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Legislation #: 140474 Introduction Date: 6/12/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 4.54 acres generally located north of W. 13th Street, east of I-35, about 150 feet south of W. 12th Street and west of a line about 150 feet east of Pennsylvania Avenue, to consider rezoning the site from Districts R-0.5, B 4-5, M 1-5 and B 3-2 to District UR, and approving a development plan for 224 multifamily residential units, on two lots which plan also serves as a preliminary plat. (14463-UR)

Legislation History
DateMinutesDescription
6/12/2014 Filed by the Clerk's office
6/12/2014 Referred to Planning, Zoning & Economic Development Committee
6/18/2014 Advance and Do Pass, Debate
6/19/2014 Passed

View Attachments
FileTypeSizeDescription
140474.pdf Authenticated 539K Authenticated
140474 Staff Report.pdf Staff Report 218K Staff Report
140474 Fact Sheet.pdf Fact Sheet 298K Fact Sheet
2014-05-21 The Summit on Quality Hill Submittal.pdf Plan 10964K plan

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ORDINANCE NO. 140474

 

Rezoning an area of approximately 4.54 acres generally located north of W. 13th Street, east of I-35, about 150 feet south of W. 12th Street and west of a line about 150 feet east of Pennsylvania Avenue, to consider rezoning the site from Districts R-0.5, B 4-5, M 1-5 and B 3-2 to District UR, and approving a development plan for 224 multifamily residential units, on two lots which plan also serves as a preliminary plat. (14463-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 88-20A0958, rezoning approximately 4.54 acres generally located north of W. 13th Street, east of I-35, about 150 feet south of W. 12th Street and west of a line about 150 feet east of Pennsylvania Avenue, to consider rezoning the site from Districts R-0.5 (Residential - 0.5), B 4-5 (Heavy Business/Commercial 4 - dash 5), M 1-5 (Manufacturing 1 - dash 5) and B 3-2 (Community Business 3 - dash 2) to District UR (Urban Redevelopment District), said section to read as follows:

 

Section 88-20A09578. That an area legally described as:

 

A part of Lots 6 through 10 inclusive, all of Lots 11 through 18 inclusive of Block Two, Lykins Place Addition; and

 

Lot 11, a part of Lot 13 and all of Lots 14 through 32 inclusive, Block Three, Lykins Place Addition; and

 

Lot 7 and a part of Lots 8 through 17, inclusive, Block Four, Lykins Place Addition; and

 

All of Lots 1 through 4, inclusive and a part of Lot 5, Block Three, T.S. Case’s Addition; and

 

A part of Lots 1 through 3, inclusive Block Four, T.S. Case’s Addition, being more particularly described as follows: Beginning at a point on the east right-of-way line of Pennslyvania Avenue as now established 24.00 feet north of the southwest corner of Lot 10, Block Two, Lykins Place Addition also being the southwest corner of Lot One, the Cordova Subdivision; thence South 87 degrees 33 minutes 47 seconds East along a line 24 feet north of and parallel to the south line of Lots 6 through 10 inclusive of said Block Two, a distance of 114.83 feet meas. (115.00 platted) to the west line of the existing north-south alley in said Block Two as now established; thence South 01 degrees 58 minutes 11 seconds West along the west line of said alley, a distance of 24.00 feet; thence South 16 degrees 19 minutes 45 seconds East along the west line of said alley, a distance of 16.90 feet; thence South 01 degrees 54 minutes 36 seconds West along the west line of said alley, a distance of 202.41 feet meas. (200.00 platted) to the south line of Lot 18 of said Block Two; thence North 87 degrees 33 minutes 49 seconds West along the south line of said Lot 18, a distance of 120.59 feet meas. (120.00 platted) to the east right-of-way line of Pennslyvania Avenue; thence North 02 degrees 01 minutes 39 seconds East along said east right-of-way line, a distance of 242.41 feet meas. (240.00 platted) to the point of beginning; and also

 

