ORDINANCE NO. 051061
Approving an amendment to a
previously approved preliminary development plan in District R-4-p on
approximately 36 acres generally located on the north side of 87th Street,
approximately 840 feet west of Denver Avenue for the purpose of deleting an
approximately 6.1 acre tract of land from said preliminary plan. (6996-P-4).
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved preliminary plan in R-4-p (Low Apartment Limited District) on
approximately 36 acres generally located on the north side of 87th Street, approximately 840 feet west of Denver Avenue, and more specifically described
as follows:
All that part of the East 1/2 of
the Northwest 1/4 of Section 23, Township 48, Range 33, in Kansas City, Jackson
County, Missouri, being more particularly described as follows: Commencing at
the southeast corner of the Northwest 1/4 of said Section 23; thence North 2
12'33" East along the east line of the Northwest 1/4 of said Section 3, a
distance of 40.00 feet, said point being on the north right of way line of 87th
Street, as now established; thence North 86 47'59" West along last said
north line, a distance of 150.02 feet to the point of beginning of the tract of
land to be herein described; thence the following courses along said north
right of way line; North 86 47'59" West, a distance of 242.38 feet; thence
North 3 12'01" East, a distance of 15.00 feet; thence North 86 47'59"
West, a distance of 100.00 feet; thence South 3 12'01" West, a distance of
15.00 feet; thence North 86 47'59" West, a distance of 412.00 feet; thence
North 87 13'59" West, a distance of 406.50 feet; thence northwesterly
along a curve to the right, tangent to the last described course, having a
radius of 286.48 feet, a central angle of 2 35'25", an arc distance of
12.95 feet to a point on the west line of the East 1/2 of the Northwest 1/4 of
said Section 23; thence North 2 16'59" East along the west line of the
East 1/2 of said 1/4 Section, a distance of 1321.98 feet; thence South 87
00'22" East parallel to the north line of said 1/4 Section, a distance of
1172.09 feet; thence South 2 12'33" West parallel to the east line of said
1/4 Section, a distance of 613.24 feet; thence South 20 44'28" West, a
distance of 157.31 feet; thence South 2 12'33" West parallel to the east
line of said 1/4 Section, a distance of 300.04 feet; thence South 24
09'21" East, a distance of 112.59 feet; thence South 2 12'33" West
parallel to the east line of said 1/4 Section, a distance of 160.03 feet to the
point of beginning. Containing 35.067 acres, more or less. Subject to that part
in 87th Street as established by Document No. A-427866, in Book B-2944 at page
192.
for the purpose of deleting therefrom an approximately 6.1 acre tract of land, more specifically described as
follows:
That portion of Section 23 in
Township 48 North, Range 33 West of the Fifth Principal Meridian, in Kansas
City, Jackson County, Missouri, more particularly described as follows:
Commencing at the Southwest Corner of the Northwest Quarter of Section 23,
Thence South 870245 East along the Southerly line of the Northwest Quarter
of Section 23, a distance of 1089.20 feet; thence perpendicular to the last described
course and no longer along said Southerly line, North 025715 East, a
distance of 80.24 feet to the Point of Beginning, said point being on the
proposed Southerly right of way line of 87TH Street; thence along
said right of way line, the following courses and distance, more or less;
thence on a curve to the left, having an initial tangent bearing of South
814627 East, a radius of 2,365.00 feet and a central angle of
1058'48", an arc length of 453.22 feet; thence North 871446 East, a
distance of 256.00 feet; thence on a curve to the right, having an initial
tangent bearing of the last described course, a radius of 2235.00 feet, and a
central angle of 201913, an arc length of 792.66 feet; thence South
722602 East, a distance of 256.00 feet; thence on a curve to the left,
having an initial tangent bearing of the last described course, a radius of
2,365.00 feet and a central angle of 021822, an arc distance of 95.19 feet
to a point on the existing Southerly right of way line of 87TH
Street; thence along said Southerly right of way line, the following courses
and distances, more or less; thence North 865701 West, a distance of 274.76
feet; thence North 863603 West, a distance of 393.17 feet; thence South
032359 West, a distance of 5.00 feet; thence North 863601 West, a
distance of 100.00 feet; thence North 032359 East, a distance of 5.00 feet;
thence North 863601 West, a distance of 411.56 feet, thence North 865915
West, a distance of 421.38 feet; thence on a curve to the right, having an
initial tangent bearing of the last described course, a radius of 327.94 feet
and a central angle of 462758, an arc distance of 140.78 feet to the Point
of Beginning contained within:
The E 1/2 of the E of the NW of
Sec. 23, Twp. 48, Rg. 33, and the NW of NE of NW of Sec. 23, Twp. 48, Rg.
