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Legislation #: 140471 Introduction Date: 6/12/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 5.26 acres generally located north and west of the Kansas City Terminal Railroad tracks, south of Avenida Cesar E. Chavez and east of I-35, from B 4-2 to District UR, and approving a development plan for 273 multifamily residential units, on two lots, which plan also serves as a preliminary plat. (13324-UR-1)

Legislation History
DateMinutesDescription
6/11/2014 Filed by the Clerk's office
6/12/2014 Referred to Planning, Zoning & Economic Development Committee
6/18/2014 Advance and Do Pass, Debate
6/19/2014 Passed

View Attachments
FileTypeSizeDescription
140471.pdf Authenticated 502K Authenticated
140471 Staff Report.pdf Staff Report 220K Staff Report
140471 Fact Sheet.pdf Fact Sheet 327K Fact Sheet
2014-05-19 Final Development Plan Submittal.pdf Plan 16729K plan

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ORDINANCE NO. 140471

 

Rezoning an area of approximately 5.26 acres generally located north and west of the Kansas City Terminal Railroad tracks, south of Avenida Cesar E. Chavez and east of I-35, from B 4-2 to District UR, and approving a development plan for 273 multifamily residential units, on two lots, which plan also serves as a preliminary plat. (13324-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 88-20A0956, rezoning an area of approximately 5.26 acres generally located north and west of the Kansas City Terminal Railroad tracks, south of Avenida Cesar E. Chavez and east of I-35 from B 4-2 (Heavy Business/Commercial 4 - dash 2) to District UR (Urban Redevelopment District), said section to read as follows:

 

Section 88-20A0956. That an area legally described as:

 

All that part of Lots 1 through 19, both inclusive, in "Hills Subdivision”, all that part of Lots 1 through 7, both inclusive in "Jaudon's Addition", all that part of the vacated alley's adjoining said lots, part of the north one half of vacated 24th Street, together with a rectangular tract of land bounded on the north by the south right of way line of Avenida Cesar E. Chavez (formerly known as 23rd Street), and on the west by the east right of way line of West Pennway and the southeast by the northwesterly line of Lots 1 and 2 "Jaudon's Addition", and that part of the southeast one quarter of Section 7, Township 49, Range 33, all in Kansas City, Jackson County, Missouri, excepting therefrom Lots 12 through 19, both inclusive, Hills Subdivision, a subdivision in Kansas City, Jackson County, Missouri, together with all of the vacated alley lying south of and abutting said Lots 12 through 19, inclusive as vacated by Ordinance No. 31526 filed July 30, 1965 filed Book B-5825, page 624 as Document No. b-525964; and

 

All of vacated West Pennway from the south line of Avenida Cesar E. Chavez to the south line of 24th Street, having been vacated by Ordinance No. 030575 of the City of Kansas City, Missouri, and recorded September 23, 2003 as Document No. 2003K 0074085; and

 

All that part of Lot 1, Block 10, A. J. Loyd's Subdivision, a subdivision of land in Kansas City, Jackson County, Missouri, together with that part of the west one half of vacated West Pennway, lying between the north right of way line of the Kansas City Terminal Railroad and the south right of way line of 24th Street as now established; and

 


All that part of 24th Street lying east of the easterly right of-way line of Interstate Route 35, as established by Document No. B557952, in Book B5192, at page 5951 in the Office of the Recorder of Deeds in Jackson County, Missouri and lying west of the west right of way line of West Pennway as now established; and

 

All of Lots A and B and part of Lots C, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, and 21, Jaudon's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, together with all of the vacated alley and all former railroad right-of-way, being more particularly described as follows: Commencing at the northeast corner of the Southeast Quarter of Section 7, Township 49, Range 33 in Jackson County, Missouri; thence North 87 degrees 21 minutes 38 seconds West along the north line of said Southeast One Quarter, and along the centerline of said Avenida Cesar E. Chavez, a distance of 53.89 feet, thence South 2 degrees 38 minutes 22 seconds West, at right angles to the centerline of said Avenida Cesar E. Chavez, a distance of 25.00 feet to a point on the south right of way line thereof, and the true point of beginning of the tract of land to be herein described; thence South 49 degrees 15 minutes 05 seconds West, a distance of 347.92 feet, thence South 62 degrees 02 minutes 25 seconds West, a distance of 213.45 feet to a point on the north right of way line of vacated 24th Street, thence South 02 degrees 29 minutes 22 seconds West, a distance of 25.00 feet to a point on the centerline of said vacated 24th Street, thence North 87 degrees 23 minutes 32 seconds West along said centerline, a distance of 130.50 feet to a point on the east right of way line of West Pennway, as now established, thence South 2 degrees 29 minutes 22 seconds West along said east right of way line, a distance of 24.93 feet to the south right of way line of 24th Street as now established; thence North 87 degrees 22 minutes 44 seconds West along said south right of way line of 24th Street, a distance of 40.00 feet to the east line of Lot 1, Block 10 in A. J. Lloyd’s Subdivision, a subdivision in Kansas City, Jackson County, Missouri; thence South 2 degrees 29 minutes 22 seconds West along said east line of Lot 1, Block 10, a distance of 59.55 feet to the northerly right of way line of the Kansas City Terminal Railway; thence South 71 degrees 53 minutes 25 seconds West along said northerly right of way line, a distance of 271.55 feet to the easterly right of way line of I-35 as established in Condemnation Proceedings No. 529020, filed June 8, 1948 in Book B-4249 at page 32 as Document No. A-9306B6 and in Proceeding No. 678678 filed May 24, 1966 in the Circuit Court of Jackson County, Missouri, at Kansas City; thence North 13 degrees 13 minutes 39 seconds East along said easterly right of way line of I-35, a distance of 158.37 feet to the south right of way line of 24th Street as now established; thence North 9 degrees 49 minutes 30 seconds East along said easterly right of way line of I-35, a distance of 50.40 feet to the north right of way line of 24th Street as now established; thence North 12 degrees 00 minutes 11 seconds East along the easterly right of-way line of Interstate Route 35, as established by Document No. B557952, in Book B5192, at page 5951 in the Office of the Recorder of Deeds, Jackson County, Missouri, a distance of 352.43 feet to the south right-of-way line of Avenida Cesar E. Chavez (formerly 23rd Street); thence South 87 degrees 21 minutes 38 seconds East along said south right of-way line, a distance of 274.20 feet to the northwest corner of Lot 19 in Hills Subdivision, a subdivision in Kansas City, Jackson County, Missouri; thence South 2 degrees 29 minutes 22 seconds West along the west line of said Lot 19, a distance of 107.67 feet to the southwest corner of said Lot 19; thence South 87 degrees 21 minutes 38 seconds East along the south line of said Hills Subdivision, a distance of 200.00 feet to the southeast corner of Lot 12 in said Hills Subdivision; thence North 2 degrees 29 minutes 22 seconds East along the east line of said Lot 12, a distance of 107.67 feet to the south right of way line of Avenida Cesar Chavez; thence South 87 degrees 21 minutes 38 seconds East along said south right of way line, a distance of 293.98 feet to the point of beginning, containing 5.29 acres more or less.

 

is hereby rezoned from District B4-2 to District UR, all as shown outlined on a map marked Section 88-20A0956, 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 (which will also serve as the preliminary plat) 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 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Development Regulations.

 

2. That the developer submit a macro and detailed micro storm drainage study, including stormwater management mitigation, roof drainage and surface drainage contribution reductions to the combined sewer where applicable from collection and connection of runoff, all in accordance with the strategic policies of the January 30, 2009 Overflow Control Plan, and Sections 7.3.13 Best Management Practice, and APWA Section 5600, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements prior to recording the plat or prior to issuance of a Building Permit, whichever occurs first as required by the Land Development Division. At a minimum retain the first 1.5 inches of runoff for the site and control the 100-year peak flow rate to the capacity of the downstream system of the combined sewer.

 

3. That the developer petition for the vacation of 24th Street right-of-way as shown on the development plan and dedicate an easement over existing sewers, or relocate sewers as required by the Departments of Water Services, Development Services, and the Land Development Division prior to recording of the final plat, or provide all required consent forms with final plat application to be verified by the Development Management Division prior to acceptance of the final plat application, and request vacation with the final plat ordinance.

 

4. That the Developer submit plans for a proper cul-de-sac or turn-around per City standards, at the terminus of 24th Street as agreeable with both City staff and the developer, and obtain permits prior to recording of the Final Plat, as required by the Land Development Division, or provide evidence of existing drives under Interstate 35 as existing right-of-way.

 

5. That the developer obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting as required by the Land Development Division.

 

6. That the developer integrate any relocated streetlights into the existing street light system impacted by the drive modifications for City frontages as required by the Land Development Division.

 

7. That the owner/developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

8. That the owner/developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

9. That the owner/developer verify adequate capacity of the existing sewer system prior to issuance of a building permit to connect private systems to the public sewer main and depending on adequacy of the receiving system, make other improvements as required by the Land Development Division.

 

10. That the developer verify sight distance for the Cesar Chavez Drive connection improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met as required by the Land Development Division.

 

11. That the developer relocate, extend and abandon public and private water and sewer mains as required by the Water Services Department.

 

12. That the developer provide and/or widen sewer easements as required by the Water Services Department.

 

13. That the developer provide sanitary sewer easements as required by the Water Services Department.

 

14. That the developer provide fire protection as required by the Fire Marshal’s Office, including the provision for siren activated gates.

 

15. That the developer contribute parkland dedication money at a rate of $16,815.50 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code and as anticipated to be as follows:

 

* 273 MF units x 2 persons/unit x 0.006 acres/person = 3.28 acres

* 3.28 acres – 0.41 acres = 2.87 acres x $16,815.50 = $48,260.49

 

16. That the developer submit a final UR Development Plan for each project or phase of the development to the Director of City Development for approval prior to issuance of a building permit. The final UR Development Plan shall meet the development standards of Chapter 88-400 including plan information, property uses, setback distances, lighting (with a photometric study), landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery; (ii) buildings and dumpster elevation drawings; (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section, streetscaping, signage (including elevations), and architectural characteristics.

 

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

Assistant City Attorney