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Legislation #: 160793 Introduction Date: 10/13/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 7.68 acre tract of land generally located south of the centerline of E. 27th Street between vacated Warwick Trafficway on the west and Gillham Road on the east from District M 1-5 and an existing but separate UR zone to a UR zone and the approval of a development plan which also serves as a preliminary plat for a mixed use development consisting of commercial and residential uses. (14690-UR)

Legislation History
DateMinutesDescription
10/12/2016 Filed by the Clerk's office
10/13/2016 Referred to Planning, Zoning & Economic Development Committee
10/19/2016 Advance and Do Pass as a Committee Substitute, Debate
10/20/2016 Passed as Substituted

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160793.pdf Authenticated 562K Authenticated
160793 Color Compared.pdf Compared Version 50K 160793 Color Compared
160793 Plan.pdf Plan 91034K * Plan
160793 Staff Report.pdf Staff Report 576K Staff Report
160793 Fact Sheet.pdf Fact Sheet 503K Fact Sheet
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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160793

 

Rezoning a 7.68 acre tract of land generally located south of the centerline of E. 27th Street between vacated Warwick Trafficway on the west and Gillham Road on the east from District M 1-5 and an existing but separate UR zone to a UR zone and the approval of a development plan which also serves as a preliminary plat for a mixed use development consisting of commercial and residential uses. (14690-UR)

 

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 88-20A1073, rezoning an area of approximately 7.68 acres generally located south of the centerline of E. 27th Street between vacated Warwick Trafficway on the west and Gillham Road on the east from District M 1-5 (Manufacturing 1 (dash 5)) and an existing but separate UR (Urban Redevelopment) to a District UR (Urban Redevelopment), said section to read as follows:

Section 88-20A1073. That an area legally described as:

A tract of land including unplatted portions of the North Half of Section 17, Township 49, Range 33 West of the 5th Principal Meridian, in Kansas City, Jackson County, Missouri, and Lots 1 through 32, Block 13, Lots 1 through 16, Block 12, Lots 1 through 3, Block 11, Continuation of Hoelzel’s Addition, Lots 1 through 22, Union Terminal Addition, the adjoining streets and alleys, and the adjoining vacated streets and alleys, all in Kansas City, Jackson County, Missouri being more particularly described as follows: Beginning at intersection of the south right-of-way line of 27th Street and the west right-of-way line of Gillham Road, as both are presently established; thence South 02 degrees 9 minutes 50 seconds West along said west right-of-way line, a distance of 395.34 feet to the intersection of said west right-of-way line and the north right-of-way line of 27th Street Terrace; thence North 87 degrees 16 minutes 49 seconds West along said north right-of-way line, a distance of 365.80 feet to the intersection of said north right-of-way line and the northeasterly right-of-way line of McGee Street Trafficway; thence South 24 degrees 22 minutes 00 seconds East along the prolongation of said northeasterly right-of-way line and said northeasterly right-of-way line a distance of 97.89 feet; thence South 64 degrees 39 minutes 31 seconds West a distance of 80.01 feet to the intersection of the southwesterly right-of-way line of McGee Street Trafficway and the south lot line of said Lot 3, Continuation of Hoelzel’s Addition; thence North 87 degrees 16 minutes 01 seconds West along the south lot line of said Lot 3 and the westerly prolongation thereof, a distance of 60.44 feet to the northerly boundary of Union Cemetery; thence, the following nine courses are along said northerly boundary of Union Cemetery, North 34 degrees 57 minutes 03 seconds West a distance of 12.46 feet; thence North 21 degrees 32 minutes 50 seconds West, a distance of 183.01 feet; thence South 68 degrees 43 minutes 26 seconds West, a distance of 41.82 feet; thence North 42 degrees 16 minutes 51 seconds West, a distance of 45.04 feet; thence North 65 degrees 38 minutes 09 seconds East, a distance of 33.08 feet; thence North 31 degrees 43 minutes 34 seconds West, a distance of 151.46 feet to the beginning of a curve to the left; thence northwesterly, westerly and southwesterly on said curve having a radius of 120.00 feet, an arc length of 193.73 feet and whose chord bears North 77 degrees 58 minutes 32 seconds West, 173.37 feet; thence South 56 degrees 13 minutes 33 seconds West, a distance of 107.04 feet to the beginning of a curve to the left; thence southwesterly on said curve having a radius of 100.00 feet, an arc length of 20.62 feet and whose chord bears South 50 degrees 01 minutes 17 seconds West, 20.59 feet; thence, departing from said northerly boundary of Union Cemetery, North 02 degrees 41 minutes 35 seconds East parallel with and 9.00 feet west of the west lot lines of said Lots 17 through 22, Union Terminal Addition, a distance of 265.26 feet to the centerline of 27th Street right-of-way; thence South 87 degrees 18 minutes 23 seconds East along said centerline a distance of 929.66 feet to the prolongation of the west right-of-way line of Gillham Road; thence South 02 degrees 09 minutes 50 seconds West along said prolongation a distance of 27.50 feet to the point of beginning. Contains 334,476 square feet or 7.678 acres, more or less.

