ORDINANCE NO. 200790
Rezoning and approving a
development plan for an area of about one acre generally located at the
southeast corner of Cleveland Avenue and E. 23rd Street from District R-2.5 to
District B2-2. (CD-CPC-2019-00176 and CD-CPC-2019-00209)
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 88-20A1251, rezoning an area of approximately
one acre generally located at the southeast corner of Cleveland Avenue and E.
23rd Street from District R-2.5 (Residential 2.5) to District B2-2
(Neighborhood Business 2 - 2), said section to read as follows:
Section 88-20A1251. That an area legally described as:
Parcel 1: Paris
Place e 159.92' of Lt 1 Paris Pl w 1.5 ft of Lt 6 Mersington Hgts Res n 27' of
e 159.92' of Lt 2 s 23' of e 159.92' of Lt 2 (ex n 11' in st).
Parcel 2: Mersington
Heights Res Lot 4, 5 & 6 (ex w 18 inches thereof).
Parcel 3: Paris
Place e 159.92 ft of Lot 3.
is hereby rezoned from District
R-2.5 (Residential 2.5) to District B2-2 (Neighborhood Business 2 - 2), all as
shown outlined on a map marked Section 88-20A1251, 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
development plan for the area legally described above is hereby approved,
subject to the following conditions:
1.
That plans, revised as noted below, are submitted and accepted by
the following staff prior to issuance of building permit:
a.
Correct the east and west building elevation labels.
b.
Show the proposed location of the short and long-term bicycle parking
that are listed in the site plan table.
c.
Label the building materials of the fuel canopy on Sheet C5.
d.
Provide a photometric lighting plan in accordance with Section 88-430,
showing locations and specifications of all exterior lighting fixtures.
e.
Add additional architectural features to the south facades such as
vertical material breaks.
f.
Screen the roof mounted mechanical units from all building facades in
accordance with Section 88- 425-08.
g.
Show at least two pedestrian connections to the public sidewalk.
h.
Review the proposed landscaping materials along the south property line
and provide confirmation by a landscape architect on their ability to survive
given their proximity to the building and the south property line.
i.
Label the tan/beige building material on the building elevation sheets.
j.
Quantities of certain plant species are missing from the Landscape
Schedule on Sheet C2.
k.
Add a column showing the required number of landscaping materials for
parking lot screening, street trees per Section 88-425 in comparison to the
quantity of the proposed landscaping materials.
l.
Show the existing trees on the landscaping plan and provide
opportunities to preserve these mature trees along the south property line and
Cleveland Avenue.
m.
Provide a utility map showing and labeling domestic water and fire
service lines.
n.
Provide a utility plan showing stormwater detention, sanitary sewer, and
water utilities.
o.
Correct the erroneous references to McAlpine Avenue and S. 10th Street
on sheet C2; as well as the misspelling in title block of that “Landscape Plan”
sheet.
p.
Include all relevant street names on the plan, including E. 23rd Street,
Mersington Avenue, and Cleveland Avenue.
2.
Uses shall be limited to that of the uses allowed in the B2
zoning district and those expressly listed within this development plan.
3. Prior to
issuance of a final certificate of occupancy, a sealed letter by a licensed
engineer shall be submitted, stating that photometrics on the site comply with
the approved photometric plan.
4. Prior to
issuance of a final certificate of occupancy, all landscaping as shown on the
approved landscape plan, including trees, plant material and structural
elements, must be in place and healthy, as certified by a sealed letter
submitted by a registered landscape architect licensed in the State of
Missouri.
5. The under
canopy lighting of the fuel canopy shall be inset mounted so the underside of
the light fixture lenses is flush with the underside of the canopy.
6. Light
fixture screens shall be added to any parking lot pole light within 10 feet of
the south property line, and certified by a licensed engineer prior to the
issuance of a final certificate of occupancy.
7. The parcels
shall be combined or re-platted prior to the issuance of a full building
permit.
8. The
developer shall dedicate additional right of way for E. 23rd Street as required
by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of
50 feet of right of way as measured from the centerline, along those areas
being platted, or seek approval recommendations from the Transportation and
Development Committee for any variances requested to the Major Street Plan
prior to City Plan Commission approval.
9. The
developer shall 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 recording the plat.
10.
The developer shall 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.
11.
The developer shall submit plans to Land Development Division and
obtain permits to construct sidewalks along the platted frontage, and construct
associated ADA ramps at the proposed entrance drives as necessary for the type
of drive approach.
12.
The developer shall 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.
13.
The developer shall 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.
14.
The developer shall obtain the executed and recorded City
approved grading, temporary construction, drainage/sewer, or any other
necessary easements from the abutting property owner(s) that may be required
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.
15.
The developer shall cause the area to be platted and processed in
accordance with Chapter 88, Code of Ordinances of the City of Kansas City,
Missouri, 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.
16.
The developer shall 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, prior to issuance of any
construction permits within said right-of-way, and the developer shall be
responsible for all costs associated with subordination activities now and in
the future.
17.
The developer shall integrate into the existing streetlight system
any relocated existing streetlights within the street right-of-way impacted by
the new drive or approach entrances as required by the Land Development
Division, and the relocated lights must comply with all adopted lighting standards.
18.
The developer shall 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, that identifies
sidewalks, curbs, and gutters in disrepair as defined by Public Works
Department’s "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB
revised 11/5/2013" 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.
19.
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.
20.
All construction shall be in compliance of the applicable
building codes which are in effect at the time of construction and shall be
built under valid building permits issued by the City Planning and Development
Department. (IFC-2012: § 102.4)
21.
Stormwater management facilities, including but not limited to
detention basins and BMPs, shall be privately maintained and covered by
maintenance covenant(s) or easement(s) that include provisions for private
maintenance.
22.
Prior to issuance of any construction permits within a
"Combined Sewer Overflow" (CSO) district, the developer shall submit,
for review and acceptance, a storm drainage study, sealed by a Missouri
licensed civil engineer, showing detention of the 1.5 inch rainfall depth over
the entire disturbed area and release of said volume over a 40- to 72-hour
period (unless infiltrated, evaporated, or used in some other manner) in
addition to management of the rate and volume of stormwater runoff from the 10%
and 1% storms per the latest adopted version of APWA 5600 standards in effect
at the time of submission. The developer shall construct improvements necessary
to reduce small storm discharges to the combined sewer system by simulating
natural runoff conditions through metered release of the 1.5 inch detention
volume and mitigate impacts from rate and volume of 10% and 1% storm runoff
from the site.
23.
The developer shall follow the Kansas City, Missouri rules and regulations
for water service lines.
24.
The developer shall submit a street tree planting plan for
approval by the Parks and Recreation Department’s Forestry Division prior to
beginning work in the public right-of-way. The street tree planting plan
applies to 23rd Street, Mersington Avenue, and Cleveland Avenue and it shall
meet Kansas City, Missouri tree planting specification standards.
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:
___________________________________
Sarah
Baxter
Assistant
City Attorney