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Legislation #: 110585 Introduction Date: 7/28/2011
Type: Ordinance Effective Date: 8/28/2011
Sponsor: None
Title: Rezoning an area of approximately 10 acres generally located at the southeast corner of Emanuel Cleaver II Boulevard and Troost Avenue from Districts M-1 and C-3a2 to District URD, and approving a development plan to allow the construction of 10 residential units and 64,620 square feet of retail/commercial space. (12034-URD-2)

Legislation History
DateMinutesDescription
7/28/2011 Filed by the Clerk's office
7/28/2011 Referred to Planning, Zoning & Economic Development Committee
8/17/2011 Advance and Do Pass, Debate
8/18/2011 Passed

View Attachments
FileTypeSizeDescription
110578, 579, 580, 585.pdf Advertise Notice 45K Affidavit of Publication
110585.pdf Other 330K Mailing info
Maps 0K Plan map is on file in the City Clerk's Office
110585.pdf Authenticated 113K AUTHENTICATED
Other 0K TAKEN TO 15TH FLOOR CPC/ML
Factsheet.xls Fact Sheet 107K Fact Sheet
C012034URD2_STAFFRPT_01-18-11.doc Staff Report 68K Staff Report

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ORDINANCE NO. 110585

 

Rezoning an area of approximately 10 acres generally located at the southeast corner of Emanuel Cleaver II Boulevard and Troost Avenue from Districts M-1 and C-3a2 to District URD, and approving a development plan to allow the construction of 10 residential units and 64,620 square feet of retail/commercial space. (12034-URD-2)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 80-11A0889, rezoning an area of approximately 10 acres generally located at the southeast corner of Emanuel Cleaver II Boulevard and Troost Avenue from Districts M-1 (Light Industry) and C-3a2 (Intermediate Business - High Buildings) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0889. That an area legally described as:

 

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 rezoned from Districts M-1 (Light Industry) and C-3a2 (Intermediate Business - High Buildings) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0889, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and in accordance with Section 80-11 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That the developer submit a detailed micro storm drainage study, in general compliance with adopted standards, including a BMP level of service analysis, prior to approval and issuance of any building permits, and that the developer construct any improvements as required by Development Services prior to issuance of any certificate of occupancy.

 

2.                  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.

 

3.                  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.

 

4.                  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 along both sides of all adjacent and interior public streets. The letter must identify the 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 issuance of any certificate of occupancy.

 

5.                  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.

 

6.                  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 one acre or more.

 

7.                  That the developer grant BMP Easements to the City, as required by Development Services, prior to issuance of any certificates of occupancy.

 

8.                  That the developer improve Emanuel Cleaver II Boulevard as required by the Parks and Recreation Department.

 

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

 

10.              That the developer contribute $2,128.62 for money in lieu of parkland dedication for 10 residential units

 

11.              That the developer submit a final URD site plan for each phase of the development as required by 80-175.

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section C. 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