 

TRACT I: All that part of Lots 2 through 22, Union Terminal Addition, a subdivision in Kansas City, Jackson County, Missouri together with a portion of the vacated alleys lying within said Union Terminal Addition, being more particularly described as follows: Beginning at the northeast corner of Lot 12, said Union Terminal Addition, said point also being the intersection of the south right-of-way line of 27th Street, as now established and the west right-of-way line of McGee Street Trafficway, as now established; thence South 24 degrees 19 minutes 42 seconds East along said west right-of-way line, a distance of 359.50 feet; thence South 65 degrees 40 minutes 18 seconds West, a distance of 84.01 feet; thence North 42 degrees 14 minutes 42 seconds West, a distance of 43.26 feet; thence North 65 degrees 40 minutes 18 seconds East, a distance of 27.72 feet to a point on the west line of said Lot 2, said point being 2.37 feet north of the southwest corner thereof; thence North 31 degrees 35 minutes 54 seconds West along the west line of said Lots 2 through 7, a distance of 153.63 feet; thence along a curve to the left, tangent to the last described course having a radius of 120.00 feet, a central angle of 92 degrees 29 minutes 57 seconds and an arc length of 193.73 feet; thence South 55 degrees 54 minutes 09 seconds West, a distance of 107.23 feet; thence along a curve to the left, tangent to the last described course having a radius of 100.00 feet, a central angle of 9 degrees 58 minutes 13 seconds and an arc length of 17.40 feet; thence North 2 degrees 15 minutes 07 seconds East, a distance of 235.50 feet to said south right-of-way line of 27th Street; thence South 87 degrees 19 minutes 36 seconds East along said south right-of-way line, a distance of 275.58 feet to the point of beginning, containing 68,560 square feet or 1.574 acres, more or less.

 

TRACT II: All that part of Lots 1 through 8, Block 11, Continuation of Hoelzel’s Addition, a subdivision in Kansas City, Jackson County, Missouri; together with the vacated alley west and southwest of and adjacent thereto; vacated Grauman Avenue north of and adjacent thereto; that part of Oak Street vacated by Ordinance No. 24390; that part of the vacated alley west of and adjacent to Lot 16, Block 12, said Continuation of Hoelzel’s Addition; and that part of the Northeast 1/4 of the Northwest 1/4 of Section 17, Township 49, Range 33, in Kansas City, Jackson County, Missouri, all more particularly described as follow: Beginning at the point of intersection of the westerly line of McGee Street Trafficway with the east line of said 1/4 1/4 Section; thence northwesterly along the westerly line of said trafficway, 72.79 feet to a point 41 feet southeasterly, measured along said westerly line, from the southwesterly corner of Lot 2, Union Terminal Addition, a subdivision in said city; thence southwesterly at right angles to the westerly line of said trafficway, 42.50 feet; thence southeasterly on a line which deflects to the left 87 degrees 23 minutes 25 seconds from the last described course 71.74 feet; thence continuing southeasterly in a straight line to a point on the east line of said 1/4 1/4 Section which is 110.24 feet south of the point of beginning of the tract herein described; thence east along the westerly prolongation of the south line of Lot 2, in said Block 11 and along the south line of said Lot 2, a distance of 55.89 feet, more or less, to a point on the west line of McGee Street Trafficway; thence northwesterly along said west line 123.77 feet, more or less, to the point of beginning.

