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Legislation #: 180169 Introduction Date: 3/8/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 3 acres generally located at the northwest corner of W. 40th Street and Central Street from District UR to District UR, and approving an amendment to a previously approved development plan to allow for a hotel and surface parking lot. (14265-UR-1)

Legislation History
DateMinutesDescription
3/8/2018 Filed by the Clerk's office
3/8/2018 Referred to Planning, Zoning & Economic Development Committee
3/21/2018 Hold On Agenda (3/28/2018)
3/28/2018 Hold On Agenda (4/4/2018)
4/4/2018 Advance and Do Pass as a Committee Substitute, Debate
4/5/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180169.pdf Authenticated 233K Authenticated
180169 Plan.pdf Plan 3920K Plan
180169 Map.pdf Maps 892K Map
180169 Staff Report.pdf Staff Report 387K Staff Report
180169 Fact Sheet.pdf Fact Sheet 406K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180169

 

Rezoning an area of approximately 3 acres generally located at the northwest corner of W. 40th Street and Central Street from District UR to District UR, and approving an amendment to a previously approved development plan to allow for a hotel and surface parking lot. (14265-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 88-20A1139, rezoning an area of approximately 3 acres generally located at the northwest corner of W. 40th Street and Central Street from District UR (Urban Redevelopment) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A1139. That an area legally described as:

 

Beginning at the northwest corner of Lot 11, John Harris’ Addition to the Town of Westport, a Subdivision in Kansas City, Jackson County, Missouri; thence, South 87 degrees 20 minutes 11 seconds East 59.89 feet along the north line of said Lot 11; thence South 03 degrees 19 minutes 14 seconds West, 136.95 feet to the north line of Lot 7 John Harris’ Addition; thence South 87 degrees 18 minutes 35 seconds East, 100.01 feet along the north line of said Lot 7 to the northeast corner of said Lot 7 and the west right-of-way line of Central Street; thence South 03 degrees 19 minutes 14 seconds West, 368.62 feet along the west right-of-way line of Central Street to the southeast corner of Lot 2 John Harris’ Addition and the north right-of-way line of 40th Street; thence North 87 degrees 40 minutes 42 seconds West, 164.34 feet along the north right-of-way line of 40th Street to the centerline of a 16’ vacated alley as shown on Book 900, Page 617 on file with the Jackson County Register of Deeds; thence North 02 degrees 55 minutes 01 seconds East, 369.66 feet along the centerline of said vacated alley; thence South 87 degrees 18 minutes 35 seconds East, 8.00 feet to the northwest corner of Lot 7, John Harris’ Addition; thence North 02 degrees 55 minutes 01 seconds East, 136.92 feet to the northwest corner of Lot 11 John Harris’ Addition and the point of beginning.

 

is hereby rezoned from District UR (Urban Redevelopment) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1139, 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 for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That the plans be revised as follows:

 

a.                   The lap siding shall be a fiber cement construction and may be a variety of colors found on the residential structures along Central Street.

 

b.                  Omit the northernmost of the parking spaces located immediately west of the existing residential buildings on the block. 

 

c.                 Provide a six-foot, opaque privacy fence along the west side of lots 10 and 11 of John Harris Addition, and provide landscaping consisting of shrubs along the base of the fence.

 

2.                  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, by making application under said code for a Minor Subdivision and submitting and recording a Lot Consolidation Plat or replatting the property in accordance therewith.

 

3.                  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 APWA standards. The analysis shall be submitted prior to issuance of any building permits, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to issuance of any certificate of occupancy.

 

4.                  The developer shall dedicate additional right of way for Central Street as required Chapter 88 so as to provide a minimum of 25 feet of right of way as measured from the centerline, and ensure right of way dedication is adequate for any proposed road improvements as required by the Public Works Department adjacent to this project.

 

5.                  The developer shall subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

6.                  After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

 

7.                  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.

 

8.                  The developer shall pay impact fees as required by Chapter 39 of the City's Code of Ordinances, as required by the Land Development Division.

 

9.                  The developer shall provide a cross-access easement between the entrance on 39th Terrace and the parking areas leading to the access points on Broadway and Central, including any parking areas that would reasonably be used, as required by the Land Development Division

 

10.              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, identifying sidewalks, curbs, and gutters in disrepair as defined by 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.

 

11.              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.

 

12.              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.

 

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 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:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney