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Legislation #: 150155 Introduction Date: 3/5/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved development plan in District MPD on about 28.7 acres generally located south of N.W. 64th Street and on either side of N. Cosby Avenue, for assisted living, office, retail, restaurant and mixed uses, with the plan also serving as a preliminary plat. (5857-MPD-52)

Legislation History
DateMinutesDescription
3/4/2015 Filed by the Clerk's office
3/5/2015 Referred to Planning, Zoning & Economic Development Committee
3/18/2015 Advance and Do Pass, Debate
3/19/2015 Passed

View Attachments
FileTypeSizeDescription
150155.pdf Authenticated 956K Authenticated
L101.pdf Plan 2298K plan
A002b.pdf Plan 2136K plan
A002.pdf Plan 35300K * plan
C005857MPD52_Fact_Sheet.doc Fact Sheet 78K fact sheet
C005857MPD52_STAFFRPT_01_06_15.doc Staff Report 633K staff report
* - Attachment is too large for LiveWeb to display.

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ORDINANCE NO. 150155

 

Approving an amendment to a previously approved development plan in District MPD on about 28.7 acres generally located south of N.W. 64th Street and on either side of N. Cosby Avenue, for assisted living, office, retail, restaurant and mixed uses, with the plan also serving as a preliminary plat. (5857-MPD-52)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved development plan (which wills serve as the preliminary plat) in District MPD (Master Planned Development) on about 28.7 acres generally located south of N.W. 64th Street and on either side of N. Cosby Avenue, and more specifically described as follows:

 

NORTH PORTION, UNDEVELOPED LOT 1, TUILERIES PLAZA, FIRST PLAT:

 

All that part of Lot 1, Tuileries Plaza, First Plat, a subdivision of land in Kansas City, Platte County, Missouri, more particularly described as follows: Beginning at the Northeast corner of said Lot 1; thence Southerly and Southwesterly along the Easterly line of said Lot 1, said line being on a curve to the right having a radius of 225 feet, a central angle of 26 degrees 24 minutes 47 seconds and whose initial tangent bearing is South 18 degrees 14 minutes 56 seconds West, a distance of 103.72 feet, to a point of tangency; thence South 44 degrees 39 minutes 43 seconds West, along the easterly line of said Lot 1, a distance of 173.18 feet, to a point of curvature; thence Southwesterly along the Easterly line of said Lot 1, said line being on a curve to the left having a radius of 585.40 feet and a central angle of 13 degrees 34 minutes 43 seconds, a distance of 138.73 feet, to a point of tangency; thence South 31 degrees 05 minutes West, along the Easterly line of said Lot 1, a distance of 62.02 feet, to the Northeast corner of Lot 18, as shown on the Certificate of Lot Split filed in the Platte County Recorder’s Office in Book C at Page 372; thence North 67 degrees 40 minutes 37 seconds West, along the North line of said Lot 18, a distance of 275.65 feet; thence South 22 degrees 19 minutes 23 seconds West, along the North line of said Lot 18, a distance of 124.13 feet; thence North 67 degrees 40 minutes 37 seconds West, along the North line of said Lot 18, a distance of 176.85 feet, to the Northwest corner thereof; thence South 22 degrees 19 minutes 23 seconds West, along the West line of said Lot 18, a distance of 33.61 feet, to the Northeast corner of Lot 20 of said Certificate of Lot Split; thence North 67 degrees 40 minutes 37 seconds West, along the North line of said Lot 20 and along the North line of Lot 21 of said Certificate of Lot Split, a distance of 378.65 feet, to the Northwest corner of said Lot 21; said point also being on the East line of Lot 11, as shown on the Certificate of Lot Split filed in the Platte County Recorder’s office in Book D at Page 5; thence North 22 degrees 19 minutes 23 seconds East, along the East line of said Lot 11, a distance of 164.85 feet, to the Northeast corner thereof; thence South 58 degrees 37 minutes 48 seconds West, along the North line of said Lot 11, a distance of 109.47 feet; thence North 65 degrees 42 minutes 31 seconds West, along the North line of said Lot 11 and along the North line of Lots 10A and 10 of said Certificate of Lot Split, a distance of 174.65 feet; thence North 0 degrees 08 minutes 51 seconds East, along the North line of said Lot 10, a distance of 39.47 feet, to a point on the North line of Lot 1 of said Tuileries Plaza, First Plat; thence North 68 degrees 20 minutes 46 seconds East, along the North line of said Lot 1, a distance of 107.70 feet; thence South 89 degrees 51 minutes 09 seconds East, along the North line of said Lot 1, a distance of 348.05 feet; thence South 78 degrees 56 minutes 19 seconds East, along the North line of said Lot 1, a distance of 130.31 feet; thence South 83 degrees 00 minutes 35 seconds East, along the North line of said Lot 1, a distance of 82.61 feet; thence North 70 degrees 49 minutes 25 seconds East, along the North line of said Lot 1, a distance of 104.30 feet; thence South 89 degrees 51 minutes 09 seconds East, along the North line of said Lot 1, a distance of 115.48 feet, to the Northwest corner of Lot 30 of said Tuileries Plaza, First Plat; thence South 22 degrees 06 minutes 18 seconds West, along the West line of said Lot 30, a distance of 166.57 feet, to the Southwest corner thereof; thence South 67 degrees 36 minutes 37 seconds East, along the South line of said Lot 30, a distance of 245.33 feet, to the Southeast corner thereof; thence North 26 degrees 27 minutes 07 seconds East, along the East line of said Lot 30, a distance of 145.63 feet, to a point of curvature; thence Northerly and Northwesterly, along the East line of said Lot 30, said line being on a curve to the left, having a radius of 58 feet and a central angle of 96 degrees 12 minutes 33 seconds, a distance of 97.39 feet; thence North 45 degrees 23 minutes 35 seconds West, along the East line of said Lot 30, a distance of 52.29 feet, to the Northeast corner thereof, said point also being on the North line of said Lot 1; thence South 89 degrees 51 minutes 09 seconds East, along the North line of said Lot 1, a distance of 68.14 feet; thence South 68 degrees 03 minutes 04 seconds East, along the North line of said Lot 1, a distance of 107.70 feet; thence South 89 degrees 51 minutes 09 seconds East, along the North line of said Lot 1, a distance of 111.09, to the point of beginning, containing 7.121 acres, more or less.

