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Legislation #: 170894 Introduction Date: 11/2/2017
Type: Ordinance Effective Date: 12/22/2017
Sponsor: COUNCILMEMBER SHIELDS
Title: Approving the preliminary plat of Westport CID on approximately 20.1 acres generally bounded by Mill Street and Southwest Trafficway to the west, W. 40th Street to the north, Broadway Boulevard to the east, and Archibald Street to the south, to replat 20 commercial lots and one private open space lot, and to vacate the existing sidewalks located on Westport Road between the westernmost edge of the intersection with Broadway Boulevard westward to the easternmost edge of the intersection with Mill Street, together with the existing sidewalks located on Pennsylvania Avenue from the southernmost edge of the intersection with 40th Street southward to the northernmost edge of the intersection with Archibald Street; authorizing the Director of City Planning and Development to execute certain agreements; appropriating $132,784.38 for the purpose of reimbursing the Westport CID if the City exercises its option to take back the sidewalks within five years following the sidewalk vacation; and recognizing this ordinance as having an accelerated effective date. (SD1300C)

Legislation History
DateMinutesDescription
11/2/2017 Filed by the Clerk's office
11/8/2017 Hold On Agenda (11/29/2017)
11/29/2017 Hold On Agenda (12/13/2017)
11/2/2017 Referred to PZ&ED Committee and Neighborhoods Committee
12/13/2017 Hold On Agenda (12/20/2017)
12/20/2017 Advance and Do Pass as Second Committee Substitute, Debate
12/21/2017 Councilmember Canady (Second by Shields) Move to Amend
12/21/2017 Passed Second Committee Substitute As Amended

View Attachments
FileTypeSizeDescription
170894 sub as amended.pdf Authenticated 1731K Authenticated
CSD1300CD_Fact Sheet.pdf Fact Sheet 497K Revised Fact Sheet
42048-Prelim_2017-11-01.pdf Plat 4729K Preliminary Plat Drawing
CSD1300CD_Fact Sheet.pdf Fact Sheet 230K Fact Sheet
Westport Opposition.pdf Other 2341K Westport Opposition
Westport Support.pdf Other 254K Westport Support
CSD1300CD_Staff Report_11-07-17.pdf Staff Report 20989K Staff Report

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170894

 

Approving the preliminary plat of Westport CID on approximately 20.1 acres generally bounded by Mill Street and Southwest Trafficway to the west, W. 40th Street to the north, Broadway Boulevard to the east, and Archibald Street to the south, to replat 20 commercial lots and one private open space lot, and to vacate the existing sidewalks located on Westport Road between the westernmost edge of the intersection with Broadway Boulevard westward to the easternmost edge of the intersection with Mill Street, together with the existing sidewalks located on Pennsylvania Avenue from the southernmost edge of the intersection with 40th Street southward to the northernmost edge of the intersection with Archibald Street; authorizing the Director of City Planning and Development to execute certain agreements; appropriating $132,784.38 for the purpose of reimbursing the Westport CID if the City exercises its option to take back the sidewalks within five years following the sidewalk vacation; and recognizing this ordinance as having an accelerated effective date. (SD1300C)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That the preliminary plat of Westport CID Plat on a 20.091 acre area generally bounded by Mill Street and Southwest Trafficway to the west, W. 40th Street to the north, Broadway Boulevard to the east, and Archibald Street to the south, to replat 20 commercial lots and one private open space lot, and to vacate the existing sidewalks located on Westport Road between the westernmost edge of the intersection with Broadway Boulevard westward to the easternmost edge of the intersection with Mill Street, together with the existing sidewalks located on Pennsylvania Avenue from the southernmost edge of the intersection with 40th Street southward to the northernmost edge of the intersection with Archibald Street, said property to be platted more specifically described as follows:

 

