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Legislation #: 130554 Introduction Date: 7/11/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved preliminary development plan in District M2-3 on approximately 59 acres generally located at the southeast quadrant of N. Congress Avenue and N.W. 112th Street. (13556-P-4)

Legislation History
DateMinutesDescription
7/11/2013 Filed by the Clerk's office
7/11/2013 Referred to Planning, Zoning & Economic Development Committee
7/31/2013 Advance and Do Pass, Debate
8/1/2013 Passed

View Attachments
FileTypeSizeDescription
130554 Aff.pdf Other 73K Affidavit of Publication
130554.pdf Authenticated 400K Authenticated
130554 Staff Report.pdf Staff Report 199K Staff Report
130554 Fact Sheet.pdf Fact Sheet 239K Fact Sheet

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ORDINANCE NO. 130554

 

Approving an amendment to a previously approved preliminary development plan in District M2-3 on approximately 59 acres generally located at the southeast quadrant of N. Congress Avenue and N.W. 112th Street. (13556-P-4)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved (under Chapter 80) preliminary plan in District M2-3 (formerly GP-1 (General Industry)) on approximately 59 acres generally located at the southeast quadrant of N. Congress Avenue and N.W. 112th Street, and more specifically described as follows:

 

The North 70 acres of the Northeast Quarter of Section 25, Township 52 North of the Baseline, Range 34 West of the Fifth Principal Meridian, Kansas City, Platte County, Missouri, subject to and with the benefit of terms and provisions of boundary line description and agreement of record in Book 343, Page 208 in the Office of the Recorder of Deeds, Platte County, Missouri, except that part conveyed to Kansas City In Book 599, Page 53, and in Book 599, Page 57, more particularly described as follows: Beginning at the Northeast corner of said Northeast Quarter; Thence South 00 degrees 32 minutes 27 seconds West on the East line of said Northeast Quarter, 1168.34 feet to a Line lying 165 feet North of and Parallel to the South Line of the North Half of said Northeast Quarter, as described by the Boundary Line Description and Agreement recorded as Book 343, Page 208 in the Platte County Recorder’s Office; thence North 89 degrees 54 minutes 48 seconds West on said line 2641.17 feet to the East Right-of-way line of North Congress Avenue, being 30 feet east of, as measured perpendicular to, the west line of said Northeast Quarter; thence North 00 degrees 12 minutes 40 seconds East on said Right-of-way Line, 1167.39 feet to the North Line of said Northeast Quarter; thence South 89 degrees 56 minutes 00 seconds East on said North Line, 2647.89 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 Development Regulations in Chapter 88, by making application under said code for a Minor Subdivision and submitting and recording a Lot Consolidation Plat or re-platting the property in accordance therewith.

 

2. That the developer submit new or 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 review and acceptance prior to clearance of the final plat, update amended plan accordingly, and make necessary improvements as required by Development Services.

 

3. That all development activities on the property shall comply with Kansas City's adopted American Public Works Association (APWA) stormwater design criteria standards and/or most current amendment thereto, for areas tributary to Kansas City, Missouri storm conveyance systems prior to issuance of building permits on the subdivided property.

 

4. That the developer dedicate additional right of way for an arterial as required by Land Development Division so as to provide a minimum total of 56 feet of right of way width for proposed N.W. 112th Street according to alignment study and PWD where it abuts the development prior to the recording of any plat for amended Lots 1, 2, and 3 that will abut that future street. (See previous controlling ordinance 13556-P-2, item #3 - dated 10-20-2009).

 

5. 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.

 

6. 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

 

7. That the developer integrate into the existing streetlight system any relocated 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 lights must comply with all adopted lighting standards.

 

8. 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.

 

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 owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit for the public sewer main (structure or basin) and depending on adequacy of the receiving system, make other improvements that may be required such as expanding the volume and size of Detention Tract C (which was/is to be dedicated when the "KCI Auto Auction, Plat 2" is recorded with the County and City).

 

11. If applicable, the developer shall extend private sanitary sewer service line from any proposed structure requiring sewer service to the existing gravity sanitary sewer located in existing N.W. 112th Street right of way, as required by the Land Development Division and prior to issuance of a building permit.

 

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 owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division for the amended use of the property prior to issuance of certificate of occupancy (TCO).

 

14. That the developer provide acceptable easement(s) and secure permit(s) to relocate storm or sanitary sewers out from under proposed buildings and structures, etc., while continuing to ensure individual service is provided to all proposed lots as required by Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.

 

15. 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.

 

16. That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities with the floodplain.

 

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

 

18. That the developer 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.

 

19. That the developer grant a Noise and Aviation Easement to the City as required by the Land Development Division, prior to recording the plat.

 

20. That the developer grant a "Surface Drainage Easement" to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

21. That the developer submit a City Standard Covenant for Maintenance Agreement to the City for any shared Quantity and Quality Mitigation improvements located within separate tracts, as required by the Land Development Division, prior to issuance of any permit to construct said improvement and recording of a final plat containing such facilities, or issuance of building permits, whichever occurs first.

 

22. That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division, prior to recording the plat. [This is particularly applicable if the "KCI Auto Auction, Plat 2" is not recorded as previously planned with the "Covenant to Maintain Stormwater Detention and BMP Facilities" for Phase 1B - Tract C.]

 

23. That the developer submit a final GP district plan including landscaping, grading, lighting with a photometric study showing zero footcandles at the property line, fencing, signage and building elevations including building materials and color palettes for each phase or sub-phase.

 

24. That the developer provide a 25 foot wide Water Easement along N.W. 112th Street as required by Water Services Department staff.

 

25. That the developer dedicate 50 feet of right of way for N. Congress as measured from the centerline of N. Congress Avenue and for a Special Purpose Rapid Transit Corridor easement as required by Land Development Division so as to provide a minimum of 46 feet of right of way as measured from the east right of way line of N. Congress Avenue herein dedicated.

 

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 and Development Code have been given and had.

 

_____________________________________________

 

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