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Legislation #: 081267 Introduction Date: 12/18/2008
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 8.78 acres generally bounded by E. 9th Street on the south, Euclid Avenue on the west, Brooklyn Avenue on the east and E. 7th Street on the north (825 Euclid Avenue) from District R-5 to District PD/R-5, and approving a preliminary development plan for the same. (13967-PD-1)

Legislation History
DateMinutesDescription
12/18/2008 Filed by the Clerk's office
12/18/2008 Referred to Planning and Zoning Committee
1/7/2009 Hold On Agenda (1/21/2009)
1/28/2009 Do Pass as a Committee Substitute
1/29/2009 Assigned Third Read Calendar as Substituted
2/5/2009 Councilmember Riley Move to Amend
2/5/2009 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
081267.pdf Authenticated 210K authenticated
aff of pub 081263.pdf Advertise Notice 63K Affidavit of Publication
advertising.pdf Advertise Notice 68K Advertise Notice
13967P FACT SHEET.doc Fact Sheet 57K Fact Sheet
C013967PD1_STAFFRPT10_21_08.doc Staff Report 53K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081267, AS AMENDED

 

Rezoning an area of approximately 8.78 acres generally bounded by E. 9th Street on the south, Euclid Avenue on the west, Brooklyn Avenue on the east and E. 7th Street on the north (825 Euclid Avenue) from District R-5 to District PD/R-5, and approving a preliminary development plan for the same. (13967-PD-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 80-11A0825, rezoning an area of 8.78 acres generally bounded by E. 9th Street on the south, Euclid Avenue on the west, Brooklyn Avenue on the east and E. 7th Street on the north (825 Euclid Avenue) from District R-5 (High Apartments) to District PD/R-5 (Planned District/High Apartments), said section to read as follows:

 

Section 80-11A0825. That an area legally described as:

 

Starting at a point at the intersection of the east right-of-way line of Euclid Avenue and the south right-of-way line of 7th Street, said point being the point of beginning; thence S871603E along said south right-of-way line and easterly prolongation a distance of 620.79 feet to the point of intersection of the south line of the vacated 7th Street and the west right-of-way line of Brooklyn Avenue; thence S021444W along said west right-of-way line a distance of 292.52 feet to the point of intersection of the west right-of-way line of Brooklyn Avenue, and the north right-of-way line of 8th Street; thence N871632W along said north right-of-way line a distance of 158.18 feet to the point of intersection of the north right-of-way line of 8th Street and the northerly prolongation of the west line of the north-south alley; thence S021145W along said northerly prolongation and west line a distance of 377.47 feet to the point of intersection of the west line of the north-south alley and the north-right-of-way line of 9th Street; thence N872545W along said north right-of-way line a distance of 463.02 feet to the point of intersection of the north right-of-way line of 9th Street and the east right-of-way line of Euclid Avenue; thence N021519E along said east right-of-way line a distance of 322.71 feet to the point of intersection of the east right-of-way line of Euclid Avenue and the south line of vacated 8th Street; thence N021316E along said east right-of-way line a distance of 56.00 feet to the point of intersection of the east right-of-way line of Euclid Avenue and the north line of vacated 8th Street; thence N021529E along said east right-of-way line a distance of 292.61 feet to the point of beginning, said tract containing 356,613 square feet or 8.187 acres more or less.

 

is hereby rezoned from District R-5 (High Apartments) to District PD/R-5 (Planned District/High Apartments), all as shown outlined on a map marked Section 80-11A0825, 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 cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2.                  That the developer receive the approval of the Board of Zoning Adjustment for any necessary variances as determined by the Permit Division and approval of a signage plan.

 

3.                  That the applicant dedicate additional right-of-way for a Secondary Arterial as required by Development Services so as to accommodate a total pavement width of 32 feet for Brooklyn Avenue between E. 8th Street and the north plan boundary.

 

4.                  That the developer widen Brooklyn Avenue between E. 8th Street and the north plan boundary to a total pavement width of 32 feet as required by Development Services, if the driveway connection to the north parking area is made from Brooklyn, or enter into an unsecured deferral agreement for this widening which provides that if Brooklyn is widened south of 8th Street to 9th Street, then the developer will widen Brooklyn between 8th Street and the north plan boundary.

 

5.                  That the applicant dedicate additional right-of-way for a Secondary Arterial as required by Development Services so to provide a minimum of 40 feet of right-of-way as measured from the centerline of East 9th Street.

 

6.                  That the developer secure permits to repair sidewalks, curbs, and gutters as necessary along all development street frontages in accordance with Chapter 56 and Chapter 64, Code of Ordinances, or submit a letter from a Missouri licensed civil engineer stating that the sidewalks, curbs and gutters are in a good state of repair and meet the requirements set forth in Chapter 56 and Chapter 64, Code of Ordinances, as required by the Development Services, prior to recording of the plat.

 

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

 

8.                  That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities.

 

9.                  That the developer grant a BMP Easement to the City as required by Development Services.

 

10.              That the developer submit a detailed micro storm drainage study prior to approval and issuance of any building permits, and that the developer construct any improvements as required by Developmental Services prior to issuance of any certificate of occupancy.

 

11.              That E. 8th Street be vacated, as shown on the development plan and as required by Developmental Services, and that the vacation occur with or precede the final plat application.

 

12.              That the developer have a Missouri licensed civil engineer send a letter stating the condition of the sidewalks, curbs, 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 locations 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 Development Services, prior to recording the plat.

 

13.              That the developer submit a street tree planting plan for E. 9th Street and Brooklyn Avenue.

 

14.              That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, lighting (including readings of zero footcandles at the property line and no direct illumination beyond the plan boundary), and building elevations.

 

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 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