COMMITTEE SUBSTITUTE FOR ORDINANCE NO.
040703
Amending
Chapter 80, Code of Ordinances, by adding a new section to be known as Section
80-11A0563, rezoning an area of approximately 4.77 acres generally located on
the east side of Main Street between 44th Street and 45th Street from District
C-3a2-p to District URD, and approving a development plan for the same.
(8670-URD-8)
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri,
commonly known as the Zoning Ordinance, is hereby amended by enacting a new
section to be known as Section 80-11A0563, rezoning an area of approximately
4.77 acres generally located on the east side of Main Street between 44th
Street and 45th Street from District C-3a2-p (Intermediate Business, High
Buildings - Limited District) to District URD (Urban Redevelopment District),
said section to read as follows:
Section
80-11A0563. That an area legally described as:
All of Lot 1, MAIN PLAZA - FIRST PLAT, recorded in Plat Book K-35 at Page 109
and all that part of a tract of land described in the Special Warranty Deed,
filed as Document No.98K-54200 in Book K-3290 at Page 567 which includes all of
Lots 1 through 10 inclusive, Main Street Addition, together with all of Lots
24, 25 and Lots 35 through 40 inclusive, West Estate (sometimes referred to as
West Estates Subdivision), also all that part of Lots 41 and 42 of said West
Estate which are not included in said Main Plaza - First Plat, each being a
subdivision of land in the Northwest Quarter of Section 29, Township 49, Range
33, in Kansas City, Jackson County, Missouri, all being more particularly
described as follows:
Beginning
at the northeast corner of Lot 35, of said West Estate, said point being the
intersection of the southerly right-of-way line of 44th Street with the
westerly right-of-way line of Walnut Street, as said Streets are now both
established; thence South 02 degrees 32 minutes 10 seconds West, Measured
(South 02 degrees 36 minutes 31 seconds West, Deed and Plat) along the westerly
right-of-way line of said Walnut Street, being also along the easterly line of
Lots 35 through 40 inclusive of said West Estate, and along a portion of the easterly
line of Lot 1, of said Main Plaza - First Plat, a distance of 379.88 feet, Deed
and Measured (379.91 feet, Plat) to a jog in the easterly line of said Lot 1;
thence South 87 degrees 24 minutes 18 seconds East along a jog in the easterly
line of said Lot 1, a distance of 2.89 feet; thence South 02 degrees 35 minutes
42 seconds West along the easterly line of said Lot 1, a distance of 384.29
feet to the southeast corner of said Lot 1, being also a pont on the northerly
right-of-way line of 45th Street, as now established; thence southwesterly and
westerly, along the northerly right-of-way line of said 45th Street, being also
along the southerly line of said Lot 1, along a curve to the right having an
initial tangent bearing of South 75 degrees 58 minutes 15 seconds West, a
radius of 908.80 feet and
a central angle of 15 degrees 01 minute
17 seconds, an arc length of 238.26 feet to a point of compound curve; thence
westerly, northwesterly and northerly along said northerly right-of-way line,
being also along the southerly line of said Lot 1, along a curve to the right,
tangent to the last described curve, having a radius of 15.00 feet and a
central angle of 91 degrees 36 minutes 10 seconds, an arc length of 23.98 feet
to a point on the easterly right-of-way line of Main Street, as now
established; thence North 02 degrees 35 minutes 42 seconds East, tangent to the
last described curve, along said easterly right-of-way line and along the
westerly line of said Lot 1, a distance of 406.93 feet to the most westerly
northwest corner of said Lot 1, being also a point on the southerly line of Lot
10 of said Main Street Addition; thence North 87 degrees 24 minutes 18 seconds
West along the southerly line of said Lot 10, being also along a jog in the
easterly right-of-way line of said Main Street, a distance of 10.00 feet to the
southwest corner of said Lot 10; thence North 02 degrees 28 minutes 52 seconds
East, Measured (North 02 degrees 35 minutes 42 seconds East, Deed) along the
easterly right-of-way line of said Main Street, being also along the westerly
line of Lots 10 through 1, inclusive of said Main Street Addition and along the
westerly line of Lots 25 and 24 of said West Estate, a distance of 379.45 feet,
Measured (380.13 feet, Deed), to the northwest corner of said Lot 24, being
also the point of intersection of said easterly right-of-way line with the
southerly right-of-way line of said 44th Street; thence South 87 degrees 29
minutes 57 seconds East, Measured (South 87 degrees 20 minutes 48 seconds East,
Deed), along said southerly right-of-way line, being also along the northerly
line of Lots 24 and 35 of said West Estate, a distance of 257.48 feet, Measured
(257.20 feet, Deed) to the point of beginning. Containing 199,938 square feet
or 4.590 acres, more or less.
is hereby rezoned from District C-3a2-p (Intermediate
Business, High Buildings - Limited District) to District URD (Urban
Redevelopment District), all as shown outlined on a map marked Section
80-11A0563, 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 as an amendment to Section 80-11 thereof.
Section B. That a development plan 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 66, Code of Ordinances of the City of Kansas City, Missouri, as
amended, commonly known as the Subdivision Regulations.
2. That
the developer submit a storm drainage study to the City Engineers Office for
approval and that the developer construct any improvements as required by the
City Engineers Office.
3. That
the developer submit plans for grading and siltation and erosion control to the
City Engineer's Office for approval prior to beginning any construction
activities.
4. That
the developer secure a land disturbance permit from the Department of Public
Works prior to beginning any construction, grading, clearing or grubbing
activities, if the disturbed area exceeds one acre.
5. That
the developer secure a land disturbance permit from the Missouri Department of
Natural Resources.
6. That
the developer install storm sewers as required by the Department of Public
Works.
7. That
the developer provide for fire protection as required by the Fire Department.
8. That
the developer install, loop, remove and/or relocate water mains and fire
hydrants as required by the Water Services Department.
9. That
the developer enter into an agreement at the time of the final plat that
additional right of way will be dedicated on the east side of Main Street as
required by the Department of Public Works so as to provide a total of 50 feet
of right of way as measured from the centerline of Main Street without charge
to the City at such time that Main Street is to be widened on the east side of
Main Street beyond the width called for by this Plan.
10. That
the developer dedicate additional right of way on the south side of 44th Street
as required by the Department of Public Works so as to provide a total of 28
feet of right of way as measured from the centerline of 44th Street.
11. That
the developer improve 44th Street to a 36 foot pavement width between Main
Street and Walnut Street as required by the Department of Public Works.
12. That
the developer enter into an agreement with the City as required by the
Department of Public Works whereby the developer agrees to contribute a maximum
amount of $60,000.00 for the installation of a traffic signal at 44th Street
and Main Street.
13. That
the developer continue to provide for interim landscaping for Phase III until
such time that construction begins for Phase III.
14. That
the developer provide a hard wired connection between the traffic signals
located at 43rd Street and Main Street, 44th Street and Main Street, and 45th
Street and Main Street at such time as Phase III is platted as required by the
Department of Public Works.
15. That
the developer submit a final plan to the City Plan Commission for approval
including plans for landscaping, grading and lighting, with the applicant
providing a photometric study showing no more than zero footcandles at the
property line, prior to the issuance of any building permit.
A copy of said development plan is on file in the office of
the City Clerk under Document No. 040703, which is attached hereto and 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 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