COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 060589
Approving an amendment to a
previously approved preliminary plan in District CP-3 on approximately a 31.22
acre tract of land generally located in the northwest corner of the I-70/Blue
Ridge Cutoff Interchange. (5476-CP-8)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved preliminary plan in District CP-3
(Regional Planned Business Center) on approximately a 31.22 acre tract of land
generally located in the northwest corner of the I-70/Blue Ridge Cutoff
Interchange, and more specifically described as follows:
All of Lot 3, Subdivision of Tract A Tarbell
Subdivision, part of Lot 89, Ashland Ridge, all of Lots 1 and 2, Drury Blue
Ridge Subdivision No. 1, all subdivisions of land in the City of Kansas City,
Jackson County, Missouri, according to the recorded plats thereof, except that
part in roadway right of way, and all that part of the Northwest Quarter of
Section 20, Township 49, Range 32, in said City, County and State, more
particularly described as follows:
Commencing at the
Northwest corner of the Northwest Quarter of said Section 20, thence South 01
57' 38", along the West line of the Northwest Quarter of said Northwest
Quarter Section a distance of 1,319.88 feet, to the Northwest corner of the
Southwest Quarter of said Northwest Quarter Section, thence continuing South
01 57' 38" West, along the West line of the Southwest Quarter of said
Northwest Quarter Section, a distance of 30.51 feet, to a point on the South
right-of-way line of Leeds Road, as now established, thence South 86 31'
39" East, 30.5 feet South of and parallel with the North line of the
Southwest Quarter of said Northwest Quarter Section, and along said South
right-of-way, a distance of 128.80 feet, to the Point of Beginning, thence
continuing South 86 31' 39" East along said parallel line and along said
South right-of-way line, a distance of 708.67 feet, thence South 01 55'
56" West, a distance of 198.08 feet, thence South 86 31' 39" East, a
distance of 219.98 feet, to a point on the West line of Lot 1, Tarbell
Subdivision, a subdivision of land in said City, County and State, thence
South 01 55' 56" West, along the West line of Lot 1 of said Tarbell
Subdivision, and along the West line of Lot 2 of said Subdivision of Tract
A Tarbell Subdivision, a distance of 152.92 feet , to the Southwest
corner of said Lot 2, Subdivision of Tract A Tarbell Subdivision, a distance
of 264.66 feet, to a point on the West line of the Southeast Quarter of said
Northwest Quarter Section, said point also being on the West right-of-way line
of Hunter Avenue a distance of 14.40 feet, thence South 86 39' 20" East,
a distance of 270.08 feet, to a point on the East line of said Lot 89, Ashland
Ridge, thence South 01 55' 56" West, along the East line of said Lot 89,
a distance of 265.08 feet, to the Southeast corner of said Lot 89, Ashland
Ridge, said point also being on the North line of said Lot 2, Drury Blue
Ridge Subdivision No. 1, thence South 86 39' 20" East , along said North
line, a distance of 315.03 feet, to the Northeast corner of said Lot 2, Drury
Blue Ridge Subdivision No. 1, said point also being on the West right-of-way of
Blue ridge Cutoff, as now established, thence Southwesterly, along said West
right-of-way line, and along the East line of said Lot 2, along a curve to the
right, having a radius of 1410.00 feet, a central angle of 10 34' 25",
and whose initial tangent bearing is South 12 42' 46" West, an arc
distance of 260.21 feet, to a point of tangency, thence South 23 17' 11"
West, along said West right-of-way line, and along the East line of said Lot 2,
and their Southerly prolongation, a distance of 63.68 feet. to the Northeast
corner of said Lot 1, Drury Blue Ridge Subdivision No. 1, thence continuing
South 23 17' 11" West, along said West right-of -way line, and along the
East line of said Lot 1, a distance of 176.09 feet, thence South 35 21'
10" West, along said West right-of-way line, and along the East line of
said Lot 1, a distance of 195.33 feet, thence South 75 48' 51" West,
along the southeasterly line of said Lot 1, and along said West right-of-way
line a distance of 50.19 feet, to a point on the Northerly right-of-way line of
Interstate Highway No. 70, as now established, thence North 73 13' 01" West,
along said Northerly highway right-of-way line, and along the South line of
said Lot 1, a distance of 98.22 feet, to a point 200 feet Northeasterly of said
highway centerline station 368+99, thence North 67 27' 27" West, along
said Northerly highway right-of-way line, and along the South line of said Lot
1, a distance of 186.94 feet, to a point on the East line of the Southwest
Quarter of said Northwest Quarter Section, thence continuing North 67 27'
27" West, along said Northerly highway right-of-way line, a distance of
165.62 feet, to a point 150 feet Northeasterly of said highway centerline
station 365+50, thence North 59 18' 16" West , along said Northerly
highway right-of way line, a distance of 954.25 feet, to a point 150 feet