33, Jackson County, Kansas City, Missouri; and also;
All of the West of
the SE of the NW and all of the SW of the NE of the NW of Section 23,
Township 48, Range 33 in Kansas City, Jackson County, Missouri.
so that the remaining tract of land of approximately 30 acres, more specifically described as follows:
E 1/2 of the E of the NW of
Sec. 23, Twp. 48, Rg. 33, and the NW of NE of NW of Sec. 23, Twp. 48, Rg.
33, Jackson County, Kansas City, Missouri; and also;
All of the West of
the SE of the NW and all of the SW of the NE of the NW of Section 23,
Township 48, Range 33 in Kansas City, Jackson County, Missouri.
Less that portion
of:
A portion of Section
23, in Township 48 North, Range 33 West of the Fifth Principal Meridian, in
Kansas City, Jackson County, Missouri, more particularly described as follows:
Commencing at the Southeast Corner of the Northwest Quarter of said Section 23;
thence North 870245 West along the South line of said Quarter Section, a
distance of 661.95 feet to the Point of Beginning; thence continuing along said
South line, North 870245 West, a distance of 661.95 feet to a point on the
West line of said Quarter Section; thence North 021850 East along said West
line, a distance of 200.30 feet to a point on the proposed Northerly right of
way line of 87th street; thence along said right of way line, the
following courses and distances more or less; thence on a curve to the left,
having an initial tangent bearing of South 872606 East, a radius of 2,235.00
feet and a central angle of 051909, an arc distance of 207.49 feet; thence
North 871446 East, a distance of 256.00 feet; thence on a curve to the right,
having an initial tangent bearing of the last described course, a radius of
2,365.00 feet and a central angle of 045022, an arc distance of 199.75 feet
to a point on the East line of the West half of the Southeast Quarter of the
Northwest Quarter of Section 23; thence South 021607 West, a distance of
248.25 feet to the point of beginning, said tract containing 3.4 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 66, Code of Ordinances of the
City of Kansas City, Missouri, commonly known as the Subdivision Regulations.
2.
That the developer subordinate to the
City all private interest in the area of any right-of-way dedication as required
by the City Development Department, and that the developer be responsible for
all costs associated with subordination activities.
3.
That the developer submit a macro/micro
storm drainage study to the City Engineer's Office for approval for the entire
development when the first plat is submitted, and that the developer construct
any improvements as required by the City Engineer's Office.
4.
That the developer dedicate additional
right-of-way for 87th Street, a primary arterial with a bike path, so as to provide
a minimum of 56 feet of right-of-way as measured from the centerline of 87th Street.
5.
That the developer secure permits to construct or reconstruct
existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary
along all development street frontages prior to recording the plat.
6.
That the developer submit plans for
grading and siltation and erosion control to the City Engineers Office for
approval prior to beginning any construction activities.
7.
That the developer secure a land disturbance
permit from the City Development Department prior to beginning any
construction, grading, clearing, or grubbing activities if the disturbed area
for the entire development exceeds one acre.
8.
That the developer extend sanitary sewers to
ensure individual service is provided to all proposed lots and determine
adequacy as required by the Department of Public Works.
9.
That the developer provide a storm water conveyance system to serve all
proposed lots within the development and determine adequacy.
10.
That the developer submit covenants, conditions, and restrictions to the
Law Department for approval for maintenance of private open space and enter
into a covenant agreement for the maintenance of any stormwater detention area
tracts.
11.
That the developer provide fire
protection as required by the Fire Department.
12.
That the developer provide cross-access
easements for each final plat.
13.
That the developer comply with the Richards-Gebaur Memorial
Airport Height Zoning Restrictions and that the requirements for such
restrictions be included on 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 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