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Legislation #: 110194 Introduction Date: 3/17/2011
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SKAGGS
Title: Rezoning an area of approximately 2.39 acres generally located on the east side of Broadway between W. 46th Terrace and W. 47th Street from Districts R-5 and C-3a2 to District C-3a2-p, and approving a preliminary development plan for the same; establishing a conditional effective date for the rezoning. (14131-P-1)

Legislation History
DateMinutesDescription
3/16/2011 Filed by the Clerk's office
3/17/2011 Referred to Planning and Zoning Committee
4/13/2011 Hold On Agenda (4/20/2011)
4/20/2011 Do Pass as a Committee Substitute
4/21/2011 Assigned Third Read Calendar as Substituted
4/28/2011 Councilmember Skaggs Move to Amend
4/28/2011 Passed as Substituted and Amended
4/29/2011 Mayor Veto
5/5/2011 Councilmember Circo Move To Consider
5/5/2011 Passed
6/30/2011 Re-Referred Planning, Zoning & Economic Development Committee
7/13/2011 Hold On Agenda (7/27/2011)
7/27/2011 Hold On Agenda (8/17/2011)
8/17/2011 Hold On Agenda (8/24/2011)
8/24/2011 Referred to "Legislative Session"
8/25/2011 Repealed

View Attachments
FileTypeSizeDescription
110190 110193 110194 Vetoed Referendum.pdf Other 170K vetoed memo
110194.pdf Other 281K Mailing Info
110190, 193, 194, 200, 201.pdf Advertise Notice 50K Affidavit of Publication
110194repealed.pdf Other 151K repealed version
110194.pdf Authenticated 150K AUTHENTICATED
110194.pdf Exhibit 170K veto'd
Other 0K veto'd
Maps 0K Plan map is on file in the City Clerk's Office
C014131P1_STAFFRPT02_15_11.doc Staff Report 551K Staff Report
C014131P1_FACTSHT.xls Fact Sheet 120K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 110194, AS AMENDED

 

Rezoning an area of approximately 2.39 acres generally located on the east side of Broadway between W. 46th Terrace and W. 47th Street from Districts R-5 and C-3a2 to District C-3a2-p, and approving a preliminary development plan for the same; establishing a conditional effective date for the rezoning. (14131-P-1)

 

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 80-11A0882, rezoning an area of approximately 2.39 acres generally located on the east side of Broadway between W. 46th Terrace and W. 47th Street from Districts R-5 (High Apartments) and C-3a2 (Intermediate Business, High Buildings) to District C-3a2-p (Intermediate Business, High Buildings - Limited District), said section to read as follows:

 

Section 80-11A0882. That the area legally described as:

 

All of Lot 1, The Neptune Condominiums, a condominium subdivision, and all that part of  Lot 1, Wornall Park Resurvey, a subdivision of land, both being in the Northwest Quarter of Section 29, Township 49 North, Range 33 West, of the 5th Principal Meridian in Kansas City, Jackson County, Missouri; being bounded and described as follows: Beginning at the Northwest corner of Lot 1 of said Wornall Park Resurvey; thence South 87 degrees 39 minutes 42 seconds East, along the Northerly line of said Lot 1, 353.36 feet; thence Southwesterly, continuing along said Northerly line, along a curve to the right having an initial tangent bearing of South 21 degrees 15 minutes 11 seconds West, with a radius of 172.05 feet, a central angle of 08 degrees 48 minutes 46 seconds and an arc distance of 26.46 feet; thence South 60 degrees 12 minutes 47 seconds East, continuing along said Northerly line, 131.47 feet to the Northeast corner of said Lot 1; thence Southwesterly, along the Easterly line of said Lot 1, along a curve to the right, having an initial tangent bearing of South 29 degrees 47 minutes 13 seconds West with a radius of 303.37 feet, a central angle of 38 degrees 55 minutes 53 seconds and an arc distance of 206.13 feet; thence South 19 degrees 05 minutes 23 seconds East, continuing along said Easterly line, 3.34 feet; thence Southwesterly, continuing along said Easterly line, along a curve to the left, having an initial tangent bearing of South 56 degrees 23 minutes 13 seconds West with a radius of 60.50 feet, a central angle of 46 degrees 04 minutes 13 seconds and an arc distance of 48.65 feet; thence South 10 degrees 18 minutes 49 seconds West, continuing along said Easterly line 9.42 feet; thence North 87 degrees 24 minutes 40 seconds West, 287.78 feet to a point on then Easterly right-of-way line of Broadway, as now established; thence North 02 degrees 24 minutes 53 seconds East, along said right-of-way line, 274.75 feet to the Point of Beginning. Containing 103,987 square feet or 2.39 acres, more or less.

