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Legislation #: 081175 Introduction Date: 11/20/2008
Type: Ordinance Effective Date: 2/1/2009
Sponsor: COUNCILMEMBER FORD
Title: Amending Ordinance No. 070884, which rezoned an area of approximately 5.3 acres generally located north of 3rd Street between Broadway Boulevard and Delaware Street from District M-2a to District URD, by repealing Section B of that ordinance and enacting a new Section B, which approves an amended development plan that eliminates the requirement that the developer construct an approximately 50-foot section of 2nd Street to the easterly property line, but still provides for the dedication of the 2nd Street extension to the easterly property line and requires construction of 2nd Street to the eastern entrance of the property; terminating a related deferral agreement; and directing the City Clerk to record this ordinance and the termination agreement.

Legislation History
DateMinutesDescription
11/19/2008 Filed by the Clerk's office
11/20/2008 Referred to Planning and Zoning Committee
12/3/2008 Referred to City Plan Commission
12/3/2008 Referred to Planning and Zoning Committee
1/7/2009 Hold On Agenda (1/14/2009)
1/14/2009 Do Pass as a Committee Substitute
1/14/2009 Do Pass as a Committee Substitute
1/15/2009 Assigned Third Read Calendar as Substituted
1/22/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
081175.pdf Authenticated 195K authenticated
Master Report.pdf Reports 23910K Report Attachment
C013750URD1_STAFFRPT_01-06-09.doc Staff Report 62K Staff Report
Factsheet 1-06-09.xls Fact Sheet 65K Fact Sheet
081175 Affidavit of Publication.pdf Other 40K Affidavit of Publication
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081175 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081175
Adv. 010709.pdf Advertise Notice 8K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081175

 

Amending Ordinance No. 070884, which rezoned an area of approximately 5.3 acres generally located north of 3rd Street between Broadway Boulevard and Delaware Street from District M-2a to District URD, by repealing Section B of that ordinance and enacting a new Section B, which approves an amended development plan that eliminates the requirement that the developer construct an approximately 50-foot section of 2nd Street to the easterly property line, but still provides for the dedication of the 2nd Street extension to the easterly property line and requires construction of 2nd Street to the eastern entrance of the property; terminating a related deferral agreement; and directing the City Clerk to record this ordinance and the termination agreement.

 

 BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Ordinance No. 070884, which rezoned an area of approximately 5.3 acres generally located north of 3rd Street between Broadway Boulevard and Delaware Street from District M-2a to District URD, is hereby amended by repealing Section B of that ordinance and enacting a new Section B, to read as follows:

 

Section B. That an amended development plan for the area legally described above is hereby approved, which development does not show the extension of 2nd Street to the easterly property line, 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 submit a micro storm drainage study to Development Services for review and acceptance for this phase when the final plat is submitted, and that the developer construct any improvements as required by Development Services.

 

3.   That the developer dedicate additional right of way for a cul-de-sac at the north end of Wyandotte Street or provide a public street connection from the north end of Wyandotte Street to W. 2nd or Delaware Street as required by Development Services.

 

4. That the developer improve the northern one-half of W. 3rd Street to collector street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

5.  That the developer improve the northern transition of Wyandotte Street to collector street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

6.  That the developer enter into a deferral agreement to provide 25 percent of the cost not exceeding $40,000.00 for the installation of a traffic signal at the intersection of 3rd Street and Grand Avenue.

 

7.  That the developer construct a hammer head or vehicle turn around facility at the north end of the Wyandotte for termination of public street at the project limits.

 

8.  That any relocated streetlights be integrated into the existing street light system as required by Development Services.

 

9.  That the developer submit a streetscape plan for acceptance by City Development and permitting by Development Services prior to beginning work in the public right of way.

 

10.  That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

11.  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.

 

12.  That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to submittal of the final plat.

 

13.  That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

14.  That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

15.  That the developer show the limits of the 100-year floodplain on the final plat.

 

16.   That the developer extend water mains as required by the Water Services Department.

 

17.  That the developer extend sanitary sewers as required by Development Services.

 

18.  That the developer provide for fire protection as required by the Fire Marshals Office.

 

19.  That the developer grant a Noise and Aviation Easement to the City as required by Development Services.

 

20.    That the developer comply with the Kansas City Downtown Airport Height Zoning restrictions and that this language be included on the final plat.

 

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

 

22.  That the developer contribute $38,571.77 in lieu of parkland dedication for 326 multifamily units in satisfaction of Section 66-128 of the Subdivision Regulations.

 

23.  That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding property uses, setback distances, lighting, landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of buildings and signage.

 

24. That the developer will not be required to construct the portion of Second Street as shown as Dedicated But Not Constructed on attached Exhibit A.

 

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 2. That the Director of City Development is hereby authorized to terminate the agreement entitled Secured Deferral Agreement for Public Improvements Construction of Second Street East of Leasing Parking Area, Market Station, approved by Ordinance No. 080221, passed March 6, 2008.

 

Section 3. That the City Clerk is hereby directed to record this ordinance and the Termination of Deferral Agreement in the Office of the Recorder of Deeds of Jackson County, Missouri.

 

Section 4. 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