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Legislation #: 110819 Introduction Date: 10/20/2011
Type: Ordinance Effective Date: 12/25/2011
Sponsor: COUNCILMEMBER FORD
Title: Rezoning an area of approximately 2.6 acres generally located on the north side of W. 46th Street between Pennsylvania Avenue and Washington Street from District R-1.5 to District MPD and approving a development plan to allow for approximately 177 multifamily units and parking garage. (8781-MPD-2)

Legislation History
DateMinutesDescription
10/19/2011 Filed by the Clerk's office
10/20/2011 Referred to Planning, Zoning & Economic Development Committee
11/16/2011 Hold On Agenda (11/30/2011)
11/30/2011 Hold On Agenda (12/7/2011)
12/7/2011 Do Pass as a Committee Substitute
12/8/2011 Assigned Third Read Calendar as Substituted
12/15/2011 Passed as Substituted

View Attachments
FileTypeSizeDescription
110819.pdf Other 127K mailing info
110818, 819.pdf Advertise Notice 44K Affidavit of Publication
110819.pdf Authenticated 285K AUTHENTICATED
Other 0K TAKEN TO CPC FOR SIGNATURE
C008781MPD2_FACTSHT.xls Fact Sheet 99K Fact Sheet
C008781MPD2_STAFFRPT_11_1_11.doc Staff Report 534K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 110819

Rezoning an area of approximately 2.6 acres generally located on the north side of W. 46th Street between Pennsylvania Avenue and Washington Street from District R-1.5 to District MPD and approving a development plan to allow for approximately 177 multifamily units and parking garage. (8781-MPD-2)

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 88-20A0896, rezoning an area of approximately 2.6 acres generally located on the north side of W. 46th Street between Pennsylvania Avenue and Washington Street from District R-1.5 (Residential 1.5) to District MPD (Master Planned Development), said section to read as follows:

Section 88-20A0896. That an area legally described as:

All of Lots 30 through 47 inclusive, Block 2, Edwin and Lockwood’s 1st Addition, together with the vacated alleys contained within, and all that part of Lots 3, 4, and 5, Home Place, subdivisions lying in the Northeast Quarter of Section 30, Township 49 North, Range 33 West, in Kansas City, Jackson County, Missouri, described as follows:

 

Beginning at the Northwest corner of Lot 47, Block 2, Edwin & Lockwood’s 1st Addition; thence South 87 degrees 19 minutes 40 seconds East along the North line of said Lot 47 a distance 122.00 feet to a point; thence South 87 degrees 16 minutes 51 seconds East along the North line of Lots 47 and 30 of said Block 2 a distance of 121.68 feet to the Northeast corner of said Lot 30, said point also lying on the West right of way line of Washington Street; thence South 2 degrees 24 minutes 23 seconds West along the West right of way line of Washington Street a distance of 451.92 feet to a point on the North right of way line of 46th Street; thence North 87 degrees 30 minutes 19 seconds West along the North right of way line of 46th Street a distance of 253.87 feet to a point on the East right of way line of Pennsylvania Avenue; thence North 2 degrees 27 minutes 46 seconds East along the East right of way line of Pennsylvania Avenue, a distance of 224.73 feet to a point; thence South 87 degrees 29 minutes 20 seconds East along the Easterly right of way line of Pennsylvania Avenue, a distance of 10.00 feet to a point; thence North 2 degrees 24 minutes 04 seconds East along the East right of way line of Pennsylvania Avenue, a distance of 228.05 feet to the point of beginning and containing 112,496 Square Feet or 2.583 acres, more or less.

 

is hereby rezoned from Districts R-1.5 (Residential 1.5) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A0896, 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 88-11 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 submit five collated, stapled and folded copies of a revised drawing to the City Clerk prior to submittal of a final MPD site plan showing:

 

a.                   Depiction and labeling of all sidewalks, curbs, and gutters as they exist adjacent to project frontage, and correctly within the right-of ways.  Show and label proposed sidewalks, curbs, and gutters to be removed and replaced due to substandard condition or modification, and all new sidewalks coming from the private property/structure that will connect to the sidewalk in the public right-of-way. 

 

b.                  ADA Ramps on the new drive accesses at the northeast corner of Pennsylvania Avenue and 46th Street. 

 

c.                   All required off-site easements for utilities, grading, and/or street improvements that are to be obtained by the Developer if needed or label "No Off-site Easement Needed."

 

d.                  Depiction of the  concept for storm water management for the development plan including existing and proposed detention, BMP's, volume controls, or treatment areas, etc., as appropriate to conceptualize ultimate stormwater management plan for the project.  Include approximate size, required grading, etc., to demonstrate that the project can be feasibly designed in accordance with the adopted APWA/City stormwater standards and supplements.  Off-site systems (natural, proposed, or existing) should be shown adjacent to the development for purposes of conveying conceptually how systems will be connected to or convey 100-year flows and conveyance paths.  Identify the private and public portions of the storm water management system and conveyance system.

 

e.                   Depiction and/or labeling of the existing easements to be vacated or released by this plat.

 

f.                   Any private BMP's used as storm water management features and their corresponding easements labels or covenant boundaries.  BMP's and surface drainage easements require stand alone maintenance obligation conveyance documents (Easement or Covenant).

 

g. Removal of the sixth story projections at the south end of the building.

 

2.        That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Development Regulations, by making application under said code for a Minor Subdivision and submitting and recording a Lot Consolidation Plat or replatting the property in accordance therewith.

 

3.        That the developer submit a macro/micro storm drainage study, including a BMP level of service analysis, to the Land Development Division for review and acceptance for the entire development when the first plat infrastructure improvements are submitted, 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 developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

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, identifying the sidewalks, curbs, and gutters, and any drive entrance areas that are out of repair.  The letter must identify the areas that are out of repair as defined by Public Works Department "Out of Repair Criteria for Sidewalk, Driveway and Curb” Standards and in accordance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters.  It shall identify the quantity and location of sidewalks, curbs, gutters and entrances that need to be constructed, repaired, or reconstructed to remedy deficiencies or safety issues and that the developer secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages to remedy noted deficiencies or safety issues, as required by the Land Development Division, prior to recording the plat or obtaining Building  permits, whichever occurs first.

 

6. That the developer submit plans for grading, siltation, and erosion control to Land Development Division for review, acceptance, and permitting 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, prior to recording the plat.

 

8. That the developer verify adequate capacity of the existing sanitary sewer system as required by the Land Development Division prior to connecting private services to the existing public sanitary sewer main, prior to recording the plat, or prior to issuance of building permits, whichever occurs first.

 

9. That the developer 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, and provide Conveyance of Pedestrian right-of-way where public sidewalks overlap onto private property. 

 

10. That the developer grant a Surface Drainage Easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

11. That the developer grant a BMP Easement or covenant to the City, as required by the Land Development Division, prior to recording the plat or issuance of any building permits to guarantee maintenance of required water quality improvements.

 

12. That the developer contribute $199.82 per multifamily unit in lieu of parkland dedication (2.0 X .006 X $16,651.56 (year 2011) = $199.82) in satisfaction of Section 66-128 of the Subdivision Regulations, with the specific total to be determined prior to consideration of an ordinance by the City Council.

 

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

 

14. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

15. That the developer submit a street tree planting plan prior to or concurrent with the final plat submittal, secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots (with a copy to be submitted to the City Development Department staff), and agree to plant in conformance with the plan approved by the City Forester.  The plan shall include size, type, species, and placement of trees.

 

16. That the developer petition the Public Works Department to eliminate on-street parking along the development frontage on the west side of Washington Street, on the east side of Pennsylvania Avenue and on the north side of 46th Street, as required by the Public Works Department.

 

17. That the developer provide adequate intersection sight distance at all development driveway intersections.

 

18. That the developer convey a public pedestrian access easement over any portions of the sidewalks along the street frontages that overlie private property.

 

19. That the developer submit a 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, and for staff consideration of a green/living screen for the parking garage..

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