 

SOUTH PORTION, UNDEVELOPED LOT 1, TUILERIES PLAZA, FIRST PLAT

 

All that part of Lot 1, Tuileries Plaza, First Plat, a subdivision of land in Kansas City, Platte County, Missouri, more particularly described as follows: Commencing at the Northeast corner of said Lot 1; thence Southwesterly along the East line of said Lot 1, said line being on a curve to the right, having a radius of 225.00 feet, a central angle of 26 degrees 24 minutes 47 seconds and whose initial tangent bearing is South 18 degrees 14 minutes 56 seconds West, a distance of 103.72 feet, to a point of tangency; thence South 44 degrees 39 minutes 43 seconds West, along the East line of said Lot 1, a distance of 173.18 feet, to a point of curvature; thence Southwesterly, along the East line of said Lot 1, said line being on a curve to the left, having a radius of 585.40 feet and a central angle of 13 degrees 34 minutes 43 seconds, a distance of 138.73 feet, to a point of tangency; thence South 31 degrees 05 minutes 00 seconds West, along the East line of said Lot 1 and along the East line of Lot 18, as shown on the Certificate of Survey filed in the Recorder's Office, Platte County, Missouri in Book C at Page 372, a distance of 328.68 feet, to a point of tangency; thence Southwesterly, along the East line of said Lot 18, said line being on a curve to the right, having a radius of 545.00 feet and a central angle of 3 degrees 13 minutes 19 seconds, a distance of 30.65 feet, to the Southeast corner thereof, said point also being the true point of beginning of subject tract; thence Northwesterly, along the South line of said Lot 18, said line being on a curve to the left, having a radius of 289.85 feet, a central angle of 5 degrees 52 minutes 38 seconds and whose initial tangent bearing is North 61 degrees 47 minutes 59 seconds West, a distance of 29.73 feet, to a point of tangency; thence North 67 degrees 40 minutes 37 seconds West, along the South line of said Lot 18 and along the South line of Lots 20 and 21 as shown on said Certificate of Survey filed in the Recorder's Office, Platte County, Missouri in Book C at Page 372, a distance of 755.35 feet, to the Southwest corner of said Lot 21; thence South 22 degrees 19 minutes 23 seconds West, along the East line of Lots 12 and 12A, as shown the Certificate of Survey filed in the Recorder's Office, Platte County, Missouri in Book C at Page 371 and along the East line of Lot 13 as shown on the Certificate of Survey filed in the Recorder's Office, Platte County, Missouri in Book D at Page 204, a distance of 417.00 feet, to the Southeast corner of said Lot 13, said point also being on the South line of said Lot 1; thence Southeasterly, along the South line of said Lot 1, said line being on a curve to the right, having a radius of 2530.00 feet, a central angle of 4 degrees 24 minutes 04 seconds and whose initial tangent bearing is South 65 degrees 57 minutes 38 seconds East, a distance of 194.34 feet, to a point of reverse curvature; thence Southeasterly, Easterly and Northeasterly, along the South and East line of said Lot 1, said line being on a curve to the left, having a radius of 545.00 feet, a central angle of 84 degrees 08 minutes 07 seconds and whose initial tangent bearing is South 61 degrees 33 minutes 34 seconds, a distance of 800.30 feet, to the true point of beginning of subject tract, containing 279,845 square feet, more or less, equal to 6.424 acres, more or less.

