KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 090080 Introduction Date: 2/5/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved development plan in District URD on approximately 26 acres generally bounded by 400 feet north of 26th Street on the north, McGee Street and Gillham Road on the east, Union Cemetery on the south and Grand Boulevard on the west. (12485-URD-2)

Legislation History
DateMinutesDescription
1/30/2009 Filed by the Clerk's office
2/5/2009 Referred to Planning and Zoning Committee
2/25/2009 Do Pass
2/26/2009 Assigned to Third Read Calendar
3/5/2009 Passed

View Attachments
FileTypeSizeDescription
090079,80,88,89,90,91,92,93,94.pdf Advertise Notice 70K Affidavit of Publication
090080.pdf Authenticated 478K AUTHENTICATED
C000116S13_FactSheet(1)_01_15_09.doc Fact Sheet 141K fact sheet
C012485URD2_STAFFRPT_11_04_08.DOC Staff Report 121K staff report

Printer Friendly Version

ORDINANCE NO. 090080

 

Approving an amendment to a previously approved development plan in District URD on approximately 26 acres generally bounded by 400 feet north of 26th Street on the north, McGee Street and Gillham Road on the east, Union Cemetery on the south and Grand Boulevard on the west. (12485-URD-2)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved development plan in District URD (Urban Redevelopment District) on approximately 26 acres generally bounded by 400 feet north of 26th Street on the north, McGee Street and Gillham Road on the east, Union Cemetery on the south and Grand Boulevard on the west, and more specifically described as follows:

