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Legislation #: 170487 Introduction Date: 6/29/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning approximately 4.1 acres generally located east of Mill Street, north of Westport Road, and west of Pennsylvania Avenue from Districts M1-5, UR, and B3-2 to District MPD, and approving an MPD preliminary development plan (also serving as the preliminary plat, and vacating a portion of Mill Street right-of-way) to allow construction of 215 multi-family units, a 120 room hotel, and retail and office space. (10134-MPD-5)

Legislation History
DateMinutesDescription
6/28/2017 Filed by the Clerk's office
6/29/2017 Referred to Planning, Zoning & Economic Development Committee
7/12/2017 Do Pass as a Committee Substitute
7/13/2017 Assigned Third Read Calendar as Substituted
7/20/2017 Passed as Substituted

View Attachments
FileTypeSizeDescription
170487.pdf Authenticated 300K Authenticated
170487 Compared.pdf Compared Version 143K Compared Version
170487 Map.pdf Maps 1083K Docket Map
170487 Staff Report.pdf Staff Report 4482K Staff Report
170487 Fact Sheet.pdf Fact Sheet 605K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170487

 

Rezoning approximately 4.1 acres generally located east of Mill Street, north of Westport Road, and west of Pennsylvania Avenue from Districts M1-5, UR, and B3-2 to District MPD, and approving an MPD preliminary development plan (also serving as the preliminary plat, and vacating a portion of Mill Street right-of-way) to allow construction of 215 multi-family units, a 120 room hotel, and retail and office space. (10134-MPD-5)

 

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 88-20A1108, rezoning an area of approximately 4.1 acres generally located east of Mill Street, north of Westport Road, and west of Pennsylvania Avenue from Districts M1-5 (Manufacturing 1 (dash 5)), UR (Urban Redevelopment), and B3-2 (Community Business (dash 2)) to District MPD (Master Planned Development), said section to read as follows: 

 

Section 88-20A1108. That an area legally described as:

 

Lots 10 through 14 and 41 through 46, J.C. McCoy’s Plat of Westport, a subdivision, that part of Lots 1 through 3, Catherine Purdom Addition, a subdivision, Tract “A”, Mill Street Station, a subdivision, that part of vacated Mill Street, as vacated by Ordinance No. 950652, that part of Mill Street as established by said plats of J.C. McCoy’s Plat of Westport and Mill Street Station, and that part of the Southeast 1/4 of Section 19, Township 49 North, Range 33 West, all in Kansas City, Jackson County, Missouri and being more particularly described as follows: Beginning at the intersection of the north right of way line of Westport Road, as now established and the east right of way line of Mill Street, said point also being the southwest corner of Lot 11 of said J.C. McCoy’s Plat of Westport; thence North 32 degrees 07 minutes 09 seconds West along said east right of way line and the west line of Lots 11 and 12 of said J.C. McCoy’s Plat of Westport, a distance of 222.90 feet; thence South 57 degrees 48 minutes 39 seconds West, a distance of 15.53 feet; thence North 32 degrees 11 minutes 28 seconds West, a distance of 55.43 feet; thence along a curve to the left being tangent to the last described course, having a radius of 313.35 feet, a central angle of 39 degrees 45 minutes 22 seconds, and an arc length of 217.42 feet; thence North 71 degrees 56 minutes 50 seconds West, a distance of 41.49 feet; thence North 73 degrees 51 minutes 24 seconds West, a distance of 20.52 feet; thence North 16 degrees 29 minutes 34 seconds East, a distance of 14.56 feet to the south line of Lot 1 of said Mill Street Station; thence North 88 degrees 01 minutes 47 seconds East (Plat=North 87 degrees 51 minutes 39 seconds East) along said south line, a distance of 11.77 feet to the southwest corner of Tract “A” of said Mill Street Station; thence North 2 degrees 40 minutes 10 seconds East (Plat=North 2 degrees 42 minutes 26 seconds East) along the west line of said Tract “A” and the easterly line of said Lot 1, a distance of 170.79 feet; thence North 32 degrees 07 minutes 10 seconds West (Plat=South 32 degrees 04 minutes 54 seconds East) continuing along said easterly line of Lot 1, a distance of 50.76 feet; thence North 57 degrees 52 minutes 50 seconds East (Plat=South 57 degrees 55 minutes 06 seconds West) continuing along said easterly line of Lot 1, a distance of 10.00 feet; thence North 57 degrees 17 minutes 59 seconds East (Plat=South 57 degrees 18 minutes 27 seconds West) continuing along said easterly line of Lot 1, a distance of 117.50 feet to the west line of Lot 3 of said Catherine Purdom Addition; thence South 32 degrees 07 minutes 09 seconds East along said west line, a distance of 17.00 feet; thence North 57 degrees 17 minutes 59 seconds East, a distance of 112.62 feet to the west right of way line of Pennsylvania Avenue, as now established; thence South 31 degrees 46 minutes 35 seconds East along said west right of way line, also the east line of Lots 14, 41, & 46 of said J.C. McCoy’s Plat of Westport, a distance of 562.18 to the centerline of a vacated alley lying between Lots 9 and 14 of said J.C. McCoy’s Plat of Westport, said alley being vacated by Ordinance No. 37102; thence South 58 degrees 42 minutes 53 seconds West along said centerline, a distance of 75.52 feet to the northerly prolongation of the east line of Lot 10 of said J.C. McCoy’s Plat of Westport; thence South 31 degrees 53 minutes 10 seconds East along said northerly prolongation and said west line of Lot 10, a distance of 147.00 feet to the southeast corner thereof, said point also being on said north right of way line of Westport Road; thence South 58 degrees 43 minutes 02 seconds West along said north right of way line and the south line of Lots 10 and 11 of said J.C. McCoy’s Plat of Westport, a distance of 150.65 feet to the point of beginning; containing 174,925 square feet or 4.016 acres, more or less.

