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Legislation #: 160359 Introduction Date: 5/5/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 1.5 acre tract of land generally located on a portion of the block bounded by Broadway, W. 46th Street, W. 46th Terrace and Wornall Road, from District B3-2 to District MPD, and approving a preliminary development plan to allow an approximately 293,840 square foot mixed use development. (14609-MPD)

Legislation History
DateMinutesDescription
5/5/2016 Filed by the Clerk's office
5/5/2016 Referred to Planning, Zoning & Economic Development Committee
5/11/2016 Advance and Do Pass as a Committee Substitute, Debate
5/12/2016 Passed as Substituted

View Attachments
FileTypeSizeDescription
160359.pdf Authenticated 486K Authenticated
160359 Staff Presentation.pdf Other 2983K Staff Presentation
160359 Parkway Towers Testimony.pdf Other 149K Parkway Towers Condominiums Public Testimony
160359 CPC Approved Plans.pdf Plan 19414K CPC Approved Plans
160359 Exhibit.pdf Exhibit 1133K Exhibit
160359 Staff Report.pdf Staff Report 752K Staff Report
160359 Fact Sheet.pdf Fact Sheet 828K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160359

 

Rezoning a 1.5 acre tract of land generally located on a portion of the block bounded by Broadway, W. 46th Street, W. 46th Terrace and Wornall Road, from District B3-2 to District MPD, and approving a preliminary development plan to allow an approximately 293,840 square foot mixed use development. (14609-MPD)

 

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 88-20A1051, rezoning an area of approximately 1.5 acres generally located on a portion of the block bounded by Broadway, W. 46th Street, W. 46th Terrace and Wornall Road, from District B3-2 (Community Business) to District MPD (Master Planned Development) said section to read as follows:

 

Section 88-20A1051. That an area legally described as:

 

All of Lots 1 and 2, Commerce Bank Plaza, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

is hereby rezoned from District B3-2 (Community Business) to District MPD (Master Planned Development) all as shown outlined on a map marked Section 88-20A1051, 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 prior to issuance of a building permit the developer secure approval of a final development plan from the City Plan Commission. Said plan shall include a detailed site plan, landscape plan complying with 88-425, lighting plan with photometric study complying with 88-430, sign plan complying with 88-445 or a note stating that all signage shall comply with 88-445, and color building elevations with materials labeled demonstrating compliance with Condition 3.

 

2.                  That prior to issuance of a building permit the developer secure approval of a streetscape plan from City Planning and Development staff with the intent being to carry forward the general design of streetscapes found in the Country Club Plaza. Specific design requirements applied to this streetscape plan shall be established at the time of final development plan approval.

 


 

3.                  That the final development plan demonstrate compliance with the recommended development guidelines as follows:

 

a.                   That the exterior design of those portions of the building below the arcade deck and adjacent to public streets include a level of detail, articulation, and ornamentation similar to that found on the Country Club Plaza and include one or more of the following design elements/building materials: brick, stucco, colorful ceramic tile, terra cotta ornamentation, decorative ironwork, day-tile roofs, bell towers or other features commonly found in the Country Club Plaza area.

 

b.                  That the exterior design of those portions of the building at and above the arcade deck shall incorporate the same design elements/building materials but that a lesser level of detail, articulation and ornamentation shall be considered acceptable. Glass panels and metal or architectural panels are permitted but their use shall be minimal relative to the recommended building materials.

 

c.                   That a minimum of 60% of the building facade between 4 and 10 feet above adjacent grade in all pedestrian zones shall be comprised of windows that allow view of interior commercial space, product display, art or mural display, or interactive lighting. For the purposes of this condition, a pedestrian zone is any portion of the ground-level building fa├žade adjacent to a street and occupied by a use other than the parking garage or a residential use and the publicly accessible portions of the arcade or pedestrian deck.

 

d.                  That rooftop mechanical equipment be screened with a parapet or solid screen that is a height equal to or greater than the maximum height of the mechanical equipment proposed and that said parapet or screen wall shall be constructed of materials compatible with the overall building design.

 

4.                  That prior to issuance of a building permit the developer is responsible for payment of cash-in-lieu of parkland dedication. The amount due shall use the 2016 acquisition rate of $30,360.20 and be based upon the following formula (number of residential units X 2 persons per unit X 0.006 acres = required dedication in acres; number of acres X 2016 acquisition rate = amount due).