 

TRACT III: Lot 1 and the West 1/2 of the vacated alley east of and adjacent thereto, Union Terminal Addition, a subdivision in Kansas City, Jackson County, Missouri, together Lots 1 through 16, Block 12 and the East 1/2 of the vacated alley west of and adjacent thereto, Continuation of Hoelzel’s Addition, a subdivision in said city, except that part taken for right of way of McGee Street Trafficway.

 

TRACT IV: Lots 1 through 32 and the vacated alley, Block 13, Continuation of Hoelzel’s Addition, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT V: Lots 3 through 8, Block 11, Continuation of Hoelzel’s Addition, a subdivision in Kansas City, Jackson County, Missouri; together with the vacated alley west and southwest of and adjacent thereto.

is hereby rezoned from District M 1-5 (Manufacturing 1 (dash 5)) and an existing but separate UR (Urban Redevelopment) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1073, 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 also serves as a preliminary plat for the area legally described above is hereby approved, subject to the following conditions:

 

1. 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.

 

2. 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 entire site 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 AIWA 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.

 

3. The developer shall petition for the vacation of Oak Street as shown on the development plan and relocate sewers as required by the Departments of Water Services, the Land Development Division, and Development Services, prior to recording of the final plat.

 

4. The developer shall submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.

 

5. The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

6. The developer shall 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.

 

7. 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, to identify sidewalks, curbs, and gutters in disrepair as defined by the Public Works Department’s "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 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.

 

8. 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.

 

9. The developer shall obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

10. The owner/developer shall submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

11. The developer shall submit an analysis to 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 as may be required.

 

12. The developer shall provide acceptable easement and secure permits to relocate sanitary sewers out from under proposed buildings and structures, etc., while continuing 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. East 27th Street shall be widened at the time of the first final plat to provide a minimum of three lanes from Gillham Road to Grand Boulevard.  The center lane would serve as a two way left turn lane from Oak Street to Grand Boulevard.  As E. 27th Street approaches Gillham Road, the center lane shall be marked as a second eastbound thru lane, and a westbound left turn lane with a minimum of 25 feet of storage shall be provided for the proposed Oak Street parking garage access.

 

14. The lane widths on E. 27th Street and McGee Trafficway shall be allowed to be reduced from the standard 12 foot to either 11 feet or 10 feet as agreed upon by the Public Works Department if the turning templates can be shown that the vehicular movements will not encroach onto the sidewalk and that the entire turning movement will stay within the lanes without encroaching into the opposing lanes.

 

15. The south curb line of E. 27th Street from Gillham Road to McGee Trafficway shall be shifted south to align with the corresponding lanes east of the Gillham Road intersection at the time of the first final plat as required by the Public Works Department.

 

16. The traffic signal at the intersection of Gillham Road and 27th Street shall be modified at the time of the first plat to accommodate the required roadway improvements and be reinstalled in compliance with existing standards as required by the Department of Public Works.

 

17. The developer shall grant a minimum of 75 feet of right of way on 27th Street between Warwick Trafficway and McGee Trafficway as required by the Department of Public Works, and further the Milhaus Development shall dedicate 32.5 feet from the existing right of way centerline on the south side and Hallmark shall dedicate 42.5 feet from the existing right of way centerline on the north side. 

