ORDINANCE NO. 170485

Approving a major amendment to a development plan on approximately 11.2 acres generally located at 8501 N. Boardwalk Avenue to allow building and parking additions to the existing vehicle sales and service establishment in District B3-3 (Community Business (dash 3)). (10410-P-41)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a major amendment to a development plan in District B3-3 (Community Business (dash 3)) on approximately 11.2 acres generally located at 8501 N. Boardwalk Avenue and more specifically described as follows:

A tract of land in the Northwest Quarter of Section 7, Township 51 North of the baseline, Range 33 West of the Fifth Principal Meridian, said tract of land being located within the recorded plat of Boardwalk Square, all in Kansas City, Platte County, Missouri and being more particularly described as follows:

Commencing at the southwest corner of the Northwest Quarter of said Section 7; thence South 89 degrees 01 minutes 20 seconds East along the south line of said Northwest Quarter, a distance of 1461.84 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 392.55 feet to the point of beginning of the tract of land herein described; thence North 90 degrees 00 minutes 00 seconds West along the southerly line of said Lot 7, a distance of 359.92 feet to an angle point of said southerly line; thence South 58 degrees 00 minutes 00 seconds West, a distance of 89.61 feet to a point on the northeasterly right of way line of said north Boardwalk Avenue said point being on a curve to the left and having an initial tangent bearing of North 37 degrees 21 minutes 44 seconds West; thence along said curve to left in a northwesterly direction having a radius of 450.00 feet, an arc length of 239.53 feet; to a point of reverse curvature, said curve being to the right having an initial tangent bearing of North 67 degrees 51 minutes 34 seconds West; thence along said curve in a northeasterly direction and to the right, having a radius of 350.00 feet, an arc length of 328.40 feet; thence North 14 degrees 05 minutes 56 seconds West along said easterly right of way line, a distance of 270.83 feet, to a curve to the right being tangent to the last described course; thence along said curve in a northeasterly direction and to the right, having a radius of 950.00 feet, an arc length of 87.12 feet; thence North 90 degrees 00 minutes 00 seconds East along said north line and the north line of Lot 7 of said Boardwalk Square, a distance of 502.78 feet to an angle point of said north lines; thence South 69 degrees 24 minutes 02 seconds East, a distance of 284.23 feet to an angle point of said north lines; thence North 90 degrees 00 minutes 00 seconds East, a distance of 121.00 feet to the northeast corner of said Lot 7 of Boardwalk Square; thence South 00 degrees 00 minutes 00 seconds East along the easterly line of said Lot 7, a distance of 190.00 feet to an angle point of said easterly line; thence South 08 degrees 52 minutes 25 seconds East, a distance of 161.64 feet to an angle point of said easterly line; thence South 00 degrees 00 minutes 00 seconds East, along said easterly line, a distance of 233.20 feet to the southeast corner of said Lot 7 and the point of beginning; the above described tract contains 11.62 acres, more or less and is subject to all easements, restrictions, reservations, right of ways and covenants, recorded or unrecorded, if any.

is hereby approved, subject to the following conditions:

1.                  The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

2.                  The developer shall pay impact fees as required by Chapter 39 of the City's Code of Ordinances, as required by the Land Development Division, prior to issuance of any temporary or final certificate of occupancy.

3.                  The developer shall 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, identifying sidewalks, 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, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, 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, 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 of occupancy permits.

4.                  The developer shall submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

5.                  The developer shall provide for approved emergency operating features for security gates erected for the parking lot.  If an electric operated gate is installed, a siren sensor, typically called a “yelp gate” shall be installed and operable.  (IFC-2012 § 503.6)

6.                  The developer shall relocate a City fire hydrant on the east end of the building addition, as necessary. (IFC-2012 § 507)

7.                  The developer shall comply with all applicable building codes in effect at the time of construction and build under valid building permits issued by the City Planning and Development Department. (IFC-2012: § 102.4)

8.                  The developer shall relocate existing fire hydrants due to proposed construction as required by the Water Services Department.

9.                  The developer shall provide wider water main easements as required by the Water Services Department.

A copy of said amended development plan 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. 

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held. 

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Deputy City Attorney