 

is hereby rezoned from Districts R-5 (High Apartments) and C-3a2 (Intermediate Business, High Buildings) to District C-3a2-p (Intermediate Business, High Buildings - Limited District), all as shown outlined on a map marked Section 80-11A0882, 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 provide staff with an aggregate calculation of off street parking for their overall Plaza properties showing/certifying that City code requirements are met at all times.

 

2. That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code.

 

3. That the developer submit a detailed micro storm drainage study to Development Services, in general compliance with adopted standards, including a BMP level of service analysis, prior to approval and issuance of any building permits, and that the developer construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

4. That the developer secure permits to improve the eastern one-half of Broadway Avenue to collector street standards, as required by the Land Development Division, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities, prior to recording the plat.

 

5. That the developer secure permits to improve the southern one-half of 46th Terrace to local street standards, as required by the Land Development Division, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities, prior to recording the plat.

 

6. That the developer secure permits to make improvements required by the approved traffic study as required by the Land Development Division, prior to recording the plat.

 

7. That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

8. That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

9. That the developer subordinate to the City all private interest in the area of any right-of-way dedication, as required by the Land Development Division, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

10. That, after the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications within the planned boundary without the prior written consent of the Land Development Division.

 

11. That the developer 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, stating the condition of the sidewalks, 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, curbs, and gutters as necessary along all development street frontages, as required by the Land Development Division, prior to recording the plat.

 

12. That the developer integrate any relocated streetlights into the existing streetlight system as required by the Land Development Division.

 

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

 

14. That the developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more, prior to recording the plat.

 

15. That the developer grant a BMP Easement to the City, as required by the Land Development Division, prior to recording the plat.

 

16. That prior to requesting or obtaining any building permit, the developer shall petition for and obtain approval for elimination of on-street parking on both sides of Broadway between 47th Street and 46th Terrace of sufficient distance to allow for a southbound exclusive left-turn bay with 130 feet of storage plus taper on Broadway at the intersection with 47th Street, as required by the Public Works Department. 

 

17. That prior to requesting or obtaining a certificate of occupancy for the development, the developer shall do the following, as required by the Public Works Department:

 

(a) re-stripe the road markings on Broadway between 47th Street and 46th Terrace so as to provide for a southbound exclusive left-turn bay with 130 feet of storage plus taper on Broadway at the intersection with 47th Street; and 

 

(b) modify the traffic signals at the intersection of 47th Street and Broadway so as to provide for a protected left-turn phasing for the southbound left-turn movement; and

 

(c) modify the curbs and sidewalks as shown on the development plan.

 

18. That in order to mitigate garage entrance queues extending onto public streets, the developer shall implement the following operational measures, as indicated in the traffic study and as required by the Public Works Department: 

 

(a) ingress at the middle garage entrance (P1) on Broadway shall either be ungated or gated with proximity card reader with the gate being recessed within the building by a minimum of 50 feet so as to provide for storage for a two-car queue within the building;  and

 

(b) ingress at the north garage entrance (P2) on Broadway shall either be ungated or gated with proximity card reader with the gate being recessed within the building by a minimum of 75 feet so as to provide for storage for a three-car queue within the building; and

 

(c) ingress at the south garage entrance (loading/unloading) on Broadway shall be for loading and unloading operations only and shall be ungated; and

 

(d) ingress at the garage entrances on 46th Terrace shall either be ungated or gated with proximity card reader with the gates being recessed within the building by a minimum of 75 feet so as to provide for storage for a three-car queue within the building. 

 

19. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

20. That the developer submit a final 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 detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

21. The developer shall install a curb cutout on the west side of Broadway Avenue between W. 46th Terrace and W. 47th Street as required by the Department of Public Works.

 

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.

 

Section D. This rezoning shall not be effective until a special character overlay district ordinance as proposed by City Plan Commission Case No. 14131-P-2 has been approved by the Council and has taken effect. The overlay district ordinance must take effect within one year from the date of the passage of Ordinance No. 110194.

 

_________________________________________

 

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