 


(McCRAY LAND):

 

All of Tract B, Tuileries Plaza, First Plat, a subdivision of land in the City of Kansas City, Platte County, Missouri and all that part of the NE 1/4 of Section 30, Township 51N, Range 33W, in Kansas City, Platte County, Missouri, more particularly described as follows: Commencing at the Northwest corner of the NE 1/4 of said Section 30; thence South 1 degree 19 minutes 33 seconds West, along the West line of the NE 1/4 of said Section 30, a distance of 1290.34 feet; thence South 88 degrees 40 minutes 27 seconds East, perpendicular to the last described course, a distance of 3 feet, to the East line of Cosby Avenue, as now established, said point also being the South corner of said Tract B, also being the true point of beginning of subject tract; thence North 1 degree 19 minutes 33 seconds East, along the East right-of-way line of said North Cosby Avenue and along the West line of said Tract B, a distance of 180.25 feet, to a point of curvature; thence Northerly, Northeasterly and Easterly, along the Southeasterly right-of-way line of said Cosby Avenue and along the Northwesterly line of said Tract B, said line being on a curve to the right, having a radius of 15 feet and a central angle of 82 degrees 39 minutes 34 seconds, a distance of 21.64 feet, to a point of reverse curvature, thence Northeasterly along the Southeasterly right-of-way line of said North Cosby Avenue and along the North line of said Tract A and its extension, said line being on a curve to the left, having a radius of 605 feet, a central angle of 52 degrees 54 minutes 25 seconds and whose initial tangent bearing is North 83 degrees 59 minutes 07 seconds East, a distance of 558.65 feet, to a point of tangency; thence North 31 degrees 04 minutes 42 seconds East, along the Southeasterly right-of-way line of said Cosby Avenue, a distance of 192.31 feet, to a point of curvature; thence Northeasterly, along the Southeasterly right of way line of said North Cosby Avenue, said line being on a curve to the right, having a radius of 504.96 feet and a central angle of 17 degrees 03 minutes 09 seconds, a distance of 150.29 feet, to a point of tangency; thence North 48 degrees 07 minutes 51 seconds East, along the Southeasterly line of said North Cosby Avenue, a distance of 260.13 feet, to the Westerly line of Northwest 62nd Terrace, as now established; thence Easterly and Southeasterly, along the Westerly line of said Northwest 62nd Terrace, said line being on a curve to the right, having a radius of 18 feet, a central angle of 77 degrees 24 minutes 47 seconds and whose initial tangent bearing is North 66 degrees 43 minutes 41 seconds East, a distance of 24.32 feet, to a point of compound curvature; thence Southeasterly, along the Westerly right-of-way line of said Northwest 62nd Terrace, said line being on a curve to the right, having a radius of 130.30 feet, a central angle of 25 degrees 26 minutes 32 seconds, and whose initial tangent bearing is South 35 degrees 51 minutes 50 seconds East, a distance of 57.86 feet, to a point of tangency; thence South 10 degrees 25 minutes 18 seconds East, along the Westerly right-of-way line of said Northwest 62nd Terrace, a distance of 82.59 feet, to the North corner of Tract A, Tremont Manor, a subdivision of land in Kansas City, Platte County, Missouri; thence South 35 degrees 32 minutes 12 seconds West, along the West line of said Tremont Manor, a distance of 261.22 feet; thence South 4 degrees 32 minutes 12 seconds West, along the West line of said Tremont Manor, a distance of 330 feet; thence South 9 degrees 27 minutes 48 seconds East, along the West line of said Tremont Manor, a distance of 165 feet; thence South 36 degrees 32 minutes 12 seconds West, along the West line of said Tremont Manor, a distance of 869.84 feet, to the most Northerly Northeast corner of Tract A, Tremont Manor – 7th Plat, a subdivision in Kansas City, Platte County, Missouri; thence South 87 degrees 24 minutes 47 seconds West, along the North line of said Tremont Manor – 7th Plat, a distance of 272.41 feet, to a point on the East line of said North Cosby Avenue; thence Northerly along the East right-of-way line of said North Cosby Avenue, said line being on a curve to the left, having a radius of 780 feet, a central angle of 19 degrees 49 minutes and whose initial tangent bearing is North 16 degrees 00 minutes 30 seconds East, a distance of 269.78 feet, to a point of tangency; thence North 3 degrees 48 minutes 31 seconds West, along the East right-of way line of said North Cosby Avenue, a distance of 144.79 feet, to a point of curvature; thence Northerly, along the East right-of-way line of said North Cosby Avenue, said line being on a curve to the right, having a radius of 720 feet and a central angle of 5 degrees 08 minutes 04 seconds, a distance of 64.52 feet, to a point of tangency; thence North 1 degree 19 minutes 33 seconds East, along the East right-of-way line of said North Cosby Avenue, a distance of 141.81 feet, to the true point of beginning.

