KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140476 Introduction Date: 6/12/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 1.17 acres located on the west side of Pennsylvania Avenue, about 200 feet north of W. 47th Street from District B 4-5 to District UR and approving a development plan which also serves as a preliminary plat. (14452-UR)

Legislation History
DateMinutesDescription
6/12/2014 Filed by the Clerk's office
6/12/2014 Referred to Planning, Zoning & Economic Development Committee
6/18/2014 Do Pass as a Committee Substitute
6/19/2014 Assigned Third Read Calendar as Substituted
6/26/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140476.pdf Authenticated 329K Authenticated
140476 Staff Report.pdf Staff Report 282K Staff Report
140476 Fact Sheet.pdf Fact Sheet 298K Fact Sheet
03_C100-OVERALL DEVELOPMENT PLAN.pdf Plan 1103K plan

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140476

 

Rezoning an area of approximately 1.17 acres located on the west side of Pennsylvania Avenue, about 200 feet north of W. 47th Street from District B 4-5 to District UR and approving a development plan which also serves as a preliminary plat. (14452-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 88-20A0959, rezoning approximately 1.17 acres located on the west side of Pennsylvania Avenue, about 200 feet north of W. 47th Street from District B 4-5 (Heavy Business/Commercial 4 – Dash 5) to District UR (Urban Redevelopment District) and approving a development plan which also serves as a preliminary plat, said section to read as follows:

 

Section 88-20A09579. That an area legally described as:

 

Lots 8, 9, 10, 11, 12, 13, 14 and 15, Gushurst Subdivision, also Lot 18, except the North 178.63 feet thereof, Home Place, both subdivisions in Kansas City, Jackson County, Missouri.

 

is hereby rezoned from District B 4-5 to District UR, all as shown outlined on a map marked Section 88-20A0959, 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 (which will also serve as the preliminary plat) for the area legally described above is hereby approved, subject to the following conditions:

 

1. 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.

 

2. That the developer submit a macro and detailed micro storm drainage study, including stormwater management mitigation, roof drainage and surface drainage contribution reductions to the combined sewer where applicable from collection and connection of runoff, all in accordance with the strategic policies of the January 30, 2009 Overflow Control Plan, and Sections 7.3.13 Best Management Practice, and APWA Section 5600, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Land Development Division. At a minimum retain the first 1.5 inches of runoff for the site and control the 100-year peak flow rate to the capacity of the downstream system of the combined sewer.

 

3. 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.

 

4. That the developer 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.

 

5. That the developer reconstruct sidewalks, curbs and drive entrances (and associated streetscape) along the Pennsylvania Avenue project frontage per the approved plan and where modifying the sidewalk at the drive modifications as required by Land Development Division and meeting ADA requirements, prior to working in the right-of-way and prior to recording of the final plat or issuance of a temporary certificate of occupancy, whichever comes first.

 

6. 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, to identify 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 recording of the final plat or issuance of a temporary certificate of occupancy, whichever comes first.

 

7. That the developer 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.

 

8. That the owner/developer submit plans for grading, siltation, and erosion control to Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

9. That the owner/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 during the life of the construction activity.

 

10. That the owner/developer 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 that may be required.

 

11. That the developer grant a City approved pedestrian right-of-way easement, for the portions of the public sidewalks approved to be outside of the street right-of-way, to the City as required by the Land Development Division, prior to recording the plat.

 

12. That the developer provide a cross-access easement across shared drives and across parking areas between lot access drives and project access drives entering the public street, including any parking areas that would reasonably be used, as required by the Land Development Division.

 

13. That the developer grant on City approved forms, BMP Easements to the City, as required by Chapter 88 and Land Development Division, prior to issuance of any building permits or bmp permits, whichever occurs first.

 

14. That the developer provide fire protection as required by the Fire Marshal’s Office.

 

15. That the developer submit a final UR Development Plan for each project or phase of the development to the Director of City Development for approval prior to issuance of a building permit. The final UR Development Plan shall meet the development standards of Chapter 88-400 including plan information, property uses, setback distances, lighting (with a photometric study), landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery; (ii) buildings and dumpster elevation drawings; (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section, streetscaping, signage (including elevations), and architectural characteristics and a review of the traffic study to insure compliance with the Code.

 

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