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Legislation #: 140651 Introduction Date: 8/14/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 4 acres generally located on the north side of 2nd Street between Wyandotte Street and Main Street from District M1 5 (Manufacturing 1 (dash 5)) to UR (Urban Redevelopment), and approving a preliminary development plan for a 314 dwelling units in two buildings. (14464-UR)

Legislation History
DateMinutesDescription
8/13/2014 Filed by the Clerk's office
8/14/2014 Referred to Planning, Zoning & Economic Development Committee
8/20/2014 Hold On Agenda (9/3/2014)
9/3/2014 Hold On Agenda (9/24/2014)
9/24/2014 Advance and Do Pass as a Committee Substitute, Debate
9/25/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140651.pdf Authenticated 433K Authenticated
C014464UR_SECTION MAP.pdf Maps 2132K Section Map
C014464UR_FACTSHEET.pdf Fact Sheet 277K Fact Sheet
C014464_PLANS.pdf Plan 16165K Plans

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140651

 

Rezoning an area of approximately 4 acres generally located on the north side of 2nd Street between Wyandotte Street and Main Street from District M1 5 (Manufacturing 1 (dash 5)) to UR (Urban Redevelopment), and approving a preliminary development plan for a 314 dwelling units in two buildings. (14464-UR)

 

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 88-20A0965, rezoning an area of approximately 4 acres generally located on the north side of 2nd Street between Wyandotte Street and Main Street from District M1 5 (Manufacturing 1 (dash 5)) to UR (Urban Redevelopment), said section to read as follows:

 

Section 88-20A0965. That an area legally described as:

 

A tract of land containing all of Lots 32, 33, 36, 37, and 40 and part of Lots 31, 34, 35, 38, 39, and 42 of Block Four “Old Town” along with vacated north-south and east-west alleys as defined in Ordinance No. 14231, dated December 21, 1950 and by Document No. 215995, Book B544, page 173 and all that part of vacated Kansas City Southern Railroad within said Block Four; and

 

All that part of Delaware Street lying north of the north right of way line of west Second Street (to be vacated); and

 

All of Lot 320 and part of Lots 319 and 140, Block Thirteen, “Old Town” lying south of consolidated terminal Railway Company right-of-way; and

 

All that part of vacated Elm Street, lying north of the north right-of-way line of West Second Street; and

 

All of Lot 146 and part of Lots 145, 144, 143, 142, and 141, Block Fourteen “Old Town”; and

 

All that part of Second Street lying west of the west right-of-way line of Delaware Street vacated and amended by Ordinance No. B-472659, recorded in Book B5671 at page 706, Ordinance No. 050822 recorded as Document No. 2005K0068463, Ordinance No 061822 recorded as Document No. 2006E0138503, and Ordinance No. 080037 recorded as Document No. 2008E0017193; and

 

Part of Lots 14 and 15, King and Bouton’s Resurvey and the portion of the north-south alley lying adjacent to on the east; and

 