 

TRACT 7A-LOT 12A LEGAL DESCRIPTION:

 

All of Lot 12A, as shown on certificate of lot split of part of lot 1, Tuileries Plaza, First Plat, a subdivision of land in Kansas City, Platte Country, Missouri, said lot split having been recorded December 30, 2005, as document No. 24427 in book C, page 371, more particularly described as: All that part of lot 1, Tuileries Plaza, First Plat, a subdivision of land now in Kansas City, Platte Country, Missouri, more particularly described as follows: Commencing at the northeast corner of said lot 1; thence southerly and southwesterly along the easterly line of said lot 1, said line being on a curve to the right having a radius of 225 feet, a central angle of 26 degrees 24 minutes 47 seconds and whose initial tangent bearing is South 18 degrees 14 minutes 58 seconds West, a distance of 103.72 feet, to a point of tangency; thence South 44 degrees 39 minutes 43 seconds West, along the easterly line of said lot 1, a distance of 173.18 feet, to a point of curvature; thence southwesterly along the easterly line of said lot 1, said line being on a curve to the left having a radius of 585.40 feet and a central angle of 13 degrees 34 minutes 43 seconds, a distance of 138.73 feet, to a point of tangency; thence South 31 degrees 05 minutes West, along the easterly line of said lot 1 a distance of 328.69 feet, to a point of curvature; thence southwesterly along a curve to the right having a radius of 545 feet and a central angle of 3 degrees 13 minutes 19 seconds, a distance of 30.65 feet; thence northwesterly along a curve to the left having a radius of 289.85 feet, a central angle of South 5 degrees 52 minutes 38 seconds and whose initial tangent bearing is North 61 degrees 47 minutes 59 seconds Wests, a distance of 29.73 feet, to a point of tangency; thence North 67 degrees 40 minutes 37 seconds West, a distance of 755.35 feet, to the true point of beginning of subject tract; thence continuing North 67 degrees 40 minutes 37 seconds West, a distance of 173.12’ feet; thence South 22 degrees 19 minutes 23 seconds West, a distance of 121.07 feet; thence South 67 degrees 40 minutes 37 seconds East, a distance of 173.12 feet; thence North 22 degrees 19 minutes 23 seconds East, a distance of 121.07 feet, to the true point of beginning of subject tract.

