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