 

5.                  That, at the intersection of 47th Street and Broadway, the developer construct exclusive eastbound and westbound left-turn lanes on 47th Street

with 100 feet of storage plus tapers, including associated elimination of adjacent on-street parking, loading, and unloading, as required by the Public Works Department.

 

6.                  That, at the intersection of 47th Street and Broadway, the developer re-stripe the north leg of Broadway so as to add an exclusive southbound left-turn lane with 100 feet storage plus taper, including associated prohibition of adjacent on-street parking, loading, and unloading on Broadway from 47th Street to 46th Terrace, as required by the Public Works Department.

 

7.                  That, at the intersection of 47th Street and Broadway, the developer modifies the traffic signals so as to provide for protected-permissive traffic signal phasing for all left-turn movements, as required by the Public Works Department.

 

8.                  That the developer re-stripe 47th Street between Wyandotte Street and J.C. Nichols Parkway so as to allow for a third eastbound through lane on 47th Street and petition the Public Works Department to restrict parking, loading, and unloading on the south side of 47th Street during weekday afternoon peak traffic periods (from 4:30 pm to 6:00 pm on weekdays) , as required by the Public Works Department.

 

9.                  That the developer re-stripe Broadway from 46th Terrace to 45th Street so as to provide for a second northbound lane and petition the Public Works Department to restrict on-street parking, loading, and unloading on the east side of Broadway from 46th Terrace to 45th Street during weekday afternoon peak traffic periods (from 4:30 pm to 6:00 pm on weekdays), including transitioning the striping north of 45th Street to match the existing striping configuration, as required by the Public Works Department.

 

10.              That the developer modify the intersection of 47th Street and Central Street so as to eliminate the existing pedestrian crossing across 47th Street on the east side of Central Street and provide a wider raised median for pedestrian refuge for the pedestrian crossing across 47th Street on the west side of Central Street, as required by the Public Works Department.

 

11.              That the developer petition the City to prohibit the eastbound left-turn movement from 47th Street into Wornall Road during weekday PM peak traffic periods (from 4:30 pm to 6:00 pm on weekdays), as required by the Public Works Department.

 

12.              That the developer petition the Public Works Department to prohibit the eastbound left-turn movement from 46th Terrace into J.C. Nichols Parkway during weekday afternoon peak traffic periods (from 4:30 pm to 6:00 pm on weekdays), as required by the Public Works Department.

 

13.              That the developer prepare and submit to the Public Works Department for review and approval two options for improvements to the five-leg intersection of 46th Terrace, Wyandotte Street, and Wornall Road, as required by the Public Works Department.  The first option shall be a mini-roundabout, and the second option shall be a tee intersection with Wornall Rd teeing into Wyandotte Street south of 46th Street. The Public Works Department shall select which, if any, of the options the developer shall construct, and the developer shall construct the selected option.

 

14.              That the developer prepare and submit to the Public Works Department for review proposed modifications to the traffic signal timing and coordination plan along the 47th Street corridor from Jefferson Avenue to Main Street so as to re-optimize the operation of the traffic signal system taking into account the changes required herein, as required by the Public Works Department. 

 

15.              That if garage access to the alley is proposed, either that portion of the alley between Broadway and the garage access be widened to 20 feet to accommodate two-way traffic, or the alley be converted to one-way operation.

 

16.              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 runoff from 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 secure permits to construct any improvements required by the Land Development Division prior to issuance of any building permit.

 

17.              That the developer dedicate additional right of way for W. 46th Terrace as required by Chapter 88 so as to provide a minimum of 25 feet of right of way as measured from the centerline, along those areas being platted, or seek approval from the Transportation and Development Committee for any variances requested to the Major Street Plan prior to City Plan Commission approval.

 

18.              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.

 

19.              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.

 

20.              That the developer verify vertical and horizontal sight distance for the drive connection to the public right-of-way and make improvements to ensure that local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.

 

21.              That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances, as required by the Land Development Division.

 

22.              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.

 

23.              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.

 

24.              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 that may be required.

