ORDINANCE NO. 991129
Approving an amendment to a previously approved
preliminary plan in District CP-2 (Local Planned Business Center) on
approximately a 32.47 acre tract of land generally located on the northeast and
southeast corners of Shoal Creek Parkway and N.E. 76th Street, for the purpose
of deleting an approximately 10.47 acre tract of land from said preliminary
plan. (6865-CP-3)
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 32.47 acre tract of land generally located on the
northeast and southeast corners of Shoal Creek Parkway and N.E, 76th Street,
and more specifically described as follows:
All that part of the
Northwest Quarter of Section 15, Township 51, Range 32, Kansas City, Clay
County, Missouri, being described as follows: Commencing at the southwest
corner of the Northwest Quarter of said Section 15; thence South 8857'08"
East along the south line of said Northwest Quarter, 1207.26 feet to the true
point of beginning of the tract to be herein described; thence continuing South
8857'08" East, along said south line, 571.97 feet; thence North
000'00" East, 111.22 feet; thence North 4653'57" West, 1852.26 feet
to a point on the centerline of N.E. Shoal Creek Parkway, as now established;
thence South 2506'03" West, along said centerline, 771.48 feet to its
intersection with the centerline of N.E. 76th Street, as now established,
thence southeasterly, along said centerline, on a curve to the right, having an
initial tangent bearing of South 8851'16" East, a radius of 605.33 feet,
an arc distance of 507.11 feet; thence South 4051'18" East, along said
centerline, 329.85 feet, thence southeasterly, along said centerline, on a
curve to the left, tangent to the last described course, having a radius of
604.69 feet, an arc distance of 507.61 feet to the true point of beginning.
Containing 22.00 acres, more or less, and
All that part of the
Northwest Quarter of Section 15 and all that part of the Northeast Quarter of
Section 16, all in Township 51, Range 32, Kansas City, Clay County, Missouri,
being described as follows: Commencing at the southwest corner of said
Northwest Quarter; thence South 8857'08" East, along the south line of
said Northwest Quarter, 1207.26 feet to its intersection with the centerline of
N.E. 76th Street, as now established; thence northwesterly, along said
centerline, on a curve to the right, having an initial tangent bearing of North
8857'08" West, a radius of 604.69 feet, an arc distance of 507.61 feet;
thence North 4051'18" West, along said centerline, 329.85 feet; thence
northwesterly, along said centerline, on a curve to the left, tangent to the
last described course, having a radius of 605.33 feet, an arc distance of
507.11 feet to its intersection with the centerline of N.E. Shoal Creek
Parkway, as now established; thence South 2506'03" West, along said
centerline, 712.51 feet to its intersection with the south line of the
Northeast Quarter of said Section 16; thence South 8952'20" East, along
said south line, 203.03 feet to the point of beginning. Containing 10.47
acres, more or less.
for the purpose of
deleting therefrom an approximately 10.47 acre tract of land, more specifically
described as follows:
All that part of the
Northwest Quarter of Section 15 and all that part of the Northeast Quarter of
Section 16, all in Township 51, Range 32, Kansas City, Clay County, Missouri,
being described as follows: Commencing at the southwest corner of said
Northwest Quarter; thence South 8857'08" East, along the south line of
said Northwest Quarter, 1207.26 feet to its intersection with the centerline of
N.E. 76th Street, as now established; thence northwesterly, along said
centerline, on a curve to the right, having an initial tangent bearing of North
8857'08" West, a radius of 604.69 feet, an arc distance of 507.61 feet;
thence North 4051'18" West, along said centerline, 329.85 feet; thence
northwesterly, along said centerline, on a curve to the left, tangent to the
last described course, having a radius of 605.33 feet, an arc distance of
507.11 feet to its intersection with the centerline of N.E. Shoal Creek
Parkway, as now established; thence South 2506'03" West, along said
centerline, 712.51 feet to its intersection with the south line of the
Northeast Quarter of said Section 16; thence South 8952'20" East, along
said south line, 203.03 feet to the point of beginning. Containing 10.47
acres, more or less.
