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Legislation #: 951122 Introduction Date: 8/17/1995
Type: Ordinance Effective Date: 9/24/1995
Sponsor: None
Title: Amending Chapter 65, Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 65.010A2596, rezoning an area of approximately 32 acres generally bounded by Linwood Boulevard, Gillham Plaza, Main Street, 34th Street and the alley north of 34th Street from Districts R-4 (Low Apartments) and URD (Urban Redevelopment District) to District URD (Urban Redevelopment District), and approving a development plan for the same. (10744-URD-5)

Legislation History
DateMinutesDescription
8/17/1995

Prepare to Introduce

8/17/1995

Referred Planning, Zoning & Economic Development Committee

9/6/1995

Do Pass

9/7/1995

Assigned to Third Read Calendar

9/14/1995

Passed


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ORDINANCE NO. 951122

 

Amending Chapter 65, Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 65.010A2596, rezoning an area of approximately 32 acres generally bounded by Linwood Boulevard, Gillham Plaza, Main Street, 34th Street and the alley north of 34th Street from Districts R-4 (Low Apartments) and URD (Urban Redevelopment District) to District URD (Urban Redevelopment District), and approving a development plan for the same. (10744-URD-5)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 65, Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 65.010A2596, rezoning an area of approximately 32 acres generally bounded by Linwood Boulevard, Gillham Plaza, Main Street, 34th Street and the alley north of 34th Street from Districts R-4 (Low Apartments) and URD (Urban Redevelopment District) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 65.010A2596. That an area legally described as:

 

