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Legislation #: 120845 Introduction Date: 9/27/2012
Type: Ordinance Effective Date: 11/4/2012
Sponsor: None
Title: Approving an amendment to a previously approved preliminary plan in District UR (Urban Redevelopment), on a 12.2 acre tract of land generally located at the southeast corner of Troost Avenue and Emanuel Cleaver II Boulevard, to allow for the elimination of the 10 residential units and approval of 75,500 square feet of existing and future retail/commercial development. (12034-UR-3)

Legislation History
DateMinutesDescription
9/27/2012 Filed by the Clerk's office
9/27/2012 Referred to Planning, Zoning & Economic Development Committee
10/17/2012 Hold On Agenda (10/24/2012)
10/24/2012 Advance and Do Pass, Debate
10/25/2012 Passed

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120845.pdf Authenticated 145K AUTHENTICATED
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120845 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120845
120845 Document Map.pdf Maps 102K Document Map
Adv 101712.pdf Advertise Notice 8K Advertising Notice
120845 Fact Sheet.xlsx Fact Sheet 39K Fact Sheet
C012034UR3_CPCSTAFFRPT_06_19_12.pdf Staff Report 1488K Staff Report

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ORDINANCE NO. 120845

 

Approving an amendment to a previously approved preliminary plan in District UR (Urban Redevelopment), on a 12.2 acre tract of land generally located at the southeast corner of Troost Avenue and Emanuel Cleaver II Boulevard, to allow for the elimination of the 10 residential units and approval of 75,500 square feet of existing and future retail/commercial development. (12034-UR-3)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District UR, on a 12.2 acre tract of land generally located at the southeast corner of Troost Avenue and Emanuel Cleaver II Boulevard, and more specifically described as follows:

 

All that part of Gates Plaza East, a subdivision in Section 28, Township 49 North, Range 33 West, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Southwest Quarter of said Section 28; thence South 02 degrees 38 minutes 54 seconds West, along the West Line of said Quarter-Quarter Section, 45.04 feet; thence South 87 degrees 12 minutes 24 seconds East, 40.00 feet to the point of intersection of the East Right-of-Way Line of Troost Avenue with the South Right-of-Way Line of Emanuel Cleaver II Blvd., said South Right-of-Way Line established by Ordinance No. 53630, October 11, 1926, said point also being the Point of Beginning of the tract herein described; thence continuing South 87 degrees 12 minutes 24 seconds East (the following four courses being along said South Right-of-Way Line), 893.33 feet; thence South 77 degrees 24 minutes 17 seconds East, 60.91 feet to the Northwest corner of Lot 4 of said Gates Plaza East; thence North 85 degrees 51 minutes 45 seconds East, 20.90 feet; thence South 66 degrees 30 minutes 38 seconds East, 106.18 feet to a point 120 feet East of the East Right-of-Way Line of Virginia Avenue as established by Ordinance No. 32674, recorded May 9, 1918, said point being on the West Right-of-Way Line of The Paseo, as established by Ordinance No. 52089, approved March 23, 1926; thence South 02 degrees 40 minutes 01 seconds West, along said West Right-of-Way Line, 120 feet East of and parallel with the East Right-of-Way Line of said Virginia Avenue, 365.35 feet; thence South 21 degrees 46 minutes 19 seconds West, 132.42 feet; thence North 87 degrees 08 minutes 25 seconds West, 126.66 feet; thence North 43 degrees 10 minutes 40 seconds West, 42.35 feet to a point on the Easterly Right-of-Way Line of the cul-de-sac at the intersection of 47th Terrace with Virginia Avenue, as now established; thence southwesterly along a curve to the right, having a radius of 62.00 feet, a Central Angle of 48 degrees 09 minutes 31 seconds and an Initial Tangent Bearing of South 13 degrees 56 minutes 50 seconds West, an arc length of 52.11 feet; thence South 43 degrees 10 minutes 33 seconds East, 62.22 feet; thence South 10 degrees 39 minutes 33 seconds West, 11.99 feet; thence South 38 degrees 31 minutes 18 seconds West, 39.86 feet; thence South 4 degrees 06 minutes 10 seconds West, 27.53 feet to a point on the North Right-of-Way Line of Volker Blvd., as now established; thence South 63 degrees 00 minutes 54 seconds West along said line, 240.66 feet; thence North 02 degrees 39 minutes 16 seconds East, 320.97 feet to the Northwest corner of Lot 5, said Gates Plaza East; thence North 64 degrees 13 minutes 46 seconds West, 65.66 feet; thence along a tangent curve to the left, having a radius of 265.00 feet, a Central Angle of 23 degrees 00 minutes 43 seconds and an arc length of 106.43 feet; thence North 87 degrees 14 minutes 29 seconds West, 474.26 feet; thence along a tangent curve to the left, having a radius of 15.00 feet, a Central Angle of 90 degrees 06 minutes 37 seconds and an arc length of 23.59 feet to a point on the East Right-of-Way Line of said Troost Avenue; thence North 02 degrees 38 minutes 54 seconds East, 429.90 feet to the Point of Beginning.

