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Legislation #: 041030 Introduction Date: 9/9/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FAIRFIELD
Title: Approving an amendment to a previously approved development plan in District GP-1/GP-2 on approximately a 211 acre tract of land generally located in the southeast quadrant of I-29 and N.W. Cookingham Drive, for the purpose of deleting an approximately 4 acre tract of land from said development plan. (6217-GP-20)

Legislation History
DateMinutesDescription
9/9/2004

Prepare to Introduce

9/9/2004

Referred Planning, Zoning & Economic Development Committee

9/29/2004

Hold On Agenda

10/6/2004

Advance and Do Pass as a Committee Substitute

10/7/2004

Passed as Substituted


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041030.pdf Authenticated 413K 041030

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 041030

 

Approving an amendment to a previously approved development plan in District GP-1/GP-2 on approximately a 211 acre tract of land generally located in the southeast quadrant of I-29 and N.W. Cookingham Drive, for the purpose of deleting an approximately 4 acre tract of land from said development plan. (6217-GP-20)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved development plan in District GP-1/GP-2 (General Industry/General Transient Retail Business) on approximately a 211 acre tract of land generally located in the southeast quadrant of I-29 and N.W. Cookingham Drive, and more specifically described as follows:

 

District GP-1: A tract of land in the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 24, Township 52 North (52N), Range 34 West (34W) and the Northeast Quarter (NE 1/4) of Section 23, Township 52 North (52N), Range 34 West (34W) all in the City of Kansas City, Missouri, Platte County, more particularly described as follows: Beginning at the southeast corner of the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 24, Township 52 North (52N), Range 34 West (34W), City of Kansas City, Platte County, Missouri; thence northerly on the east line of the said West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52N-34W to a point which lies 1,187 feet southerly from the existing southerly right of way line of Highway 71 By-Pass; thence westerly and parallel to the south line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52N-34W, 565 feet to a point; thence northwesterly deflecting right from the last described course, 25E45', 970 feet to a point; thence southwesterly deflecting left from the last described course, 80E30', 900 feet to a point; thence southeasterly deflecting left from the last described course, 61E40', 300 feet to a point; thence southerly to a point on the south line, Northeast Quarter (NE 1/4), Section 23-52N-34W, which lies 518 feet westerly from the southeast corner of the said Northeast Quarter (NE 1/4), Section 23-52N-34W; thence easterly on the south line of the said Northeast Quarter (NE 1/4), Section 23-52N-34W, 518 feet to the southeast corner thereof; thence continuing easterly on the south line of the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4), Section 24-52N-34W to the Southeast Quarter (SE 1/4) thereof, said point being the point of beginning of the herein described tract of land.

 

District GP-2: A tract of land in the Northeast Quarter (NE 1/4) of Section 23, Township 52 North (52N), Range 34 West (34W) and the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 24, Township 52 North (52N), Range 34 West (34W), City of Kansas City, Platte County, Missouri, more particularly described as follows: Beginning at a point on the south line of the Northeast Quarter (NE 1/4) of Section 23-52-34, said point being 518 feet westerly from the southeast corner of the Northeast Quarter (NE 1/4), Section 23-52-34; thence westerly on the


said south line, Northeast Quarter (NE 1/4), Section 23-52-34 to its point of intersection with the existing easterly right of way line of Interstate Highway 29 (I-29); thence northwesterly and northerly on the existing easterly right of way line of Interstate Highway 29 (I-29) to a point which lies 423.0 feet southerly from, as measured at a right angle to the north line, Northeast Quarter (NE 1/4), Section 23-52-34; thence easterly and parallel to the said north line, Northeast Quarter (NE 1/4), Section 23-52-34, 137.21 feet to a point; thence southerly at a right angle to the last described course, 1.0 feet to a point; thence easterly and parallel to the north line, Northeast Quarter (NE 1/4), Section 23-52-34, 203.55 feet to a point; thence northerly at a right angle to the last described course, 214.0 feet, more or less, to a point on the existing southerly right of way line of Route 71 By-Pass, said point being 210 feet southerly from as measured at a right angle to the north line, Northeast Quarter (NE 1/4), Section 23-52-34; thence easterly and parallel to the said north line, Northeast Quarter (NE 1/4), Section 23-52-34, 863.86 feet to a point; thence northerly at a right angle to the last described course, 180.00 feet to a point which lies 30.00 feet southerly from, as measured at a right angle to, the north line, Northeast Quarter (NE 1/4), Section 23-52-34, said point also being on the existing southerly right of way line of Route 71 By-Pass; thence easterly on the existing southerly right of way line of Route 71 By-pass on a line which lies 30.00 feet southerly from and parallel to the north line, Northeast Quarter (NE 1/4), Section 23-52-34, to a point on the east line of the Northeast Quarter (NE 1/4), Section 23-52-34; thence continuing easterly on the existing right of way line of Route 71 By-Pass on a line which lies 30.00 feet southerly from and parallel to the north line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34 to a point on the east line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34; thence southerly on the east line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34, 1,187 feet to a point; thence westerly and parallel to the south line of the said West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34, 565 feet to a point; thence northwesterly deflecting 25E45' right from the last described course, 970 feet to a point; thence southwesterly deflecting 80E30' left from the last described course, 900 feet to a point; thence southeasterly deflecting 61E40' left from the last described course, 300 feet to a point; thence southerly to the point of beginning of the herein described tract of land. Except that part to be taken by the State of Missouri for I-435 right of way.

 

EXCEPT approximately 13.56 acre tract of land, more specifically described as follows: Lot 12, Gateway Plaza, a subdivision in the City of Kansas City, Platte County, Missouri, except that part lying within the following described tract: Beginning at the northeast corner of Lot 12, said northeast corner of Lot 12, being the point of intersection of the existing, platted, southerly right of way line of Gateway Drive; thence South 0E16'22" West, on the platted east line of Lot 12, Gateway Plaza, 239.81 feet to a point; thence North 89E43'38" West, 482.31 feet to a point on the west line of Lot 12, Gateway Plaza, said point being on the existing, platted, easterly right of way line of N.W. Plaza Circle; thence northerly and easterly on the existing, platted easterly and southerly right of way line of N.W. Plaza Circle through a curve to the right, having a radius of 275.00 feet, 396.68 feet to a point of tangency; thence continuing on the existing, platted, southerly right of way line of N.W. Plaza Circle, South 89E43'38" East, 209.57 feet to the point of beginning. Above described tract contains 590,674 square feet or 13.56 acres, more or less.

 

for the purpose of deleting an approximately 4 acre tract of land, more specifically described as follows:

 

Lot 7, Gateway Plaza, First Plat, a subdivision in the City of Kansas City, Platte County, Missouri containing approximately 4 acres.

 

so that the remaining tract of land of approximately 207 acres, more specifically described as follows:

 

District GP-1: A tract of land in the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 24, Township 52 North (52N), Range 34 West (34W) and the Northeast Quarter (NE 1/4) of Section 23, Township 52 North (52N), Range 34 West (34W) all in the City of Kansas City, Missouri, Platte County, more particularly described as follows: Beginning at the southeast corner of the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 24, Township 52 North (52N), Range 34 West (34W), City of Kansas City, Platte County, Missouri; thence northerly on the east line of the said West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52N-34W to a point which lies 1,187 feet southerly from the existing southerly right of way line of Highway 71 By-Pass; thence westerly and parallel to the south line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52N-34W, 565 feet to a point; thence northwesterly deflecting right from the last described course, 25E45', 970 feet to a point; thence southwesterly deflecting left from the last described course, 80E30', 900 feet to a point; thence southeasterly deflecting left from the last described course, 61E40', 300 feet to a point; thence southerly to a point on the south line, Northeast Quarter (NE 1/4), Section 23-52N-34W, which lies 518 feet westerly from the southeast corner of the said Northeast Quarter (NE 1/4), Section 23-52N-34W; thence easterly on the south line of the said Northeast Quarter (NE 1/4), Section 23-52N-34W, 518 feet to the southeast corner thereof; thence continuing easterly on the south line of the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4), Section 24-52N-34W to the Southeast Quarter (SE 1/4) thereof, said point being the point of beginning of the herein described tract of land.

 