TRACT 1: Part of the South 1/2 of Section 17, Township 49 North, Range 33 West of the 5th P.M., Kansas City, Jackson County, Missouri generally bounded by Main Street on the west, Linwood Boulevard on the north, Gillham Plaza on the east, and the alley between 33rd Street and 34th Street on the south and all more particularly bounded as follows: Beginning at the southeast corner of Lot 4, Halsey & Dudley's Addition, a subdivision of land in Kansas City, Jackson County, Missouri; thence North 8718'47" West, (this bearing and all subsequent bearings are based on the Kansas City, Missouri Metro Control Project 1987 thru 1989) 120.02 feet to a point 10.00 feet easterly from the southwest corner of said Lot 4, said point being on the east right of way line of Main Street as established by Kansas City, Missouri Ordinance No. 1289, approved and passed in March of 1890; thence North 218'35" East on said east right of way line, 872.50 feet to a point on the west line of Lot A, Talbott Place, a subdivision of land in Kansas City, Jackson County, Missouri, said point being on the south right of way line of Linwood Boulevard as established by Kansas City, Missouri Ordinance No. 36036, approved and passed in November of 1919; thence North 7405'03" East on said south right of way line, 165.96 feet (168.67 feet by ordinance) to a point 25.00 feet southerly from the north line of said Lot A; thence South 8713'24" East on said south right of way line, 937.17 feet to a point on the east line of Lot 12, said Talbott Place, said point being 25.00 feet southerly from the northeast corner of said Lot 12; thence South 8131'03" East on said south right of way line, 50.29 feet to the southwest corner of Lot 13 of said Talbott Place; thence South 8713'24" East on said south right of way line, 135.00 feet to the southeast corner of said Lot 13; thence South 8639'15" East, on said south right of way line, 14.00 feet to a point on the west line of Lot 29, Springfield Park, a subdivision of land in Kansas City, Jackson County, Missouri, said point being 17.50 feet northerly from the southwest corner of said Lot 29; thence South 8706'12" East on said south right of way line 129.94 feet to a point on the east line of said Lot 29, said point being 17.50 feet northerly from the southeast corner of said Lot 29; thence South 6751'55" East on said south right of way line, 53.15 feet to the northwest corner of Lot 45 of said Springfield Park; thence South 8706'12" East on said south right of way line, 131.61 feet to a point 5.00 feet easterly from the northeast corner of said Lot 45 and on the easterly prolongation of the north line of said Lot 45; thence North 220'37" East on said south right of way line, on a line 5.00 feet easterly from, and parallel with, the east line of Lots 46 and 47 of said Springfield Park, 58.47 feet (58.44 feet by ordinance); thence North 6900'00" East on said south right of way line, 33.72 feet to a point on the west right of way line of Robert Gillham Road (now known as Gillham Plaza) as established by Kansas City, Missouri Ordinance No. 50154, approved and passed in July of 1925; thence northeasterly on a curve to the right of said west right of way line, said curve having a radius of 200.00 feet, a central angle of 1159'21" (1439' by ordinance), an arc length of 41.85 feet (51.14 feet by ordinance) to a point of compound curvature; thence continuing southeasterly on a curve to the right of said west right of way line, said curve having a radius of 50.00 feet, a central angle of 10255'36" (10026'13" by ordinance), an arc length of 89.82 feet (87.65 feet by ordinance) to a point of tangency; thence South 354'57" West on said west right of way line, 249.56 feet (242.39 feet by ordinance) to a point of curvature; thence continuing southwesterly on a curve to the right of said west right of way line, said curve having a radius of 300.00 feet, a central angle of 3311'47" (3314'33" by ordinance), an arc length of 173.82 feet (174.06 feet by ordinance) to a point of tangency; thence South 3706'44" West on said west right of way line, 210.51 feet (218.23 feet by ordinance) to a point on the south line of Lot 11, Block 4, Tullis Park, a subdivision of land in Kansas City, Jackson County, Missouri; thence North 8707'53" West on said west right of way line 81.13 feet (80.81 feet by ordinance) to the southwest corner of said Lot 11; thence South 7923'31" West on said west right of way line, 51.30 feet to the southeast corner of Lot 6, Block 5 of said Tullis Park; thence South 218'37" West on said west right of way line, 90.02 feet to the southeast corner of Lot 7, Block 5 of said Tullis Park; thence South 8707'12" East on said west right of way line, 5.80 feet to the northeast corner of Lot 25, E. Chellis's Resurvey of Chellis & Dudley's 1st Addition, a subdivision of land in Kansas City, Jackson County, Missouri; thence South 219'58" West on said west right of way line 79.60 feet to the southeast corner of Lot 26 of said E. Chellis's Resurvey of Chellis & Dudley's 1st Addition; thence South 3706'44" West on said west right of way line, 144.41 feet to the south line of Lot 29, of said E. Chellis's Resurvey of Chellis & Dudley's 1st Addition; thence North 8707'12" West on said west right of way line, 49.10 feet to the southwest corner of said Lot 29; thence North 219'58" East on the west line of Lots 27, 28 and 29 of said E. Chellis's Resurvey of Chellis & Dudley's 1st Addition, 107.35 feet to the intersection with the easterly prolongation of the south line of Lots 1 thru 29, Dudley and Hornbeck's Allotment, a subdivision of land in Kansas City, Jackson County, Missouri; thence North 8718'39" West on the south line of Lots 1 thru 29 inclusive, of said Dudley and Hornbeck's Allotment and the east-west prolongation of said south line, 1178.45 feet to the east line of Lot 30 of said Dudley and Hornbeck's Allotment; thence South 218'59" West on the east line of said Lot 30 and the east line of Lots 1 thru 4 inclusive of said Halsey & Dudley's Addition, 155.49 feet to the point of beginning.

 

TRACT 2: That part of Linwood Boulevard right of way as established by Kansas City, Missouri Ordinance No. 36036, approved and passed in November of 1919 described as follows: Beginning at the intersection of the south right of way line of said Linwood Boulevard right of way and the east line of Lot 29, Springfield Park, a subdivision of land in Kansas City, Jackson County, Missouri, said point being 17.50 feet northerly from the southeast corner of said Lot 29; thence South 6751'55" East (this bearing and all subsequent bearings are based on the Kansas City, Missouri Metro Control Project 1987 thru 1989) on said south right of way line, 53.15 feet to the northwest corner of Lot 45 of said Springfield Park; thence South 8706'12" East on said south right of way line, 131.61 feet to a point 5.00 feet easterly from the northeast corner of said Lot 45 and on the easterly prolongation of the north line of said Lot 45; thence North 220'37" East on said south right of way line, on a line 5.00 feet easterly from, and parallel with, the east line of Lots 46 and 47 of said Springfield Park, 58.47 feet (58.44 feet by ordinance); thence South 8009'45" West, 185.80 feet to the point of beginning.