A tract of land in the South 1/2 of Section 8 and the North 1/2 of Section 17, all in Township 49, Range 33, in Kansas City, Jackson County, Missouri, being part of Lots 11 through 13, inclusive and part of Lot 16, Scarritt & Peery's Subdivision, part of Lot 1, and all of Lots 2 through 20, inclusive, Bouton's 2nd Addition, part of Lot 1, all of Lots 2 through 16, inclusive, part of Lot 17 and all of Lots 18 through 32, Block 1, Vanderventor Place, all of Blocks 12 and 13, Continuation of Hoelzel's Addition, and all of Lots 1 through 59, Union Terminal Addition, all being subdivisions in said city, county and state, together with portions of vacated Walnut Street, a portion of the alley lying between said Lots 1 through 20, Bouton's 2nd Addition, and through said Lot 16, Scarritt & Peery's subdivision, said alley having been vacated by Ordinance No. 940607, a portion of the alley lying between said Lots 1 through 32, Block 1, Vanderventor Place, said alley having been vacated by Ordinance No. 940606, all of the alley lying west of Lots 1 through 10, said Continuation of Hoelzel's Addition, said alley having been vacated by Ordinance No. 17488, passed February 15, 1954, and parts of vacated Warwick Trafficway and McGee Street Trafficway, portions of which having been vacated by Ordinance No. 011346, passed September 27, 2001, together with portions of 27th Street, McGee Street Trafficway and Warwick Trafficway, the alley lying within Block 13, said Continuation of Hoelzel's Addition, and the alleys lying within said Union Terminal Addition, which streets and alleys have not been vacated and are subject to the rights of the public, said tract of land being more particularly described as follows: Beginning at the intersection of the north right-of-way line of 27th Street and the west right-of-way line of Gillham Road, as said street and road are presently established; thence South 0E07'45" East, a distance of 55.00 feet to the intersection of said west right-of-way line of Gillham Road and the south right-of-way line of said 27th Street; thence South 0E15'00" East along said west right-of-way line of Gillham Road, a distance of 395.28 feet to the intersection of said west right-of-way line and the north right-of-way line 27th Street Terrace, as presently established; thence North 89E41'30" West along said north right-of-way line of 27th Street Terrace, and the westerly prolongation thereof, a distance of 456.25 feet to a point on the southwesterly right-of-way line of McGee Street Trafficway, as presently established; thence North 26E44'33" West along said southwesterly right-of-way line, a distance of 124.86 feet to the southeast corner of Lot 2, Union Terminal Addition, thence South 61E27'01" West along the south line of said Lot 2, a distance of 69.48 feet to the southwest corner of said Lot 2, said point also being on the northerly boundary of Union Cemetery; thence the following ten courses along said northerly boundary of Union Cemetery, said boundary also being the southerly boundary of said Union Terminal Addition: North 33E59'00" West, a distance of 156.04 feet; thence northwesterly and westerly along a curve to the left, tangent to the last described course, having a radius of 120.00 feet and a central angle of 92E30'00", an arc distance of 193.73 feet; thence South 53E31'00" West, a distance of 107.23 feet; thence southerly along a curve to the left, tangent to the last described course, having a radius of 100.00 feet and a central angle of 46E02'30", an arc distance of 80.36 feet; thence South 7E28'30" West, a distance of 99.00 feet; thence South 33E51'45" West, a distance of 78.50 feet; thence South 89E46'15" West, a distance of 82.00 feet; thence westerly and northwesterly along a curve to the right, tangent to the last described course, having a radius of 100.00 feet and a central angle of 62E11'00", an arc distance of 108.53 feet; thence northwesterly and westerly along a curve to the left, having a common tangent with the last described curve, a radius of 200.00 feet and a central angle of 62E11'00", an arc distance of 217.06 feet; thence South 89E46'15" West, a distance of 0.84 feet to the northwest corner of said Union Cemetery, said point also being on the northerly prolongation of the east line of Lot 60, said Union Terminal Addition; thence South 89E21'15" West, departing said northerly boundary of Union Cemetery, a distance of 24.11 feet to a point on the east right-of-way line of Grand Boulevard, as presently established; thence northerly along said east right-of-way line, along a curve to the left having an initial tangent bearing of North 8E16'32" East, a radius of 540.00 feet and a central angle of 8E02'19", an arc distance of 75.76 feet; thence North 0E14'13" East along said east right-of-way line, a distance of 202.84 feet to an angle point therein; thence North 45E15'45" East along said east right-of-way line, a distance of 21.21 feet to an angle point therein; thence North 0E15'45" East along said east right-of-way line, and the northerly prolongation thereof, a distance of 35.00 feet to a point on the centerline of 27th Street, as presently established; thence North 89E44'15" West along said centerline, a distance of 2.48 feet; thence northerly along the southerly prolongation of said east right-of-way line of Grand Boulevard and along said east right-of-way line, along a curve to the right having an initial tangent bearing of North 3E12'54" East, a radius of 398.00 feet and a central angle of 21E00'42", an arc distance of 145.96 feet; thence North 24E13'36" East, continuing along said east right-of-way line, a distance of 97.40 feet; thence northerly along said east right-of-way line, along a curve to the left, tangent to the last described course, having a radius of 452.00 feet and a central angle of 24E11'34", an arc distance of 190.85 feet; thence North 0E02'02" East along said east right-of-way line, a distance of 13.87 feet to an angle point therein; thence North 40E54'24" East along said east right-of-way line, a distance of 6.29 feet to a point on the south line of former 26th Street, now a part of the Grand Boulevard right-of-way; thence South 89E44'00" East along said south line, a distance of 104.36 feet to a point on the easterly terminus of said Grand Boulevard right-of-way, said point also being on the westerly terminus of that portion of 26th Street having been vacated by Ordinance No. 011346, passed September 27, 2001; thence North 0E16'00" East along said westerly terminus, a distance of 70.00 feet to a point on the north line of said former 26th Street; thence North 89E44'00" West along said north line, a distance of 104.32 feet to a point on said east right-of-way of Grand Boulevard; thence North 0E02'02" East along said east right-of-way line, a distance of 93.55 feet; thence northerly, continuing along said east right-of-way line, along a curve to the right, tangent to the last described course, having a radius of 398.00 feet and a central angle of 21E26'35", an arc distance of 148.95 feet; thence North 21E28'37" East, continuing along said east right-of-way line, a distance of 33.37 feet; thence South 89E42'59" East, departing said east right-of-way line, a distance of 245.68 feet; thence North 0E01'33" East, a distance of 122.10 feet; thence North 90E00'00" East, a distance of 381.87 feet to a point on the east line of vacated McGee Street Trafficway; thence South 0E00'00" West along said east line, a distance of 877.69 feet to the intersection of said east line and said north right-of-way line of 27th Street; thence South 89E44'15" East along said north right-of-line, a distance of 125.23 feet to the intersection of said north right-of-line with the west line of the Southeast 1/4 of Section 8, Township 49, Range 33; thence South 89E43'23" East, continuing along said north right-of-line, a distance of 458.93 feet to the point of beginning. The above described tract of land contains 24.989 acres, more or less, and is subject to the rights of the City of Kansas City and the rights of the public in and to those portions of streets and alleys contained within and not heretofore vacated.

 is hereby approved, subject to the following conditions:

1. That the developer cause the area to platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer submit an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to approval and issuance of any building permits, and that the developer construct any improvements as required by Development Services prior to issuance of any certificate of occupancy.

 

3. That the developer submit plans for grading and siltation and erosion control to Development Services for acceptance prior to beginning any construction activities.

 

4. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area equals or exceeds one acre.

 

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

 

6. That the developer extend or realign sanitary sewers as required by Development Services.

 

7. That the developer extend or relocate water mains as required by the Water Services Department.

 

8. That the developer dedicate 10 feet of additional right of way with the first plat on the east side of Grand Avenue between 27th Street on the north and the south end of the plan area on the south as shown on the development plan and as required by the Board of Parks and Recreation Commissioners.

 

9. That the developer dedicate additional right of way on 27th Street with the first plat of Parcel B-4 or C-1 from Main Street on the west to Warwick Trafficway on the east so as to provide for a total right of way width of 100 feet as shown on the development plan and as required by the Department of Public Works.