That part of Lots 3, 5, 8, 93 and 96, Campbell's Addition to Westport, a subdivision, Lots 1, 2 and 3, Catherine Purdom Addition, a subdivision, Lot 6, Edmund Price's Addition to Westport, a subdivision, Lots 1 through 3, 7 through 14, Lots 41 through 50, Lots 53 and 54, J.C. McCoy's Plat of Westport, a subdivision, Lots 1 and 2, J.C. McCoy's Westport Replat, First Plat, a subdivision, Lots 3 and 4, J.C. McCoy's Westport Replat, 2nd Plat, a subdivision, and Lot 1 and Tract A, Mill Street Station, a subdivision, and part of the Southeast 1/4 Section 19, Township 49 North, Range 33 West in Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the northeast corner of said Lot 1, Mill Street Station, said point also being the intersection of the south right of way line of 40th Street and the west right of way line of Pennsylvania Avenue, as both are now established; thence North 73 degrees 42 minutes 48 seconds East. a distance of 64.85 feet to the intersection of said south right of way line of 40th Street and the east right of way line of Pennsylvania Avenue; thence South 87 degrees 19 minutes 12 seconds East along said south right of way line, a distance of 133.97 feet to a point on the northwesterly prolongation of the easterly line of a tract of land conveyed by William P. Lee and wife to Edwin G. Goforth by Deed recorded in Book 28, at page 363; thence South 16 degrees 54 minutes 40 seconds East along said prolongation and said easterly line, a distance of 186.51 feet to a point on the north line of said lot 47, J.C. McCoy's Plat of Westport; thence North 58 degrees 38 minutes 16 seconds East along the north line of said Lots 47 through 50 J.C. McCoy's Plat of Westport, a distance of 233.42 feet to the west right of way line of Washington Street, as now established; thence South 31 degrees 48 minutes 51 seconds East along said west right of way line of Washington Street, a distance of 18.70 feet; thence South 58 degrees 14 minutes 01 seconds West, a distance of 21.26 feet; thence South 31 degrees 45 minutes 59 seconds East, a distance of 0.37 feet; thence South 58 degrees 14 minutes 17 seconds West, a distance of 58.77 feet; thence South 31 degrees 52 minutes 49 seconds East, a distance of 71.37 feet; thence South 58 degrees 38 minutes 16 seconds West, a distance of 68.05 feet; thence south 31 degrees 48 minutes 51 seconds West, a distance of 50.00 feet to southeast corner of said Lot 48; thence South 58 degrees 38 minutes 16 seconds West along the south line of said Lots 48 and 47, a distance of 148.13 feet to a point on said east right of way line of Pennsylvania Avenue; thence South 31 degrees 46 minutes 35 seconds East along said right of way line, a distance of 12.00 feet to the northwest corner of said Lot 54; thence North 58 degrees 38 minutes 16 seconds East along the north line of said Lots 54 and 53, J.C. McCoy's Plat of Westport, a distance of 113.92 feet (deed=114.00 feet); thence South 31 degrees 45 minutes 39 seconds East, a distance of 140.84 feet to a point on the south line of said Lot 53; thence South 58 degrees 42 minutes 26 seconds West along the south line of said Lots 53 and 54, a distance of 113.88 feet (deed=113.90 feet) to a point on last said east right of way line; thence South 31 degrees 46 minutes 35 seconds East along last said right of way line, a distance of 33.00 feet to the northwest corner of said Lot 8, J.C. McCoy's Plat of Westport; thence North 58 degrees 42 minutes 26 seconds East along the north line of said Lots 8 and 7, J.C. McCoy's Plat of Westport, a distance of 147.93 feet to the northeast corner of said Lot 7; thence South 31 degrees 46 minutes 35 seconds East along the east line of said Lot 7, a distance of 141.07 feet to the southeast corner thereof; thence South 58 degrees 40 minutes 53 seconds West along the south line of said Lots 7 and 8, a distance of 147.93 feet to a point on said east right of way line of Pennsylvania Avenue; thence South 31 degrees 46 minutes 35 seconds East along said east right of way line, a distance of 12.00 feet to the northwest corner