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Legislation #: 050410 Introduction Date: 4/7/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN AND COUNCILMEMBER SKAGGS
Title: Approving an amendment to a previously approved preliminary plan in District M-2a-p on approximately a 1,656 acre tract of land generally located on the north side of Highway 210 and on both sides of E. 40th Street. (8121-P-26)

Legislation History
DateMinutesDescription
4/6/2005 Filed by the Clerk's office
4/7/2005 Referred to Planning, Zoning & Economic Development Committee
4/27/2005 Hold On Agenda (5/18/2005)
5/18/2005 Advance and Do Pass as a Committee Substitute, Debate
5/19/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
050410.pdf Authenticated 205K Authenticated
aff050409,410,415.pdf Advertise Notice 61K aff
adv050409,410,415.pdf Advertise Notice 34K adv
notice050410wmap.pdf Advertise Notice 182K notice
labels050410.pdf Advertise Notice 221K advertise

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050410

 

Approving an amendment to a previously approved preliminary plan in District M-2a-p on approximately a 1,656 acre tract of land generally located on the north side of Highway 210 and on both sides of E. 40th Street. (8121-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-2a-p (Heavy Industry, Limited District) on approximately a 1,656 acre tract of land generally located on the north side of Highway 210 and on both sides of E. 40th Street, and more specifically described as follows:

 

A tract of land generally located north of Missouri Highway 210, east and south of the City of Birmingham, west of the Birmingham Drainage District Levee, more specifically described as follows: All that part of Sections 5, 6 and 7 of Township 50, Range 31; Sections 31 and 32 of Township 51, Range 31; Section 1 and 12 of Township 50, Range 32; all located in Kansas City, Clay County, Missouri, being more particularly described as follows: Beginning at the point of intersection of the southerly right of way line of the Norfolk and Western Railway (formerly Wabash Railroad Company) and the north line of the Southeast Quarter of said Section 1, said intersection point also being on the north corporate limits line of the City of Birmingham, Missouri, as now constituted; thence northeasterly along the southerly right of way line of said Norfolk and Western Railway, to a point of intersection with the westerly right of way line of the Birmingham Drainage District Levee, as now established; thence southeasterly along said westerly right of way line of the Birmingham Drainage District Levee, to a point of intersection with the northerly right of way line of Missouri State Highway No. 210, as now established; thence southwesterly along said northerly right of way line of Missouri State Highway No. 210, to a point of intersection with the west line of the East One-Half of the Southwest Quarter of said Section 12; thence northerly along the west line of the East One-Half of the Southwest Quarter of said Section 12; to a point on the east-west centerline of said Section 12; thence northerly along the west line of the East One-Half of the Northwest Quarter of said Section 12, to a point of intersection with the south corporate limits line of said City of Birmingham, Missouri, as now constituted; thence easterly along said south corporate limits line of the City of Birmingham, Missouri, to a point of intersection with the east corporate limits line of said City of Birmingham, Missouri, as now constituted; thence northerly along said east corporate limits line of the City of Birmingham, Missouri, to a point of intersection with the north corporate limits line of said City of Birmingham, Missouri, as now constituted, which is also the north line of the Southeast Quarter of Section 1; thence westerly along said north corporate limits line of the City of Birmingham, Missouri, which is also said north line of the Southeast Quarter of Section 1, to the point of beginning. The above-described tract of land includes the following recorded subdivisions: Northland Park, including the recorded lot split subdivision of Lot 8, Northland Park and Intermodal, Triplecrown and Auto Ramp Facility, First and Second Plats.

 

is hereby approved, subject to the following conditions:

 

1. That the developer shall 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 submits a macro/micro storm drainage study for approval for the entire development when the first plat is submitted, and that the developer construct any improvements as required.

 

3. That the developer dedicate additional right of way for an industrial collector street as required so as to provide a minimum of 40 feet of right of way from the center line of N.E. 40th Street.

 

4. That the developer improve southern one-half of N.E. 40th Street to industrial collector street standards as required, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

5. That a traffic signal at the intersection of N,E, Norfleet Street and Missouri Highway 210 be installed as required by the Missouri Department of Transportation prior to the recording of any final plat for Phase 5 as shown on the development plan.

 

6. That turn lanes be constructed and/or extended at the intersections of N Kimball Drive and N.E. Norfleet Street with Missouri Highway 210 as required by the Missouri Department of Transportation prior to the recording of any final plat for Phase 5 as shown on the development plan.

 

7. That the developer dedicate right of way for N.E. 41st Street as required so as to provide a total of 80 feet of right of way for N.E. 41st Street.

 

8. That the developer construct N.E. 41st Street to industrial collector street standards, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

9. That the developer shall subordinate to the City all private interest in the area of any right-of-way dedication as required, and that the developer shall be responsible for all costs associated with subordination activities.

 

10. That the developer submit plans for grading, siltation, and erosion control for approval and permitting prior to beginning any construction activities.

 

11. That the developer secure a site disturbance permit prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

12. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required.

 

13. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required.

 

14. 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.

 

15. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

16. That the developer extend water mains as required by the Water Services Department.

 

17. That the developer secure the approval of the Missouri Department of Transportation for any work within State right of way.

 

18. That the developer obtain a floodplain certificate prior to beginning any construction activities within the floodplain.

19. That the developer show the limits of the floodplain on the final plat as required.

20. That the developer submit a final plan for each phase to the City Plan Commission for approval, including detailed information on landscaping (including landscaped islands at the end of rows of customer/employee parking), signage (including elevations), lighting (including a photometric sturdy showing zero footcandles at any right of way line and no direct illumination of any right of way) and building elevations. Canopy shade trees an average of no greater than 80 feet on center shall be installed in the street setback area.

 

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