District GP-2: A tract of land in the Northeast Quarter (NE 1/4) of Section 23, Township 52 North (52N), Range 34 West (34W) and the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 24, Township 52 North (52N), Range 34 West (34W), City of Kansas City, Platte County, Missouri, more particularly described as follows: Beginning at a point on the south line of the Northeast Quarter (NE 1/4) of Section 23-52-34, said point being 518 feet westerly from the southeast corner of the Northeast Quarter (NE 1/4), Section 23-52-34; thence westerly on the said south line, Northeast Quarter (NE 1/4), Section 23-52-34 to its point of intersection with the existing easterly right of way line of Interstate Highway 29 (I-29); thence northwesterly and northerly on the existing easterly right of way line of Interstate Highway 29 (I-29) to a point which lies 423.0 feet southerly from, as measured at a right angle to the north line, Northeast Quarter (NE 1/4), Section 23-52-34; thence easterly and parallel to the said north line, Northeast Quarter (NE 1/4), Section 23-52-34, 137.21 feet to a point; thence southerly at a right angle to the last described course, 1.0 feet to a point; thence easterly and parallel to the north line, Northeast Quarter (NE 1/4), Section 23-52-34, 203.55 feet to a point; thence northerly at a right angle to the last described course, 214.0 feet, more or less, to a point on the existing southerly right of way line of Route 71 By-Pass, said point being 210 feet southerly from as measured at a right angle to the north line, Northeast Quarter (NE 1/4), Section 23-52-34; thence easterly and parallel to the said north line, Northeast Quarter (NE 1/4), Section 23-52-34, 863.86 feet to a point; thence northerly at a right angle to the last described course, 180.00 feet to a point which lies 30.00 feet southerly from, as measured at a right angle to, the north line, Northeast Quarter (NE 1/4), Section 23-52-34, said point also being on the existing southerly right of way line of Route 71 By-Pass; thence easterly on the existing southerly right of way line of Route 71 By-pass on a line which lies 30.00 feet southerly from and parallel to the north line, Northeast Quarter (NE 1/4), Section 23-52-34, to a point on the east line of the Northeast Quarter (NE 1/4), Section 23-52-34; thence continuing easterly on the existing right of way line of Route 71 By-Pass on a line which lies 30.00 feet southerly from and parallel to the north line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34 to a point on the east line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34; thence southerly on the east line, West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34, 1,187 feet to a point; thence westerly and parallel to the south line of the said West One-Half (W 1/2), Northwest Quarter (NW 1/4), Section 24-52-34, 565 feet to a point; thence northwesterly deflecting 25E45' right from the last described course, 970 feet to a point; thence southwesterly deflecting 80E30' left from the last described course, 900 feet to a point; thence southeasterly deflecting 61E40' left from the last described course, 300 feet to a point; thence southerly to the point of beginning of the herein described tract of land. Except that part to be taken by the State of Missouri for I-435 right of way.

 

EXCEPT for the following described tract of land: Lot 12, Gateway Plaza, a subdivision in the City of Kansas City, Platte County, Missouri, except that part lying within the following described tract: Beginning at the northeast corner of Lot 12, said northeast corner of Lot 12, being the point of intersection of the existing, platted, southerly right of way line of Gateway Drive; thence South 0E16'22" West, on the platted east line of Lot 12, Gateway Plaza, 239.81 feet to a point; thence North 89E43'38" West, 482.31 feet to a point on the west line of Lot 12, Gateway Plaza, said point being on the existing, platted, easterly right of way line of N.W. Plaza Circle; thence northerly and easterly on the existing, platted easterly and southerly right of way line of N.W. Plaza Circle through a curve to the right, having a radius of 275.00 feet, 396.68 feet to a point of tangency; thence continuing on the existing, platted, southerly right of way line of N.W. Plaza Circle, South 89E43'38" East, 209.57 feet to the point of beginning. Above described tract contains 590,674 square feet or 13.56 acres, more or less;

 

AND EXCEPT Lot 7, Gateway Plaza, First Plat, a subdivision in the City of Kansas City, Platte County, Missouri containing approximately 4 acres.

 

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 any relocated streetlights be integrated into existing street light system as required by the City Engineers Office.

 

3. That the developer install and/or extend water mains as required by the Water Services Department.

 

4. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right of way.

 

5. That the developer grant an Aviation and Noise Easement to the City as required by the Aviation Department.

 

6. That the developer construct all structures in compliance with the height restrictions of the KCI Airport Height Zoning Map.

 

7. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, grading, signage, building elevations, and a photometric study showing zero foot-candles at the property lines.

 

8. That the developer may submit a new or update the previously approved macro storm drainage study for the overall development to address the development amendments, and shall submit a detailed micro storm drainage study for review and verification of compliance with current requirements prior to issuance of building or site permits making any necessary improvements as required by the City Engineer's Office.

 

9. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owners prior to submitting any public improvements.

 

10. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by the Department of Public Works, prior to issuance of certificate of occupancy.

 

11. That the developer submit plans for grading, siltation, and erosion control to the City Engineer's Office for approval and permitting prior to beginning any construction activities.

 

12. That the developer secure a site disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

13. That the developer extend sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

 

14. That the developer grant a Noise and Aviation Easement to the City as required by the Department of Public Works.

 

15. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

A copy of said amendment is on file in the office of the City Clerk under Document No. 041030, which is attached hereto and 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