of said Lot 1, J.C. McCoy's Plat of Westport; thence North 58 degrees 40 minutes 53 seconds East along the north line of said Lots 1, 2 and 3, J.C. McCoy's Plat of Westport, a distance of 222.19 feet to a point on the west right of way line of Broadway Street, as now established; thence South 31 degrees 44 minutes 55 seconds East along said west right of way line, a distance of 141.00 feet to the southeast corner of last said Lot 3; thence South 31 degrees 20 minutes 11 seconds East continuing along said west right of way line, a distance of 66.00 feet to the northeast corner of said Lot 1, J.C. McCoy's Westport Replat First Plat; thence South 31 degrees 22 minutes 37 seconds East (Plat=South 31 degrees 23 minutes 17 seconds East) along last said west right of way line and the east line of last said Lot 1, a distance of 142.01 feet (plat=141.94 feet) to the southeast corner of said Lot 1; thence South 58 degrees 43 minutes 50 seconds West (Plat=South 58 degrees 42 minutes 44 seconds West) along the south line of said Lots 1 and 2, J.C. McCoy's Westport Replat, First Plat, a distance of 222.09 feet (plat=222.02 feet) to a point on the east right of way line of Pennsylvania Avenue and the southwest corner of last said Lot 2; thence South 31 degrees 25 minutes 04 seconds East along said east right of way line, a distance of 12.00 feet to the northwest corner of said Lot 5, Campbell's Addition to Westport; thence North 58 degrees 43 minutes 50 seconds East along the north line of said Lot 5, a distance of 52.00 feet; thence South 32 degrees 00 minutes 17 seconds East, a distance of 36.85 feet (deed=36.52 feet); thence North 59 degrees 15 minutes 30 seconds East, a distance of 26.47 feet; thence South 31 degrees 15 minutes 09 seconds East, a distance of 36.14 feet; thence South 59 degrees 11 minutes 51 seconds West, a distance of 17.31 feet; thence South 31 degrees 25 minutes 09 seconds East, a distance of 88.63 feet to the north right of way line of Archibald Street as established by Circuit Court of Jackson County, Missouri Suite No. 183540, Book 706, page 499; thence South 58 degrees 50 minutes 51 seconds West along said north right of way line and the westerly prolongation thereof, a distance of 119.43 feet to the west right of way line of Pennsylvania Avenue; thence South 31 degrees 23 minutes 49 seconds East along last said west right of way line, a distance of 178.77 feet to a point on the south line of said Lot 96, Campbell's Addition to Westport; thence South 58 degrees 44 minutes 40 seconds West along the south line of said Lot 96 and the westerly prolongation thereof, a distance of 191.37 feet to the east line of a tract of land described in Document No. A-315572 Book B-2739 page 105, Document No. A-315574 Book B-2734 page 235, & Document No. 1267422 Book 1893 page 503 to the Kansas City Railways Company; thence North 51 degrees 26 minutes 14 seconds West along said east line, a distance of 19.22 feet; thence continuing along said east line, along a curve to the right having a chord bearing of North 47 degrees 51 minutes 09 seconds West, a radius of 930.37 feet, a central angle of 7 degrees 10 minutes 11 seconds and an arc length of 116.42 feet; thence North 32 degrees 36 minutes 48 seconds West continuing along said east line, a distance of 18.19 feet to a point on the south right of way line of Archibald Street; thence North 58 degrees 41 minutes 06 seconds East along said south right of way line, a distance of 7.12 feet to a point on the southerly prolongation of the west line of said Lot 18, J.C. McCoy's Plat of Westport, said point also being on the east right of way line of Mill Street, as now established; thence North 31 degrees 22 minutes 27 seconds West along said west line of lot 18 and its southerly prolongation, a distance of 190.62 feet to the northwest corner of said Lot 18; thence North 58 degrees 41 minutes 52 seconds East along the north line of said Lots 18, 19 and 20, J.C. McCoy's Plat of Westport, a distance of 224.10 feet to said west right of way line of Pennsylvania Avenue; thence