COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080217

Rezoning an area of approximately 7.54 acres generally located at the northeast corner of 31st Street and Wyandotte Street from Districts R-5 and C-3a2 to District URD, and approving a development plan for the same. (8457-URD-2)

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 80-11A0791, rezoning an area of approximately 7.54 acres generally located at the northeast corner of 31st Street and Wyandotte Street from Districts R-5 (High Apartments) and C-3a2 (Intermediate Business, High Buildings) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0791. That an area legally described as:

TRACT 1: All of Lots 1 through 19 and 24 through 46, Block 3, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri, and all of the vacated alley in Block 3 from South line of vacated 30th Street to the North line of 31st Street, and Lots 19 through 31, Block 4, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri, and all of the vacated alley lying between said Lots 19 through 30, and that part of vacated 30th Street lying South of Block 4 and North of Block 3, Mount Auburn. Containing 4.30 acres more or less.

TRACT 2: Lots 20 through 23, Block 3, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri, and the West 1/2 of vacated Baltimore Avenue lying East of and adjacent. Containing 0.32 acres more or less.

TRACT 3: Lots 24 through 38 and the South 5 feet of Lot 39, Block 2, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri, and all of the vacated alley East of and adjacent to the aforesaid lots, and the East 1/2 of vacated Baltimore Avenue lying West of and adjacent. Containing 1.41acres more or less.

TRACT 4: The West 16 feet of Lot 9, except the North 3 feet thereof, the West 16 feet of Lot 10 through 23, Block 2, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri. Containing 0.14 acres more or less.

TRACT 5: Lots 25,26,27,28,29 and 30, Block 1, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri, together with the North 1/2 of vacated 30th Street lying South of and adjacent to said Lot 25, and together with that part of the East 1/2 of vacated Baltimore Avenue, as said Baltimore Avenue was established by the recorded plat of Mount Auburn (filed April 27, 1885 in Plat Book B-3 at Page 23) that lies West of and adjacent to said Lots, and that lies West of and adjacent to said North 1/2 of vacated 30th Street. Containing 0.62 acres more or less.

TRACT 6: All of vacated Baltimore Avenue from the North line of 31st Street to a line being 82.00 feet South of and parallel to the South right-of-way line of 29th Street being more particularly described as follows: Beginning at the point of intersection of the East line of vacated Baltimore Avenue and the North line of 31st Street said point also being the Southwest corner of Lot 24, Block 2, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri, thence North along the said East line a distance of 699.79 feet to the Southwest corner of Lot 27, Block 1 Mount Auburn; thence Northwesterly along the East line of vacated Baltimore Avenue as established by Vacation Ordinance No. 35417, passed June 21, 1968, a distance of 100.51 feet to a point on a line that is the Westerly prolongation of the South line of Lot 31 in said Block 1 and 10.00 feet West of the Southwest corner of said Lot 31; thence North along the last said East line a distance of 368.00 feet to a point on a line 7.00 feet South and 10.00 feet West of the Southwest corner of Lot 46 in said Block 1; thence West a distance of 85.00 feet to a point on the West right-of-way line of Baltimore Avenue as established by Ordinance No. 35455, passed June 21, 1968; thence South along said West line a distance of 335.16 feet; thence Southerly continuing along said West line and along a curve to the right having a radius of 379.42 feet an arc distance of 89.82 feet; thence Southerly continuing along said West line and a curve to the left tangent to the last described curve and having a radius of 409.42 feet an arc distance of 99.67 feet; thence Southeasterly along said West line a distance of 137.61 feet to a point on the East line of Block 3, Mount Auburn; thence South along the West line of vacated Baltimore Avenue and along the East line of said Block 3, a distance of 524.31 feet to the North line of 31st Street as now established; thence East 50 feet to the point of beginning; except the East 1/2 of vacated Baltimore Avenue lying West of and adjacent to the North 20 feet of Lot 39 and Lots 40 through 46, Block 2, Mount Auburn, and except the East 1/2 of vacated Baltimore Avenue lying West of and adjacent to the South 1/2 of vacated 30th Street lying North of Lot 46, Block 2, Mount Auburn, and except all that part lying North of the South line of Lot 18, Block 4, as extended, Mount Auburn, and except all that part lying North of the South line of Lot 31, Block 1, as extended, Mount Auburn, a subdivision in Kansas City, Jackson County, Missouri. Containing 0.78 acres more or less.

is hereby rezoned from Districts R-5 (High Apartments) and C-3a2 (Intermediate Business, High Buildings) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0791, 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.

2. That the developer vacate 30th Street and Baltimore Avenue, as required by Development Services, and that the vacation precede the recording of the final plat.

3. That the developer submit a micro storm drainage study to Development Services for review and acceptance for this phase when the final plat is submitted, and that the developer construct any improvements as required by Development Services.

4. That the developer provide an additional 12 feet of right of way on the north side of 31st Street between Baltimore Avenue on the west and the east boundary line of the proposed site on the east, as required by the Public Works Department.

5. That the developer restrict left in and out movements during peak periods from Baltimore Avenue to 31st Street by installing appropriate signage as required by the Public Works Department.

6. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

7. That the developer secure permits to repair existing or reconstruct sidewalks, curbs, gutters, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri licensed civil engineer stating that the sidewalks, curbs, and gutters are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

8. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

9. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

10. That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

11. That the developer install water mains as required by the Water Services Department.

12. That the developer provide for fire protection as required by the Fire Department.

13. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

14. That the developer contribute a total of $28,633.03 in lieu of parkland dedication for the 242 multifamily units (42 units x 2 persons/unit x 0.006 acres per person x $ 9,859.86/acre = $28,633.03) in satisfaction of 66-128 of the Subdivision Regulations.

15. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding property uses, setback distances, lighting, landscaping and architectural characteristics including elevation drawings of buildings and signage.

16. That the plan be revised to include the following language: The vegetation on the Green Screen Panels will be properly and attractively irrigated and maintained on the 31st Street and Main Street facades of the Garage.

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 Ordinance have been given and had.

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I hereby certify that as required by Chapter 80, 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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M. Margaret Sheahan Moran

Assistant City Attorney