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Legislation #: 090851 Introduction Date: 9/24/2009
Type: Ordinance Effective Date: 12/13/2009
Sponsor: COUNCILMEMBER CIRCO
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. (12708-URD-1)

Legislation History
DateMinutesDescription
9/24/2009 Filed by the Clerk's office
9/24/2009 Referred to Planning and Zoning Committee
10/14/2009 Hold On Agenda (10/21/2009)
10/21/2009 Hold On Agenda (11/4/2009)
11/4/2009 Hold On Agenda (11/18/2009)
12/2/2009 Advance and Do Pass as a Committee Substitute, Debate
12/3/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090851.pdf Authenticated 337K AUTHENTICATED
C000139S6_FactSheet_11_16_09.doc Fact Sheet 155K fact sheet
C000139S6_STAFFRPT_11_03_09.doc Staff Report 171K staff report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090851

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. (12708-URD-1)

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 Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer submit and update the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study, including a BMP level of service analysis for the amended area, for review and acceptance prior to clearance of the final plat and make necessary improvements as required by Development Services.

 

3. That the developer submit for the HAKC Project Area only an update to the previously accepted macro storm drainage study prepared for the overall development to address the development of the HAKC Project Area, along with a detailed micro study, including a BMP level of service analysis for the HAKC Project Area, for review and acceptance prior to clearance of the final plat and make necessary improvements as required by Development Services.

 

4. That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to beginning any construction activities.

 

5. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area equals or exceeds one acre.

6. That the developer comply with the National Historic Preservation Act, 16 U.S.C. Section 470, et seq., and the Secretary of Interior Standards, 36 C.F.R. Section 800, et seq., including, but not limited to, Section 106 review and comply with the Memorandum of Understanding executed regarding this area.

 

7. That the developer design and construct all public and private interior streets to City standards, with exceptions to the standards noted on the typical section details included with the approved development plan, as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

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, except as may be permitted by Federal law.

 

9. That the developer extend water mains as required by the Water Services Department.

 

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

 

11. That the developer subordinate to the City all private interest in the area of any right-of-way dedication, as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

12. That the developer dedicate additional right of way for 27th Street as required by Development Services so as to provide 40 feet of right of way as measured from the centerline of 27th Street from Troost Avenue on the west to the alley next west of Tracy Avenue on the east and from West Paseo Boulevard on the west to The Paseo Boulevard on the east as measured from the centerline of 27th Street.

 

13. That the developer improve the north one half of 27th Street from Troost Avenue on the west to the alley next west of Tracy Avenue on the east and from West Paseo Boulevard on the west to The Paseo Boulevard on the east to arterial street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

14. That the developer submit a street name sign plan for the entire development plan area to the Street Naming Committee for approval prior to the submittal of the first final plat.

 

15. That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. 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 Development Services, prior to recording the plat.

 

16. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities, prior to recording the plat.

 

17. That the developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat.

 

18. That the developer secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat.

 

19. That the developer grant a Surface Drainage Easement to the City as required by Development Services, on the final plat.

 

20. That the developer grant a BMP Easement to the City, as required by Development Services, on the final plat.

 

21. That the developer submit covenants, conditions and restrictions to Development Services 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.

 

22. That the developer provide justification and design data for non-standard horizontal radii on all streets to the Department of Public Works for approval and show these radii on the development plan as approved by the Department of Public Works prior to ordinance introduction.

 

23. 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.

 

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

 

25. That the developer improve the south half of 27th Street, east of Troost Avenue, along the project frontage within the development plan to secondary arterial street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

26. That the developer or other developer of the Commercial Property, at such time as the Commercial Property is demolished, enter into a deferral agreement as required by the Department of Public Works prior to the approval of a site plan for the Commercial Property located at the southwest corner of 27th Street and Troost Avenue whereby the developer agrees to dedicate additional right of way for 27th Street, west of Troost Avenue, along the project frontage so as to provide 40 of right of way as measured from the centerline of 27th Street and improve 27th Street, west of Troost Avenue, along the project frontage to secondary arterial street standards, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

27. That the developer submit a site plan 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.

 

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

 

29. That the HAKC Project Area shall be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations, prior to applying for a final certificate of occupancy.

 

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