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Legislation #: 150060 Introduction Date: 1/29/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 5.25 acres generally located north of W. 13th Street, east of I-35, south of W. 12th Street and west of Washington Street, to consider rezoning the site from Districts B 4-5 and UR to District UR, and approving a development plan for 252 multifamily residential units in five buildings, which plan also serves as a preliminary plat. (14463-UR-1)

Legislation History
DateMinutesDescription
1/29/2015 Filed by the Clerk's office
1/29/2015 Referred to Planning, Zoning & Economic Development Committee
2/4/2015 Advance and Do Pass as a Committee Substitute, Debate
2/5/2015 Passed as Substituted

View Attachments
FileTypeSizeDescription
150060.pdf Authenticated 544K Authenticated
150060 CS Compared.pdf Compared Version 105K Compared (Cmte Sub.)
150060 Staff Report.pdf Staff Report 284K Staff Report
150060 Fact Sheet.pdf Fact Sheet 293K Fact Sheet
C014463UR1_DocketMap_Section_Map.pdf Maps 3697K Section map
4-C201-13157 Site-1.pdf Plan 819K plan

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150060

 

Rezoning an area of approximately 5.25 acres generally located north of W. 13th Street, east of I-35, south of W. 12th Street and west of Washington Street, to consider rezoning the site from Districts B 4-5 and UR to District UR, and approving a development plan for 252 multifamily residential units in five buildings, which plan also serves as a preliminary plat. (14463-UR-1)

 

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 88-20A0993, rezoning approximately 5.25 acres generally located north of W. 13th Street, east of I-35, south of W. 12th Street and west of Washington Street, from Districts B 4-5 (Heavy Business, Commercial 4 (dash 5)), and UR (Urban Redevelopment District) to District UR (Urban Redevelopment District), said section to read as follows:

 

Section 88-20A0993. That an area legally described as:

 

Lot 2, Brookwood Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plot thereof; and

 

A part of Lots 6 through 10 inclusive, all of Lots 11 through 18 inclusive of Block Two, Lykins Place Addition; and

 

Lot 11, a part of Lot 13 and all of Lots 14 through 32 inclusive, Block Three, Lykins Place Addition; and

 

Lot 7 and a part of Lots 8 through 17 inclusive, Block Four, Lykins Place Addition; and

 

All of Lots 1 through 4 inclusive and a part of Lot 5, Block Three, T.S. Case’s Addition; and

 

A part of Lots 1 through 3 inclusive, Block Four, T.S. Case’s Addition, being more particularly described as follows: Beginning at a point on the east right-of-way line of Pennsylvania Avenue as now established 24.00 feet north of the southwest corner of Lot 10, Block Two, Lykins Place Addition also being the southwest corner of Lot One, the Cordova Subdivision; thence South 87 degrees 33 minutes 47 seconds East along a line 24 feet north of and parallel to the south line of Lots 6 through 10 inclusive of said Block Two, a distance of 114.83 feet meas. (115.00 platted) to the west line of the existing north-south alley in said Block Two as now established; thence South 01 degrees 58 minutes 11 seconds West along the west line of said alley, a distance of 24.00 feet; thence South 16 degrees 19 minutes 45 seconds East along the west line of said alley, a distance of 16.90 feet; thence South 01 degree 54 minutes 36 seconds West along the west line of said alley, a distance of 202.41 feet meas. (200.00 platted) to the south line of Lot 18 of said Block Two; thence North 87 degrees 33 minutes 49 seconds West along the south line of said Lot 18, a distance of 120.59 feet meas. (120.00 platted) to the east right-of-way line of Pennsylvania Avenue; thence North 02 degrees 01 minutes 39 seconds East along said east right-of-way line, a distance of 242.41 feet meas. (240.00 platted) to the point of beginning

 