so that the remaining tract of land of
approximately 22.0 acres, more specifically described as follows:
All that part of the
Northwest Quarter of Section 15, Township 51, Range 32, Kansas City, Clay
County, Missouri, being described as follows: Commencing at the southwest
corner of the Northwest Quarter of said Section 15; thence South 8857'08"
East along the south line of said Northwest Quarter, 1207.26 feet to the true
point of beginning of the tract to be herein described; thence continuing South
8857'08" East, along said south line, 571.97 feet; thence North
000'00" East, 111.22 feet; thence North 4653'57" West, 1852.26 feet
to a point on the centerline of N.E. Shoal Creek Parkway, as now established;
thence South 2506'03" West, along said centerline, 771.48 feet to its
intersection with the centerline of N.E. 76th Street, as now established,
thence southeasterly, along said centerline, on a curve to the right, having an
initial tangent bearing of South 8851'16" East, a radius of 605.33 feet,
an arc distance of 507.11 feet; thence South 4051'18" East, along said
centerline, 329.85 feet, thence southeasterly, along said centerline, on a
curve to the left, tangent to the last described course, having a radius of
604.69 feet, an arc distance of 507.61 feet to the true point of beginning.
Containing 22.00 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, as
amended, commonly known as the Subdivision Regulations.
2. That
the developer submit a storm drainage study for the entire development to the
City Engineers Office for approval when the first final plat is submitted and
that the developer make any necessary improvements as required by the City
Engineers Office.
3. 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.
4. That
the developer secure a land disturbance permit from the Missouri Department of
Natural Resources.
5. That
the developer secure a land 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.
6. That
the developer provide for fire protection as required by the Fire Department.
7. That
the developer extend sanitary sewers as required by the Department of Public
Works.
8. That
the developer dedicate additional right of way for N.E. 76th Street as required
by the Department of Public Works so as to provide a total of 100 feet of right
of way for N.E. 76th Street.
9. That
the developer improve N.E. 76th Street to secondary arterial street standards
as required by the Department of Public Works, including construction of curb,
gutter and sidewalks and installation of streetlights.
10. That
the developer dedicate additional right of way for Shoal Creek Parkway as
required by the Board of Parks and Recreation Commissioners so as to provide a
total of 120 feet of right of way as measured from the centerline of Shoal
Creek Parkway.
11. That
the developer install streetlights on the east side of Shoal Creek Parkway as
required by the Board of Parks and Recreation Commissioners.
12. That
the developer enter into a Cooperative Agreement with the City as required by
the Department of Public Works whereby the developer agrees to contribute
$60,000.00 toward the cost of installation of a traffic signal at the
intersection of Shoal Creek Parkway and N.E. 76th Street.
13. That
the developer submit a traffic study prior to platting of Phase 2 as shown on
the preliminary plan to the Departments of City Development, Public Works and
the Missouri Department of Transportation for approval to determine whether
traffic signals are needed at the intersection of Shoal Creek Parkway and the
Interstate 435 ramps.
14. That
the developer extend water mains as required by the Water Services Department.
15. That
the developer submit a final plan to the City Plan Commission for approval,
including plans for landscaping, grading, berming, screening, fencing and
signage. Further, the final plan shall include setback lines and the 30 foot
landscape area adjacent to Shoal Creek Parkway. Conceptual information
regarding type and location of fencing (if utilized) shall be included. The
final plan shall also include the following information:
a) Species,
planting size, and spacing of all trees and shrubbery;
b) Height
and width of berm (if utilized, with elevation drawing);
c) If
fencing is to be utilized, the plan shall include information on material,
color, height, setback and type, including an elevation drawing of a section.
Landscaping on all property adjacent to the parkway shall be coordinated in
terms of materials, color, height, setback and type.
A copy of said amendment is on file in the
office of the City Clerk under Document No. 991129, 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:
___________________________________
Assistant
City Attorney