File #: 210553    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/22/2021 In control: Council
On agenda: 7/1/2021 Final action: 7/1/2021
Title: Rezoning an area of about one acre generally located at the northwest corner of E. 53rd Street and Myrtle Avenue from District R-6 to District UR and approving a development plan to allow for construction of a community center. (CD-CPC-2021-00065)
Attachments: 1. Authenticated Ordinance 210553, 2. Staff Report, 3. Fact Sheet, 4. Approved Plan, 5. Exhibit A_ Section Map

ORDINANCE NO. 210553

 

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Rezoning an area of about one acre generally located at the northwest corner of E. 53rd Street and Myrtle Avenue from District R-6 to District UR and approving a development plan to allow for construction of a community center.  (CD-CPC-2021-00065)

 

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                     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 88-20A-1283, rezoning an area of approximately one acre generally located at the northwest corner of E. 53rd Street and Myrtle Avenue from District R-6 (Residential 6) to District UR (Urban Redevelopment), said section to read as follows: 

 

Section 88-20A-1283.  That an area legally described as:

 

Lots 68-73 as described in the Mountain View Plat, recorded in Jackson County, Missouri.

is hereby rezoned from District R-6 (Residential 6) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A-1283, 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.                     The developer shall secure approval of a final development plan from the Development Management Division staff prior to issuance of a building permit.

 

2.                     The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved plan has been installed in accordance with the plan and is healthy prior to a certificate of occupancy.

 

3.                     The plan is revised to show short-term and long-term bicycle parking as required of 88-420-09.

 

4.                     The developer shall 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.

 

 

5.                     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.

 

6.                     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.

 

7.                     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.

 

8.                     The north half of East 53rd Street shall be improved to City standards as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road, and obtaining a required permit from the Land Development Division for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

9.                     The developer shall grant a BMP and/or surface drainage easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

10.                     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, that identifies 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.

 

11.                     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.

 

12.                     The developer shall 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

 

13.                     The developer shall secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit, whichever occurs first.

 

14.                     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, 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.

 

15.                     If right-of-way vacation is not approved by the City Council, the west half of Myrtle Avenue shall be improved to City standards as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road, and obtaining a required permit from the Land Development Division for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

16.                     The project will meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)

 

17.                     Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC2018 § 507.5.1.1)

 

18.                     Fire hydrant distribution shall follow IFC-2018 Table C102.1

 

19.                     The building’s FDC shall be immediately recognizable from the street or nearest point of Fire Department access ( IFC-2018 § 912.2.1).

 

20.                     The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations.

 

21.                     The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.

 

22.                     The private water main shall be killed.

 

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.

 

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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.

 

 

                                                                                                                              ___________________________________

                                                                                                                              Secretary, City Plan Commission

 

                                                                                                                              Approved as to form and legality:

 

 

                                                                                                                              ___________________________________

                                                                                                                              Sarah Baxter

                                                                                                                              Assistant City Attorney