ORDINANCE NO. 080224
Approving an amendment to a
previously approved preliminary plan in District M-1-p on approximately a 69.732
acre tract of land generally located on the east side of N.E. Chouteau
Trafficway on both sides of N.E. 33rd Terrace and N.E. 34th Street.
(3995-P-26)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved preliminary plan in District M-1-p (Light
Industry - Limited District) on approximately a 69.732 acre tract of land
generally located on the east side of N.E. Chouteau Trafficway on both sides of
N.E. 33rd Terrace and N.E. 34th Street and more specifically described as
follows:
All of Lot 11 and
part of Lots 9, 10, 12 and 13 and part of vacated Chestnut Avenue, North Kansas
City Heights, a subdivision of land in Kansas City, Clay County, Missouri, and
part of Sections 7 and 8, Township 50 North, Range 32 West, Kansas City, Clay
County, Missouri, being more particularly described as follows: Beginning at a
point of the East line of the Southeast Quarter of said Section 7, said point
being North 13740 East, a distance of 885.00 feet from the Southeast corner
of said Section 7; thence South 595032 West, a distance of 154.70 feet;
thence South 401414 West, a distance of 368.58 feet; thence South 742340
West, a distance of 990.58 feet to a point on the West line of the Southeast
Quarter of the Southeast Quarter of said Section 7, said point being North
12843 East, a distance of 233.88 feet from the Southwest corner of the
Southeast Quarter of the Southeast Quarter of said Section 7; thence South
12843 West along the West line of the Southeast Quarter of the Southeast
Quarter of said Section 7, a distance of 25.17 feet to the Southeast corner of
a tract of land described in a deed recorded as Document 881581 in the Recorder
of Deeds Office in Clay County, Missouri; thence North 890706 West along the
South line of said tract of land and parallel with the South line of the
Southeast Quarter of said Section 7, a distance of 138.44 feet to a point on
the East line of the Right-of-Way of Missouri State Highway No. 269 (NE
Chouteau Trafficway); thence Northeasterly along said right-of-way line and
along a curve to the right, the initial tangent having a bearing North 03309
East, having a radius of 1834.86 feet, an arc distance of 671.82 feet; thence
South 883117 East along said right-of-way line, a distance of 48.00 feet;
thence North 12843 East along said right-of-way line, a distance of 120.00
feet; thence North 224838 East along said right-of-way line, a distance of
549.46 feet; thence North 523200 East, a distance of 98.53 feet; thence
South 892505 East, a distance of 40.00 feet to the Northeast corner of Lot
13 of said North Kansas City Heights; thence North 030811 East, along the
East line of Lot 14 of said North Kansas City Heights, a distance of 23.03 feet
to a point on the Southerly line of NE 34th Street Terrace; thence
South 832725 East along the Southerly line of NE 34th Street
Terrace, a distance of 377.04 feet to a point on the centerline of North Myrtle
Avenue; thence North 013740 East, along the centerline of North Myrtle
Avenue, a distance of 425.10 feet; thence North 13853 East a distance of
660.84 feet to the North line of the Southeast Quarter of said Section 7;
thence South 893526 East, along the North line of the Southeast Quarter of
said Section 7, a distance of 322.79 feet to an angle point of a tract of land
condemned by the city of Kansas City, Missouri for Park purposes in Case No.
23420 in the circuit court of Clay County, Missouri; thence South 200900
West, along the Westerly line of said Park tract, a distance of 318.61 feet;
thence South 893502 East along the Southerly line of said Park tract, a
distance of 347.22 feet; thence South 013209 West, along the Westerly line
of said Park tract, a distance of 360.63 feet; thence South 893526 East,
along the South line of said Park tract, a distance of 36.78 feet to a point on
the Easterly line of said Southeast Quarter of said Section 7; thence South
013740 West along the Easterly line of said Southeast Quarter of said
Section 7, a distance of 351.35 feet; thence North 630632 East along the
Southerly line of said Park tract, a distance of 692.65 feet; thence South
882220 East along the Southerly line of said Park tract, a distance of
165.00 feet; thence South 013740 West, along the Westerly line of said Park
tract, a distance of 620.00 feet to a point on the North line of the Southwest
Quarter of the Southwest Quarter of said Section 8; thence South 893207
East, along the North line of the Southwest Quarter of said Section 8 and the
Southerly line of said Park tract, a distance of 540.00 feet to the Northeast
corner of the Southwest Quarter of the Southwest Quarter of Section 8; thence
South 012002 West, along the East line of the Southwest Quarter of the
Southwest Quarter of said Section 8, and the West line of said Park tract, a
distance of 370.00 feet; thence North 883958 West, along the Northerly line
of said Park tract, a distance of 100.00 feet; thence South 012002 West,
along the Westerly line of said Park tract, a distance of 345.00 feet; thence
North 743013 West, along the Northerly line of said Park tract, a distance
of 1073.45 feet; thence North 882220 West, along the Northerly line of said
Park tract, a distance of 175.00 feet to the Point of Beginning, containing
69.732 acres, more or less.
is hereby approved, subject to
the following conditions:
1.
That the developer cause the area 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 a micro storm drainage study to Development
Services for review and acceptance prior to review and issuance of any building
permits, and that the developer construct any improvements as required by
Development Services.
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.
4.
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.
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 one acre or more.
6.
That the developer install hard surface roads and provide for
fire protection prior to construction beyond foundations.
7.
That the developer dedicate 60 feet of right of way for all
interior streets within the development and 120 feet of right of way for all
cul-de-sacs within the development
8.
That the developer dedicated 60 feet of right of way for N.
Myrtle
9.
That the developer improve N. Myrtle, N.E. 34th Street and N.E.
34th Terrace to collector street standards.
10.
That the developer widen N. Chouteau Trafficway to 26 feet with
curb and gutter from the centerline beginning at N.E. 34th Terrace and
extending south to 33rd Terrace at the time N.E. 34th Terrace is constructed.
11.
That the developer construct sidewalks on the east side of
Chouteau Trafficway at the time N.E. 34th Terrace is constructed.
12.
That the developer obtain a permit from MODot prior to any work
within state right of way.
13.
That the developer submit a final plan
to the City Plan Commission for approval including plans for landscaping,
grading, screening, berming, fencing, and a photometric study, showing zero
footcandles at the property line.
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