 

is hereby approved, subject to the following conditions:

 

1. 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.

 

2. That the developer submit a new, or update a previously accepted Macro Storm Drainage Study for the overall development to the Land Development Division, updating the Macro to address quantity and quality adopted standards, development amendments or modified conveyance systems, etc., along with providing a detailed Micro study prior to final platting or issuance of a building permit (whichever occurs first), that is in general compliance with the Macro and adopted standards, including a BMP level of service analysis, and securing permits to construct any improvements as required by the Land Development Division. The Macro Storm Drainage Study will include modifications to the west and east detention pond to bring the rate of runoff into compliance with the current APWA 5600. The post development flow will be less or equal than the pre-development flow.

 

3. That the intersection of N. Cosby Avenue and N.W. 63rd Street shall be improved to complete the sidewalk, crosswalk, and ADA ramp improvements to properly tie this project’s improvements into existing pedestrian improvements to adopted standards as required by the Public Works Department and the Land Development Division, obtaining required permits for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

4. That the developer construct 5 foot sidewalks along all street frontages adjacent to tracts at the time of platting or at the time of building permit for each lot, as required by the Land Development Division.

 

5. That the developer pay impact fees as required by Chapter 39 of the City’s Code of Ordinances as required by the Land Development Division.

 

6. That the developer obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required 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.

 

7. That the developer integrate any relocated streetlights into existing streetlight system impacted by the drive modifications as required by the Land Development Division for City frontages.

 

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 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.

 

11. That the developer verify vertical and horizontal sight distance for all drive approaches and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met.

 

12. That the developer show the limits of the 100-year floodplain on the final plat, as required by the Land Development Division.

 

13. That the developer must show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on any plat and plan, as required by the Land Development Division.

 

14. That any stream buffer zones are delineated by submitting a preliminary buffer plan prior to approval of the amended Development Plan in accordance with the Section 88-415 requirements.

 

15. That the developer submit a final stream buffer plan, prepared in accordance with Section 88-415, for review and acceptance by the Land Development Division, with the final plat application, and prior to building permit issuance, whichever occurs first.

 

16. That the developer show and label the final stream buffer zones on the subdivision plat within a private open space tract (or stream buffer easement), as required by the Land Development Division.

 

17. That the developer submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or storm water detention area tracts, prior to recording the plat.

 

18. That the developer contribute $68,809.03 or a rate of $201.79 per unit, in lieu of parkland dedication for 341 multifamily units in satisfaction of Section 88-405-17 of the Zoning and Development Code, calculated as follows:

 

·                    341 MF units x 2 persons/unit x 0.006 acres/person = 4.092 acres

·                    4.092 acres x $16,815.50/acre = $68,809.03 or $201.79 per unit.

 

19. That the developer install fire hydrants as required by the Fire Marshal’s Office.

 

20. That the developer extend, relocate and abandon private and public water mains as required by the Water Services Department staff.

 

21. That the developer relocate and abandon sanitary sewer mains as required by the Water Services Department staff.

 

22. That the developer provide water and sanitary sewer easements as required by the Water Services Department staff.

 

23. That the developer provide wider easements for existing water and sanitary sewer mains as required by the Water Services Department staff.

 

24. That within 30 days of approval of a preliminary development plan by the City Council, the landowner must file with the appropriate recorder of deeds office a statement that such a plan: (1) has been filed with the City Plan Commission; (2) has been approved; (3) that the MPD preliminary development plan is applicable to certain specified legally-described land; and (4) that copies of the plan are on file in the City Development Department. The statement recorded with the recorder of deeds must also specify the nature of the plan, the proposed density or intensity of land use and other pertinent information sufficient to notify any prospective purchasers or users of the land of the existence of such a plan and further include all information as required by Section 88-520-03-H.

 

25. That the developer submit a Final MPD development plan with the City Development Department after approval of and before the lapse of a preliminary development plan. The 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.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 001498, which is attached hereto and 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