COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 170496
Rezoning a 29 acre tract of land
generally located north of Emanuel Cleaver II Boulevard, east of Oak Street,
south of 44th Street and west of Kenwood Avenue, generally known as the
Nelson-Atkins Museum of Art campus, from Districts R-5 and R-6 to District MPD,
and approving a preliminary development plan to permit existing museum and
administrative office uses in existing buildings and outdoor sculpture gardens.
(12557-MPD-2)
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 88-20A1105, rezoning an area of approximately 29
acres generally located north of Emanuel Cleaver II Boulevard, east of Oak
Street, south of 44th Street and west of Kenwood Avenue, generally known as the
Nelson-Atkins Museum of Art campus, from Districts R-5 (Residential 5) and R-6 (Residential
6) to District MPD (Master Planned Development), said section to read as
follows:
Section 88-20A1105. That an area legally described as:
Museum Block:
403-21 E. 45th Street, Nelson Art
Gallery Amended Plat of Rockhill, all Block 6 and that part Block 7 lying
northerly of Brush Creek Boulevard.
North Block:
400 East 45th
Street: West 151.47 feet measured on north line of Block 1, Amended Plat of
Rockhill.
414 East 45th
Street: East 75.52 feet of west 226.99 feet of Block 1, Amended Plat of
Rockhill.
420 East 45th
Street: Amended Plat of Rockhill, east 75.52 feet of west 302.51 feet, Block
1.
501-03 East 44th
Street: Amended Plat of Rockhill, west 150 feet of east 300 feet, Block 1.
510 East 45th
Street: Parking facility for Art Gallery, Amended Plat of Rockhill, east 150
feet, Block 1.
East Block:
4520 Kenwood: All
Bock 5, Amended Rockhill Plat except beginning northeast corner; thence south
along east line 297.5 feet; thence south along east line 250 feet; thence North
177 degrees 29 minutes 40 seconds West, 111.39 feet; thence North 279 degrees
48 minutes 0 seconds West, 103.86 feet; thence North 87 degrees 33 minutes 48
seconds East, 148.50 feet; thence South 357 degrees 29 minutes 40 seconds East,
133.38 feet to east line to beginning.
is hereby rezoned from Districts
R-5 (Residential 5) and R-6 (Residential 6) to District MPD (Master Planned
Development), all as shown outlined on a map marked Section 88-20A1105, 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 permitted principal uses are limited to library/museum/cultural
exhibit on the museum block; administrative/professional office use related to
the Museum’s oversight and include employees, volunteers, and other individuals
assisting in the operation of the Museum and its programing, residential,
detached dwelling, and surface parking for museum patrons and employees on the
north block; and a sculpture park, garden, or park with walkway paths and
accompanying amenities, operated by the museum, as well as the existing parking
lot, on the east block as depicted and arranged on the approved development
plan.
2.
The lot and building standards of
District R-6 shall apply to all structures (including sculpture park) in all
phases unless otherwise noted on the approved development plan.
3.
The applicant shall secure
approval of an MPD final plan for Phase I from the City Plan Commission prior
to certificates of occupancy or building permits, whichever occurs first.
4.
The applicant shall secure
approval of an MPD final plan for Phase II from the City Plan Commission prior
to installation of the sculpture park, garden, or park with walkway paths and
accompanying amenities.
5.
The applicant shall secure
approval of a major amendment to this MPD from the City Council for Phases III
and IV prior to any change in use or change in the physical condition of the
property which does not conform to 88-520-04-B.
6.
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 project 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, and the developer shall secure permits to construct any improvements
required by the Land Development Division prior to issuance of any certificate
of occupancy.
7.
The developer shall submit
verification of vertical and horizontal sight distance for the drive connection
to the 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, and as
required by the Land Development Division.
9.
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.
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:
___________________________________
M.
Margaret Sheahan Moran
Deputy
City Attorney