 

25.              That all Wheeler Downtown Airport height zoning restrictions shall be met per the Aviation Department.

 

26. That structure height (excluding roof access and roof top equipment) will not exceed 105 feet measured at the northeast comer of the proposed hotel at 46th Street and Wornall Road, 120 feet measured at the southeast comer but immediately north of the retail arcade level, and 100 feet measured at the northwest comer of the proposed apartment building at 46th Street and Broadway Boulevard.

 

27. That the developer will not seek to increase height between the preliminary and the final plan as a part of the MPD process, and therefore any increase that would have been allowed by 88-520-04-B.4 will not apply. Specifically, if rock is encountered in the construction of the underground garage, the developer will not seek to increase the height of the structures.

 

28. That any amenities for the hotel rooftop pool will not add to the height, with any vertical amenities being located immediately to the south and abutting the HVAC and the amenities will not extend above the HVAC. Elevator access to the rooftop pool area will also abut the HVAC, and in a manner to not increase the height above that necessary to provide egress.

 

29. Roof top apparatus, including HVAC, will be kept to a minimum and aesthetically screened. Size of HVAC equipment will be considered in the selection of units, with smaller being more desirable. The HVAC equipment for the apartment building will be situated on that portion in what appears to be the middle building, and not the western portion of the building.

 

30. Density of the number of hotel rooms will be reduced to 175, without increasing the height beyond 105 feet as measured at the point of 46th Street and Wornall Road.  The density of the number of apartment units will be reduced to 132.  However, the developer, without increasing the heights, may switch out between hotel rooms and apartments, so that the overall density (measured by square footage) of units does not increase.

 

31. Separate sidewalks will be constructed in the area of the hotel entrance so that pedestrians will not have to follow the circular drive toward the hotel doors.

 

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 City recognizes that the developer and certain neighboring property owners have agreed to the following additional conditions:

 

1. Subject to City approval, developer will route apartment traffic from Broadway to a one-way alley that will exit unto 46th Terrace, so as to reduce traffic on 46th Street.

 

2.                  The architectural emphasis will be masonry in a contextual exterior design compatible with the Plaza setting, old and new, with an understanding that it will be a contemporary design to echo, but not necessarily replicate the Plaza. The architectural design will be compatible with the Midtown Plaza Plan guidelines and recommendations.

 

3. Specific traffic improvements will be undertaken as a part of the redevelopment that will increase safety and walkability, including without limitation:

 

(a)                To extent approved by the City, the triangular portion of the property by Renners will be extended, to reduce the no man's land, and to provide a safer area traversing the intersection of 46th Terrace and Wornall Road; and

 

(b)               Support prohibition of street parking on 46th St. in the area abutting the hotel (and in conjunction with that  condition, the hotel management will coordinate hvendor deliveries and other services using the interior service bay on 46th Street., so has not to stack up and idle delivery trucks on 46th Street or Wornall Road with this component included in the side letter).

 

4.                  Developer and its investors will support a comprehensive traffic and walkability study of the Plaza area, with an emphasis on the north area that is seeing significant redevelopment pressure. They will lobby the Mayor, the City Manager, Councilmembers and Public Works staff encouraging the City to undertake such study, and promptly initiate such a study so that its recommendations may be effectively implemented for the benefit of the neighborhood and quality redevelopment.

 

5.                  The outdoor entertainment venue along Wornall Road will be operated in a manner conducive to the residential neighborhood. Those operational limitations will impose work week night hours, and with different weekend hours, and at all times noise levels respectful of the surrounding residential homes and hotel guests.

 

6.                  hDeveloper will consider less overhanging terraces on the northeast and southeast so as to provide a hmore open feel to pedestrians along 46th Street and 46th Terrace.

 

7.                  During the process of refining the development to the final plan, and the selection of specific traffic improvements to be made as a part of this development, the developer will work with a select group of no more than three resident owner individuals, one each from Parkway Towers, 4646 Broadway, and the Plaza Westport Neighborhood Association, and in addition, a representative from Historic Kansas City Foundation, which four representatives will act as a sounding board and to provide input, with an emphasis on timely engagement, and response. The architectural exterior design in a contextual design compatible with the Plaza setting will be a subject for and monitoring by this group of individuals on behalf of the neighborhood in collaboration with the developer and its architect.

 

hSection D. 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