ORDINANCE NO. 060689
Approving an amendment to a
previously approved preliminary plan in District CP-2 on approximately a 36
acre tract of land generally located at the southwest corner of N. Cosby Avenue (N.W. 62nd Terrace) and 45 Highway (N.W. 64th Street). (5857-CP-30)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved preliminary plan in District CP-2 (Local
Planned Business Center) on approximately a 36 acre tract of land generally
located at the southwest corner of N. Cosby Avenue (N.W.
62nd Terrace) and 45 Highway (N.W. 64th Street), and more specifically
described as follows:
All that part of the
East Half of the Northwest Quarter and the West Half of the Northeast Quarter
of Section 30, Township 51, Range 33 in Kansas City, Platte County, Missouri, more particularly described as follows:
Commencing at the
Northwest corner of the East Half of the Northwest Quarter of said Section 30;
thence South 0 degrees 59 minutes 51 seconds West along the Westerly line
thereof, a distance of 191.31 feet, more or less to a point on the Southerly
right-of-way line of Missouri State Highway Route No 45 (also known as NW. 64th
Street) as now established, said point being 140 feet South of the centerline
of said highway as measured perpendicular thereto and the Point of Beginning of
the tract of land to be herein described; thence Easterly along the Southerly
right-of-way line of said Missouri State Highway Route No 45, the following
courses and distances; thence South 89 degrees 51 minutes 27 seconds East,
836.35 feet, more or less to a point 140 feet South of said highway centerline,
opposite Station 1884+00; thence North 68 degrees 20 minutes 28 seconds East,
107.70 feet, more or less to a point 100 feet South of said highway centerline,
opposite Station 1885+00; thence South 89 degrees 51 minutes 27 seconds East,
348.05 feet, more or less to a point 100 feet (30.480 meters, Plan) South of
said highway centerline, opposite Station 1888+48.05 (Sta: 57+561 meters,
Plan); thence South 78 degrees 56 minutes 37 seconds East, 130.31 feet, more or
less to a point 124.67 feet (38 meters, Plan) South of said highway centerline,
opposite Station 1889+76.00 (Sta: 57+600 meters, Plan); thence South 83 degrees
00 minutes 53 seconds East, 82.61 feet, more or less to a point 134.51 feet (41
meters, Plan) South of said highway centerline, opposite Station 1890+58.02
(Sta: 57+625 meters, Plan); thence North 70 degrees 49 minutes 07 seconds East,
104.30 feet, more or less to a point 100 feet (30.480 meters, Plan) South of
said highway centerline, opposite Station 1891+56.45 (Sta: 57+655 meters,
Plan); thence South 89 degrees 51 minutes 27 seconds East, 343.55 feet, more or
less to a point 100 feet (30.480 meters, Plan) South of said highway
centerline, opposite Station 1895+00 (Sta: 57+759.716 meters, Plan); thence
South 68 degrees 03 minutes 22 seconds East, 107.70 feet, more or less to a
point 140 feet (42.672 meters, Plan) South of said highway centerline, opposite
Station 1896+00 (Sta: 57+790.196, Plan); thence South 89 degrees 51 minutes 27
seconds East, 119.95 feet, more or less to a point on the Westerly right-of-way
line of NW. 62nd Terrace, as now established; thence Southwesterly
and Southeasterly along the Westerly right-of-way line of said NW. 62nd
Terrace, the following courses and distances; thence Southwesterly along a
curve to the right, having an initial tangent bearing of South 17 degrees 03
minutes 41 seconds West, a radius of 230 feet and a central angle of 31 degrees
04 minutes 10 seconds, an arc length of 124.72 feet; thence South 41 degrees 52
minutes 09 seconds East along a radial line to the last described curve, a
distance of 100.89 feet; thence South 48 degrees 07 minutes 51 seconds West,
perpendicular to the last described course and no longer along the Westerly
right-of-way line of said NW. 62nd Terrace, a distance of 260.13
feet; thence Southwesterly along a curve to the left, tangent to the last
described course, having a radius of 504.96 feet and a central angle of 17
degrees 03 minutes 09 seconds, an arc length of 150.29 feet; thence South 31
degrees 04 minutes 42 seconds West, tangent to the last described curve, a
distance of 192.31 feet; thence Southwesterly along a curve to the right,
tangent to the last described course, having a radius of 605 feet and a central
angle of 38 degrees 41 minutes 09 seconds, an arc length of 408.49 feet to a
point of reverse curvature; thence Southwesterly and Southerly along a curve to
the left, tangent to the last described curve, having a radius of 250 feet and
a central angle of 68 degrees 26 minutes 18 seconds, an arc length of 298.62
feet to a point 3.00 feet East of the Westerly line of the Northeast Quarter of
said Section 30, as measured perpendicular thereto; thence South 1 degree 19
minutes 33 seconds West along a line 3.00 feet East of and parallel with the Westerly
line of said Northeast Quarter Section, a distance of 141.81 feet; thence North
88 degrees 40 minutes 27 seconds West, perpendicular to the last described
course, a distance of 60 feet; thence North 1 degree 19 minutes 33 seconds East
along a line 57 feet West of and parallel with the Westerly line of said
Northeast Quarter Section, a distance of 118.07 feet; thence Northerly and
Northwesterly along a curve to the left, tangent to the last described course,
having a radius of 250 feet and a central angle of 73 degrees 17 minutes 37
seconds, an arc length of 319.80 feet to a point of reverse curvature; thence
Westerly and Northwesterly along a curve to the right, tangent to the last
described curve, having a radius of 605 feet and a central angle of 10 degrees
24 minutes 12 seconds, an arc length of 109.85 feet to a point of reverse
curvature; thence Northwesterly and Westerly along a curve to the left tangent
to the last described curve, having a radius of 2,470 feet and a central angle
of 23 degrees 42 minutes 21 seconds, an arc length of 1,021.95 feet to a point
on the Westerly line of the Northeast Quarter of the Northwest Quarter of said
Section 30; thence North 0 degrees 59 minutes 51 seconds East along the
Westerly line of the Northeast Quarter of the Northwest Quarter of said Section
30, a distance of 568.18 feet to the Point of Beginning. Containing 35.869
acres, more or less.
