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Legislation #: 130324 Introduction Date: 4/18/2013
Type: Ordinance Effective Date: 5/19/2013
Sponsor: COUNCILMEMBER REED
Title: Approving an amendment to a previously approved development plan in District URD on approximately 94 acres generally bounded by 22nd Street on the north, Bruce R. Watkins Drive and The Paseo on the east, 27th Street and approximately 100 feet south of 27th Street at Troost Avenue on the south, and Troost Avenue and approximately 150 feet west of Troost Avenue at 27th Street on the west to allow for a student housing development. (12708-URD-2)

Legislation History
DateMinutesDescription
4/19/2013 Filed by the Clerk's office
4/18/2013 Councilmember Reed Move To Introduce
4/18/2013 Referred to Planning, Zoning & Economic Development Committee
5/8/2013 Advance and Do Pass, Debate
5/9/2013 Passed

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130324 Fact Sheet.pdf Fact Sheet 327K Fact Sheet
C012708UR2_STAFFRPT_FINAL_REPORT_08_07_12.pdf Staff Report 6136K Staff Report
130324 Affadavit.pdf Advertise Notice 76K Affadavit of Publication

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ORDINANCE NO. 130324

 

Approving an amendment to a previously approved development plan in District URD on approximately 94 acres generally bounded by 22nd Street on the north, Bruce R. Watkins Drive and The Paseo on the east, 27th Street and approximately 100 feet south of 27th Street at Troost Avenue on the south, and Troost Avenue and approximately 150 feet west of Troost Avenue at 27th Street on the west to allow for a student housing development. (12708-URD-2)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved development plan in District URD (Urban Redevelopment District) on approximately 94 acres generally bounded by 22nd Street on the north, Bruce R. Watkins Drive and The Paseo on the east, 27th Street and approximately 100 feet south of 27th Street at Troost Avenue on the south, and Troost Avenue and approximately 150 feet west of Troost Avenue at 27th Street on the west, more specifically described as follows:

 

Commencing at the intersection of the centerline of 27th Street with the centerline of Troost Avenue, said point being the point of beginning of the herein described tract; thence north along the centerline of Troost Avenue to the centerline of 23rd Street; thence north along the centerline of relocated Troost Avenue to the centerline of 22nd Street; thence east along the centerline of 22nd Street to the northerly prolongation of the east line of the west three and one half feet of Lot 21, Mount Prospect Addition, a subdivision in Kansas City, Jackson County, Missouri; thence south along the aforesaid northerly prolongation and east line of the west three and one half feet of said Lot 21 to the south line of Lot 25, said Mount Prospect Addition; thence west along the south line of said Lot 25, and the westerly prolongation of said south line to the centerline of Lydia Avenue; thence south along said centerline to the centerline of 23rd Street; thence west along the centerline of said 23rd Street to the centerline of Tracy Avenue, said point also being the centerline of the 23rd-24th Street connection; thence southwesterly along the centerline of said connection to the centerline of Bruce Watkins Drive; thence southeasterly along said Bruce Watkins Drive to the centerline of The Paseo; thence south along the centerline of The Paseo to the centerline of 25th Street; thence east along the centerline of 25th Street to the centerline of Bruce Watkins Drive; thence south along the centerline of Bruce Watkins Drive to the centerline of 27th Street; thence west along the centerline of 27th Street to the northerly prolongation of the east line of Lot 1, Block 9, Continuation of Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri; thence south along said northerly prolongation and east line of said Lot 1, to the southeast corner of said Lot 1; thence west along the south line of said Lot 1 and westerly prolongation thereof, to the centerline of Troost Avenue; thence south along the centerline of Troost Avenue to a point 180 feet south of the centerline of 27th Street; thence west along a line 180 feet south of and parallel to the centerline of 27th Street, a distance of 40 feet to a point on the east line of an unlabeled tract in Block 10, said Continuation of Beacon Hill, said point also being on the west right of way line of Troost Avenue; thence continuing west along a line 180 feet south of and parallel to the centerline of 27th Street, a distance of 150 feet, to a point on the east line of Lot 13, said Block 10; thence north, along the east line of Lots 13, 14, 15 and the northerly prolongation thereof, 180 feet to the centerline of 27th Street; thence east along the centerline of 27th Street, a distance of 190 feet to the point of beginning.

 is hereby approved, subject to the following conditions:

1.                  That the developer cause the area to be platted and processed in accordance with the subdivision regulations in Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

2.        That the developer submit an update to the previously accepted macro drainage study for the overall development to address the development amendments along with a detailed micro storm drainage study, including a BMP level of service analysis, stormwater management mitigation, and proposed installation of permanent BMP's.  All new projects within the UR boundary, whose stormwater discharge is tributary to stormwater facilities designed and constructed since the approval of the original Beacon Hill URD, which are substantially in compliance with the, degree of imperviousness resulting from the land use as noted in the original Beacon Hill URD plan, shall provide stormwater management systems that are in conformance with the original stormwater design assumptions and criteria.  New projects which increase impervious areas beyond the original Beacon Hill URD plan shall provide stormwater management facilities which meet the most current criteria adopted by Land Development Division.  The developer must 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.

 

3.        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.

 

4.       That the developer integrate into the existing streetlight system (and utility poles) any relocated existing streetlights (and utility poles) within the street right-of-way impacted by the new drive or approach entrances, as required by the Land Development Division, and the relocated lights (and utility poles) must comply with all adopted lighting standards (and utility companies).

 

5.        That the owner/developer submit plans for grading, siltation, and erosion control to 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.

 

6. 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.

 

7. That the developer design and construct all public and private interior streets/alleys to City standards, as required by Land Development Division, including curb and gutter, storm sewers, streetlights, and sidewalks, with exceptions to the standards noted on the typical section details included with the approved development plan.  (REVISED DEW 6-6-2012 to add "alleys')

 

8.   That the developer provide approved noise levels for the 65 dBA noise contour on all final plats which have frontage on all state and federal roadways and include language on the final plats that no residential uses will be allowed within these noise contours.

 

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 shall be responsible for all costs associated with subordination activities now and in the future.

 

10 That the developer submit covenants, conditions and restrictions to Land Development Division for approval by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, prior to recording the plat.

 

11.  That the developer construct a raised median on Beacon Hill Lane at its intersection with Troost Avenue as shown on the development plan as required by the Department of Public Works so as to prohibit left turns onto Beacon Hill Lane from Troost Avenue and out of Beacon Hill Lane onto Troost Avenue.

 

12.   That the developer dedicate right of way for 22nd Street as shown on the development plan as required by Land Development Division.

 

13. 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 occupancy permits.

 

14. That the developer obtain the executed and recorded grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

15. 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.

 

16. That the developer provide a cross-access easement across shared drives and parking areas between lot access drives and project access drives to public street including any parking areas that would reasonably be used, as required by the Land Development Division.

 

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

 

18 That the developer grant a Surface Drainage Easement to the City as required by Chapter 88 and Land Development Division, on the final plat.

 

19.   That the developer secure permits to reconstruct sidewalks, curbs and drive entrances (and associated streetscape) along the project frontage per the approved plan and where modifying the sidewalk at the drive modifications as required by Land Development Division and meeting ADA requirements, prior to working in the right-of-way and prior to issuance of any site or building permits.

 

20. That the development area is located in the combined sewer portion of the City.  Sewers in this portion of the City which existed prior to the approval of the original URD Plan are generally inadequate to convey storm water flows based on currently accepted design criteria.  Those sewers have been rehabilitated and are structurally sound, but the storm water capacity issues remain.  Sanitary sewer service connections shall be made to the rehabilitated sewers, and storm sewer connections shall be made to new storm sewer systems designed to meet the requirements of condition 3 above.

 

21.   That the developer provide fire protection as required by the Fire Department. 

 

22.   That the developer extend/abandon and relocate water mains and sewers as required by the Water Services Department. 

 

23.   That the developer provide water and sewer easements as required by the Water Services Department. 

 

24. That the developer submit a street tree planting plan prior to or concurrent with the final plat submittal, secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots (with a copy to be submitted to the City Planning and Development Department staff), and plant in conformance with the plan approved by the City Forester.  The plan shall include size, type, species, and placement of trees.

25. That the developer provide a running total of private open space per each plat. 

 

26.  That the developer submit a site plan for each phase to the Director of City Development for approval prior to the issuance of a building permit. The site plans shall include: development plan information, property uses, setback distances, lighting, landscaping, signage (including elevations), and architectural characteristics. The landscaping plan shall identify adequate areas for planting of trees and shrubs within the parking lots.

 

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.

_____________________________________________

 


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