KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 170489 Introduction Date: 6/29/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 1.2 acre tract of land generally located on the block bounded by 45th Street, 45th Terrace, Wornall Road and Broadway, excluding the northwest and southeast corners of the block, from District R-1.5 to R-0.75, and approving a development plan which also serves as a preliminary plat, to allow for a 70-unit multi-unit building residential development. (14669-P-1 and 14669-P-2)

Legislation History
DateMinutesDescription
6/28/2017 Filed by the Clerk's office
6/29/2017 Referred to Planning, Zoning & Economic Development Committee
7/12/2017 Advance and Do Pass as a Committee Substitute, Debate
7/13/2017 Passed as Substituted

View Attachments
FileTypeSizeDescription
170489.pdf Authenticated 294K Authenticated
170489 Compared.pdf Compared Version 149K Compared Version
C014669P1_Development Plan.pdf Plan 6351K Development Plan
170489 Map.pdf Exhibit 814K Exhibit A
170489 Staff Report.pdf Staff Report 177K Staff Report
170489 Fact Sheet.pdf Fact Sheet 212K Fact Sheet

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170489

 

Rezoning a 1.2 acre tract of land generally located on the block bounded by 45th Street, 45th Terrace, Wornall Road and Broadway, excluding the northwest and southeast corners of the block, from District R-1.5 to R-0.75, and approving a development plan which also serves as a preliminary plat, to allow for a 70-unit multi-unit building residential development. (14669-P-1 and 14669-P-2)

 

WHEREAS, the applicant, Drew Hood of Westwood Partners, LLC, 8301 Fish Road, Kansas City, Missouri 64139 is seeking approval of Phase II of the Mirabelle residential development on the property described herein; and

WHEREAS, Phase II is a 39-unit residential development consisting of one multi-unit residential building; and

 

WHEREAS, Phase I was previously approved with Case No. 14669-P and Ordinance No. 160816 passed by the City Council on October 27, 2016; and

WHEREAS, Phase I was approved as a 31-unit residential development consisting of one multi-unit residential building and is currently under construction; and

 

WHEREAS, District R-0.75 is a new zoning district created by the passage of Ordinance No. 170365 by the City Council on May 25, 2017; and

 

WHEREAS, the applicant is seeking approval to rezone the entire property, including Phases I and II to District R-0.75 in order to obtain the requested density of 70 residential units; and

 

WHEREAS, this development plan includes Phase I to account for the overall land area of the Mirabelle residential project and provide for the requested density of 70 residential units, but does not propose any modifications from what was previously approved for Phase I with Case No. 14669-P and Ordinance No. 160816; NOW, THEREFORE,

 

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 88-20A1104, rezoning an area of approximately 1.2 acres generally located on the block bounded by W. 45th Street on the north, Wornall Road on the east, W. 45th Terrace on the south and Broadway Street on the west (except the northwest and southeast corners of the block), from District R-1.5 (Residential 1.5) to R-0.75 (Residential 0.75), said section to read as follows:

 


Section 88-20A1104. That an area legally described as:

 

All of Lots 17, 19 and 20 and part of Lot 18, in Forest Grove, all of Lots 4, 5, 6, 7, 8 and 9, in Wornall Park and all of Tract A, Saint Luke’s Hospital of Kansas City, all being recorded subdivisions in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, being more particularly described as follows:

 

