COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 090441
Rezoning an area of approximately
20 acres generally bounded by 3rd Street on the north, approximately 100 feet
east of Gillis Street on the east, 5th Street on the south and Cherry Street on the west from Districts R-4, C-2, M-1 and M-2a to District URD, and
approving a development plan for the same. (13973-URD)
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 80-11A0842, rezoning an area of approximately 20 acres generally bounded by 3rd Street on the north, approximately
100 feet east of Gillis Street on the east, 5th Street on the south and Cherry
Street on the west, from Districts R-4 (Low Apartments), C-2 (Local Retail
Business), M-1 (Light Industry) and M-2a (Heavy Industry) to District URD
(Urban Redevelopment District), said section to read as follows:
Section 80-11A0842. That an area
legally described as:
Beginning at the northwest corner of Lot 1, Block 45,
John Johnson's, a Subdivision in Kansas City, Missouri, Jackson County, which
point is the intersection of the east right of way line of Cherry Street and
the south right of way line of 3rd Street; Thence easterly along the
south right of way line of 3rd Street and the easterly prolongation
thereof to a point 20 feet north of the northwest corner and on the northerly
prolongation of the west line of Lot 1, Guinotte Manor Replat, a Subdivision of
land in Kansas City, Jackson County, Missouri; Thence southerly along the west
line of said Lot 1 and the west line of Lot 4 of the aforementioned Guinotte
Manor Replat to the southwest corner of said Lot 4, said point being on the
south line of Lot 2, Guinotte Manor, a Subdivision of land in Kansas City,
Jackson County, Missouri; Thence west along the south line of said Lot 2 to its
intersection with the east right of way line of Gillis Street; Thence south
along said east right of way line to the northwest corner of Lot 24, R.G.
Estills Resurvey of Block 82, East Kansas, a Subdivision in Kansas City,
Jackson County, Missouri, said point also being on the south line of the
aforementioned Lot 2, Guinotte Manor; Thence west along the south line of said
Lot 2 and the prolongation thereof to the southeast corner of Lot 9, Block 61,
East Kansas, a Subdivision in Kansas City, Jackson County, Missouri; Thence
north to the northeast corner of said Lot 9, Block 61; Thence west to the
northwest corner of said Lot 9, Block 61; Thence south along the west line of
Lots 9 and 8 to the southwest corner of said Lot 8, Block 61; Thence east to
the southeast corner of said Lot 8, Block 61; Thence south to the southeast
corner of Lot 7, Block 61, said point also being on the north right of way line
of 5th Street: Thence west along said north right of way line of 5th Street to
its intersection with the west right of way line of Holmes Street, said point
also being the southeast corner of Lot 72, Lawrences Addition to the City of
Kansas City, Jackson county, Missouri; Thence north along said west right of
way line of Holmes Street to the southeast corner of Lot 74 of said Lawrences
Addition; Thence west to the southwest corner of Lot 81 of said Lawrences
Addition, said point also being on the east right of line of Cherry Street;
Thence north along said east right of way line to the point of beginning. Said
tract containing 834,862 square feet or 19.17 acres more or less.
is hereby rezoned from Districts R-4 (Low Apartments), C-2 (Local Retail Business),
M-1 (Light Industry) and M-2a (Heavy Industry) to District URD (Urban Redevelopment
District), all as shown outlined on a map marked Section 80-11A0842, 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 submit a macro "overall" storm
drainage study for the entire development to Development Services for review
and acceptance at the time the first plat is submitted, with a micro
"detailed" storm drainage study to be submitted for each phase at the
time of final platting, and that the developer construct any necessary
improvements as required by Development Services prior to recording each plat.
3. That the developer dedicate additional right of way as shown
on the approved development plan as required by Development Services for all
interior streets.
4. That the developer vacate the portions of streets and alleys
shown to be vacated on the approved development plan, as required by
Development Services, and the vacation to occur with the final plat
application.
5. That the developer improve all interior streets as shown on
the approved development plan, 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 shall secure permits for the sidewalks
within the development at the time street improvement permits are secured.
Sidewalks shall be installed per the sidewalk installation plan reviewed and
accepted by Development Services.
7. 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.
8. 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 now and in the future.
9. That the developer submit plans for grading, siltation, and
erosion control to Development Services for review, acceptance, and permitting
prior to beginning any construction activities.
10. 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.
11. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
12. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by Development Services.
13. That the developer submit a streetscape plan for approval and
permitting by Development Services prior to beginning work in the public right
of way.
14. That the developer grant a BMP Easement to the City as
required by Development Services.
15. That the developer submit covenants, conditions and
restrictions to Development Services for approval by the Law Department for the
maintenance of private open space and for the maintenance of common elements
and enter into a covenant agreement for the maintenance of any stormwater
detention area tracts.
16. That the developer extend water mains as required by the Water
Services Department.