North 31 degrees 23 minutes 49 seconds West along last said west right of way line, a distance of 12.00 feet to a point on the south line of said Lot 3, J.C. McCoy’s Westport Replat, Second Plat; thence South 58 degrees 41 minutes 52 seconds West (Plat=South 58 degrees 41 minutes 36 seconds West) along the south line of said Lots 3 and 4, J.C. McCoy’s Westport Replat, Second Plat, a distance of 224.09 feet (plat=223.89 feet) to the southwest corner of last said Lot 4; thence North 31 degrees 22 minutes 27 seconds West (Plat=North 31 degrees 22 minutes 43 seconds West) along the west line of last said Lot 4, a distance of 143.64 feet to the northwest corner thereof; thence North 31 degrees 14 minutes 45 seconds West, a distance of 65.98 feet (plat=66.00 feet) to the southwest corner of said Lot 11, J.C. McCoy's Plat of Westport; thence North 32 degrees 07 minutes 09 seconds West along the west line of said Lots 11, 12 and 43, J.C. McCoy's Plat of Westport, a distance of 474.67 feet to a point on the easterly prolongation of the south line of said Tract A, Mill Street Station; thence South 57 degrees 52 minutes 50 seconds West along said easterly prolongation and south line of Tract A, a distance of 33.00 feet; thence North 85 degrees 44 minutes 36 seconds West (Plat=South 85 degrees 42 minutes 20 seconds East) along the south line of said Tract A, a distance of 92.46 feet to the southeast corner of said Lot 1, Mill Street Station; thence South 88 degrees 01 minutes 47 seconds West (Plat=North 87 degrees 51 minutes 39 seconds East), this and the following courses along the south, west and north lines of said lot 1, a distance of 234.47 feet (plat= 234.37 feet); thence along a curve to right having a chord bearing of North 88 degrees 51 minutes 02 seconds West (Plat=North 88 degrees 53 minutes 21 seconds West), a radius of 570.00 feet, a central angle of 6 degrees 29 minutes 58 seconds and an arc length of 64.66 feet; thence North 85 degrees 36 minutes 03 seconds West (Plat=South 85 degrees 38 minutes 21 seconds East), a distance of 305.90 feet (plat=305.94 feet); thence along a curve to the right having a chord bearing of North 35 degrees 38 minutes 06 seconds West (Plat=South 35 degrees 39 minutes 46 seconds East), a radius of 39.50 feet, a central angle of 99 degrees 55 minutes 54 seconds and an arc length of 68.89 feet (plat=68.91 feet); thence north along a curve to the left having a chord bearing of North 12 degrees 27 minutes 07 seconds East (Plat=North 12 degrees 49 minutes 58 seconds East), a radius of 1726.00 feet, a central angle of 3 degrees 45 minutes 28 seconds and an arc length of 113.20 feet (plat=137.38 feet); thence along a curve to the left having a chord bearing of North 10 degrees 16 minutes 58 seconds East (Plat=North 10 degrees 15 minutes 43 seconds East), a radius of 10986.66 feet, a central angle of 0 degrees 34 minutes 49 seconds and an arc length of 111.27 feet; thence along a curve to the left having a chord bearing of North 7 degrees 57 minutes 27 seconds East (Plat=North 7 degrees 56 minutes 13 seconds East), a radius of 1526.00 feet, a central angle of 4 degrees 04 minutes 12 seconds and an arc length of 108.40 feet; thence North 5 degrees 56 minutes 39 seconds East (Plat=North 5 degrees 54 minutes 07 seconds East), a distance of 86.97 feet (plat= 86.94 feet); thence along a curve to the right having a chord bearing of North 6 degrees 05 minutes 56 seconds East, a radius of 2974.00 feet, a central angle of 0 degrees 18 minutes 34 seconds and an arc length of 16.07 feet (plat=16.10 feet); thence along a curve to the right having a chord bearing of North 49 degrees 30 minutes 07 seconds East (Plat=North 49 degrees 27 minutes 35 seconds East), a radius of 19.00 feet, a central angle of 86 degrees 29 minutes 48 seconds and an arc length of 28.68 feet; thence South 87 degrees 14 minutes 59 seconds East (Plat=South 87 degrees 17 minutes 34 seconds East), a distance of 639.81 feet (plat=639.62 feet) to the point of beginning; containing 875,147 square feet or 20.091 acres, more or less.