Beginning at the northwesterly corner of said Lot 17, Forest Grove, also being a point on the southerly right of way line of West 45th Street; thence South 87 degrees 36 minutes 39 seconds East along the southerly right of way line of said West 45th Street, a distance of 140.82 feet to a point on the northerly line of said Tract A, Saint Lukes Hospital of Kansas City; thence along a curve to the right, continuing along the northerly line of said Tract A, Saint Lukes Hospital of Kansas City and the southerly right of way line of said West 45th Street, having an initial tangent bearing of South 70 degrees 31 minutes 13 seconds East, a radius of 72.00 feet and an arc length of 48.65 feet to a point on the easterly line of said Tract A, Saint Lukes Hospital of Kansas City, also being a point on the westerly right of way line Wornall Road; thence South 14 degrees 49 minutes 52 seconds East continuing along the easterly line of said Tract A, Saint Lukes Hospital of Kansas City, also being the easterly lines of said Lots 18, 19 and 20, Forest Grove and the westerly right of way line of said Wornall Road, a distance of 132.64 feet to the southeasterly corner of said Lot 20, Forest Grove; thence North 87 degrees 31 minutes 37 seconds West along the southerly line of said Lot 20, Forest Grove, a distance of 130.00 feet to the northeasterly corner of said Lot 4, Wornall Park; thence South 13 degrees 02 minutes 01 seconds East along the east line of said Lot 4, Wornall Park, a distance of 112.97 feet to the southeasterly corner of said Lot 4, Wornall Park, also being a point on the northerly right of way line of West 45th Terrace; thence North 87 degrees 31 minutes 37 seconds West along the south line of said Lots 4, 5, 6, 7, 8 and 9, Wornall Park and the northerly right of way line of said 45th Terrace, a distance of 223.58 feet to the southwesterly corner of said Lot 9, Wornall Park, also being a point on the easterly right of way line of Broadway Street; thence North 02 degrees 25 minutes 00 seconds East along the easterly right of way line of said Broadway Street and the westerly line of said Lot 9, Wornall Park, a distance of 108.69 feet to the northwesterly corner of said Lot 9, Wornall Park; thence South 87 degrees 34 minutes 37 seconds East along the northerly line of said Lots 7, 8 and 9, Wornall Park, a distance of 104.93 feet to the northeasterly corner of said Lot 7, Wornall Park; thence North 02 degrees 25 minutes 00 seconds East along the westerly line of said Lot 17, Forest Grove, a distance of 154.81 feet to the point of beginning. Containing 52,519 square feet or 1.21 acres, more or less.

 


is hereby rezoned from District R-1.5 (Residential 1.5) to R-0.75 (Residential 0.75), all as shown outlined on a map marked Section 88-20A1104, 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, also serving as a preliminary plat, is hereby approved subject to the following conditions:

 

1.                  The developer shall submit to and secure approval from the City Forester of a street tree planting plan prior to building permit or recording of final plat, whichever occurs first.

 

2.                  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, as amended, 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.

 

3.                  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 issuance of any certificate of occupancy.

 

4.                  The developer shall submit verification of vertical and horizontal sight distance for the drive connection to the 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.

 

5.                  The developer shall pay impact fees as required by Chapter 39 of the City's Code of Ordinances, and as required by the Land Development Division.

 

6.                  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 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 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 may be required.

 

8.                  That prior to a certificate of occupancy, the developer is responsible for payment in lieu of parkland dedication using the formula established by Section 88-408-A-3 of the Zoning and Development Code and the 2017 acquisition rate.

 

9.                  The developer shall include one parking space per unit in the base rent for the multi-family units, and shall not charge a separate fee for these spaces.

 

Section B. That the following deviations from the lot and building standards are hereby approved, pursuant to Section 88-517-09-C of the Code:

 

1.                  A deviation from 88-110-06-B relating to the minimum required front yard setback as measured from the east property line in the amount of 10 feet is hereby granted. This results in a minimum required setback of 10 feet from said property line.

 

2.                  A deviation from 88-110-06-B relating to the minimum required street side yard setback as measured from the north property line in the amount of 7 feet is hereby granted. This results in a minimum required setback of 8 feet from said property line.

 

3.                  A deviation from 88-110-06-B relating to the minimum rear yard setback as measured from the west property line nearest the proposed building in the amount of 15 feet is hereby granted. This results in a minimum required setback of 10 feet from said property line.

 

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:

 

 

___________________________________

M. Margaret Sheahan Moran

Deputy City Attorney