Part of Lots 100 and 101 of Block 10, “Old Town”, all in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the intersection of the west right-of way line of Main Street and the north right-of-way line of West Second Street, said point also being the southeast corner of Lot One, First and Main Lofts Condominium, a subdivision in Kansas City, Jackson County, Missouri; thence South 75 degrees 42 minutes 08 seconds West, a distance of 91.43 feet to the point of beginning; thence continuing South 75 degrees 42 minutes 08 seconds West, a distance of 208.57 feet to the east right-of-way line of Delaware Street; thence South 75 degrees 39 minutes 47 seconds West a distance of 60.00 feet to the west right-of-way line of Delaware Street; thence South 14 degrees 12 minutes 22 seconds East, a distance of 30.01 feet; thence South 75 degrees 39 minutes 45 seconds West, a distance of 10.07 feet; thence South 14 degrees 20 minutes 15 seconds East, a distance of 30.00 feet; thence South 58 degrees 48 minutes 59 seconds West, a distance of 109.51; thence South 59 degrees 37 minutes 39 seconds West, a distance of 14.14 feet; thence along a curve to the left having a chord bearing of South 04 degrees 20 minutes 00 seconds West, radius of 120.66 feet and length of 47.12 feet; thence South 75 degrees 56 minutes 04 seconds West, a distance of 1.00 feet to the east line of the first north-south alley west of Delaware; thence North 14 degrees 12 minutes 22 seconds West along the east line of said alley, a distance of 30.00 feet to the north line of King and Bouton’s Resurvey; thence south 75-39’-45” west along said line, a distance of 50.58 feet; thence North 14 degrees 14 minutes 24 seconds West, a distance of 110.00 feet; thence South 75 degrees 39 minutes 46 seconds West, a distance of 60.00 feet; thence North 14 degrees 14 minutes 24 seconds West along the east line of Market Station Subdivision, a distance of 260.83 feet, thence North 62 degrees 23 minutes 03 seconds East, a distance of 64.00 feet; thence South 52 degrees 26 minutes 20 seconds East, a distance of 7.48 feet; thence North 37 degrees 33 minutes 40 seconds East, a distance of 30.00 feet; thence North 56 degrees 40 minutes 39 seconds East, a distance of 8.87 feet; thence along a curve to the right having a chord bearing of North 84 degrees 33 minutes 30 seconds East, radius of 555.69 feet and length of 137.12 feet; thence South 88 degrees 22 minutes 22 seconds East, a distance of 21.82 feet; thence North 75 degrees 47 minutes 38 seconds East, a distance of 60.00 feet; thence North 14 degrees 12 minutes 22 seconds West, a distance of 66.25 feet; thence North 75 degrees 42 minutes 07 seconds East, a distance of 150.00 feet; thence North 14 degrees 12 minutes 34 seconds West, a distance of 10.00 feet; thence North 75 degrees 42 minutes 08 seconds East, a distance of 58.80 feet; thence South 14 degrees 10 minutes 03 seconds East, a distance of 340.00 feet to the southwest corner of said First and Main Lofts Condominium Subdivision and the point of beginning. Containing 3.97 acres more or less.

 

is hereby rezoned from District M1 5 (Manufacturing 1 (dash 5)) to UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A0965, 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 the developer is responsible for dedication of parkland, private open space in lieu of parkland, or payment of cash-in-lieu of either form of dedication, or any combination thereof. The minimum area required shall be based upon the following formula (number of residential units X 2 persons per unit X 0.006 acres = required dedication in acres). Should the developer choose to pay cash-in-lieu of dedicating all or a portion of the required area, the amount due shall be based upon the 2014 acquisition rate of $16,815.50 per acre. The final UR plan shall delineate the areas, if any, to be counted toward required dedication and note the amount due, if any, for payment in lieu of dedication.

 

2.                  That the developer relocate, extend and abandon water and sewer mains as required by the Water Services Department.

 

3.                  That the developer provide and/or widen sewer easements as required by the Water Services Department.

 

4.                  That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended.

 

5.                  That the developer submit a macro storm drainage study, including a BMP level of service analysis, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

6.                  That the developer petition for the vacation of the north-south Delaware Street as shown on the development plan and relocate sewers as required by the Department of Water Services, the Land Development Division, and Development Services prior to recording the plat or prior to issuance of a building permit, whichever occurs first.


 

 

7.                  That the developer dedicate additional right of way for West 2nd Street as required by the development plan so as to provide a minimum of 50 feet of right of way, and ensure that right of way dedication is adequate for any proposed road improvements adjacent to this project as required by the Public Works Department.

 

8.                  That the developer improve West 2nd Street to local standards as required by the Public Works Department and the Land Development Division, including sidewalks, streetlights (including relocating any utilities as may be necessary), obtaining required permit for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

9.                  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.

 

10.              That the owner/developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

11.              That the owner/developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

12.              That the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit whichever occurs first.

 

13.              That the developer grant, on City approved forms, surface drainage and BMP Easements to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any building permits or bmp permits, whichever occurs first.

 

14.              That, prior to the issuance of any building permit, the developer shall submit a final UR development plan to the Director of City Development for approval. The final UR development plan shall include plans for landscaping, lighting, signage, building elevations and fencing on the east side of the property. The fence that is installed adjacent to the retaining wall on the east side of the property shall be extended from 2nd Street to the rear property line and shall be of steel or wrought iron materials. The access drive shall be setback from the east property line in such distances as delineated on the UR development plan. The landscaping plan shall include four trees of 2” caliper between the eastern property line and the access drive along with installing shrubs and other landscaping as noted on the UR development plan.

 

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 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