1.
That the developer cause the area to 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 an update to the previously approved
macro/micro storm drainage study for the overall development to address the
development amendments for approval prior to issuance of building permits and
make necessary improvements as required by Development Services.
4.
That the developer submit a surface drainage easement for the temporary
offsite storm water detention facility located east of the site with provisions
for maintenance of the easement, including a requirement for platting the storm
water detention facility as a tract in the event the adjacent property submits
a development application or within 3 years, whichever occurs first, as
required by Development Services.
5.
That the developer plat the storm water detention facility located
immediately south of the intersection of N.W. 63rd Street and N. Lucerne Avenue
as a tract with provisions for maintenance as required by Development Services,
prior to final council approval for Case No. 5857-CP-30 proceeding to
the City Council for approval.
6.
That the developer submit plans for grading and siltation and erosion
control to Development Services for approval prior to the commencement of any
construction activities.
7.
That the developer secure a land disturbance permit from Development
Services prior to beginning any construction, grading, clearing or grubbing
activities, if the disturbed area exceeds one acre.
8.
That the developer secure a floodplain certificate if any grading is to
occur within a floodplain.
9.
That the developer show the limits of the 100-year floodplain on the final
plat.
10.
That the developer show the lowest opening or elevation or Minimum Low
Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area
on the final plat.
11.
That the developer provide cross-access easements as required by Development
Services.
12.
That the developer extend water mains as required by the Water Services
Department.
13.
That the developer extend sanitary and/or storm sewers and determine adequacy
as required by Development Services.
14.
That the developer provide for fire protection as required by the Fire
Department.
15.
That the developer dedicate any additional right of way and make any
improvement as required by the traffic study.
16.
That the developer dedicate 50 feet as measured from the centerline of
existing N. Cosby Avenue transitioning from the existing right of way width to
a 60 foot right of way width within 350 feet and continuing as a 60 feet right
of way width to the west limits for Lot 1b and ending in a temporary cul-de-sac
at the time of Platting Lot 1b as required by Development Services.
17.
That the developer improve N. Cosby Avenue to collector street standards
as required by Development Services with a five lane section to the first
northerly entrance into the site as shown on the preliminary plan.
18.
That the developer design and construct all public streets to City
standards as required by Development Services, including construction of curb,
gutter, storm sewers and sidewalks and installation of streetlights.
19.
That the developer shall 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 shall be responsible for all costs associated with
subordination activities.
20.
That the developer secure permits to construct or reconstruct existing
sidewalks, curb and gutter as necessary along all development street frontages,
or submit a letter from a Missouri Licensed Civil Engineer stating that the
sidewalks, curb and gutter are in a good state of repair and meet the
requirements set forth in Chapters 56 and 64, Code of Ordinances, as required
by Development Services, prior to recording the plat.
21.
That the developer construct off-site cul-de-sacs as required by Development
Services.
22.
That the developer relocate streetlights and integrate them into the
existing streetlight system as required by Development Services and the
Missouri Department of Transportation along street frontages.
23.
That the developer submit a street name signage plan for the entire
development to the Street Naming Committee for approval prior to submittal of
the first final plat.
24.
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.
25. That the developer
submit a final plan to City Plan Commission for approval prior to the issuance
of a building permit. The site plan shall include information regarding
property uses, setback distances, lighting (photometric plan), landscaping and
architectural characteristics, berms, trees and plantings around and within the
parking lots; show proposed pedestrian circulation; and include elevation
drawings of buildings and signage.
26. That the developer
obtain Board of Zoning Adjustment setback approval for the signs along N. Lucerne Avenue and M-45 for signs closer to the right of way than that which is allowed
for in the Zoning Ordinance.
A copy of said amendment is on
file in the office of the City Clerk with this ordinance 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