ORDINANCE NO. 160376

Rezoning a 1 acre tract of land generally located at the southwest corner of 17th Street and Madison Avenue from Districts B1-1 and R-2.5 to District UR, and approving a preliminary development plan to allow for the a mixed use development. (14653-UR)

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 88-20A1053, rezoning an area of approximately 1 acre generally located at the southwest corner of 17th Street and Madison Avenue from Districts B1-1 (Neighborhood Business 1) and R-2.5 (Residential 2.5) to District UR (Urban Redevelopment), said section to read as follows:

Section 88-20A885. That an area legally described as:

All of Lots 22, 23, 24, 25, 29, 30 and 31, Block 2, Jarboe’s Addition, a subdivision in Kansas City, Jackson County, Missouri

is hereby rezoned from Districts B1-1 (Neighborhood Business 1) and R-2.5 (Residential 2.5) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1053, 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.                  Prior to issuance of a building permit the developer secure approval of a final development plan from the City Plan Commission. Said plan shall conform to the approved preliminary development plan and applicable provisions of the Zoning and Development Code and include a detailed site plan, landscape plan, lighting plan with photometric, sign plan and color building elevations with materials labeled.

2.                  Prior to issuance of a building permit for each building, the developer shall submit a streetscape plan to the Land Development Division of the City Planning and Development Department and secure approval of said plan from the Land Development Division and Development Management Division. Said plan shall be in conformance with applicable City standards and the approved preliminary development plan and depict an urban streetscape along all street frontages north of the alley and a typical residential streetscape south of the alley.

3.                  Prior to issuance of a building permit the developer is responsible for payment of cash-in-lieu of parkland dedication. The amount due shall use the 2016 acquisition rate of $30,360.20 and be based upon the following formula (number of residential units X 2 persons per unit X 0.006 acres = required dedication in acres; number of acres X 2016 acquisition rate = amount due).

4.                  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 certificate of occupancy.

5.                  The developer submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

6.                  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 of occupancy permits.

7.                  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.

8.                  Pursuant to Ordinance No. 040342, the developer shall obtain approval of the proposed building height from the Federal Aviation Administration.  Said approval shall be provided to and deemed acceptable by the Director of City Planning and Development and the Director of Aviation prior to issuance of a building permit.

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 Ordinance have been given and had.

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney