ORDINANCE NO. 031374

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0532, rezoning an area of approximately 55 acres generally located south of the Kansas City Terminal Railroad, west of Grand Boulevard, north of 26th Street and east of Broadway/West Pennway Viaduct from Districts C-2 (Local Retail Business), C-3a2 (Intermediate Business - High Buildings) and M-1 (Light Industry) to District URD (Urban Redevelopment District), and approving a development plan for the same. (12911-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 80-11A0532, rezoning an area of approximately 55 acres generally located south of the Kansas City Terminal Railroad, west of Grand Boulevard, north of 26th Street and east of Broadway/West Pennway Viaduct from Districts C-2 (Local Retail Business), C-3a2 (Intermediate Business - High Buildings) and M-1 (Light Industry) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0532. That an area legally described as:

 

The Dakota Condominium: Lots 6, 7, 8, and 9, Block C Jameson's Subdivision, a subdivision in Kansas City, Jackson County, Missouri.

 

Union Station Property:

 

Tract A: A tract of land in the West 1/2 of Section 8, Township 49, Range 33, in Kansas City, Jackson County, Missouri, including parts of "Ludlow Place", "Marsh's Addition", "Magazine Place", "Goodrich Addition", and "Corrected Plat of City View Park"; together with part of the vacated streets and alleys lying within, all being subdivisions of land in said city, county, and state, and being more particularly described as follows: Beginning at the intersection of the west right-of-way line of Main Street, as established by Document No. K-495009, in Book K-1092, at page 1154, and accepted by Ordinance No. 53181, passed August 17, 1981, with the northerly right-of-way line of Pershing Road, as established by the Ordinance of Kansas City, Missouri No. 18372, approved February 5, 1914; thence South 72 degrees 21 minutes 02 seconds West along said northerly right-of-way line, a distance of 566.92 feet to a point on the southerly extension of the westerly face of the Union Station building, as said building now exists; thence North 18 degrees 10 minutes 36 seconds West along said southerly extension and along said westerly building face, a distance of 401.22 feet to a northwest corner of said building face; thence northeasterly and northwesterly along said building face, the following bearings and distances; North 71 degrees 49 minutes 24 seconds East, a distance of 230.87 feet; thence North 18 degrees 10 minutes 36 seconds West, a distance of 9.15


feet; thence North 71 degrees 49 minutes 24 seconds East, a distance of 3.67 feet; thence North 18 degrees 10 minutes 36 seconds West, a distance of 47.91 feet; thence North 71 degrees 52 minutes 36 seconds East, a distance of 45.85 feet; thence North 18 degrees 17 minutes 10 seconds West, a distance of 363.57 feet; thence North 71 degrees 51 minutes 43 seconds East, along said building face and along the easterly extension thereof, a distance of 182.99 feet to a point on the westerly line of "Two Pershing Square", a subdivision of land in aforesaid city, county, and state; thence southeasterly and northeasterly along said westerly line, the following bearings and distances, South 18 degrees 06 minutes 46 seconds East, a distance of 348.73 feet; thence North 71 degrees 49 minutes 24 seconds East, a distance of 44.89 feet; thence South 18 degrees 10 minutes 36 seconds East, a distance of 47.71 feet; thence North 71 degrees 49 minutes 24 seconds East, a distance of 3.51 feet; thence South 18 degrees 10 minutes 36 seconds East, a distance of 9.22 feet; thence North 71 degrees 49 minutes 24 seconds East, a distance of 124.18 feet; thence South 18 degrees 10 minutes 36 seconds East, a distance of 61.24 feet; thence North 71 degrees 49 minutes 24 seconds East, a distance of 40.65 feet; thence South 18 degrees 21 minutes 39 seconds East, a distance of 48.41 feet; thence South 2 degrees 52 minutes 05 seconds West, a distance of 27.18 feet; thence South 12 degrees 50 minutes 13 seconds West, a distance of 89.54 feet; thence South 18 degrees 09 minutes 03 seconds East, a distance of 45.00 feet; thence North 71 degrees 50 minutes 44 seconds East, a distance of 25.19 feet to a point on the aforesaid westerly right-of-way line of Main Street; thence southerly along said westerly line, the following bearings and distances; thence South 3 degrees 29 minutes 54 seconds West, a distance of 3.59 feet; thence South 71 degrees 50 minutes 44 seconds West, a distance of 7.71 feet; thence South 6 degrees 15 minutes 37 seconds West, a distance of 82.34 feet; thence South 3 degrees 54 minutes 02 seconds West, a distance of 93.00 feet to the point of beginning.

