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