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Legislation #: 160214 Introduction Date: 3/24/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 1.68 acre tract of land generally located at the southeast and southwest corners of E. Linwood Boulevard and Harrison Street from Districts R-.05, R-1.5 and B3-2 to District UR to allow an existing vacant building to be redeveloped for use as an apartment building. (14654-UR)

Legislation History
DateMinutesDescription
3/23/2016 Filed by the Clerk's office
3/24/2016 Referred to Planning, Zoning & Economic Development Committee
3/30/2016 Advance and Do Pass, Debate
3/31/2016 Passed

View Attachments
FileTypeSizeDescription
160214.pdf Authenticated 229K Authenticated
160214 Exhibit.pdf Exhibit 1063K Exhibit
160214 Staff Report.pdf Staff Report 3050K Staff Report
160214 Fact Sheet.pdf Fact Sheet 317K Fact Sheet

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ORDINANCE NO. 160214

 

Rezoning a 1.68 acre tract of land generally located at the southeast and southwest corners of E. Linwood Boulevard and Harrison Street from Districts R-.05, R-1.5 and B3-2 to District UR to allow an existing vacant building to be redeveloped for use as an apartment building. (14654-UR)

 

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 88-20A1049, rezoning an area of approximately 1.68 acres generally located at the southeast and southwest corners of E. Linwood Boulevard and Harrison Street from Districts R-.05 (Residential dash .05), R-1.5 (Residential dash 1.5) and B3-2 (Community Business) to District UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A885. That an area legally described as:

 

TRACT 1: Lots 1, 2, 3, 4, and part of Lot 5, Block 1 of Worcester Park, a subdivision located in the SE 1/4 of Section 17, Township 49N, Range 33W, Kansas City, Missouri, more particularly described as follows: Beginning at the SW corner of Lot 5 of said subdivision; thence North 02 degrees 19 minutes 45 seconds East along the West line of said Block 1, a distance of 214.76 feet to the South right of way line of Linwood Avenue, as it now exists, said West line also being the East right of way line of Harrison Street, as it now exists; thence South 87 degrees 06 minutes 37 seconds East along said South right of way line, a distance of 138.21 feet to the East line of said Block 1; thence South 02 degrees 25 minutes 52 seconds West along said East line, a distance of 215.09 feet to the SE corner of Lot 4 of said Block 1; thence North 86 degrees 58 minutes 12 seconds West along the South line of said lot 4, a distance of 52.93 feet; thence South 02 degrees 32 minutes 51 seconds West, a distance of 50.18 feet to the South line of Lot 5 of said Block 1; thence North 86 degrees 54 minutes 28 seconds West along said South line, a distance of 84.71 feet (deed 85') to the point of beginning, containing 38,947.4 sq. ft., more or less, all being subject to easements, restrictions, and rights of way.

 

TRACT 2: Lots 1,2,3, and the North 40.00' of Lot 4 of Block 2 of Worcester Park and Lots 1 and 2 of Linwood Avenue Heights Resurvey, both subdivisions being located in the SE 1/4 of Section 17, Township 49N, Range 33W, Kansas City, Missouri, more particularly described as follows: BEGINNING at the SE corner of the North 40.00' of Lot 4 of said Worcester Park; thence North 02 degrees 07 minutes 50 seconds East along the East line of said Block 2, a distance of 206.04 feet to the South right of way line of Linwood Avenue, as it now exists, said East line also being the West right of way line of Harrison Street, as it now exists; thence North 87 degrees 05 minutes 41 seconds West along said South right of way line, a distance of 137.74 feet to the West line of said Block 2; thence North 86 degrees 34 minutes 13 seconds West along said South right of way line, a distance of 90.33 feet to the West line of Lot 2 of said Linwood Avenue Heights Resurvey; thence South 02 degrees 18 minutes 54 seconds West along said West line, a distance of 117.85 feet to the SW corner thereof; thence South 88 degrees 16 minutes 29 seconds East along the South line of Lots 2 and 1 of Said Linwood Avenue Heights Resurvey, a distance of 90.00 feet to the SE corner of said Lot 1, said SE corner also being on the West line of said Block 2 of Worcester Park; thence South 02 degrees 28 minutes 15 seconds West along the East line of said Linwood Avenue Heights Resurvey and the West line of said Worcester Park, a distance of 90.00 feet to the SW corner of the North 40.00' of Lot 4 of said Block 2; thence South 86 degrees 44 minutes 32 seconds East along the South line of said North 40.00', a distance of 138.97 feet to the point of beginning, containing 38,947.4 sq. ft., more or less, all being subject to easements, restrictions, and rights of way.

 

 

is hereby rezoned from Districts R-.05 (Residential dash .05), R-1.5 (Residential dash 1.5) and B3-2 (Community Business) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1049, 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 development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That the developer submit a UR final plan for approval by staff. The plan shall include the following details:

 

a.                   Provide a wall between 3-4 feet in height on north edge of east parking lot. The wall shall be limestone or brick to match the building or existing retaining wall.

 

b.                  Provide a solid screen of shrubs along the west property line of the east parking lot.

 

c.                   Provide the elevation of proposed fencing meeting the requirements of the Parkway and Boulevard Standards.

 

d.                  That the size of the rooftop deck be reduced in accordance with the agreement with the Hyde Park Neighborhood Association.

 

2.                  That the developer 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, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to issuance of any building permit.

 

3.                  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, 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.

 

4.                  That the owner/developer submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

5.                  That the developer submit an analysis to verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.

 

6.                  That the developer pay $34,610.62 in lieu of parkland dedication.

 

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

Assistant City Attorney