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Legislation #: 050162 Introduction Date: 2/10/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FAIRFIELD AND COUNCILMEMBER COOPER
Title: Rezoning an area of approximately 64 acres generally bounded by Independence Avenue on the south, 1st and 2nd Streets on the north, Locust Street on the east and Broadway Street on the west from Districts M-2a and URD to District URD, and approving a development plan for the same. (10629-URD-8)

Legislation History
DateMinutesDescription
2/10/2005 Filed by the Clerk's office
2/10/2005 Referred to Planning, Zoning & Economic Development Committee
3/2/2005 Advance and Do Pass as a Committee Substitute, Debate
3/3/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
050151 Document Map.pdf Maps 35K Document Map
050151, 050162, 050163 Ad Notice.pdf Advertise Notice 61K Advertise Notice
050162.pdf Authenticated 366K Authenticated

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050162

 

Rezoning an area of approximately 64 acres generally bounded by Independence Avenue on the south, 1st and 2nd Streets on the north, Locust Street on the east and Broadway Street on the west from Districts M-2a and URD to District URD, and approving a development plan for the same. (10629-URD-8)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0613, rezoning an area of approximately 64 acres generally bounded by Independence Avenue on the south, 1st and 2nd Streets on the north, Locust Street on the east and Broadway Street on the west from Districts M-2a (Heavy Industry) and URD (Urban Redevelopment District) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0613. That an area legally described as:

 

Beginning at the point of intersection of the south line of Independence Avenue, as presently established, with the west line of Wyandotte Street, as presently established, thence northward along said west line of Wyandotte Street to the point of intersection with the south line of 5th Street, as presently established, thence westward along said south line of 5th Street to the point of intersection with the south prolongation of the east line of Lot 8, Theo S. Case's Subdivision of Part of Block 24, Old Town, thence northward along said south prolongation of said east line of said Lot 8, thence continuing northward along said east line of said Lot 8, and along the east line of Lots 233, 232, and 231, Block 24, Old Town, to the point of intersection with the south line of 4th Street, as presently established, thence westward along said south line of 4th Street to the point of intersection with the south prolongation of the east line of O. Case & Balis' Subdivision of land 28 in Old Town, thence northward along said south prolongation of said east line of said subdivision, thence continuing northward along the east line of O. Case & Balis' Subdivision of land 28 in Old Town and along the north prolongation of the east line of said subdivision to the point of intersection with the west prolongation of the north line of Lot 115, Block 11, Old Town, thence eastward along said west prolongation of said north line of said lot 115, thence continuing eastward along said north line of said Lot 115 and along the east prolongation of said north line of said lot 115 to the point of intersection with the west line of Lot 6, King & Bouton's Resurvey of the East Half of Block 11, Old Town, thence northward along said west line of said Lot 6 to the northwest corner of said Lot 6, then east along the north line of Lots 6, 5, 4, 3, 2, and 1, King & Bouton's Resurvey of the East Half of Block 11, Old Town, thence continuing eastward along the east prolongation of the north line of said Lots 6, 5, 4, 3, 2, and 1 to the point of intersection with the east line of Wyandotte Street, as presently established, thence northward along said east line of Wyandotte Street to the point of intersection with the south line of Lot 9, King & Bouton's Resurvey of the West Half of Block 10, Old Town, thence eastward along the south line of said Lot 9, thence continuing eastward along the south line of Lots 13, 14, and 15, King & Bouton's Resurvey of the West Half of Block 10, Old Town, to the southeast corner of said Lot 15, thence northward along the east line of said Lot 15 to the point of intersection with the south line of 2nd Street, as presently established, thence eastward along the south line of 2nd Street to its intersection with the southerly prolongation of the west right-of-way line of Delaware Street, as presently established, thence northerly along said west right-of-way line of Delaware Street to its intersection with the westerly prolongation of the north right-of-way line of 2nd Street, as presently established, thence northeasterly along said north right-of-way line of 2nd Street to its intersection with the east right-of-way line of Delaware Street, as presently established, thence continuing northeasterly along the north right-of-way line of 2nd Street a distance of 223.00 feet, thence northerly a distance of 102.10 feet parallel to the centerline of Main Street, as presently established, thence northeasterly parallel to the centerline of 2nd Street to east right-of-way line of Main Street, as presently established, thence northerly along the east right-of-way line of Main Street to its intersection with north line of Lot 27, Block 3, of Old Town, thence northeasterly along said north line of Lot 27 and along the north lines of Lots 1 thru 6 of said Block 3 of Old Town, to the northeast corner of said Lot 6, thence continuing northeasterly along the easterly prolongation of the north line of said Lots 1 thru 6 of Block 3 to the northeast corner of Lot 61 of Block of Old Town, said point also being on the east right-of-way line of Walnut Street, as presently established, thence northeasterly along the north line of said Lot 61 to the northeast corner of said Lot 61, thence southeasterly along the east line of said Lot 61 and along the east line of Lot 60 of said Block 6 to the southeast corner of said Lot 60, said point also being on the north right-of-way line of 2nd Street, as presently established, thence continuing southeasterly along the southeasterly prolongation of the east line of said Lot 60 to its intersection with the north right-of-way line of 3rd Street, as presently established, thence easterly along said north right-of-way line to its intersection with the westerly right-of-way line of Grand Avenue, as presently established, thence northeasterly along said westerly right-of-way line to its intersection with the north right-of-way line of 2nd Street, thence easterly along said north right-of-way line of 2nd Street to its intersection with the easterly right-of-way line of Oak Street, as presently established, and its northerly prolongation, thence southerly along said easterly right-of-way line to its intersection with the north right-of-way line of 3rd Street, thence westerly along said north right-of-way line to its intersection with the east right-of-way line of Grand Avenue, as presently established, thence southward along said east line of Grand Avenue to the point of intersection with the point of intersection with the north line of 5th Street, as presently established, thence eastward along said north line of 5th Street to the point of intersection with the east line of Oak Street, as presently established, thence southward along said east line of Oak Street to the point of intersection with the south line of Independence Avenue, as presently established, thence westward along said south line of Independence Avenue to the point of beginning; and Replat of Richards & Conover Lots 1 and 2; and legal description for M2 as follows:

 

All that part of Lots 10 thru 21, Branham's Subdivision and Lots 1 thru 8, John Mathews's Subdivision and Land 27, Old Town and that part of vacated alleys and part of the Main Street railroad between 4th and 5th Streets, all being in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of 5th Street, 24 feet west of the east line of said Land 27, Old Town, thence South 84 degrees 12 minutes 05 seconds West along said north right-of-way a distance of 206.79 feet to an angle point, thence North 89 degrees 14 minutes 01 seconds West along said north right-of-way a distance of 46.67 feet to the intersection of the north right-of-way line of 5th Street and a line 10.00 feet west and parallel to the centerline of the May Street Lead Track, said point also being a point of curve; thence in a northwesterly direction along a curve to the left and being 10.00 feet west and parallel to the centerline of the May Street Lead Track, said curve having an initial tangent bearing of North 14 degrees 11 minutes 23 seconds West and a radius of 332.89 feet an arc distance of 45.95 feet; thence North 22 degrees 05 minutes 57 seconds West along a line 10.00 feet west and parallel to the centerline of the May Street Lead Track a distance of 56.09 feet to a point of curve; thence in a northwesterly direction along curve to the right being 10.00 feet west and parallel to the centerline of the May Street Lead Track, said curve being tangent to last described course and having a radius of 386.28 feet an arc distance of 32.06 feet; thence North 17 degrees 20 minutes 36 seconds West along a line 10.00 feet west and parallel to the centerline of the May Street Lead Track a distance of 100.99 feet to the intersection of a line 10.00 feet west and parallel to the centerline of the May Street Lead Track and the south right-of-way line of 4th Street, said point being on the north line of Lot 10, Branham's Subdivision; thence North 73 degrees 47 minutes 12 seconds East along the south right-of-way line of 4th street a distance of 271.88 feet to the northeast corner of the West Half of Lot 21, Branham's Subdivision; thence South 16 degrees 12 minutes 48 seconds East along the east line of the West Half of Lot 21, Branham's Subdivision a distance of 164.17 feet to the south line of the north half of vacated alley; thence South 84 degrees 23 minutes 48 seconds West along the south line of the north half of vacated alley a distance of 12.81 feet; thence South 16 degrees 12 minutes 28 seconds East a distance of 123.85 feet to the point of beginning. Containing 68,697 square feet or 1.577 acres; and legal description for m2a as follows:

