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Legislation #: 170268 Introduction Date: 4/13/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 5.16 acre tract of land generally bounded by W. 34th Street on the north, W. 34th Terrace on the south, Broadway Boulevard on the east and Pennsylvania Avenue on the west, to consider rezoning the tract of land from Districts R-1.5 and B4-5 to District UR, and approving a development plan-preliminary plat that allows for redevelopment of the existing 8-story building and construction of seven new residential and mixed use buildings (235 units and 18,000 square feet) with 369 parking spaces in four (4) phases. (14598-UR)

Legislation History
DateMinutesDescription
4/13/2017 Filed by the Clerk's office
4/13/2017 Referred to Planning, Zoning & Economic Development Committee
4/19/2017 Hold Off Agenda
7/18/2018 Release
7/24/2018 Released

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ORDINANCE NO. 170268

 

Rezoning a 5.16 acre tract of land generally bounded by W. 34th Street on the north, W. 34th Terrace on the south, Broadway Boulevard on the east and Pennsylvania Avenue on the west, to consider rezoning the tract of land from Districts R-1.5 and B4-5 to District UR, and approving a development plan-preliminary plat that allows for redevelopment of the existing 8-story building and construction of seven new residential and mixed use buildings (235 units and 18,000 square feet) with 369 parking spaces in four (4) phases. (14598-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 88-20A1033, rezoning an area of approximately 5.16 acres generally bounded by W. 34th Street on the north, W. 34th Terrace on the south, Broadway Boulevard on the east and Pennsylvania Avenue on the west, from Districts R-1.5 (Residential dash 1.5) and B4-5 (Heavy Business/ Commercial) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A1033. That an area legally described as:

 

All that part of Lot PE-2, K.C. Life Addition, a Subdivision in Kansas City, Jackson County, Missouri, and all that part of Lots 7 and 8, in Block 10, Amended Plat of McGee's Summit, a Subdivision in Kansas City, Jackson County, Missouri, and all that part of Lots 7, 8, 9, 10, 11 and 12, Mary A. Morley Place, a Subdivision in Kansas City, Jackson County, Missouri, and all that part of Lots 8, 9, 10, 11 and 12, in Rowell's Annex, a Subdivision in Kansas City, Jackson County, Missouri, and all that part of Washington Street (Public Street 50 feet wide), described as follows:

 

Point of Beginning; thence South 87 degrees 07 minutes 57 seconds East, along Southerly right-of-way line of W. 34th Street (Public Street 60 feet wide), a distance of 221.50 feet to a point on the centerline of Washington Street (Public Street 50 feet wide); thence South 2 degrees 39 minutes 17 seconds West, departing the said Southerly right-of-way line of W. 34th Street, along the said centerline of Washington Street, a distance of 123.50 feet to a point on the Northerly line of said Lot PE-2, K.C. Life Addition; thence South 87 degrees 07 minutes 57 seconds East, departing said centerline of Washington Street, along said Northerly line of Lot PE-2, K.C. Life Addition, a distance of 345.36 feet to a point on the Westerly right-of-way line of Broadway Boulevard (Public Street 99 feet wide); thence South 2 degrees 33 minutes 55 seconds West, along said Westerly right-of-way line of Broadway Boulevard, a distance of 335.00 feet to a point on the centerline of W. 34th Street Terrace (Public Street 30 feet wide); thence North 87 degrees 07 minutes 57 seconds West, departing said Westerly right-of-way line of Broadway Boulevard, along said centerline of W. 34th Street Terrace, a distance of 320.88 feet to a point where the said centerline of W. 34th Street Terrace intersects with the Easterly right-of-way line of said Washington Street; thence North 2 degrees 39 minutes 17 seconds East, departing said centerline of W. 34th Street Terrace, along said Easterly right-of-way line of Washington Street, a distance of 15.19 feet to a point on the Northerly right-of-way line of said W. 34th Street Terrace; thence North 87 degrees 10 minutes 18 seconds West, departing said Easterly right-of-way line of Washington Street, along said Northerly right-of-way line of W. 34th Street Terrace, a distance of 271.50 feet to a point on the Easterly right-of-way line of Pennsylvania Avenue (Public Street Variable width); thence North 2 degrees 39 minutes 17 seconds East, departing said Northerly right-of-way line of W. 34th Street Terrace, along said Easterly right-of-way line of Pennsylvania Avenue, a distance of 443.50 to the point of beginning. Containing 224,703.30 square feet or 5.16 acres, more or less. Containing 2,489,216 square feet or 57.1445 acres, more or less.

 

is hereby rezoned from Districts R-1.5 (Residential dash 1.5) and B4-5 (Heavy Business/ Commercial) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1033, 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 a preliminary plat, for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit a final plan to the Director of City Planning and Development for approval, indicating plans for landscaping, grading, detailed internal circulation, signage, lighting and a photometric study showing zero foot candles at the property lines prior to issuance of building permit.

 

2.                  The proposed vacation of Washington Street and the west segment of W. 34th Terrace shall be approved prior to issuance of any building permit beyond Phase II of this UR development.

 

3.                  The developer shall continue to work with City Planning and Development staff as it relates to the proposed building architecture and the overall landscaping of the site prior to issuance of a building permit.

 

4.                  The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

5.                  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 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.

 

6.                  The developer shall petition for the vacation of Washington Street between W. 34th Terrace and W. 34th Street as shown on the development plan and relocate sewers as required by the Department of Water Services, the Land Development Division, and Development Services prior to recording of the final plat.

 

7.                  The developer shall verify vertical and horizontal sight distance 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.

 

8.                  The developer shall 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.

 

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.

 

10.              The developer shall submit plans for the abandonment of the existing sewer system in Washington Street, south of W. 34th Street as required by the Land Development Division prior to vacation of the public right-of-way for Washington Street.

 

11.              The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.

 

12.              The developer shall privatize the existing 6” water main along Washington Street and meter it at one end. The water main on the end without the meter will need to be disconnected from the existing water main unless two meters are used. The water main shall be brought up to current Water Services Department water service standards.

 

13.              The developer shall contact Matt Thomas with the Water Services Department for any possible upgrades that might need to be made to the existing sewer main along Washington Street.

 

14.              The developer shall submit a letter to the Parks and Recreation Department from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, drive approaches, curbs, and gutters. The letter shall identify the state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, drive approaches curbs, and gutters as necessary along all development street frontages, as required by the Parks and Recreation Department.

 

15.              The developer shall submit a street tree plan and landscape and maintain landscape for two years. Final plans for landscaping and curb cut need to be approved and a permit must be obtained from the Parks and Recreation Department.

 

16.              The developer shall adhere to the boulevard and parkway standards as defined in the Second Committee Substitute for the Ordinance No. 150544.

 

17.              The developer shall dedicate 2.82 acres of parkland or contribute $47,680.36 in lieu of parkland dedication for the 235 multifamily units in satisfaction of Chapter 88-408-C of the Zoning and Development Code. The development is providing a need for the following:

 

235 multi-family lots x 2 x 0.006 = 2.82 acres

2.82 acres x $16,815.50 = $47,680.36

 

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