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Legislation #: 140434 Introduction Date: 5/29/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 19.5 acres generally located south of the KC Terminal Railway, west of Harrison Street, north of E. 22nd Street and east of Holmes Street from Districts R-0.5, B4-5 and M1-5 to District UR, and approving a development plan which also serves as a preliminary plat for hospital, office, retail, hotel and residential uses. (14457-UR)

Legislation History
DateMinutesDescription
5/29/2014 Filed by the Clerk's office
5/29/2014 Referred to Planning, Zoning & Economic Development Committee
6/4/2014 Advance and Do Pass, Debate
6/5/2014 Passed

View Attachments
FileTypeSizeDescription
140434.pdf Authenticated 437K Authenticated
140434 Staff Report.pdf Staff Report 138K Staff Report
140434 Fact Sheet.pdf Fact Sheet 244K Fact Sheet
41278-L_5-5-14.pdf Plan 4130K Proposed Vacations
TMC-Re-Zoning Preliminary Platt S003.pdf Plan 3673K Development Plan

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ORDINANCE NO. 140434

 

Rezoning an area of approximately 19.5 acres generally located south of the KC Terminal Railway, west of Harrison Street, north of E. 22nd Street and east of Holmes Street from Districts R-0.5, B4-5 and M1-5 to District UR, and approving a development plan which also serves as a preliminary plat for hospital, office, retail, hotel and residential uses. (14457-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 88-20A0955, rezoning an area of approximately 19.5 acres generally located south of the KC Terminal Railway, west of Harrison Street, north of E. 22nd Street and east of Holmes Street from districts R-0.5 (Residential 0.5), B4-5 (Heavy Business / Commercial dash 5) and M1-5 (Manufacturing 1 dash 5) to District UR (Urban Redevelopment District), said section to read as follows:

 

Section 88-20A0955. That an area legally described as:

 

Beginning at the intersection of the centerline of Harrison Street and the centerline of 22nd Street, as now established; thence North 89 degrees 25 minutes 51 seconds West along the centerline of said 22nd Street, a distance of 1,117.05 feet to the centerline of Holmes Street, as now established; thence North 0 degrees 03 minutes 37 seconds East along the centerline of Holmes Street, a distance of 673.23 feet; thence South 89 degrees 56 minutes 23 seconds East, a distance of 28.00 feet to a point on the south line of KC Terminal Railway; thence this and the following courses along said south line, North 62 degrees 01 minutes 31 seconds East, a distance of 29.45 feet; thence South 89 degrees 19 minutes 53 seconds East, a distance of 112.01 feet; thence North 0 degrees 03 minutes 37 seconds East, a distance of 25.21 feet; thence South 89 degrees 29 minutes 04 seconds East, a distance of 185.50 feet; thence North 0 degrees 00 minutes 36 seconds East, a distance of 20.00 feet; thence South 89 degrees 29 minutes 04 seconds East, a distance of 177.01 feet; thence South 0 degrees 00 minutes 21 seconds East, a distance of 31.10 feet; thence South 89 degrees 29 minutes 04 seconds East, a distance of 24.54 feet; thence along a curve to the right, having an initial tangent bearing of North 14 degrees 39 minutes 16 seconds East, a radius of 188.96 feet, a central angle of 25 degrees 44 minutes 24 seconds, an arc length of 84.89 feet; thence South 89 degrees 29 minutes 04 seconds East, distance of 99.57 feet; thence North 0 degrees 00 minutes 00 seconds East, a distance of 76.10 feet; thence South 89 degrees 29 minutes 04 seconds East, a distance of 324.76 feet; thence along a curve to the right tangent to the last described course, with a radius of 283.45 feet, a central angle of 14 degrees 19 minutes 32 seconds, an arc length of 70.82 feet; thence departing said south line, South 90 degrees 00 minutes 00 seconds East, a distance of 30.00 feet to the centerline of said Harrison Street; thence South 0 degrees 00 minutes 00 seconds West, a distance of 844.89 feet to the point of beginning. The above description was written by Anderson Survey Company and contains 861,267 square feet or 19.772 acres, more or less.