 

10. That the developer dedicate additional right of way on 27th Street with the first plat of Parcel B-4 or C-1 from Warwick Trafficway on the west to Gillham Road on the east so as to provide for a total right of way width of 80 feet as shown on the development plan and as required by the Department of Public Works.

 

11. That the developer improve the intersection of 27th Street and Grand Avenue by constructing one additional eastbound through lane, one eastbound right turn lane, one westbound right turn lane and one northbound right turn lane as shown on the development plan and as required by the Board of Parks and Recreation Commissioners and the Department of Public Works.

 

12. That at the time of recording of the first plat of Parcel B-4 or C-1 the developer shall either: (a) enter into a deferral agreement, as required by Development Services, to provide and install traffic signals at the intersection of 27th Street and Warwick Trafficway at such time that the Public Works Department determines that they are warranted and necessary; or (b) enter into a cooperative agreement, as required by Development Services, to contribute a sum of money, as specified herein, towards the provision and installation of traffic signals at the intersection of 27th Street and Warwick Trafficway at such time that the Public Works Department determines they are warranted, necessary, and funded. Said contribution sum shall initially be $200,000.00 in the year 2008 and shall be increased by a compounded annual rate of five percent per year thereafter so as to account for annual increases in costs of constructing traffic signals.

 

13. That the developer construct an additional left turn lane and through lane on the eastbound and westbound approaches of the intersection of 27th Street and Warwick Trafficway at the time of the first plat of Parcel B-4 or C-1 as required by the Department of Public Works.

 

14. That the developer construct an exclusive right turn lane on the southbound and northbound approaches of the intersection of 27th Street and Warwick Trafficway at the time of the first plat of Parcel B-4 (for southbound right turn) or C-1 (for northbound right turn) as required by the Department of Public Works.

 

15. That at the time of recording of the first plat of Parcel B-4 or C-1 the developer shall either: (a) enter into a deferral agreement, as required by Development Services, to provide and install traffic signals at the intersection of 27th Street and Warwick Trafficway at such time that the Public Works Department determines that they are warranted and necessary; or (b) enter into a cooperative agreement, as required by Development Services, to contribute a sum of money, as specified herein, towards the provision and installation of traffic signals at the intersection of 27th Street and Warwick Trafficway at such time that the Public Works Department determines they are warranted, necessary, and funded. Said contribution sum shall initially be $200,000.00 in the year 2008 and shall be increased by a compounded annual rate of five percent per year thereafter so as to account for annual increases in costs of constructing traffic signals.

 

16. That the developer construct an additional left turn lane and through lane on the eastbound and westbound approaches of the intersection of 27th Street and McGee Trafficway at the time of the first plat of Parcel B-4 or C-1 as required by the Department of Public Works.

 

17. That the developer construct an additional shared left/right through lane on the southbound and northbound approaches of the intersection of 27th Street and McGee Trafficway at the time of the first plat of Parcel B-4 or C-1 as required by the Department of Public Works.

 

18. That the developer construct an exclusive right turn lane on the southbound approach of the intersection of 27th Street and Gillham Road at the time of the first plat of Parcel B-4 or C-1 as required by the Board of Parks and Recreation Commissioners and the Department of Public Works.

 

19. That the developer construct a shared through/right turn lane on the eastbound approach of the intersection of 27th Street and Gillham Road at the time of the first plat of Parcel B-4 or C-1 as required by the Board of Parks and Recreation Commissioners and the Department of Public Works.

 

20. That the developer construct left turn lanes on Gillham Road at the proposed apartment driveways as shown on the development plan at the time of the first plat of Parcel C-3 as required by the Board of Parks and Recreation Commissioners and the Department of Public Works.

 

21. That at the time of the first plat of Parcel B-4 or C-1 the developer shall provide for traffic signal coordination system on 27th Street from Main Street to Gillham Road, on Gillham Road from 27th Street to 31st Street, on 31st Street from Main Street to Gillham Road, and on Main Street from 27th Street to 31st Street, as required by the Department of Public Works. To provide for said traffic signal coordination system, the developer shall either: (a) enter into a deferral agreement, as required by Development Services, to provide and install said traffic signal coordination system at such time that the Public Works Department determines it to be necessary; or (b) enter into a cooperative agreement, as required by Development Services, to pay for provision and installation of said traffic signal coordination system at such time that the Public Works Department determines it to be necessary.

 

22. That the developer provide for a truck loading and unloading dock on the premises as required by Development Services.

 

23. That the developer file an application for the approval of an encroachment license for any overhead pedestrian walkways as required by Development Services.

 

24. That the developer submit a street tree planting plan as part of the final plat with a copy to be submitted to the Department of City Development, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

 

25. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding: property uses, setback distances, lighting, landscaping and architectural characteristics.

 

26. That the developer shall have the right to seek or apply for such public funding of the street improvements identified in these conditions as may be available at the time such improvements are required to be constructed.

 

27. That the developer submit a letter 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, alleys, curbs, and gutters. The letter must identify 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, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, alleys, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to recording of the final plat.

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is made a part hereof.

Section B. That the City 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