres (0.732) X
$16,907.03 per acre = $12,375.95). This amount is subject to change based upon
the actual number of residential units constructed and the actual land area
dedicated to private open space.
2.
That the developer submit to the Development
Management staff, for review and approval prior to the issuance of any building
permit, a final plan in substantial compliance with the preliminary plan and
including the following: a fully-labeled and dimensioned site plan, a
fully-labeled and dimensioned landscape plan showing landscaping (including
species, common name and size at time of planting), overhead and underground
utilities, lighting plan with photometric study, and building elevations with
all materials labeled.
3.
That the developer 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, and the
developer shall secure permits to construct any improvements required by the
Land Development Division prior to issuance of any building permits.
4.
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, identifying 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.
5.
That the owner/developer 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.
6.
That the developer 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.
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:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney