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Legislation #: 160092 Introduction Date: 2/4/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an 18 acre tract of land generally located south of Independence Avenue and east of Hardesty Avenue from District M1-5 to District UR, and approving a preliminary development plan for reuse and rehabilitation of existing buildings. (14626-UR)

Legislation History
DateMinutesDescription
2/4/2016 Filed by the Clerk's office
2/4/2016 Referred to Planning, Zoning & Economic Development Committee
2/17/2016 Advance and Do Pass, Debate
2/18/2016 Passed

View Attachments
FileTypeSizeDescription
160092.pdf Authenticated 281K Authenticated
160092 Plan.pdf Plan 18157K Plan
160092 Map.pdf Maps 1426K Map
160092 Staff Report.pdf Staff Report 1589K Staff Report
160092 Fact Sheet.pdf Fact Sheet 350K Fact Sheet

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ORDINANCE NO. 160092

 

Rezoning an 18 acre tract of land generally located south of Independence Avenue and east of Hardesty Avenue from District M1-5 to District UR, and approving a preliminary development plan for reuse and rehabilitation of existing buildings. (14626-UR)

 

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 88-20A1040, rezoning an area of approximately 18 acres generally located south of Independence Avenue and east of Hardesty Avenue from District M1-5 (Manufacturing 1) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A1040. That an area legally described as:

 

All that part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri described as follows: Commencing at the northeast corner of said Section 2; thence North 87 degrees 22 minutes 01 seconds West, along the north line of said Section 2, 1282.96 feet, to the northerly prolongation of the west line of a tract of land conveyed to Megaspace Ltd. by Document No. 2007E0069815; thence South 2 degrees 15 minutes 35 seconds West, along the westerly line of said Megaspace Tract and the easterly right-of-way line of Hardesty Avenue as now established, 30 feet from the centerline thereof, 491.69 feet, to the southwest corner of said Megaspace Tract and the point of beginning of the tract of land herein described; thence South 87 degrees 44 minutes 17 seconds East, along the southerly line of said Megaspace Tract, 252.81 feet; thence North 2 degrees 40 minutes 30 seconds East along the eastern line of said Megaspace Tract, 266.43 feet; thence South 87 degrees 19 minutes 30 seconds East along the southern line of said Megaspace Tract, 213.97 feet; thence North 2 degrees 40 minutes 30 seconds West along the eastern line of said Megaspace Tract, 165.77 feet; thence North 87 degrees 22 minutes 01 seconds West along said Megaspace Tract, 15.00 feet; thence North 2 degrees 40 minutes 30 seconds East along said Megaspace Tract, 18.00 feet to the northeast corner of said Megaspace Tract, and to the southerly right-of-way line of Independence Avenue as now established; thence South 87 degrees 22 minutes 01 seconds East along said southerly right-of-way line of Independence Avenue, 827.91 feet to the centerline of vacated Topping Avenue; thence South 2 degrees 15 minutes 27 seconds West along said centerline, 137.56 feet, to the northwesterly line of the Kansas City terminal railway right-of-way; thence continuing on said northwesterly right-of-way line along a curve to the left with an initial tangent bearing of South 52 degrees 50 minutes 19 seconds West with a radius of 2,902.50 feet and a central angle of 3 degrees 50 minutes 56 seconds an arc distance of 194.98 feet; thence continuing on said northwesterly right-of-way South 48 degrees 59 minutes 23 seconds West, 1,462.06 feet; thence continuing along said northwesterly right-of-way on a curve to the right tangent to the last described course with a radius of 2,827.50 feet and a central angle of 0 degrees 3 minutes 40 seconds an arc distance of 3.01 feet, to the northerly right-of- way line of East Ninth Street as now established, 50 feet from the centerline thereof; thence in a westerly direction along said northerly right-of-way line, along a curve to the left with an initial tangent bearing of North 80 degrees 34 minutes 12 seconds West, with a radius of 1,482.70 feet and a central angle of 2 degrees 42 minutes 44 seconds an arc distance of 70.19 feet, to said easterly right-of-way line of Hardesty Avenue; thence North 2 degrees 15 minutes 35 seconds East, along said easterly right-of-way line, 820.11 feet to the point of beginning, containing 789,149 square feet or 18.12 acres more or less.

 

is hereby rezoned from District M1-5 (Manufacturing 1) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1040, 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 prior to issuance of a building permit or certificate of occupancy, whichever occurs first, for any building in each phase, a final development plan be submitted to and approved by the Development Management Division staff. Said plan shall include a detailed site plan, color building elevations with materials labeled, landscape plan demonstrating compliance with 88-425, and lighting plan including photometric studies where necessary to demonstrate compliance with 88-430.

 

2.                  That prior to issuance of a building permit or certificate of occupancy, whichever occurs first, for any building in Phase I the developer is responsible for payment of cash-in-lieu of parkland dedication. The amount due shall use the 2015 acquisition rate of $16,907.93 and be based upon the following formula (number of residential units X 2 persons per unit X 0.006 acres = required dedication in acres; number of acres X 2015 acquisition rate = amount due).

 

3.                  That the developer provide a wider easement for the existing 96” sanitary sewer located near the east side of the property and that said easement be shown on subsequent plats and final development plans which include this area.  The easement should be sized according to the Water Services Department’s sewer easement matrix. 

 

4.                  That prior to issuance of a building permit, the developer shall update private water mains to Water Services’ standards.

 

5.                  That the developer provide an easement across all parking areas for the purposes of providing a continuous path of egress to the public way as required by IBC Section 1005.4 and the definition of “means of egress.”  Said easement shall be shown on subsequent plats and said plat(s) shall note that such easement is for the purpose of complying with the building code.

 

6.                  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.

 

7.                  That the developer 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, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to recording the plat.

 

8.                  That the developer submit construction plans in compliance with adopted standards for all improvements required by a traffic study approved by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.

 

9.                  That the developer verify vertical and horizontal sight distances for the drive connection to public right-of-way and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.

 

10.              That the developer 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.              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.

 

12.              That the owner/developer 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.

 

13.              That the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit whichever occurs first.

 

14.              That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division, prior to recording the plat.

 

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

Assistant City Attorney