 

is hereby rezoned from Districts M1-5 (Manufacturing 1 (dash 5)), UR (Urban Redevelopment), and B3-2 (Community Business (dash 2)) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1108, 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 preliminary MPD development plan (also serving as a preliminary plat, and vacating a portion of Mill Street right-of-way) for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  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 prior to issuance of any building permits, and the developer shall secure permits to construct any improvements required by the Land Development Division, prior to issuance of any certificate of occupancy.

 

2.                  The developer shall petition for the vacation of the portion of Mill Street as shown on the development plan and relocate sewers as required by the Departments of Water Services, the Land Development Division, and Development Services, prior to issuance of any building permits, or shall propose the vacation of this portion of Mill Street in the final plat.

 

3.                  The developer shall submit verification of vertical and horizontal sight distance for the drive connection to the public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any building permits.

 

4.                  The developer shall pay impact fees as required by Chapter 39 of the City's Code of Ordinances, and as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

5.                  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. 

 

6.                  The developer shall grant a City approved pedestrian right-of-way easement, for the portions of the public sidewalks approved to be outside of the street right-of-way, to the City as required by the Land Development Division, prior to issuance of any building permits.

 

7.                  The developer shall 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.

 

8.                  The developer shall provide acceptable easements and secure permits to relocate sanitary sewers out from under buildings and structures, while continuing to ensure individual service is provided to all proposed lots as required by the Land Development Division prior to issuance of a building permit.

 

9.                  The developer shall pay money in lieu of dedication of parkland in the amount of $97,168.68 or dedicate 2.58 acres of private open space. (Note: credit will be provided for the green rooftop and private open space areas once exact square footage is determined). Calculation is determined as follows: 215 units x .006 x 2 = 2.58 acres x $37,662.28 = $97,168.68.

 

10.              This project is located within the airport height zone established pursuant to Section 6-72 of the Code of Ordinances, with a maximum allowable elevation for any structure of 1800 feet. The applicant will comply with the requirements of Chapter 6, Article III of the Code of Ordinances.

 

11.              The applicant shall submit a final MPD plan for approval by the City Plan Commission, in accordance with 88-520-04 of the Zoning and Development Code.

 

12.              The developer shall include one parking space per unit in the base rent for the multi-family units, and shall not charge a separate fee for these spaces.

 

13.              The developer shall submit a plan with the final MPD plan to minimize noise that would impact the surrounding neighborhoods through the use of limitation of hours for entertainment, limitation of amplification, the use of building materials, screening, landscaping, or other methods.   

 

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 Ordinance 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

Deputy City Attorney