ORDINANCE NO. 220527
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Rezoning an area of about .5 acres generally located at 1015 Pacific Street from District R-1.5 (Residential) to UR (Urban Redevelopment) and approving a development plan to allow for townhomes, a duplex, and several quadplexes (for a total 20 units) on the property. (CD-CPC-2021-0032)
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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 88-20-A1331 rezoning an area of about .5 acres generally located at 1015 Pacific Street from District R-1.5 (Residential) to UR (Urban Redevelopment), and more specifically described as follows:
Section 88-20A-1331. That an area legally described as:
TRACT I: The west 30.5 feet of the north 20 feet of Lot 21, the west 30.5 feet of Lot 22 and the west 30.5 feet of Lot 23, Block 79, East Kansas, a subdivision in Kansas City, Jackson County, Missouri.
TRACT II: All that part of Lots 21, 22 and 23, Block 79, East Kansas, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the northwest corner of Lot 23, aforesaid; thence southerly along the westerly lines of Lots 23, 22 and 21, 120 feet; thence easterly and parallel with the northerly line of Lot 21, aforesaid, to a point in the west line of alley 122 feet west of the west line of Troost Avenue; thence north along the west line of said alley to point in the southerly line of Pacific Street 122 feet west of the west line of Troost Avenue; thence westerly along the southerly line of said Pacific Street to the point of beginning, except the westerly 30.5 feet of above described tract.
TRACT III: Beginning 52.2 feet west of the northeast corner of Lot 23; thence west on the north line of said lot, 57.8 feet; thence south 52.17 feet; thence east 69.45 feet; thence north 49.70 feet to the beginning, part of Lot 23, Block 79, East Kansas, a subdivision in Kansas City, Jackson County, Missouri.
TRACT IV: All that part of Lot 23, Block 79, East Kansas, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the northeast corner of said lot; thence west 52.5 feet; thence southerly 49.7 feet to the south line thereof; thence east 20.55 feet to a point situated 20 feet west southeast corner of said Lot 23; thence northeasterly to a point on the east line of said lot which point is 25 feet north of the southeast corner thereof; thence north 27.5 feet to the point of beginning.
TRACT V: The east 26 feet of Lots 1 and 2, Block 79, East Kansas, a subdivision in Kansas City, Jackson County, Missouri.
TRACT VI: That part of Lots 21, 22, and 23, in Block 79, East Kansas, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the northwest corner of said Lot 23, block 79; thence North 75 degrees 36 minutes 32 seconds East along the north line of said Lot 23, 119.53 feet to the point of beginning; thence continuing North 75 degrees 36 minutes 32 seconds East along the north line of said Lot 23, 12.50 feet; thence South 02 degrees 18 minutes 18 seconds West, 156.60 feet to the south line of said Lot 21; thence South 75 degrees 36 minutes 32 seconds West along the south line of said Lot 21, 86.16 feet to the west line of said Lot 21; thence North 14 degrees 43 minutes 38 seconds West along the west line of said Lot 21, 30.00 feet; thence North 75 degrees 36 minutes 32 seconds East, 82.83 feet; thence North 02 degrees 18 minutes 18 seconds East, 125.28 feet to the point of beginning.
NOTE: The above describes the same property as described in Exhibit "A" of commitment for title insurance issued by Stewart Title Guaranty Company, Commitment Number: 947339, Commitment Date: October 2, 2020. Tract V is shown for convenience only and is not a part of this survey.
TRACT VII: All that part of Lots 20, 21 and 22, Block 79, East Kansas, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, described as follows: Commencing at the northwest corner of Lot 23, thence North 75 degrees 36 minutes 32 seconds East, along the north line of Lot 23, 131.55 feet; thence South 02 degrees 32 minutes 40 seconds West, 52.16 feet to the point of beginning; thence North 75 degrees 36 minutes 32 seconds East, along said north line of said Lot 22, 96.01 feet; thence South 28 degrees 05 minutes 30 seconds West, 159.64 feet; thence South 83 degrees 06 minutes 03 seconds West, 104.54 feet to a point on the west line of said Lot 20; thence North 14 degrees 43 minutes 37 seconds West, along said west line, 4.00 feet to the northwest corner of said Lot 20; thence North 75 degrees 36 minutes 32 seconds East along the north line of said Lot 20, 85.00 feet; thence North 02 degrees 32 minutes 40 seconds East, 104.64 feet to the point of beginning, subject to that part, if any, in streets, roadways, highways or other public rights-of-way.
NOTE: The above describes the same property as described in Exhibit "A" of commitment for title insurance issued by Stewart Title Guaranty Company, Commitment Number: 1351721, Commitment Date: July 15, 2021.
is hereby rezoned from District R-1.5 (Residential) to UR (Urban Redevelopment all as shown outlined on a map marked Section 88-20A-1331, 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. To accommodate the owner-occupied townhomes and rental units on-site, a minor subdivision needs to be submitted.
2. Deviations to the lot and building standards are approved to allow zero-lot lines to be established for the site.
3. An administrative adjustment is approved to allow nine (9) street trees plus an ornamental grass feature will be installed on the subject site.
4. Buildings shall comply with all requirements of R302 of International Residential Code 2018 for exterior walls.
5. 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.
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 total disturbed area 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, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to recording the plat and issuance of any building permits.
7. The developer shall integrate into the existing streetlight system any relocated 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. 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.
9. 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.
10. The developer shall secure permits to extend any public sanitary conveyance 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.
11. The developer shall provide a cross access easement for the shared drive/Tract A.
12. The developer shall provide acceptable easement and secure permits to ensure individual service is provided to all proposed lots as required by the Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.
13. The project shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
14. Fire hydrant distribution shall follow IFC-2018 Table C102.1.
15. Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC-2018 § 501.4 and 3312.1; NFPA -2013 § 8.7.2)
16. The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way
17. Money-in-lieu of parkland dedication in the amount of $15,412.84 shall be paid prior to a certificate of occupancy.
18. The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations prior to a certificate of occupancy.
19. The developer must submit plans detailing the 8 inch water main replacement as shown on the development plans in Pacific Street along the property’s northern frontage. If the Fire Department requires a fire hydrant along Troost Avenue, then plans for this main extension south of Pacific shall also be submitted. The plans shall be prepared by a registered professional engineer in Missouri to the main extension desk for review, acceptance and contracts per the Kansas City Water rules and regulations for water main extensions and relocations.
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.
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Secretary, City Plan Commission
Approved as to form and legality:
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Sarah Baxter
Senior Associate City Attorney