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Legislation #: 130982 Introduction Date: 12/19/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved development plan in District UR on approximately a 79.55 acre tract of land generally bounded by Front Street, Century Avenue, Interstate 435 and the Rock Island and Milwaukee Railroad right of way. (10343-UR-10)

Legislation History
DateMinutesDescription
12/19/2013 Filed by the Clerk's office
12/19/2013 Referred to Planning, Zoning & Economic Development Committee
1/8/2014 Advance and Do Pass, Debate
1/9/2014 Passed

View Attachments
FileTypeSizeDescription
130982.pdf Authenticated 417K Authenticated
130982 Staff Report.pdf Staff Report 346K Staff Report
130982 Fact Sheet.pdf Fact Sheet 360K Fact Sheet

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ORDINANCE NO. 130982

 

Approving an amendment to a previously approved development plan in District UR on approximately a 79.55 acre tract of land generally bounded by Front Street, Century Avenue, Interstate 435 and the Rock Island and Milwaukee Railroad right of way. (10343-UR-10)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved development plan in District UR (Urban Redevelopment District) on approximately a 79.55 acre tract of land generally bounded by Front Street, Century Avenue, Interstate 435 and the Rock Island and Milwaukee Railroad right of way, and more specifically described as follows:

 A tract of land located in Section 25, Township 50, Range 33 and Section 30, Township 50, Range 32, more particularly described as: Beginning at the southwest corner of Tract "A" of Executive Park, Sixteenth Plat, recorded by Document No. I-359311, filed November 28, 1978, in Book 37, at page 59; thence South 88 degrees 04 minutes 33 seconds East, along the south line of said Sixteenth Plat, a distance of 1274.18 feet, to the southeast corner of Tract "B" of said Sixteenth Plat, also being on the west right of way line of Century Avenue, as now established; thence South 1 degree 55 minutes 27 seconds West, along the west right of way line of said Century Avenue, a distance of 1971.31 feet, to a point of curvature; thence along a curve to the left, the previous course being tangent thereto, radius of said curve being 432.00 feet, a central angle of 42 degrees 38 minutes 46 seconds, an arc distance of 321.54 feet thence South 61 degrees 33 minutes 17 seconds West, a distance of 667.56 feet to a point on the easterly right of way of Interstate Highway No. 435, as now established; thence North 38 degrees 22 minutes 23 seconds West, along the easterly line of said Interstate Highway No. 435, a distance of 1801.94 feet; thence continuing along said right of way, North 32 degrees 45 minutes 48 seconds West, a distance of 224.42 feet to the easterly right of way line of the Chicago Milwaukee, St. Paul and Pacific Railroad and the Chicago, Rock Island and Pacific Railroad as now established; thence North 20 degrees 25 minutes 27 seconds East, along the easterly line said railroad right of way, a distance of 534.83 feet; thence South 69 degrees 34 minutes 33 seconds East, along a jog in said right of way, a distance of 125.00 feet; thence North 20 degrees 25 minutes 27 seconds East, along said railroad right of way, a distance of 606.41 feet to the point of beginning, and, all of Tract B-2 of the Lot Split of Tract B of Executive Park, Sixteenth Plat, said tract of land consists of 3,465,441.52 square feet or 79.55 acres, more or less.

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, commonly known as the Development Regulations.

 

2. That the developer submit a macro/micro storm drainage study, including a BMP level of service analysis, to Development Services for review and acceptance for this phase when the final plat is submitted, and that the developer secure permits to construct any improvements as required by the Land Development Division, prior to issuance of building permits.

 

3. That the developer dedicate right of way for proposed N.E. 9th Street as required by Land Development Division so as to provide 60 feet of right of way total width.

 

4. That the developer improve the dedicated portion of N.E. 9th Street to collector street standards as required by LDD or enter into an unsecured deferral agreement (a letter from WSD director indicating the following would constitute the deferral agreement "Water Services Department hereby agrees to improve the dedicated portion of N.E. 9th Street to collector street standards as required by Land Development Division, including curbs, gutters, sidewalks, and streetlights when the adjacent portion of N.E. 9th Street is improved by the adjacent property owner).

 

5. That the developer obtain the executed and recorded grading consents and all 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, and that the owner/developer be responsible for all costs associated with subordination activities now and in the future.

 

7. 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.

 

8. 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.

 

9. 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 issuance of building permits.

 

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

 

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

 

12. 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.

 

13. That the developer grant a Surface Drainage Easement to the City as required by Land Development Division, prior to issuance of building permits.

 

14. That the developer submit the executed and recorded Conveyance of Easement for BMPs document, see hyperlink below: http://www.kcmo.org/CKCMO/Depts/CityPlanningandDevelopment/EasementForms/index.htm

 

15. That the developer improve N.E. 9th Street to collector street standards as required by Land Development Division.

 

16. That the developer dedicate additional right of way for Century Avenue as required by the Land Development Division so as to provide 32 feet of right of way as measured from the centerline of Century Avenue.

 

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

 

18. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Land Development Division.

 

19. That the developer install, loop, remove and/or relocate water mains as required by the Water Services Department.

 

20. That the developer install or upgrade streetlights as required by the Department of Public Works.

 

21. That the developer provide and construct a minimum 30 foot fire access easement with approved hard surface along the west portion of the area from Phase IIb to Phase IVd as shown on the development plan as required by the Fire Department.

 

22. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding property uses, setback distances, lighting, landscaping and architectural characteristics.

 

23. 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, to identify sidewalks, ADA ramps, curbs, and gutters in disrepair as defined by 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, ADA ramps, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, ADA ramps, 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. The developer shall secure permits to repair or reconstruct the identified sidewalks, ADA ramps, 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.

 

24. That the developer submit covenants, conditions and restriction to the Land Development Division for review and approval by the Law Department with the final plat and enter into a covenant for the maintenance of any private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts prior to recording the plat. See: http://www.kcmo.org/CKCMO/Depts/ CityPlanningandDevelopment/DevelopmentServices/LandDevelopmentEngineeringStandardAgreementsRelatedDocuments/index.htm

 

25.              That the developer submit a street tree planting plan prior to or concurrent with the submittal of the final plat and secure the approval of the City Forester for street trees planted on right of way in front of residential lots, with a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer shall plant in accordance with the plan approved by the City Forester. The approved street tree planting plan shall be on file with DMD prior to Mylar approval of this final plat.

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 the 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