 

18. The developer shall dedicate additional right of way as needed on E. 27th Street so that there is a transition of a total width right of way dedication from 71.5 feet at McGee Trafficway to 55 feet at Gillham Road to accommodate future road improvements as needed, as required by the Department of Public Works and as shown on the development plan.

 

19. The developer shall make improvements on McGee Trafficway between 27th Street and 27th Terrace so as to provide for a minimum 8 foot width for parallel parking, 5 foot width for the bicycle lane, and 11.5 foot width for the travel lanes as required by the Department of Public Works and as shown on the development plan.

 

20. The developer shall provide for a three-lane section on Warwick Trafficway south of E. 27th Street, with an auxiliary left turn lane on the northbound movement as required by the Department of Public Works and as shown on the development plan.

 

21. The developer shall provide dual left turns on the westbound approach on E. 27th Street at the Main Street intersection as required by the Department of Public Works and as shown on the development plan.

 

22. The developer shall provide a continental crosswalk at all intersection approaches on E. 27th Street between Gillham Road and Warwick Trafficway and at E. 27th Terrace and McGee Trafficway intersection.

23. The developer shall provide fire protection as required by the Fire Marshal’s Office.

 

24. The developer shall extend, abandon and relocate water mains and sewer lines as required by the Water Services Department.

 

25. The developer shall pay $113,763.04 in lieu of Parkland dedication based upon 428 multifamily units and calculated as follows:

 

* 428 units x 2 persons/unit x 0.006 acres/person = 5.14 acres required

* 5.14 acres – 1.389 acres of qualifying parkland = 3.75 acres

* 3.75 acres x $30,360.20/acre = $113,763.04 or $265.80 per multifamily unit.

 

26. The developer shall provide a street tree planting plan and streetscape plan to the Parks and Recreation Department for approval at the time of the final plat with a copy delivered to the Development Management Division.

 

27. The developer shall secure permits for the sidewalks within the development at the time street improvement permits are secured.  Sidewalks shall be installed per the sidewalk installation plan reviewed and accepted by the Parks and Recreation Department. 

 

28. The developer is required to construct new or repair existing sidewalks, curbs and gutters along all development street frontages, and repair all alleys within the development, in accordance with Chapters 56 and 64, Code of Ordinances.  The developer shall submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the existing sidewalks, alleys, curbs, and gutters, and identifying the quantity and location of sidewalks, alleys, curbs, and gutters that need to be constructed, repaired, or reconstructed.  The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary, and as required by the Parks and Recreation Department (for boulevards and parkways), and by the Land Development Division (for all other street frontages), prior to recording of the final plat or prior to the issuance of any certificate of occupancy, whichever occurs first.

 

29. The developer shall follow the Boulevard and Parkway Standards established by Ordinance No. 150544 and described in Sections 88-323, 88-405-D, 88-450, 88-810-192, 88-810-512, 88-810-1108 and 88-810-2165 for work along Gillham Road and Grand Blvd.

30. The developer shall grant a pedestrian right-of-way easement, for the portion of the public sidewalks outside of the street right-of-way, to the City as required by the Parks and Recreation Department, prior to recording the plat.

 

31. The developer shall submit a final plan to the Director of the Department of City Planning and Development for approval prior to the issuance of a building permit. The plan shall include information regarding property uses, setback distances, lighting, landscaping and architectural characteristics.

 

32. The developer shall have the right to seek or apply for such public funding of the street improvements identified in these conditions as may be available at the time such improvements are required to be constructed.

 

33. Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, shall be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

34. The developer shall extend, abandon, and relocate water mains and sewer lines as outlined in the Water, Sewer, Storm Modifications for 27th and Gillham report by Kaw Valley Engineering, dated 06.07.2016 and as approved by the Water Services Department.  For sewers contact Karina Papikian at 816-513-0300.

 

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 City Council finds and declares that before taking any action on the proposed zoning action hereinabove, all public notices and hearings required by the Zoning Ordinance 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