COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 180198
Rezoning an area of approximately
1.53 acre generally located at the southwest corner of W. 44th Street and
Belleview Avenue from District R-1.5 to District UR, and approving a
development plan for a four (4) story mixed use building with a total of
138 dwelling units and a parking garage. (14919-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 88-20A1144, rezoning an area of approximately
1.53 acres generally located at the southwest corner of W. 44th Street and
Belleview Avenue from District R-1.5 (Residential Dash 1.5) to District UR
(Urban Redevelopment), said section to read as follows:
Section 88-20A1144. That an area legally described as:
The North 20 feet of Lot 31 and all of Lots 32 thru 50,
Block 6, "Bunker Hill" recorded in Book 6, Page 22 in Kansas City,
Jackson County, Missouri, described as follows: Beginning at the Northeast
corner of Lot 50, Block 6, also being the intersection of the existing South
Right-Of-Way of W. 44th St. and the existing West Right-Of-Way of Belleview
Ave.; thence South 02 degrees, 27 minutes, 55 seconds West, along the East
line of Lots 50 to 31 and the West Right-Of-Way, 504.00 feet to the Southeast
corner of the North 20 feet of Lot 31; thence North 87 degrees, 11 minutes, 26
seconds West, along the South line of the North 20 feet of Lot 31, 132.37 feet
to the Southwest corner of the North 20 feet of Lot 31 and the East line of the
Alley running North/South between Block 6; thence North 02 degrees, 26
minutes, 40 seconds East, along the West line of Lots 31 thru 50 and the East
line of the Alley, 504.00 feet to the Northwest corner of Lot 50 and a point on
the South Right-Of-Way of W. 44th St.; thence South 87 degrees, 11 minutes, 28
seconds East, along the North line of Lot 50 and the South Right-Of-Way, 132.56
feet to the point of beginning containing 66,761.82 square feet or 1.53 acres,
more or less.
is hereby rezoned from District
R-1.5 (Residential Dash 1.5) to District UR (Urban Redevelopment), all as shown
outlined on a map marked Section 88-20A1144, 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.
No building permits shall be issued until a UR Final Plan as required by
88-260-05 is approved. Failure to do so will delay issuance of the building
permit.
2.
All uses as allowed by District B-1 are permitted. All uses requiring a
Special Use Permit in B-1 shall require the approval of a Special Use
Permit.
3.
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.
4.
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 prior to
issuance of any building permits, and the developer shall secure permits to
construct any improvements required by the Land Development Division prior to
recording the plat.
5.
The developer shall dedicate additional right of way for Belleview
Avenue as required by the adopted Major Street Plan and Chapter 88 so as to
provide a minimum of 40 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.
6.
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, and the owner/developer shall be
responsible for all costs associated with subordination activities now and in
the future.
7.
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.
8.
The developer shall submit construction plans in compliance with adopted
standards for all improvements required by the traffic study approved by the
Public Works Department, and shall secure permits for those improvements as
required by the Land Development Division, prior to recording the plat.
9.
The developer shall 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.
10.
The developer shall pay impact fees as required by Chapter 39 of the
City’s Code of Ordinances, as required by the Land Development Division.
11.
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, identifying 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 of occupancy permits.
12.
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.
13.
The developer shall 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.
14.
The owner/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.
15.
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.
16.
The applicant/developer will bring the public alleyway into compliance
with current standards as part of the proposed project. The public alleyway
extends from 44th Street on the north to 45th Street on the south, mid-block between Belleview
Avenue on the east and Jarboe Street on the west.
17.
Fire Hydrant spacing shall be maximum 300 feet.
18.
Water service lines shall meet current standards.
19.
The developer shall submit a streetscape plan with street tree planting
plan for approval and permitting by the Parks and Recreation Department prior
to beginning work in the public right of way.
20.
The developer shall pay money in lieu of parkland for 2017 and be based
on the following formula:
(138
multi-family units) X (2 persons per unit) X (0.006 acres per person) X
$39,617.49 per acre (2018) = Fee
The developer
shall pay money in lieu of dedication of parkland in the amount of $65,606.56
or dedicate 1.66 Acres of Private Open Space for Parkland Purpose. Fee is based
on 2018 rate.
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