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Legislation #: 100635 Introduction Date: 8/5/2010
Type: Ordinance Effective Date: 9/19/2010
Sponsor: None
Title: Approving the Westport-Main PIEA General Development Plan for an area of approximately 20 acres generally bounded by a line approximately 99 feet north of 39th Street, 38th Street, and 39th Street on the north, Main Street and Walnut Street on the east, 40th Street on the south, and a line 130 feet west of Baltimore Avenue, Wyandotte Street, and a line 160 feet west of Main on the west, and declaring that area included in such plan be a blighted area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority Law. (681-S)

Legislation History
DateMinutesDescription
8/3/2010 Filed by the Clerk's office
8/5/2010 Referred to Planning and Zoning Committee
9/1/2010 Do Pass
9/2/2010 Assigned to Third Read Calendar
9/9/2010 Passed

View Attachments
FileTypeSizeDescription
Other 0K General Development Plan & Blight Study are on file in the City Clerk's Office
100635.pdf Authenticated 244K AUTHENTICATED
adv 080610.pdf Advertise Notice 8K Advertise Notice
100635, 636, 637.pdf Advertise Notice 46K Affidavit of Publication
Factsheet.xls Fact Sheet 91K Fact Sheet
C00681S_STAFFRPT_07_20_10.doc Staff Report 53K Staff Report

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ORDINANCE NO. 100635

 

Approving the Westport-Main PIEA General Development Plan for an area of approximately 20 acres generally bounded by a line approximately 99 feet north of 39th Street, 38th Street, and 39th Street on the north, Main Street and Walnut Street on the east, 40th Street on the south, and a line 130 feet west of Baltimore Avenue, Wyandotte Street, and a line 160 feet west of Main on the west, and declaring that area included in such plan be a blighted area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority Law. (681-S)

WHEREAS, the Planned Industrial Expansion Authority of Kansas City, Missouri did prepare or cause to be prepared the Westport-Main PIEA General Development Plan and recommended that the Council approve the finding of blight and approve the General Development Plan for the area; and

WHEREAS, the City Plan Commission has reviewed and recommended approval of the finding of blight and of the Westport-Main PIEA General Development Plan on July 20, 2010, as evidenced by its disposition of the case and its written recommendations submitted to the City on July 20, 2010; and

WHEREAS, on July 20, 2010, the Council held a public hearing on the Westport-Main PIEA General Development Plan, after the required public notices were given and all interested parties were afforded a reasonable opportunity to express their views respecting the proposed plan at the public hearing.

WHEREAS, Section 100.400, RSMo, authorizes the Council to make a finding that an area is a blighted area and approve a general development plan for such area if the Council finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Council finds that the Westport-Main PIEA General Development Plan for an area of approximately 20 acres generally bounded by a line approximately 99 feet north of 39th Street, 38th Street, and 39th Street on the north, Main Street and Walnut Street on the east, 40th Street on the south, and a line 130 feet west of Baltimore Avenue, Wyandotte Street, and a line 160 feet west of Main on the west, and is more specifically described by metes and bounds as follows:

Beginning at the intersection of the west right-of-way line of Main Street, as now established, and the southern right-of-way line of 39th Street, as now established; thence east along the south right-of-way line of 39th Street to its intersection with the west right-of-way line of Walnut Street, as now established; thence south along the west right-of-way line of Walnut Street to its intersection with the north right-of-way line of 40th Street, as now established; thence west along the north right-of-way line of 40th Street to its intersection with the south right-of-way line of Westport Road, as now established; thence east along the south right-of-way line of Westport Road to its intersection with the southerly prolongation of the western boundary of Lot 12, Block 46, Whittier Place, a subdivision in Kansas City, Jackson County, Missouri; thence north along said west line to its intersection with the south line of Lot 9, Block 46, Whittier Place, a subdivision in Kansas City, Jackson County, Missouri; thence west along said south line approximately 16.87 feet to its intersection with the west line of Lot 9, Block 46, Whittier Place, a subdivision in Kansas City, Jackson County, Missouri; thence north along the west line of said Lot 9 and Lots 8, 7, and 6, Block 46, Whittier Place, a subdivision in Kansas City, Jackson County, Missouri, and along the west line of Lot 1, Block 2, Corrected Plat of Amended Plat of Mendel’s Murray Hill, a subdivision in Kansas City, Jackson County, Missouri, and along the west line of Lot 5, Block 46, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri to the southeast corner of Lot 7, Block 46, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri; thence west along the south line of said Lot 7 to the east right-of-way line of Wyandotte Street, as now established; thence north along the east right-of-way line of Wyandotte Street to the northwest corner of Lot 8, Block 43, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri; thence east along the north line of said Lot 8 and the north line of Lot 5, Block 43, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri and along the easterly projection of said north line to the southwest corner of Lot 9, Block 44, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri; thence north along the west line of said Lot 9 to its intersection with a line eleven feet north of and parallel to the south line of said Lot 9; thence east along said line to the east line of said Lot 9; thence north along the east line of said Lot 9 and the east line of Lots 10, 11, and 12, Block 44, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri and along the east line of Lots 5, 6, 7, and 8, Block 39, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri and along the east line of Lot 2, Block 50, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri to a line fifteen north of and parallel to the south line of Lot 1, Block 50, Hyde Park, a subdivision in Kansas City, Jackson County, Missouri; thence east along said line to a line fifteen feet east of and parallel to the west line of said Lot 1; thence north along said line to its intersection with the south right-of-way line of 38th Street, as now established; thence east along the south right-of-way line of 38th Street to its intersection with the west right-of-way line of Main Street, as now established; thence south along the west right-of-way line of Main Street to the point of beginning.