 

is hereby approved, subject to the following conditions:

 

1.                  That the developer place a note on the face of the plan that limits the permitted uses to the uses permitted in the B-1 zoning district only, and that signage shall meet the requirements of Chapter 88-445 in its entirety.

 

2.                  That the developer provide short and long term bicycle parking for the remainder of phase II and phase III as required by Chapter 88-420-09.

 

3.                  That the developer submit a macro and detailed micro storm drainage study, including a BMP level of service analysis, stormwater management mitigation, and proposed installation of permanent BMP's all in accordance with strategic policies of the January 30, 2009 Overflow Control Plan, Sections 7, Watershed Master Plan, APWA 5600, and BMP Manual, 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.

 

4.                  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.

 

5.                  That the developer dedicate additional right of way for Emanuel Cleaver II Boulevard as required by Parks and Recreation so as to provide for 50 feet of right-of-way as measured from the centerline of Emanuel Cleaver II Boulevard and further that the developer remove the 10 foot wide KCP&L easement on Lot 1 and relocate the 10 foot wide utility easement on Lots 2, 3 and 4 south of and adjacent to the proposed additional feet of right-of-way dedication as required by Development Services and the Parks and Recreation Department and further that the developer agree for Lot 1, that an additional five (5) feet of right of way shall be dedicated from Lot 1 so as to provide 50 feet of right of way as measured from the centerline of Emanuel Cleaver II Boulevard, and further that a 10 foot wide utility easement shall be south of and adjacent to the proposed additional five (5) feet of right of way dedication, all at such time that the existing building/s are removed and prior to the issuance of a building permit as required by Development Services and the Water Services Department. (Contact Parks and Recreation Department regarding this dedication condition.)

 

6.                  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 the 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 and that the developer 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.

 

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

 

8.                  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.

 

9.                  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.

 

10.              That the developer provide acceptable easements for any deep sewers where proposed fill is added or where the sewer will be further obstructed by surface improvements and that a structural analysis be provided to confirm adequate structural integrity for the proposed loading conditions of this plan, and secure permits and provide City approved executed and recorded easement prior to adding fill or constructing surface obstructions, as required by Land Development Division.

 

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

 

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 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.

 

14.              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.

 

15.              That the developer reconstruct sidewalks, curbs and drive entrances (and associated streetscape) along the project frontage per the approved plan and where modifying the sidewalks at the drive modifications and to a tie-in point with the existing sidewalks as required by the 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.

 

16.              That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division for the amended use of the property and address any inadequacies therein prior to issuance of connection authorization and/or issuance of any temporary certificate of occupancy (TCO).

 

17.              That the developer submit a streetscape plan (and associated rapid transit corridor on Troost Avenue) for approval and permitting by the Land Development Division prior to beginning construction of the streetscape improvements in the public right of way, and construct ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired.


 

18.              That the developer improve Emanuel Cleaver II Boulevard as required by the Parks and Recreation Department.

 

19.              That the developer extend water mains and provide sewer and water main easements as required by Water Services Department.

 

20.              That the developer submit a final UR Development Plan for each project or phase of the development to the Director of City Development for approval prior to issuance of a building permit. The final UR Development Plan shall meet the development standards of Chapter 88-400 including; plan information; property uses; setback distances; lighting (with a photometric study); landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery; (ii) buildings and dumpster elevation drawings; (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section; streetscaping; signage (including elevations); and architectural characteristics.

 

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section B. 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