KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140194 Introduction Date: 3/6/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a Development Plan which also serves as a preliminary plat, on about 3.42 acres generally located on the west side of Elmwood Avenue between E. 38th Street on the north and E. 39th Street on the south, in zoning District R-1.5 to allow for three tracts containing 10 structures (20 duplex units) and public street. (14422-P)

Legislation History
DateMinutesDescription
3/6/2014 Filed by the Clerk's office
3/6/2014 Referred to Planning, Zoning & Economic Development Committee
3/19/2014 Do Pass as a Committee Substitute
3/20/2014 Assigned Third Read Calendar as Substituted
3/27/2014 Passed

View Attachments
FileTypeSizeDescription
140194.pdf Authenticated 407K Authenticated
L100.pdf Other 2422K L100_ Landscaping
C002.pdf Other 700K C002_Site Plan
A201A.pdf Other 234K A201A Elevation
A201.pdf Other 285K A201 Elevation
C001.pdf Advertise Notice 940K C001_Site Plan
A200.pdf Other 210K Elevation
C014422P_FactSheet_02_26_14.doc Fact Sheet 70K fact sheet
C014422P_STAFFRPT_10_15_13.doc Advertise Notice 627K staff report

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140194

 

Approving a Development Plan which also serves as a preliminary plat, on about 3.42 acres generally located on the west side of Elmwood Avenue between E. 38th Street on the north and E. 39th Street on the south, in zoning District R-1.5 to allow for three tracts containing 10 structures (20 duplex units) and public street. (14422-P)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a development plan is hereby approved in Zoning District R-1.5 (Residential 1.5) to allow for a residential development containing 20 duplex units on about 3.42 acres generally located on the west side of Elmwood Avenue between E. 38th Street on the north and E. 39th Street on the south, and more specifically described as follows:

 

800-32 ELMWOOD 4500-12 E 39TH ST BODEN & HENTSCHELS SUB LOTS 1 THRU 12 & LOTS 17 THRU 29 & E 1/2 VAC CYPRESS AVE W OF & ADJ LOTS 26 THRU 29 SD ADD.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1. That the developer cause the area to be replatted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

2. That the developer must submit a detailed micro storm drainage analysis in general compliance with adopted standards, including a BMP level of service analysis for any disturbance area of redevelopment consisting at a minimum of a Missouri licensed civil engineer sealed study analyzing and stating that the proposed improvements will not alter or increase historical (existing) runoff conditions (patterns, flow rates, or volume) for the site post construction, showing that any proposed enclosed conveyance system provides separation of storm and sanitary sewer flows and extension to appropriate connection points to the existing City sewers with hydraulic analysis provided to verify adequacy of connection, and phasing of improvements to the Land Development Division, prior to approval and issuance of any building or site permits (including demolition), and that the developer secure permits to construct any improvements as required by the Land Development Division to address impacts for the redevelopment. [FYI - The analysis is reviewed under an SEGC review by LDD. It should be submitted in three (3) complete sets with the certified IB-159 form to 5th Floor City Hall.

 

3. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the City Development Department, Land Development Division.

 

4. That the developer enter into a covenant agreement for the maintenance of any stormwater detention and BMP area tracts as required by the Land Development Division, prior to recording the plat.

 

5. That the developer grant a BMP Easement(s) to the City, as required by Land Development Division review of Drainage Analysis and show recording information on the final plat. Submit this Easement or easement(s) to the Land Development Division, 5th Floor, City Hall for review and acceptance. See link to easements at "Conveyance of Easement for BMPs" at http://www.kcmo.org/idc/groups/ cityplanningdevelopmentdiv/documents/cityplanninganddevelopment/bmp_easement91809.doc

 

6. That the developer submit covenants, conditions and restrictions to the Law Department for approval by the City for maintenance of any private open spaces and any detention areas with the final plat.

 

7. That adequate site distance be provided for each street connection to E. 38th Street, Elmwood Avenue, and E. 39th Street as required by the Land Development Division.

 

8. That the developer dedicate street right of way for proposed public streets as required by the Land Development Division of the City Development Department.

 

9. That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by the Land Development Division, and that the developer be responsible for all costs associated with subordination activities.

 

10. That the developer construct a sidewalk on the west side of Cypress, as shown on the development plan, within the plat.

 

11. 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 sidewalks, curbs, and gutters in disrepair as defined by Public Works Department in "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB Revised 4/8/09" and based upon compliance with Chapters 56 and 64, Code of Ordinances. for the sidewalks, curbs, and gutters along the east side of E. 38th Street, south side of Elmwood Avenue and west side of E. 39th Street, 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 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 shown on the plan, as required by the Land Development Division and prior to issuance of any building certificate of occupancy permits including temporary certificate occupancy permits. [FYI - The letter is reviewed under an SEQA review by LDD. It should be submitted with sealed cost estimate, if applicable, and the certified IB-159 form to 5th Floor City Hall.] Person certifying the IB-159 should reference the project number BPPT #T369 for the project.

 

12. The modification to curb geometry or major changes to sidewalk / public ramp design merit it, the developer may submit a public streetscape plan for SEBF review (with IB-159 checklist) or a CR building or site development plans (and IB-110).

 

13. That the developer design and construct all interior streets to City standards as required by the Land Development Division, including curb, gutter, storm sewers, streetlights, and a sidewalk only on west side of Cypress.

 

14. That if public streetlight(s) relocation is necessary, they shall be integrated into the existing streetlight system, as required by the Land Development Division.

 

15. That the owner/developer shall verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect private system to the public sewer main (or structure) if applicable, and depending on adequacy of the receiving system, make other improvements as may be required. Provide public sewer relocation and or abandonment plans to Land Development Division for review and permit. Show all existing sewer lines and label whether they are to remain or to be removed. Complete the Easement release or Partial release process related to the abandonment of any existing sanitary sewers.

 

16. That the developer extend sanitary and/or storm sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Land Development Division and that the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems, prior to recording the plat or issuance of a building permit whichever occurs first.

 

17. That the developer provide a public sidewalk along west side of Elmwood Avenue in conjunction with the construction of development dwellings, from E. 38th Street to E. 39th Street and on the south side of E. 38th Stret along the site frontage, before unit occupancy.

 

18. The developer must 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.

 

19. That the owner/developer must secure a site disturbance permit (SEC8) 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.

 

20. That the developer submit plans for grading, siltation and erosion control to the Land Development Department.

 

21. That the developer secure approval of the Street Naming Committee for all street names prior to submittal of the first final plat, and that the developer submit a copy of the approved street name plan as part of each final plat submittal to the Department of City Development.

 

22. 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.

 

23. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

24. That the developer must contribute $6,397.99 in lieu of parkland dedication for 20 units (20 units X 3.0 X .006 X $17,772.20 = $ 6,397.99 in satisfaction of Section 88-405-17 of the Zoning and Development Code.

 

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

 

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.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, 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