 

TRACT 3: That part of Robert Gillham Road right of way (now known as Gillham Plaza) as established by Kansas City, Missouri Ordinance No. 50154, approved and passed in July of 1925 and described as follows: Beginning at the intersection of the west right of way line of said Robert Gillham Road and the south line of Lot 11, Block 4, Tullis Park, a subdivision of land in Kansas City, Jackson County, Missouri, thence North 8707'53" West, (this bearing and all subsequent bearings are based on the Kansas City, Missouri Metro Control Project 1987 thru 1989) on said west right of way line 81.13 feet (80.81 feet by ordinance) to the southwest corner of said Lot 11; thence South 7923'31" West on said west right of way line, 51.30 feet to the southeast corner of Lot 6, Block 5 of said Tullis Park; thence South 218'37" West on said west right of way line, 90.02 feet to the southeast corner of Lot 7, Block 5 of said Tullis Park; thence South 8707'12" East on said west right of way line, 5.80 feet to the northeast corner of Lot 25, E. Chellis's Resurvey of Chellis & Dudley's 1st Addition, a subdivision of land in Kansas City, Jackson County, Missouri; thence South 219'58" West on said west right of way line 79.60 feet to the southeast corner of Lot 26 of said E. Chellis's Resurvey of Chellis & Dudley's 1st Addition; thence North 3706'44" East, 219.65 feet to the point of beginning.

 

TRACT 4: Lot 38, Halsey & Dudley's Addition, a subdivision lying in Kansas City, Jackson County, Missouri.

 

is hereby rezoned from Districts R-4 (Low Apartments) and URD (Urban Redevelopment District) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 65.010A2596, 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 65.010 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 Engineer for approval with provisions for any needed improvements for the entire development when the

first plat is submitted.

 

3. That the developer petition for the vacation of all interior streets and alleys as required.

 

4. That the developer dedicate additional right of way for Main Street as required so as to provide 50 feet of right of way as measured from the centerline of Main Street.

 

5. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to the commencement of any construction.

 

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

 

7. That the developer comply with the parkway standards with regard to the width of the curb cuts onto Linwood Boulevard and Gillham Plaza.

 

8. That the development submit a traffic study to the City Engineer for approval and make any recommended improvements as required by the traffic study.

 

9. That the developer submit a site plan for approval which incorporates the following landscaping, building elevation, and landscaping recommendations:

 

a. each parking aisle shall include a landscaped island at the end, with at least

one specimen or ornamental tree and shrubbery as appropriate;

 

b. landscaping shall be provided along all major circulation routes within the

project area;

 

c. the developer shall provide and plant materials along the perimeter of the site

to create the proposed landscape zone, with approval of the Board of Parks

and Recreation Commissioners;

 

d. the developer shall provide landscaping along Main Street where appropriate;

 

e. within the parking lot, a minimum of one ornamental or specimen tree per ten

parking spaces shall be provided. This figure shall include trees along the

major circulation routes, but shall not include plantings within the proposed

landscape zone along Linwood Boulevard or Gillham Plaza or along Main

Street;

 

f. all exterior building walls shall be faced with brick, stone, aggregate block,

or other materials comparable in quality and appearance;

 

g. architectural features and/or landscaping shall be provided for regular

interruptions and breaks in wall facades;

 

h. screen walls shall be built to an adequate height so as to screen all rooftop

mechanicals from view for the perimeter of the site;

 

i. buildings along the Main Street frontage should be designed to reflect the

standards of the Main Street Special Review District to the extent possible,

however, the project shall not be subject to review and approval under the

Special Review District regulations;

 

j. all site signage, especially along the Main Street frontage, should reflect the

guidelines of the Main Street Special Review District when possible,

however the project shall not be subject to review and approval under the

Special Review District guidelines;

 

k. building tower signs, in addition to not exceeding two and a half times the

height of the major retail building, shall not exceed 40 feet in height;

 

l. all site lighting shall be directed away from neighboring residential areas;

 

m. all retaining and screening walls along the south side of the site shall be

landscaped so as to soften their impact upon the adjacent residences;

 

n. a solid wall, of materials comparable in quality and appearance to the

building wall materials, shall be constructed along the south drive and truck

dock area at a height adequate to screen the residences to the south from truck

lights and noise; and

 

o. internal and external pedestrian linkages shall be provided throughout the site

to connect the stores and pedestrian facilities. These walkways shall be

identifiable by type of walkway material, landscaping, lighting, etc.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 951122, 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:

 

 

 

___________________________________

Assistant City Attorney