ORDINANCE NO. 070884
Rezoning an area of approximately
5.3 acres generally located north of 3rd Street between Broadway boulevard and Delaware Street from District M-2a to District URD. (13750-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 80-11A0769, rezoning an area of approximately 5.3 acres
generally located north of 3rd Street between Broadway Boulevard and Delaware
Street from District M-2a (Heavy Industry) to District URD (Urban Redevelopment
District), said section to read as follows:
Section 80-11A0769. That an area
legally described as:
PARCEL 1: A tract
of land containing portions of Gillis Addition, Campbell Block, Blocks 10 &
11, of King & Boutons Resurvey and Blocks 11, 12, 14 & Land No. 29,
of Old Town all being subdivisions in Kansas City, Jackson County, Missouri,
and portions of vacated rights of way as vacated per Ordinance No. 050822 and
passed by Kansas City, Missouri on July 28, 2005, and as amended by Ordinance
No. 061014 and passed by Kansas City, Missouri on September 21, 2006, and lying
in Fractional Section 32, Township 50 North, Range 33 West, and being more
particularly described as follows: Commencing at the southeast corner of Lot
116, Block 11, Old Town, a subdivision in Kansas City, Jackson County, Missouri,
according to the recorded plat thereof, also being a point on the north
right-of-way line of Third Street, as now established; thence South 753842 West along the south line of said Lot
116, Block 11, Old Town and along said north right-of-way line of Third Street,
a distance of 122.00 feet to the point of beginning; thence North 141325 West along a line that is parallel
with and 20.00 feet easterly of the west line of Lots 115 and 116, Block 11,
said Old Town, a distance of 120.00 feet to a point on the south line of Lot
114, Block 11, said Old Town; thence North 193742
East, a distance of 91.64 feet; thence northeasterly along a non-tangent curve
to the right, having an initial tangent bearing of North 283336 East, a central angle of 115126,
and a radius of 171.01 feet, for an arc distance of 35.39 feet to a point of
compound curvature; thence northeasterly along a compound curve to the right,
tangent to the last described course, having a central angle of 254159 and a
radius of 147.12 feet, for an arc distance of 65.99 feet to a point of compound
curvature; thence northeasterly along a compound curve to the right, tangent to
the last described course, having a central angle of 060102 and a radius of
315.08 feet, for an arc distance of 33.09 feet; thence North 720803 East, a distance of 34.17 feet to a
point on the west line of Lot 12, Block 11, King & Boutons Resurvey, a
subdivision in Kansas City, Jackson County, Missouri, according to the recorded
plat thereof; thence North 753842
East along a line that is parallel with and 50.00 feet southerly of the north
line of Block 11, said King & Boutons Resurvey, a distance of 100.00
feet to a point on the centerline of Wyandotte Street, as now established to
the south and vacated Wyandotte Street, per Ordinance No. 050822 and passed by Kansas
City, Missouri on July 28, 2005, and as amended by Ordinance No. 061014 and
passed by Kansas City, Missouri on September 21, 2006, to the north; thence
continuing North 753842 East along a
line that is parallel with and 50.00 feet southerly of the north line of Block
10, said King & Boutons Resurvey, a distance of 72.42 feet; thence North
141527 West, a distance of 370.83
feet; thence South 622200West, a
distance of 328.27 feet; thence southwesterly along a non-tangent curve to the
left, having an initial tangent bearing of South 313501 West, a central angle of 062327 and a radius of 582.32 feet, for an arc distance of
64.95 feet; thence South 251134 West,
a distance of 202.54 feet; thence southwesterly along a curve to the right,
tangent to the last described course, having a central angle of 132528 and a
radius of 702.59 feet, for an arc distance of 164.62 feet; thence South 214458 West, a distance of 99.24 feet;
thence South 022113 West, a distance
of 154.36 feet to a point on the north right-of-way line of Third Street, as
now established; thence North 753842
East along said north right-of-way line, a distance of 335.41 feet to the point
of beginning. The above described tract contains 223,186 square feet or 5.1236
acres, more or less.
is hereby rezoned from District
M-2a (Heavy Industry) to District URD (Urban Redevelopment District), all as
shown outlined on a map marked Section 80-11A0769, 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:
2.
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.
3.
That the developer dedicate additional right of way for a cul-de-sac at
the north end of Wyandotte Street or provide a public street connection from the
north end of Wyandotte Street to W. 2nd or Delaware Street as required by
Development Services.
4.
That the developer improve the northern one-half of W. 3rd 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.
5.
That the developer improve the northern transition of Wyandotte 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.
6.
That the developer enter into a
deferral agreement to provide 25 percent of the cost not exceeding $40,000.00
for the installation of a traffic signal at the intersection of 3rd Street and
Grand Avenue.
7.
That the developer construct a hammer head or
vehicle turn around facility at the north end of the Wyandotte for termination
of public street at the project limits.
8.
That any relocated streetlights be integrated into the existing street
light system as required by Development Services.
9.
That the developer submit a streetscape plan for acceptance by City
Development and permitting by Development Services prior to beginning work in
the public right of way.
10.
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.
11.
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.
12.
That the developer submit a street name signage plan for the entire
development area for approval by the Street Naming Committee prior to submittal
of the final plat.
13.
That the developer submit plans for grading, siltation, and erosion
control to Development Services for approval and permitting prior to beginning
any construction activities.
14.
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.
15.
That the developer show the limits of the 100-year floodplain on the
final plat.
16.
That the developer extend water mains as required by the Water Services
Department.
17.
That the developer extend sanitary sewers as required by Development
Services.
18.
That the developer provide for fire protection as required by the Fire
Marshals Office.
19.
That the developer grant a Noise and Aviation Easement to the City as
required by Development Services.
20.
That the developer comply with the Kansas City Downtown Airport Height
Zoning restrictions and that this language be included on the final plat.
21.
That the developer grant a BMP Easement to the City as required by
Development Services.
22.
That the developer contribute $38,571.77 in lieu of parkland dedication
for 326 multifamily units in satisfaction of Section 66-128 of the Subdivision
Regulations.
23.
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, berms,
trees and plantings around and within the parking lots; show proposed
pedestrian circulation; and include elevation drawings of buildings and
signage.
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