 

is hereby approved, subject to the following conditions:

 

1.                  The plan shall be revised as follows:

 

a.                   Show public easements over sanitary and storm sewers

 

b.                  Show access easement language on the Preliminary Plat

 

d.                  Per the Water Services Department, the following easement language shall be added:

 

                                                                    i.                        Catch basins, in the area to be vacated, will be treated as a part of the road surface. Future maintenance, repair, or replacement is the responsibility of the underlying property owner, its successors, or assigns.

 

                                                                  ii.                        KC Water requires unrestricted access at all times for the operation, maintenance, repair, and construction of any existing or future infrastructure. The underlying property owner understands this includes the blockage, or obstruction, of the area to be vacated for extended periods of time during such activity.

 

                                                                iii.                        The right to construct future infrastructure, in the area to be vacated, including but not limited to; water, waste water, storm water, or green infrastructure and any necessary appurtenances.

 


 

                                                                iv.                        The underlying property owner, its successors, or assigns will not construct or allow any structure, non-temporary sign, pole, fixture, communication equipment, or extensive landscaping to be installed within the area to be vacated, without the written approval of the Director of KC Water.

 

2. The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

3. The developer shall provide acceptable easements for all public sanitary sewers and storm sewers within the vacated right-of-way as required by the Land Development Division, prior to recording the plat.

 

4.                  The developer must grant a City-approved access easement across the proposed Tracts A-G to the public right-of-way and to the adjacent properties as required by the Land Development Division, prior to recording the plat.

 

5.                  Access shall be maintained to all fire hydrant(s) and fire protection features of all the buildings (IFC-2012 § 507.5.4).

 

6. The developer shall remove and return streetlights to the City at the expense of the developer or utility service and ownership can be transferred and shall be responsibility of the developer.

 

7.                  Catch basins, in the area to be vacated, will be treated as a part of the road surface. Future maintenance, repair, or replacement is the responsibility of the underlying property owner, its successors, or assigns. Catch basins, whether wholly or partially within the area to be vacated are the responsibility of the underlying property owner and future maintenance, repair, or replacement of such will be the responsibility of the underlying property owner.

 

8.                  The Water Services Department requires unrestricted access at all times for the operation, maintenance, repair, and construction of any existing or future infrastructure. The underlying property owner understands this includes the blockage, or obstruction, of the area to be vacated for extended periods of time during such activity.

 

9.                  City reserves the right to construct future infrastructure, in the area to be vacated, including but not limited to infrastructure needed for water services, waste water services, storm water, or green infrastructure and any necessary appurtenances.

 

10.              The underlying property owner, its successors, or assigns will not construct or allow any new structure, non-temporary sign, pole, fixture, communication equipment, or extensive landscaping outside of the existing sidewalk tree pits to be installed within the area to be vacated, without the written approval of the Director of the Water Services Department.

 

11.              The developer shall enter into an agreement with the City to outline the obligations of the parties with respect to the sidewalk vacation (“Agreement”), to be in a form substantially as that attached hereto as Exhibit A and incorporated herein by reference.

 

12.              An Event Management Coordination Committee shall be formed and maintained to enforce the attached agreement and any subsequent changes to the Agreement.

 

13.              That the membership of the Event Management Coordination Committee required by the Agreement shall be expanded to include a representative from the Human Relations Department and three neighborhood representatives.

 

14.              The Agreement shall be approved by the City Council prior to recording of the plat.

 

15.              The Agreement shall require that the approval of the vacation program be reviewed by the City Plan Commission and City Council one year after recording the plat, and every two years thereafter. The City Plan Commission shall make a recommendation to the City Council regarding continuation of the program.

 

16.              The following shall be added section VI.H of the Agreement: “Should removal of any of the aforementioned facilities or devices be necessary due to any future construction, the City shall not be liable for the replacement costs or any damage to said facilities or devices.”

 

17.              The developer shall enter into a Put and Call Agreement with the City, to be in a form substantially as that attached hereto as Exhibit B and incorporated herein by reference.

 

18.              The payments referenced in the Put and Call Agreement required to be made by the City to exercise its Call Option or to effectuate transfer pursuant to the Put Option shall be removed, except that the City agrees that if it exercises its Call Option within five years following the sidewalk vacation, the City shall reimburse the CID for all costs the CID incurred to vacate the sidewalks, provided that said reimbursement shall not exceed $132,784.38.

 

19.              City Council approval shall be required in order for the City to exercise the Call Option as set forth in the Put and Call Agreement.

 

A copy of the preliminary plat is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section B. That Council finds and declares that before taking any action on this proposed preliminary plat hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and held.

 

Section C. That the following amount in the General Fund is reduced from the following account:

 

18-1000-179990-B         Contingent Appropriation              $132,784.38

 

Section D. That the sum of $132,784.38 is hereby appropriated from the Unappropriated Fund Balance of the General Fund:

18-1000-642044-B         CID Support                                   $132,784.38

 

Section H. That this ordinance is recognized as having an accelerated effective date within the provisions of Section 503 of the City Charter in that it appropriates money, and shall take effect in accordance with that section.

 

______________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

___________________________________

Randall J. Landes

Director of Finance

 

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:

 

  ___________________________________

Sarah Baxter

Assistant City Attorney