 

is hereby rezoned from Districts R-0.5 (Residential 0.5), B4-5 (Heavy Business / Commercial dash 5) and M1-5 (Manufacturing 1 dash 5) to District UR (Urban Redevelopment District) all as shown outlined on a map marked Section 88-20A0955, 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, as amended, or processed pursuant to the Minor Subdivision regulations, as required by Land Development Division.

 

2. That the developer dedicate additional right of way for 22nd Street as required by the Land Development Division so as to provide a total of 50 feet of right of way as measured from the centerline of 22nd Street; so as to provide a minimum of 100 feet of right of way for 22nd Street according to MSP.

 

3. That the developer submit a detailed micro storm drainage study, in general compliance with adopted standards, including extended detention analysis for combined sewer MS4 area, prior to approval and issuance of any building permits to modify any site, that the developer verify and/or improve downstream conveyance systems to address changes in flow characteristics leaving the site and that the developer construct any other improvements as required by the Land Development Division as necessary to mitigate changes in rate, volume, and quality of runoff from the proposed site improvements.

 

4. That the developer dedicate additional right of way by separate deed or by final plat for (Holmes, Charlotte, 22nd Street) as required by the adopted Major Street Plan (MSP) and Chapter 88 so as to provide adequate right of way along all development frontage and to comply with approved cross sectional geometry as required by the MSP and Public Works Department, or seek approval recommendations from the Transportation and Development Committee for any variances requested to the MSP prior to City Plan Commission approval.

 

5. That the developer dedicate an additional 12 feet on Charlotte Street for a total of 75 feet of right of way and 37.5 feet measured from the centerline of Charlotte as required by the Land Development Division.

 

6. That the developer subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and that the owner/developer be responsible for all costs associated with subordination activities now and in the future.

 

7. 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 without the prior written consent of the Land Development Division.

 

8. That the developer amend the development plan prior to final approval of the plan after submitting 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 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 certificate of occupancy permits.

 

9. 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.

 

10. That the developer submit plans for grading, siltation and erosion control to the Land Development Division for review and approval prior to beginning any construction activities.

 

11. That the owner/developer verify adequate capacity of the existing sewer system and mitigate inadequacies as required by the Land Development Division for the amended use of the property prior to connections and/or issuance of any certificate of occupancy (TCO), whichever occurs first.

 

12. That if public streetlight relocation(s) are necessary, the developer provide public street lighting plans for integration into the existing streetlight system, as required by the Land Development Division (LDD). Owner / developer shall obtain permit from LDD, prior to beginning construction within the public right-of-way and prior to recording the final plat.

 

13. That the developer submit a recorded "Conveyance of Easement for BMPs" to show location, design, and owner maintenance obligations for the on-site BMP(s) required to serve CSO retention and attenuation goals for development storm water runoff. The easement will be reviewed and processed by the Land Development Division for acceptance by the City, prior to recording the final plat.

 

14. That the developer design and construct all interior streets to City standards, as required by the Land Development Division, including curb and gutter, storm sewers, streetlights, and sidewalks, with any requested exceptions to the standards noted on the typical details shown on the approved development plan.

 

15. That the developer install a traffic signal at E. 22nd Street and Campbell Street in the First Phase of construction as required by the Streets and Traffic Division.

 

16. That the developer work with the Water Services Department to privatize the public water main within existing Campbell Street, north of E. 21st Street.

 

17. That the developer abandon or relocate water mains as required by the Water Services Department.

 

18. 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 if residential development occurs on the site.

 

19. That the developer submit a final UR Development Plan for each project or phase of the development to the Director of City 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.

 

20. That the developer provide fire protection as required by the Fire Marshal’s Office.

 

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 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