17. That the developer construct all-weather roads and provide for
fire protection as required by the Fire Department prior to construction beyond
footings and foundations.
18. That the developer contribute $47,481.51 for parkland purposes
for 10 single family and 358 multifamily units provided that the developer
shall contribute $231.21 per single family unit and $126.11 per multifamily
unit in compliance with Section 66-128 of the Subdivision Regulations, less any
dedicated private open space.
19. That the developer construct no structure which exceeds the
Downtown height zoning restrictions.
20. That the developer make the following improvements and abide
by the following criteria as required by the traffic study and as required by
Public Works and Development Services:
a. That the developer dedicate additional
right-of-way on the north side of 5th Street between Holmes Street and the
north-south alley between Charlotte Street and Campbell Street along the extent
of the proposed angle parking so as to provide a minimum of 41 feet of
right-of-way on the north side of 5th Street (as measured from centerline of
street right-of-way) so as to allow 11.7 feet for a travel lane, 3.5 feet for a
buffer, 19 feet for back-in diagonal parking (inclusive of gutter), 0.5 feet
for curb, and 6 feet for sidewalk, as required by Public Works Department and
Development Services; provided, however, that back-in parking shall not be
required unless the City has adopted a policy for back-in parking, at the time
of certificate of occupancy.
b. That the developer improve the north side
of 5th Street between Holmes Street and the north-south alley between Charlotte
Street and Campbell Street to provide a minimum of pavement and gutter width of
34.2 feet (as measured from the centerline of street right-of-way to the north
face of curb) plus a curb and sidewalk width of 6 feet on the north side of the
street for an 11.7 feet wide traffic lane, 3.5 feet for a buffer, 19 feet wide
45 degree back-in diagonal parking stalls (measured to face of curb), curb and gutter,
and 6 feet wide sidewalk, as required by the Public Works Department and
Development Services; provided, however, that back-in parking shall not be
required unless the City has adopted a policy for back-in parking, at the time
of certificate of occupancy.
c. That the developer install all necessary
signing and striping on the north side of 5th Street between Holmes Street and
Campbell Street so as to provide for 45 degree back-in diagonal parking stalls,
as required by the Public Works Department and Development Services; provided,
however, that back-in parking shall not be required unless the City has adopted
a policy for back-in parking, at the time of certificate of occupancy.
d. That the developer provide 20 feet long
no-parking zones at intervals along the south side of 4th Street. The
no-parking zones shall be located so as to ensure that no part of any building
frontage on 4th Street is farther than 150 feet from a no-parking zone, as
required by the Fire Department.
e. That the developer dedicate right-of-way
so as to ensure a minimum of 50 feet of right-of-way on 4th Street between
Cherry Street and the north-south alley between Cherry Street and Holmes Street
to accommodate a 6 feet wide sidewalk on the south side of the street, an 8
feet wide parallel parking lane, an 11.7 feet wide travel lane, a 3.5 feet wide
buffer, a 19 feet wide strip of angle parking stalls, curbs, and gutters, as
shown on the development plan and as required by the Public Works Department
and Development Services.
f. That the developer construct 4th Street
between Cherry Street and the north-south alley between Cherry Street and
Holmes Street so as to provide a 6 feet wide sidewalk on the south side, an 8
feet wide parallel parking lane, an 11.7 feet wide travel lane, a 3.5 feet wide
buffer, a 19 feet wide strip of angle parking stalls, curbs, and gutters, as
shown on the development plan and as required by the Public Works Department
and Development Services.
g. That the developer dedicate right-of-way
so as to ensure a minimum of 30 feet of right-of-way on 4th Street between
Gillis Street and the north-south alley between Cherry Street and Holmes Street
to accommodate an 8 feet wide parallel parking lane, an 11.7 feet wide travel
lane, curbs, gutters, and a sidewalk on the south side of the street, as
required by the Public Works Department and Development Services.
h. That the developer construct 4th Street
between Gillis Street and the north-south alley between Cherry Street and
Holmes Street so as to provide a 6 feet wide sidewalk on the south side, an 8
feet wide parallel parking lane, an 11.7 feet wide travel lane, curbs, and
gutters, as required by the Public Works Department and Development Services.
i. That the developer construct all
improvements shown on the development plan, as required by Development
Services.
j. That the developer provide the Fire Department
and Public Works Department with AutoTurn (or similar) vehicle turn templates
showing the envelopes of fire truck turning paths for turning movements between
4th Street and all of the north-south streets.
k. That adequate intersection sight distance
be provided at all public street intersections in accordance with City
standards, as required by Development Services and the Public Works
Department.
22. 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 (photometrics plan showing zero footcandles at the
property line), 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.
23. That the developer submit a running total of private open
space area dedicated for park purposes with each plat.
24. That the developer apply for the vacation of public rights of
way as shown on the plan if not vacated by the plat.
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