to be a blighted area as defined in Section 100.310, RSMo, and more specifically finds that there is a predominance of defective and inadequate street layout, insanitary and unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, and the existence of conditions which endanger life and property by fire and other causes in such planning area and as a result of the predominance of those conditions, the planning area in its present condition and use constitutes an economic and social liability and a serious menace to the public health, safety, morals, and welfare.

Section 2. That Westport-Main PIEA General Development Plan is hereby found to be feasible and in conformance with the general plan for the development of the community as a whole.

Section 3. That the Council has duly made the findings necessary for compliance with Sections 100.300 - 100.620, RSMo.

Section 4. That a copy of the Westport-Main PIEA General Development Plan is attached to this ordinance and is made a part hereof and is hereby approved subject to the following revisions:

 

a.                   Page 6: revise plan boundary drawing to exclude the R-1b zoned parcels.

 

b.                  Page 9: add address of property which received abatement under the URP and years of that abatement.

 

c.                   Page 15: remove R-1b from the list of existing zoning districts and revise plan boundary to reflect the removal of the R-1b parcels and change throughout plan to indicate the removal of those parcels.

 

d.                  Page 16: change the new development code mandatory effective date to January 1, 2011.

 

e.                   Page 16: Remove R-1b in zoning table.

 

f.                   Page 17: Remove R-1b in zoning table.

 

g.                  Page 17: change URD language to read that “rezoning to URD will be required for all redevelopment seeking PIEA abatement unless the developer follows the Department of the Interior Standards or rezoning is waived by the City Planning Department Director”.

 

h.                  Page 22: revise land use table to reflect the removal of R-1b properties.

 

i.                    Page 25: add office as a possible use to 3948 Main Street.

 

j.                    Page 26: add “current” to building code.

 

k.                  Page 26: change to “Require development to conform with the current updates of plans and planning guidelines”.

 

l.                    Page 27: Add note that any parcel which has received abatement through any other statutory incentive shall not be eligible for abatement under this proposed plan.

 

m.                Page 28: Revise Design Guidelines to state that the proposed site plans shall conform with the most updated version of the adopted design guidelines in the Main Street Corridor Land Use and Development Plan.

 

n.                  Page 30: Revise to read that “rezoning to URD will be required for all redevelopment seeking PIEA abatement unless the developer follows the Department of the Interior Standards or rezoning is waived by the City Planning Department Director” under Proposed Zoning Changes.

 

o.                  Page 30: Revise as required by Water Services Department.

 

p.                  Remove Appendix II. Provide language as identified in 1.k.

 

q.                  Add a consolidated metes and bounds legal description.

Section 5. That the ad valorem tax exemption benefits as authorized in Section 100.570, RSMo, may be extended to the plan area to the extent and in the manner as provided for in the General Development Plan, subject to the approval of the City Council in a separate action, and subject to the execution of a development agreement between the Planned Industrial Expansion Authority and the developer.

_____________________________________________

 

I hereby certify that as required by Chapter 100, RSMo, as amended, all public notices have been given and public hearings held, as required by law. 

 

 

_________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

_________________________________

Heather A. Brown

Assistant City Attorney