ORDINANCE NO. 100352
Rezoning an area of approximately
1.13 acres generally located at the northeast corner of 16th Street and
Genessee Street from District M-2b to District URD, and approving a preliminary
development plan for the same. (14084-URD)
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 80-11A0867, rezoning an area of approximately 1.13 acres
generally located at the northeast corner of 16th Street and Genessee Street
from District M-2b (Heavy Industry) to District URD (Urban Redevelopment
District), said section to read as follows:
Section 80-11A0867. That an area
legally described as:
A Tract of land
being part of Lots 1 through 9, inclusive, and all of Lots 14 through 26,
inclusive, Block 7, Skiles & Western Addition, a subdivision of land in
Kansas City, Jackson County, Missouri, according to the recorded plat thereof,
and part of the 15 foot wide alley lying within said Block 7, and that part of
the North-half of 16th Street lying South of and adjoining said Lot 14, all more
particularly described as follows:
(Note: For course
orientation the bearings in this description are based on the West line of said
Block 7, also being the East Right-of-Way line of Genessee Street, having a
bearing of North 00° 18' 14" West.)
Beginning at a set
cross cut marking the intersection of the Northwest corner of said Lot 26 and
the East Right-of-Way line of Genessee Street; thence South 89 degrees 39
minutes 42 seconds East 173.48 feet on the North line of said Lot 26 as now
monumented and occupied, and on the North line of Lot 1, said Block 7, passing
through a found vertical piece of railroad track buried at the Southeast corner
of a parcel of land conveyed to CWM Properties, LLC in a General Warranty Deed
recorded as Instrument Number 2007E0062904 at the Office of the Register of
Deeds of Jackson County, Missouri and lying 127.5 feet East of said East
Right-of-Way line, to the West line of a parcel of land described in a Missouri
Quit Claim Deed to A. Reich & Sons, Inc., dated December 29, 1967 and
recorded as Document Number K07141 in Book K16 at page 1539 (now conveyed to
James E. Monahan in a Special Warranty Deed recorded in Book 2685 at Page 1155)
at the Office of the Register of Deeds of Jackson County, Missouri; thence
South 00 degrees 15 minutes 57 seconds East 220.69 feet on said West line to a
found 1/2" reinforcing rod in pavement marking the Southwest corner of
said Monahan parcel, said corner lying on the North line of Lot 10, said Block
7, and lying 95.50 feet West of the East line of said Block 7; thence North 89
degrees 39 minutes 42 seconds West 46.82 feet on said North line and its
westerly extension to the Southeast corner of Lot 18, said Block 7; thence
South 00 degrees 18 minutes 14 seconds East 125.10 feet to the centerline of
16th Street lying 25.00 feet North of the North line of Block 2, said Skiles
& Westerns Addition; thence North 89 degrees 39 minutes 42 seconds West
126.51 feet on said centerline, parallel with said North line of Block 2;
thence North 00 degrees 18 minutes 14 seconds West 345.79 feet on the West
line of said Block 7 and its southerly extension, also being said East
Right-of-Way line, to the Point of Beginning, said Tract containing 54,093
square feet or 1.2418 acres.
is hereby rezoned from District
M-2b (Heavy Industry) to District URD (Urban Redevelopment District), all as
shown outlined on a map marked Section 80-11A0867, 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, as amended, commonly known as the Subdivision Regulations.
2.
That the developer submit a detailed micro storm drainage study,
in general compliance with adopted standards, including a BMP level of service
analysis, prior to approval and issuance of any building permits, and that the
developer construct any improvements as required by Development Services prior
to issuance of any certificate of occupancy.
3.
That the requirement for the developer to dedicate additional
right of way for Genessee Street, on the final plat as a secondary arterial
so as to provide a minimum of 40 feet of right of way as measured from the
centerline of Genessee Street, be waived.
4.
That the developer improve the northern one-half of 16th Street
to collector street standards as required by Development Services, including
curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section
transitions to meet vertical and horizontal alignment standards, and relocation
of utilities prior to the recording of the final plat for Lot 1.
5.
That the developer improve the eastern one-half of Genessee
Street as shown on the approved development plan, as required by Development
Services, including curbs, gutters, sidewalks, streetlights, existing roadway
section transitions to meet vertical and horizontal alignment standards, and
relocation of utilities prior to the recording of the final plat for Lot 1.
6.
That the developer vacate a portion of the north/south alley, per
staff recommendation, and that the vacation occur prior to the recording of the
final plat.
7.
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.
8.
That the developer subordinate to the City all private interest
in the area of any right-of-way dedication, as required by Development
Services, and that the developer be responsible for all costs associated with
subordination activities now and in the future.
9.
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, prior to recording the plat.
10.
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, prior to
recording the plat.
11.
That the developer obtain a floodplain certificate from
Development Services prior to beginning any construction activities within the
floodplain.
12.
That the limits of the 100-year floodplain be shown on the final
plat.
13.
That the lowest opening or elevation or Minimum Low Opening of
any structure on each lot that abuts a 100-year floodplain area be shown on the
final plat.
14.
That the developer grant a Noise and Aviation Easement to the
City as required by Development Services, prior to recording the plat.
15.
That the developer grant a BMP Easement to the City, as required
by Development Services, prior to issuance of any certificate of occupancy.
16.
That a note be placed on the final plat that states “This
development is not considered a residential district for purposes identified in
Chapter 46 Section 191.”
17.
That the loading/unloading and parking requirements for Lot 1 as
shown on the development plan are adequate due to this being a mixed-use
project, subject to Chapter 80.
18.
That the developer grant a cross access
easement for Lot 1 and Lot 2 along the easterly lot lines on the final plat.
19.
That the developer provide a five foot public pedestrian access
easement on the westerly lot line of Lot 2.
20.
That the developer pay $1,441.95 for 13 multifamily units in lieu
of parkland dedication prior to recording the final plat for Lot 2.
21.
That the developer submit a streetscape plan for 16th Street and
Genessee Street prior to recording of the final plat for Lot 1 or Lot 2.
22.
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,
streetscape, setback distances, lighting, landscaping and architectural
characteristics, berms, trees and plantings around and within the parking lots
the plan will show proposed pedestrian circulation; and the plan will include
elevation drawings of buildings.
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.
_____________________________________________
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