Beginning at the northeast corner of Lot 32, Block Three, Lykins Place Addition also being the intersection of the west right-of-way line of Pennslyvania Avenue with the south line of the east-west alley lying adjacent to on the north side of said Lot 32; thence South 02 degrees 01 minutes 03 seconds West along the west right-of-way line of Pennslyvania Avenue, a distance of 402.50 meas. (402.6 plat) to the north line of Lot 5 Block Three, T.S. Case’s Addition also being the northerly right-of-way line of I-35; thence North 87 degrees 42 minutes 51 seconds West along said north line of Lot 5 and said northerly right-of-way line, a distance of 14.98 meas. (15.00 deed); thence South 48 degrees 13 minutes 01 seconds West along said northerly right-of-way line, a distance of 34.66 feet to the north line of the south one-half of said Lot 5; thence North 87 degrees 47 minutes 28 seconds West along said north line and along said northerly right-of-way line, a distance of 46.01 feet; thence South 67 degrees 45 minutes 43 seconds West along said northerly right-of-way line, a distance of 60.41 feet to the east line of the north-south alley in said Block Three; thence North 87 degrees 20 minutes 58 seconds West along the south line of Lots 1 and 2 of said Block Three and said northerly right-of-way line , a distance of 109.86 meas. (110.00 plat) to the east right-of-way line of Jefferson Street as now established; thence North 02 degrees 03 minutes 36 seconds East along said east right-of-way line and said northerly right-of-way line, a distance of 35.57 feet; thence North 87 degrees 53 minutes 54 seconds West along said northerly right-of-way line, a distance of 60.01 feet meas. (60.00 plat) to the west right-of-way line of Jefferson Street as now established; thence North 27 degrees 24 minutes 33 seconds West along the easterly right-of-way line of I-35, a distance of 132.07 to the south line of the east-west alley lying adjacent to on the north side of Lot 1, Block Four, T.S. Case’s Addition; thence North 02 degrees 44 minutes 11 seconds East along said easterly right-of-way line, a distance of 5.14 feet meas. (5.00 plat) to the centerline of said east-west alley; thence North 87 degrees 15 minutes 49 seconds West along the centerline of said alley and said easterly right-of-way line, a distance of 27.08 feet; thence North 02 degrees 48 minutes 14 seconds East along said easterly right-of-way line, a distance of 65.35 feet; thence North 18 degrees 02 minutes 16 seconds West along said easterly right-of-way line. a distance of 199.70 feet to a point on the west line of Lot 8, Block Four, Lykins Place Addition; thence North 01 degrees 55 minutes 14 seconds East along said west line of Lots 7 and 8 and said easterly right-of-way line, a distance of 44.98 feet to the northwest corner of Lot 7, Block Four, Lykins Place Addition; thence South 87 degrees 27 minutes 26 seconds East along the north line of said Lot 7, a distance of 160.10 meas. (160.00 plat) to the northeast corner of said Lot 7 and the west right-of way line of Jefferson Street as now established; thence South 02 degrees 05 minutes 28 seconds West along said west right-of-way line, a distance of 61.80 feet; thence South 87 degrees 16 minutes 24 seconds East, a distance of 59.09 meas 60.00 (plat) to the east right-of way line of Jefferson Street as now established; thence North 02 degrees 03 minutes 21 seconds East along said east right-of-way line, a distance of 61.84 feet to the northwest corner of Lot 11, Block Three, Lykins Place Addition; thence South 87 degrees 34 minutes 11 seconds East along the north line of said Lot 11, a distance of 120.28 meas. (120.00 plat) to the northeast corner of said Lot 11 and west line of the north-south alley in said block three; thence South 02 degrees 09 minutes 37 seconds West along the west line of said alley, a distance of 62.46 feet; thence South 87 degrees 16 minutes 24 seconds East, a distance of 15.83 meas. (16.00 plat) to the east line of said alley; thence North 02 degrees 05 minutes 22 seconds East along the east line of said alley, a distance of 62.38 feet to the northwest corner of Lot 32 of said Block Three; thence North 87 degrees 10 minutes 50 seconds East along the north line of said Lot 32, a distance of 119.48 meas. (120.00 plat) to the northeast corner of said Lot 32 and the point of beginning; except all of Lot 12 and the north one-half of Lot 13, Block Three, Lykins Place Addition. Containing 4.54 acres more or less.

is hereby rezoned from Districts R-0.5, B 4-5, M 1-5 and B 3-2 to District UR, all as shown outlined on a map marked Section 88-20A0958, 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 (which will also serve as the preliminary plat) 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 88, Code of Ordinances of the City of Kansas City, Missouri.

 

2. That the developer submit a detailed Micro Storm Drainage Study showing compliance with the approved and most current Macro Study on file with the City and with current adopted standards in effect at the time of submission, including a detailed analysis and design of the permanent water quantity and water quality BMP's, conveyance systems and sewer services, prior to approval and issuance of any building permits to construct improvements on the site; that the developer verify and/or improve downstream conveyance systems or address solutions for impacted properties due to flow contributions from the site; and that the developer construct any other improvements as required by the Land Development Division as necessary to mitigate impacts from rate, volume and quality of runoff from the proposed site.

 

3. That the developer 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.

 

4. That the developer submit plans for grading, siltation and erosion control to the Land Development Division for approval prior to beginning any construction activities, clearing or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

5. That the owner/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 during the life of the construction activity.

 

6. 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 for the planned project without the prior written consent of the Land Development Division.

 

7. That the developer grant, on City approved forms, BMP Easements to the City, as required by Chapter 88 and Land Development Division, prior to issuance of any building permits or BMP permits, whichever occurs first.

 

8. That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division for the property and address any inadequacies therein prior to issuance of connection authorization and/or issuance of any Temporary Certificate of Occupancy (TCO).

 

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

 

10. That the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots or across jurisdictional boundaries within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit whichever occurs first.

 

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, to identify sidewalks, curbs, and gutters in disrepair as defined by Public Works Department in "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 on Grand Boulevard and 13th Street 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 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 shown on the revised plan, as required by the Land Development Division and prior to issuance of any building certificate of occupancy permits including temporary certificate occupancy permits.

 

12. That the developer dedicate additional right-of-way for the existing east-west alley along the north side of Lots 1 and 2 as shown on the development plan as required by the Land Development Division so as to provide a total of approximately 30 feet of right-of-way as measured from the north side of the alley to the south side of the alley (back of proposed sidewalks).

 

13. That the developer relocate, extend and abandon water mains as required by the Water Services Department.

 

14. That the developer provide sanitary sewer easements as required by the Water Services Department.

 

15. That the developer provide fire protection as required by the Fire Marshal’s Office, including the provision for siren activated gates.

 

16. That the developer contribute parkland dedication money at a rate of $16,815.50 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code and as anticipated to be as follows:

* 224 MF units x 2 persons/unit x 0.006 acres/person = 2.69 acres

* 2.69 acres – 0.09 = 2.60 acres x $16,815.50 = $43,720.3

 

17. That the developer submit a final UR Development Plan for each project or phase of the development to the Director of Development for approval prior to issuance of a building permit. The final UR Development Plan shall meet the development standards of Chapter 88-400 including plan information, property uses, setback distances, lighting (with a photometric study), landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery; (ii) buildings and dumpster elevation drawings; (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section, streetscaping, signage (including elevations), and architectural characteristics.

 

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 and Development Code 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