And also beginning at the northeast corner of Lot 32 Block Three, Lykins Place Addition also being the intersection of the west right-of-way line of Pennsylvania Avenue with the south line of the east-west alley lying adjacent to on the north side of said Lot 32; thence South 02 degrees 01 minutes 03 seconds West along the west right-of-way line of Pennsylvania Avenue, a distance of 402.50 meas. (402.6 plat) to the north line of Lot 5 Block Three T.S. Case’s Addition also being the northerly right-of-way line of I-35; thence North 87 degrees 42 minutes 51 seconds West along said north line of Lot 5 and said northerly right-of-way line, a distance of 14.98 meas. (15.00 deed); thence South 48 degrees 13 minutes 01 seconds West along said northerly right-of-way line, a distance of 34.66 feet to the north line of the south one-half of said Lot 5; thence North 87 degrees 47 minutes 28 seconds West along said north line and along said northerly right-of-way line, a distance of 46.01 feet; thence South 67 degrees 45 minutes 43 seconds West along said northerly right-of-way line, a distance of 60.41 feet to the east line of the north-south alley in said Block Three; thence North 87 degrees 20 minutes 58 seconds West along the south line of Lots 1 and 2 of said Block Three and said northerly right-of-way line , a distance of 109.86 meas. (110.00 plat) to the east right-of-way line of Jefferson Street as now established; thence North 02 degrees 03 minutes 36 seconds East along said east right-of-way line and said northerly right-of-way line, a distance of 35.57 feet; thence North 87 degrees 53 minutes 54 seconds West along said northerly right-of-way line, a distance of 60.01 feet meas. (60.00 plat) to the west right-of-way line of Jefferson Street as now established; thence North 27 degrees 24 minutes 33 seconds West along the easterly right-of-way line of I-35, a distance of 132.07 to the south line of the east-west alley lying adjacent to on the north side of Lot 1, Block Four, T.S. Case’s Addition; thence North 02 degrees 44 minutes 11 seconds East along said easterly right-of-way line, a distance of 5.14 feet meas. (5.00 plat) to the centerline of said east-west alley; thence North 87 degrees 15 minutes 49 seconds West along the centerline of said alley and said easterly right-of-way line, a distance of 27.08 feet; thence North 02 degrees 48 minutes 14 seconds East along said easterly right-of-way line, a distance of 65.35 feet; thence North 18 degrees 02 minutes 16 seconds West along said easterly right-of-way line. a distance of 199.70 feet to a point on the west line of Lot 8, Block Four, Lykins Place Addition; thence North 01 degrees 55 minutes 14 seconds East along said west line of Lots 7 and 8 and said easterly right-of-way line, a distance of 44.98 feet to the northwest corner of Lot 7, Block Four, Lykins Place Addition; thence South 87 degrees 27 minutes 26 seconds East along the north line of said Lot 7, a distance of 160.10 meas. (160.00 plat) to the northeast corner of said Lot 7 and the west right-of way line of Jefferson Street as now established; thence South 02 degrees 05 minutes 28 seconds West along said west right-of-way line, a distance of 61.80 feet; thence South 87 degrees 16 minutes 24 seconds East, a distance of 59.09 meas. 60.00 (plat) to the east right-of way line of Jefferson Street as now established; thence North 02 degrees 03 minutes 21 seconds East along said east right-of-way line, a distance of 61.84 feet to the northwest corner of Lot 11, Block Three, Lykins Place Addition; thence South 87 degrees 34 minutes 11 seconds East along the north line of said Lot 11, a distance of 120.28 meas. (120.00 plat) to the northeast corner of said Lot 11 and west line of the north-south alley in said Block Three; thence South 02 degrees 09 minutes 37 seconds West along the west line of said alley, a distance of 62.46 feet; thence South 87 degrees 16 minutes 24 seconds East, a distance of 15.83 meas. (16.00 plat) to the east line of said alley; thence North 02 degrees 05 minutes 22 seconds East along the east line of said alley, a distance of 62.38 feet to the northwest corner of Lot 32 of said Block Three; thence North 87 degrees 10 minutes 50 seconds East along the north line of said Lot 32, a distance of 119.48 meas. (120.00 plat) to the northeast corner of said Lot 32 and the point of beginning; except all of Lot 12 and the north one-half of Lot 13, Block Three, Lykins Place Addition. Containing 4.54 acres more or less.

all as shown outlined on a map marked Section 88-20A0993, 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 (which will also serve as the preliminary plat) 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 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Development Regulations.

 

2. That the developer submit a macro and detailed micro storm drainage study, including stormwater management mitigation, roof drainage and surface drainage contribution reductions to the combined sewer where applicable from collection and connection of runoff, all in accordance with the strategic policies of the January 30, 2009, Overflow Control Plan, and Sections 7.3.13 Best Management Practice, and APWA Section 5600, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Land Development Division. At a minimum retain the first 1.5 inches of runoff for the 100-year storm event and control the 100-year peak flow rate to the capacity of the downstream system of the combined sewer.

 

3. That the developer submit plans for grading, siltation and erosion control to the Land Development Division for approval prior to beginning any construction activities, clearing or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

4. That the owner/developer secure a site disturbance permit 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.

 

5. That the developer obtain permits prior to the start of work to modify the existing sidewalks within the public right-of-way along the project street frontage, where sidewalks are proposed to be modified to ensure they comply with ADA and City adopted sidewalk standards, as required by the Land Development Division.

 

6. That the owner/developer 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.

 

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

 

8. That the developer dedicate right of way for the portions of the public sidewalks approved to be outside of the street right-of-way (or grant a City approved pedestrian right-of-way easement) to the City as required by the Land Development Division, prior to recording the plat.

 

9. That the developer 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.

 

10. 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 on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters from 12th Street, Jefferson Street, Pennsylvania Street, and Washington 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 revised plan, as required by the Land Development Division and prior to issuance of any building certificate of occupancy permits including temporary certificate of occupancy permits.

 

11. That the developer design and construct all interior public streets to City standards, as required by the Land Development Division, including curb and gutter, storm sewers, streetlights, and sidewalks.

 

12. That the developer design and construct all interior public alleys to City standards as required by the Land Development Division.

 

13. That the developer relocate, extend and abandon water mains as required by the Water Services Department.

 

14. That the developer provide sanitary sewer easements as required by the Water Services Department.

 

15. That the developer provide fire protection as required by the Fire Marshal’s Office, including the provision for siren activated gates.

 

16. That the developer contribute parkland dedication money at a rate of $16,815.50 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code and as anticipated to be as follows:

* 252 MF units x 2 persons/unit x 0.006 acres/person = 3.024 acres

* 3.024 acres – 0.12 acres = 2.904 acres x $16,815.50 = $48,832.21

 

17. That the developer submit a final UR Development Plan for each project or phase of the development to the Director of City Planning and Development for approval prior to issuance of a building permit. The final UR Development Plan shall meet the development standards of Chapter 88-400 including plan information, property uses, setback distances, lighting (with a photometric study), landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery, (ii) buildings and dumpster elevation drawings, (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section, streetscaping, signage (including elevations), and architectural characteristics.

 

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

Assistant City Attorney