Northeasterly of said highway centerline station equation 355+95.75 (Ahd.) =
356+00 (Bk.), thence North 37 30' 11" West, along said Northerly highway
right-of-way line, a distance of 53.85 feet, to a point 170 feet Northeasterly
of said highway centerline station 355+50, thence North 59 18' 16" West,
along said Northerly highway right-of-way line, a distance of 300.00 feet, to a
point 170 feet Northeasterly of said highway centerline station 352+50, thence
North 50 00' 40" West, along said Northerly highway right-of-way line, a
distance of 42.12 feet, to a point on the West line of the Southwest Quarter of
said Northwest Quarter Section, thence North 01 57' 38" East, along the
West line of the Southwest Quarter of said Northwest Quarter Section, a
distance of 264.55 feet, thence South 86 31' 39" East, a distance of
128.80 feet, thence North 01 57' 38" East a distance of 244.49 feet, to
the Point of Beginning, containing 31.3235 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 update the previously approved macro storm
drainage study for the overall development to address the development
amendments along with a detailed micro study for approval prior to approval of
the next plat and make necessary improvements as required by Development
Services.
3. That the developer dedicate additional right of way for Blue
Ridge Cutoff as required by Development Services so as to provide 50 feet of
right of way as measured from the centerline of Blue Ridge Cutoff.
4. That the developer dedicate additional right of way for Leeds Road as required by Development Services so as to provide 30 feet of right of way as
measured from the centerline of Leeds Road.
5. That the developer improve the south half of Leeds Road to collector street standards as required by Development Services.
6. That the developer dedicate right of way for 38th Terrace as
required by Development Services so as to provide 60 feet of right of way for
38th Terrace.
7. That the
respective developers of Phases 3, 6, 7, 8a and 8b (as designated on the Amended
Preliminary Development Plan being approved by this Ordinance) contribute to
the construction to collector street
standards of the
remainder of 38th Terrace to be constructed as of the effective date
of this Ordinance, and to the installation of
a traffic signal at the 38th Terrace / Blue Ridge Cutoff
intersection, all as required
by Development Services, with costs borne among such developers on a pro rata basis based on land area; provided, however, that in the event
that the traffic signal at the 38th Terrace / Blue Ridge Cutoff
intersection is being installed because of a requirement being imposed on the
developer of Phase 4 (as designated on the Amended Preliminary Development Plan
being approved by this Ordinance) at the time of the development of such Phase
4, then the costs of the installation of such traffic signal at the 38th
Terrace / Blue Ridge Cutoff intersection shall be borne by the respective
developers of Phases 3, 4, 6, 7, 8a and 8b (as designated on the Amended
Preliminary Development Plan being approved by this Ordinance), with costs
borne among such developers on a pro rata basis based on land area. Such
obligation on the part of each such developer shall be evidenced by secured
deferral agreement, or discharged by reimbursement to the City in the event the
City caused construction of such improvement(s) prior to the development of the
applicable phase.
8. That the developer make improvements required by the traffic
study as required by Development Services.
9. That the developer submit plans for grading and siltation and
erosion control for approval prior to beginning any construction activities.
10. That the developer obtain a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing or
grubbing activities, if the disturbed area exceeds one acre.
11. That the developer construct hard surface roads and provide
for fire protection as required by the Fire Department prior to construction
beyond foundations.
12. That the developer petition for the vacation of Hunter Avenue as required by Development Services.
13. That the developer secure the approval of the Missouri
Department of Transportation prior to working within any State right of way.
14. 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.
15. That the developer secure permits to reconstruct existing
sidewalks, curb and gutter as necessary along all development street frontages,
as required by Development Services, prior to recording the plat.
16. 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.
17. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
18. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by Development Services.
19. That the developer extend water mains as required by the Water
Services Department.
20. That the developer submit a final plan for each phase to the
City Plan Commission for approval, including detailed information on
landscaping, grading, lighting including a photometric study showing zero
footcandles at the property lines, signage (including elevations), and building
elevations.
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