 

All of Land 20, Plat No. 2 of Town of Kansas, commonly called Old Town, a subdivision in Kansas City, Jackson County, Missouri, said land 20, being of ground bounded by Oak Street, Locust Street, 5th Street, and Missouri Avenue, as said streets are now established in Kansas City, Jackson County, together with the east one half of vacated Oak Street, lying west of and adjacent thereto and the west half of vacated Oak Street lying west of and adjacent thereto of Lots 264, 265, block 27, Old Town, a subdivision in Kansas City, Jackson County, Missouri containing 106,203 square feet, or 2.495 acres.

 

is hereby rezoned from Districts M-2a (Heavy Industry) and URD (Urban Redevelopment District) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0613, 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 as an amendment to Section 80-11 thereof.

 

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 platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations, if necessary, as required by the Departments of City Development and Public Works.

 

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval as required by the City Engineers Office and that the developer construct any improvements as required by the City Engineers Office.

 

3. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any construction activities.

 

4. That the developer dedicate additional right of way for street widening as required by the Department of Public Works except that no additional right of way dedication for 2nd Street will be required of developer.

 

5. That the developer construct or reconstruct streets, curbs, gutters and sidewalks as required by the Department of Public Works except that developer shall not be required to construct/reconstruct any improvements (pavement, curbs, gutters and sidewalks) for 2nd Street.

 

6. That the developer upgrade streetlights as required by the Department of Public Works except that developer shall not be required to upgrade streetlights along 2nd Street.

 

7. That the developer relocate any existing sewer that would be or is encroached upon by any building owned or controlled by the developer as required by the Public Works and Water Services Departments, or enter into an indemnification agreement acceptable to the Water Services Department. This shall include the 72 inch sewer that runs approximately from 6th and Delaware northeasterly to the south bank of the Missouri River at the foot of the Heart of America Bridge.

 

8. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

9. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

10. That the developer undertake water main adjustments within the project as required by the Department of Water Services.

 

11. That the developer extend sanitary sewers as required by the Department of Public Works.

 

12. That the developer construct all structures in compliance with the Kansas City Downtown Airport Height zoning restrictions.

 

13. That the developer petition for the vacation of any right of way as required by the Department of Public Works.

 

14. That the developer contribute $221.15 per single family unit for any additional single family units and $119.54 per multi-family unit for any additional multi-family units in lieu of parkland dedication in satisfaction of Section 66-128 of the Subdivision Regulations.

 

15. That the developer obtain an encroachment permit from the Department of Public Works for any encroachments within the right of way as shown on the URD Development Plan prior to filing the first final plat or obtaining a building permit if platting is not required.

 

16. That the developer submit site plans to the Director of the Department of City Development for review and approval prior to the issuance of any building permit. The site plans shall include: development plan information, property uses, setback distances, lighting, landscaping, signage and architectural characteristics.

 

A copy of said development plan is on file in the office of the City Clerk with the ordinance, which is attached hereto and made a part hereof.

 

Section C. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, as required by the Zoning Ordinance all public notices have been given and hearings have been held.

 

_____________________________________________

 

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