 

Tract B: A tract of land in the West 1/2 of Section 8, Township 49, Range 33, in Kansas City, Jackson County, Missouri, including parts of "Ludlow Place", and "Marsh's Addition", together with parts of the vacated streets and alleys lying within; all being subdivisions of land in said city, county and state, and being more particularly described as follows: Commencing at the intersection of the west right-of-way line of main street, as established by Document No. K-495009, in Book K-1092, at page 1154 and accepted by Ordinance No. 53181, passed August 17, 1981, with the northerly right-of-way line of Pershing Road, as established by the Ordinance of Kansas City, Missouri No. 18372, approved February 5, 1914; thence South 72 degrees 21 minutes 02 seconds West along said northerly right-of-way line, a distance of 566.92 feet to a point on the southerly extension of the westerly face of the Union Station building, as said building now exists, said point also being the point of beginning of the tract of land herein described; thence North 18 degrees 10 minutes 36 seconds West along said southerly extension and along said westerly building face, a distance of 401.22 feet to a northwest corner of said building face; thence northeasterly and northwesterly along said building face, the following bearings and distances: North 71 degrees 49 minutes 24 seconds East, a distance of 230.87 feet; thence North 18 degrees 10 minutes 36 seconds West, a distance of 9.15 feet; thence North 71 degrees 49 minutes 24 seconds East, a distance of 3.67 feet; thence North 18 degrees 10 minutes 36 seconds West, a distance of 47.91 feet; thence North 71 degrees 52 minutes 36 seconds East, a distance of 45.85 feet; thence North 18 degrees 17 minutes 10 seconds West, a distance of 363.28 feet to a point on a line that is 25.00 feet southerly of and parallel with the centerline of the southerly most set of railroad tracks, as said railroad tracks now exist; thence South 71 degrees 51 minutes 09 seconds West, along said parallel line, a distance of 317.43 feet; thence South 12 degrees 22 minutes 09 seconds West, a distance of 819.29 feet, to a point on the aforesaid northerly right-of-way line of Pershing Road; thence South 87 degrees 26 minutes 53 seconds East along said northerly right-of-way line, a distance of 324.06 feet; thence North 72 degrees 21 minutes 02 seconds East along said northerly right-of-way line, a distance of 151.05 feet to the point of beginning.

 

Tract C: All that tract of land lying in Sections 7 and 8, Township 49, Range 33 in Kansas City, Jackson County, Missouri, including parts of "Gates Addition", "a. J. Lloyd's Subdivision", "Jameson's Subdivision" and "Marsh's Addition", together with parts of vacated streets and alleys lying within, all being subdivisions of land in said city, county and state, and being more particularly described as follows: Beginning at the point of intersection of the east line of Broadway with the north line of Pershing Road, as said streets are presently established; thence running North 2 degrees 25 minutes 36 second East along said east line of Broadway, a distance of 63.47 feet; thence departing said east line and running North 87 degrees 34 minutes 24 second West across Broadway, a distance of 80.00 feet to the northeast corner of Lot 6, Block C of said "Jameson's Subdivision"; thence departing said west line and running North 87 degrees 31 minutes 19 seconds West along the north line of said Lot 6, a distance of 130.21 feet (130.00 feet plat) to the northwest corner thereof; thence running South 2 degrees 24 minutes 09 seconds West along the west line of Lots 6, 7, 8 and 9 of said block and subdivision, a distance of 99.40 feet (100 feet plat) to a point in the north line of Pershing Road, as presently established; thence running the following courses and distances along said northerly line of Pershing Road: North 87 degrees 23 minutes 31 seconds West, a distance of 15.67 feet; North 2 degrees 36 minutes 29 seconds East, a distance of 8.00 feet; North 87 degrees 23 minutes 31 seconds West, a distance of 300.00 feet, and South 2 degrees 36 minutes 29 seconds West, a distance of 8.00 feet; thence running North 87 degrees 23 minutes 31 seconds West along said north line of Pershing Road and the westerly prolongation thereof, a distance of 135.74 feet; thence running North 87 degrees 34 minutes 40 seconds West, a distance of 40.00 feet to a point in the centerline of West Pennway (formerly Pennsylvania Avenue), as presently established; thence running North 2 degrees 25 minutes 20 seconds East along said centerline of West Pennway 12.26 feet; thence running North 87 degrees 34 minutes 40 seconds West, a distance of 40.00 feet to a point in the west line of said West Pennway, as presently established; thence running the following courses and distances along the southerly line of the right of way of Kansas City Terminal Railroad: North 87 degrees 23 minutes 31 seconds West, a distance of 402.39 feet; South 71 degrees 53 minutes 18 seconds West, a distance of 178.38 feet to a point 15.00 feet east of as measured a right angles to the east line of Summit Street, as presently established; thence North 2 degrees 15 minutes 51 seconds East, 15.00 feet east of and parallel to the east line of said Summit Street, a distance of 48.83 feet; thence running the following courses and distances along remaining land of the Kansas City Terminal Railroad and crossing West Pennway and Broadway, each as presently established; North 71 degrees 52 minutes 42 seconds East, a distance of 838.27 feet; North 77 degrees 19 minutes 28 seconds East, a distance of 15.00 feet; northeasterly along a curve to the left, having an initial tangent bearing of North 67 degrees 43 minutes 24 seconds East, a radius of 2425.00 feet and a central angle of 6 degrees 18 minutes 01 seconds, an arc distance of 266.66 feet; North 61 degrees 25 minutes 24 seconds East, a distance of 602.65 feet; northeasterly along a curve to the right, tangent to the last described course, having a radius of 600.00 feet and a central angle of 10 degrees 25 minutes 19 seconds, an arc distance of 109.14 feet; North 71 degrees 50 minutes 42 seconds East, a distance of 171.75 feet, and South 12 degrees 21 minutes 43 seconds West, a distance of 819.29 feet to a point in the north line of Pershing Road, as presently established; thence North 87 degrees 27 minutes 19 seconds West along said north line of Pershing Road, a distance of 358.03 feet to the point of beginning. The above described tract of land contains 13.948 acres, more or less and is subject to the rights to the public, for highway purposes, over those portions of West Pennway, Broadway - West Pennway Viaduct, Interstate Route 35 and Summit Street, all as presently established, crossing through, under and over said tract.

 

Less and except the following described tract of land: Beginning at the intersection of the most southerly north line of Pershing Road, as now established, with the centerline of West Pennway, as now established; thence South 87 degrees 34 minutes 40 seconds East along the north line of said Pershing Road, a distance of 40.00 feet; thence South 87 degrees 23 minutes 31 seconds East continuing along said north line, a distance of 135.74 feet; thence North 2 degrees 36 minutes 29 seconds East, a distance of 8.00 feet; thence South 87 degrees 23 minutes 31 seconds East along the north line of Pershing Road as established by Ordinance No. 18372, a distance of 21.17 feet; thence North 3 degrees 18 minutes 24 seconds East, departing said north line of said Pershing Road, a distance of 29.95 feet; thence North 87 degrees 19 minutes 28 seconds West, a distance of 39.95 feet; thence North 3 degrees 14 minutes 29 seconds East, a distance of 39.09 feet; thence North 2 degrees 14 minutes 43 seconds East, a distance of 124.64 feet; thence North 20 degrees 04 minutes 14 seconds West, a distance of 80.23 feet; thence South 71 degrees 52 minutes 42 seconds West, a distance of 786.52 feet to a point on a line 15.00 feet east of, and parallel with, the east line of Summit Street, as now established; thence South 2 degrees 15 minutes 52 seconds West along said parallel line, a distance of 48.45 feet; thence North 71 degrees 53 minutes 18 seconds East, departing said parallel line, a distance of 178.38 feet; thence South 87 degrees 23 minutes 31 seconds East, a distance of 402.39 feet to a point in the west line of West Pennway, as now established; thence South 87 degrees 34 minutes 40 seconds East, a distance of 40.00 feet to a point in the centerline of said West Pennway; thence South 2 degrees 25 minutes 20 seconds West along said centerline, a distance of 12.26 feet to the point of beginning.

 

Tract D: All that part of the West 1/2 of Section 8, Township 49, Range 33, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the northwest corner of Lot 1, "One Pershing Square," a subdivision in said city, county and state, said point also being on the east right-of-way line of Main Street, as now established; thence South 86 degrees 30 minutes 06 seconds East along the north line of said Lot 1 and its easterly prolongation, a distance of 178.70 feet; thence North 3 degrees 29 minutes 54 seconds East, along a line parallel with the east right-of-way line of said Main Street, a distance of 163.60 feet; thence North 86 degrees 30 minutes 06 seconds West, along a line parallel with the north line of said Lot 1, a distance of 178.70 feet to a point on the east right-of-way line of said Main Street; thence South 3 degrees 29 minutes 54 seconds West, along said east right-of-way line, a distance of 163.60 feet to the point of beginning.

 

Tract E: All that part of the West 1/2 of Section 8, Township 49, Range 33, in Kansas City, Jackson County, Missouri; all that part of "Walton Place" and "Scarritt & Peery's Subdivision," subdivisions in said city, county and state, and that part of vacated Westport Road, vacated Walnut Street and vacated 23rd Street, described as follows: Commencing at the southeast corner of Lot 1, "One Pershing Square," a subdivision in said city, county and state; thence North 3 degrees 29 minutes 54 seconds East, along the east line of said Lot 1, a distance of 49.93 feet to the true point of beginning of the tract of land herein described; thence northeasterly, generally along the northwesterly face of an existing wall, along a curve to the left having a radius of 468.40 feet, an initial tangent bearing of North 64 degrees 27 minutes 55 Seconds east and a central angle of 28 degrees 15 minutes 28 seconds, an arc distance of 231.01 feet; thence continuing along the northwesterly face of said wall, North 36 degrees 12 minutes 27 seconds East and tangent to the last described curve, a distance of 287.39 feet; thence continuing generally along the northwesterly face of said wall along a curve to the right tangent to the last described course, having a radius of 180.78 feet and a central angle of 25 degrees 03 minutes 16 seconds, an arc distance of 79.05 feet to a point on the west right-of-way line of Grand Avenue, as now established; thence North 2 degrees 26 minutes 36 seconds East, a distance of 210.55 feet; thence South 84 degrees 24 minutes 15 seconds West, a distance of 197.55 feet; thence westerly along a curve to the left, tangent to the last described course, having a radius of 1195.00 feet and a central angle of 5 degrees 30 minutes 38 seconds, an arc distance of 114.93 feet; thence westerly along a curve to the left having a common tangent with the last described course, a radius of 1650.00 feet and a central angle of 6 degrees 56 minutes 50 seconds, an arc distance of 200.06 feet; thence South 71 degrees 56 minutes 47 seconds West, a distance of 41.20 feet to a point on the most northerly east line of Lot 1, "Amtrak Station," a subdivision in said city, county and state; thence South 3 degrees 29 minutes 54 seconds West along the last said east line, a distance of 47.41 feet to an angle point therein; thence South 87 degrees 26 minutes 47 seconds East along the most southerly north line of the last said Lot 1, a distance of 40.00 feet to the most easterly northeast corner of the last said Lot 1; thence South 3 degrees 29 minutes 54 seconds West along the most southerly east line of the last said Lot 1, a distance of 40.01 feet to the southeast corner thereof; thence North 87 degrees 26 minutes 47 seconds West along the south line of the last said Lot 1, a distance of 23.25 feet; thence South 71 degrees 52 minutes 26 seconds West, a distance of 26.62 feet to a point on the east right-of-way line of Main Street, as now established; thence South 3 degrees 29 minutes 54 seconds West, along said east right-of-way line, a distance of 39.72 feet to a point that is North 3 degrees 29 minutes 54 seconds East, a distance of 163.60 feet from the northwest corner of Lot 1, One Pershing Square"; thence South 86 degrees 30 minutes 06 seconds East, parallel with the north line of the last said Lot 1, a distance of 178.70 feet; thence South 3 degrees 29 minutes 54 seconds West, parallel with the east right-of-way line, a distance of 163.60 feet; thence North 86 degrees 30 minutes 06 seconds West, a distance of 8.70 feet to the northeast corner of last said Lot 1, of "One Pershing Square"; thence South 3 degrees 29 minutes 54 seconds West along the east line of the last said Lot 1, a distance of 231.71 feet to the true point of beginning.

 

IRS Development: Commencing at the intersection of the east right-of-way line of West Pennway and the north line of Anne's Lofts Condominium, a subdivision in Kansas City, Jackson County, Missouri, said point being the point of beginning of the herein described area; thence north along said east right-of-way line and the northerly prolongation thereof to the north right-of-way line of 25th Street; thence west along the north right-of-way line, of said 25th Street, a distance of 5 feet to a jog in the east right-of-way line of West Pennway; thence north along said east right-of-way line to the beginning of a curve concave to the southeast, said curve having a radius of 100 feet, thence northeasterly along said curve a distance of 157.41 feet, to a point on the south right-of-way line of Pershing Road; thence east along said south right-of-way line, to a point on the west right-of way line of Washington Street; thence easterly to the intersection of the east right-of-way line of Washington Street and the south right-of-way line of Pershing Road; thence east along the south right-of-way line of Pershing Road and the easterly prolongation thereof, to a point on the northerly prolongation of the west right-of-way line of Broadway; thence easterly to the intersection of the northerly prolongation of the east right-of-way line of Broadway with the westerly prolongation of the south right-of-way line of Pershing Road; thence east along said prolongation and south right-of-way line of Pershing Road, to a point 15 feet west of the west line of Lot 4, Waldo Tract, a subdivision in Kansas City, Jackson County, Missouri; thence south along a line 15 feet west of and parallel to said west line of Lot 4, to a point 7.5 feet south of and parallel to the south line of Lots 1 through 4 and the westerly prolongation thereof, said Waldo Tract; thence east along a line 7.5 feet south of and parallel to the south line of said Lots 1 through 4 and prolongation thereof, to a point on the east line of said Waldo Tract; thence south along said east line to its intersection with the westerly line of Penn Valley Park; thence southwesterly along said westerly line of Penn Valley Park, to a point on the north right of way line of 25th Street; thence south at right angles to said north right-of-way line, to the south right-of-way line of said 25th Street; thence west along said south right-of-way line and the westerly prolongation thereof, to the intersection of the east line of Block 1, Sheidley Park, a subdivision in Kansas City, Jackson County, Missouri with the south right-of-way line of said 25th Street; thence south along the east line of said Block 1, to the south line of Block 1, said Sheidley Park; thence west along the south line of said Block 1, to the east right-of-way line of Broadway; thence south along the southerly prolongation of the east right-of-way line of Broadway to the south right-of-way line of 26th Street; thence west along said south right-of-way line of 26th Street, to the southerly prolongation of the centerline of the north/south alley, first west of Washington Street; thence north along said prolongation and centerline to the easterly prolongation of the north line of said Anne's Lofts Condominium; thence west along said prolongation and north line to the point of beginning.

 

is hereby rezoned from Districts C-2 (Local Retail Business), C-3a2 (Intermediate Business - High Buildings) and M-1 (Light Industry) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0532, 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 storm drainage study to the City Engineers Office for approval when the first plat is submitted and that the developer make any improvements as required by the City Engineers Office.

 

3. That the developer construct a 12 foot right turn lane in westbound Pershing Road from the Broadway Viaduct entrance at Union Station to 250 feet east as required by the Department of Parks and Recreation.

 

4. That the developer construct a 12 foot left turn lane on southbound W. Pennway from its intersection with Pershing Road to approximately 375 feet south (i.e., northernmost drive entrance to IRS Complex), as required by the Department of Public Works.

5. That the developer construct a new 12 foot drive lane on the south side of Pershing Road from the intersection of W. Pennway and Pershing Road to the intersection of the Broadway Viaduct and Pershing Road, as required by the Department of Public Works.

 

6. That the developer relocate streetlights and/or integrate streetlights in the existing street light system as required by the Department of Public Works.

 

7. That the developer construct sidewalks on all public streets as required by the Department of Public Works.

 

8. That the developer provide for adequate sight distances at all street intersections as required by the City Engineers Office.

 

9. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to the commencement of any construction activities.

 

10. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

11. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

12. That the developer secure a floodplain certificate if any grading is to occur within a floodplain.

 

13. That the developer provide for fire protection as required by the Fire Department.

 

14. That the developer extend water mains as required by the Water Services Department.

 

15. That the developer extend sanitary and/or storm sewers and determine adequacy as required by the Department of Public Works.

 

16. That the developer construct no building or structure which exceeds the height limitation as required by the Kansas City Downtown Airport Height Zoning Restrictions Map.

 

17. That the developer petition for the vacation of all public streets as shown on the development plan.

 

18. That the developer improve the Pershing Road entrance to the Dakota Lofts building as required by the Board of Parks and Recreation Commissioners.

 

19. That the developer submit covenants, conditions and restrictions to the Law Department for approval, if applicable.

 

20. That the developer contribute $5,056.74 in lieu of parkland dedication for 37 multi-family units (37 x 2 x .006 x $11,389.05) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

21. That the developer submit a landscape and architectural plan to the Director of City Development for approval, including detailed information on landscaping, streetscaping, lighting, architectural features and signage.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 031374, which is attached hereto and 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