COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 011554
Approving
an amendment to a previously approved preliminary plan in District CP-3 (Regional
Planned Business Center) on approximately a 75.4 acre tract of land generally
located east of State Line Road, on the east and west sides of new Missouri
Highway 150, north of new Missouri Highway 150, and north and south of
relocated 135th Street, for the purpose of deleting an approximately 27.9 acre
tract of land from said preliminary plan. (9691-CP-6)
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 75.4 acre tract of
land generally located east of State Line Road, on the east and west sides of
new Missouri Highway 150, north of new Missouri Highway 150, and north and
south of relocated 135th Street, and more specifically described as follows:
All that part of the South One-Half of
Fractional Section 19, Township 47 North, Range 33 West City of Kansas City,
Jackson County, Missouri, being more particularly described as follows:
Commencing at the northwest corner of the South One-Half of said Fractional
Section 19, said point being on the Kansas-Missouri state line; thence South 0E21'29" West, along the west line of
the South One-Half of said Fractional Section 19 and along said state line, a
distance of 506.14 feet to the point of beginning; thence continuing South 0E21'29" West, along the west line of
said Fractional Section 19 and along said state line and along the east plat
line of Leawood Park Plaza Apartments First Plat, a platted subdivision of land
in the City of Leawood, Johnson County, Kansas, recorded in the office of the
Register of Deeds, Johnson County, Kansas, in Plat Book 71, at page 44, a
distance of 1486.86 feet; thence South 86E30'42"
East, a distance of 1170.64 feet to a point on the westerly right of way line
of Missouri Highway 150, as now established; thence along the westerly and
southerly right of way line of said Missouri Highway 150, the following 14
courses; thence North 10E07'17" East, a
distance of 123.67 feet; thence North 17E30'12"
West a distance of 256.99 feet; thence North 20E25'26" East, a distance of 166.94 feet;
thence North 14E47'43" East, a
distance of 156.50 feet; thence North 14E59'45"
East, a distance of 146.06 feet; thence North 6E41'05" West a distance of 268.19 feet;
thence North 19E36'56" West, a
distance of 271.06 feet; thence North 66E19'04"
West, a distance of 79.98 feet; thence North 34E03'12" West, a distance of 46.02 feet;
thence North 33E04'05" West, a
distance of 64.03 feet; thence North 33E32'18"
West, a distance of 63.32 feet; thence North 20E59'00" East a distance of 52.24 feet;
thence North 40E30'17" West, a
distance of 299.15 feet; thence northwesterly along a curve to the left, said
curve having a radius of 1222.21 feet and an initial tangent bearing of North
53E17'53" West a north
arc distance of 737.89 feet to a point on the easterly right of way line of
Kenneth Road, as now established; thence along said easterly right of way line
the following 5 courses; thence southerly along a curve to the right, said
curve having a radius of 835.94 feet and an initial tangent bearing of South 2E59'32" West, an arc distance of
151.83 feet; thence South 0E26'01"
West a distance of 17.42 feet; thence southwesterly along a
curve to
the right, said curve having a radius of 350.00 feet and an initial tangent
bearing of South 0E14'55" West an arc distance of 201.20 feet;
thence southeasterly along a curve to the left, said curve having a radius of
275.00 feet and an initial tangent bearing of South 48E53'48" East, an arc distance of 51.57 feet; thence South 30E21'26" West, a distance of 99.76 feet to the point of beginning.
Containing 47.491 acres, more or less; and
All that
part of the South One-Half of Fractional Section 19, Township 47 North, Range
33 West in the City of Kansas City, Jackson County, Missouri, being more
particularly described as follows: Commencing at the northeast corner of the
South One-Half of said Fractional Section 19; thence South 3E29'47" West, along the east line of the South One-Half of said Fractional
19, a distance of 44.86 feet to a point on the southerly right of way line of
135th Street, as now established; said point being the point of beginning of
this description; thence continuing South 3E29'47"
West, along the east line of the South One-Half of said Fractional 19, a
distance of 1933.14 feet; thence North 86E30'42"
West, a distance of 559.85 feet to a point on the easterly right of way line of
Missouri Highway 150, as now established; thence along the easterly right of
way line of said Missouri Highway 150 the following 7 courses; thence North 2E43'12" East, a distance of 125.51 feet; thence North 22E17'11" East, a distance of 211.90 feet; thence North 7E35'18" West, a distance of 359.30 feet; thence North 7E47'35" West, a distance of 180.56 feet; thence North 7E41'15" West, a distance of 216.44 feet; thence North 18E31'19" West, a distance of 356.42 feet; thence North 18E33'36" West, a distance of 133.74 feet to a point on the southerly
right of way line of relocated 135th Street as now established; thence along
the southerly right of way line of said relocated 135th Street the following 3
courses; thence North 61E23'14" East, a distance of 74.22 feet; thence
North 58E19'06" East, a distance of 389.08 feet; thence
North 65E27'38" East, a distance of 363.84 feet to a point
on the southerly right of way line of said 135th Street; thence South 84E24'53" East, along the southerly right of way line of said 135th
Street a distance of 117.47 feet to the point of beginning. Containing 25.861
acres, more or less; and
All that
part of the South One-Half of Fractional Section 19, Township 47 North, Range
33 West, in the City of Kansas City, Jackson County, Missouri, being more
particularly described as follows: Commencing at the northeast corner of the
South One-Half of said Fractional Section 19; thence North 86E11'38" West, along the north line of the South One-Half of said
Fractional Section 19, a distance of 598.72 feet; thence South 3E48'24" West, a distance of 26.26 feet to the intersection of the
south right of way line of 135th Street, as now established, and the northerly
right of way line of relocated 135th Street, as now established, said point
being the point of beginning of this description; thence South 62E12'58" West, along the north right of way line of said relocated
135th Street, a distance of 374.05 feet; thence South 62E52'18" West, along the north right of way line of said relocated
135th Street a distance of 72.51 feet to a point on the northeasterly right of
way line of Missouri Highway 150, as now established; thence along the
northeasterly right of way line of said Missouri Highway 150 the following 3
courses; thence North 43E26'56" West, a distance of 219.45 feet; thence
North 62E47'47" West, a distance of 141.05 feet; thence
northwesterly along a curve to the left, said curve having a radius of 1422.21
feet and an initial tangent bearing of North 53E16'45"
West, an arc distance of 100.94 feet to a point on the south right of way line
of said 135th Street; thence South 84E24'53"
East, along the south right of way line of said 135th Street, a distance of
758.41 feet to the point of beginning. Containing 1.986 acres, more or less.
for the purpose of deleting
therefrom an approximately 27.9 acre tract of land, more specifically described
as follows:
All that
part of the South One-Half of Fractional Section 19, Township 47 North, Range
33 West in the City of Kansas City, Jackson County, Missouri, being more particularly
described as follows: Commencing at the northeast corner of the South One-Half
of said Fractional Section 19; thence South 3E29'47"
West, along the east line of the South One-Half of said Fractional 19, a
distance of 44.86 feet to a point on the southerly right of way line of 135th
Street, as now established; said point being the point of beginning of this
description; thence continuing South 3E29'47"
West, along the east line of the South One-Half of said Fractional 19, a
distance of 1933.14 feet; thence North 86E30'42"
West, a distance of 559.85 feet to a point on the easterly right of way line of
Missouri Highway 150, as now established; thence along the easterly right of
way line of said Missouri Highway 150 the following 7 courses; thence North 2E43'12" East, a distance of 125.51 feet; thence North 22E17'11" East, a distance of 211.90 feet; thence North 7E35'18" West, a distance of 359.30 feet; thence North 7E47'35" West, a distance of 180.56 feet; thence North 7E41'15" West, a distance of 216.44 feet; thence North 18E31'19" West, a distance of 356.42 feet; thence North 18E33'36" West, a distance of 133.74 feet to a point on the southerly
right of way line of relocated 135th Street as now established; thence along
the southerly right of way line of said relocated 135th Street the following 3
courses; thence North 61E23'14" East, a distance of 74.22 feet; thence
North 58E19'06" East, a distance of 389.08 feet; thence
North 65E27'38" East, a distance of 363.84 feet to a point
on the southerly right of way line of said 135th Street; thence South 84E24'53" East, along the southerly right of way line of said 135th
Street a distance of 117.47 feet to the point of beginning. Containing 25.861
acres, more or less; and
All that
part of the South One-Half of Fractional Section 19, Township 47 North, Range
33 West, in the City of Kansas City, Jackson County, Missouri, being more
particularly described as follows: Commencing at the northeast corner of the
South One-Half of said Fractional Section 19; thence North 86E11'38" West, along the north line of the South One-Half of said
Fractional Section 19, a distance of 598.72 feet; thence South 3E48'24" West, a distance of 26.26 feet to the intersection of the
south right of way line of 135th Street, as now established, and the northerly
right of way line of relocated 135th Street, as now established, said point
being the point of beginning of this description; thence South 62E12'58" West, along the north right of way line of said relocated
135th Street, a distance of 374.05 feet; thence South 62E52'18" West, along the north right of way line of said relocated
135th Street a distance of 72.51 feet to a point on the northeasterly right of
way line of Missouri Highway 150, as now established; thence along the northeasterly
right of way line of said Missouri Highway 150 the following 3 courses; thence
North 43E26'56" West, a distance of 219.45 feet; thence
North 62E47'47" West, a distance of 141.05 feet; thence
northwesterly along a curve to the left, said curve having a radius of 1422.21
feet and an initial tangent bearing of North 53E16'45"
West, an arc distance of 100.94 feet to a point on the south right of way line
of said 135th Street; thence South 84E24'53"
East, along the south right of way line of said 135th Street, a distance of
758.41 feet to the point of beginning. Containing 1.986 acres, more or less.
so that the remaining tract
of land of approximately 47.5 acres, more specifically described as follows:
All that
part of the South One-Half of Fractional Section 19, Township 47 North, Range
33 West City of Kansas City, Jackson County, Missouri, being more particularly
described as follows: Commencing at the northwest corner of the South One-Half
of said Fractional Section 19, said point being on the Kansas-Missouri state
line; thence South 0E21'29" West, along the west line of the South
One-Half of said Fractional Section 19 and along said state line, a distance of
506.14 feet to the point of beginning; thence continuing South 0E21'29" West, along the west line of said Fractional Section 19 and
along said state line and along the east plat line of Leawood Park Plaza
Apartments First Plat, a platted subdivision of land in the City of Leawood,
Johnson County, Kansas, recorded in the office of the Register of Deeds,
Johnson County, Kansas, in Plat Book 71, at page 44, a distance of 1486.86
feet; thence South 86E30'42" East, a distance of 1170.64 feet to a
point on the westerly right of way line of Missouri Highway 150, as now
established; thence along the westerly and southerly right of way line of said
Missouri Highway 150, the following 14 courses; thence North 10E07'17" East, a distance of 123.67 feet; thence North 17E30'12" West a distance of 256.99 feet; thence North 20E25'26" East, a distance of 166.94 feet; thence North 14E47'43" East, a distance of 156.50 feet; thence North 14E59'45" East, a distance of 146.06 feet; thence North 6E41'05" West a distance of 268.19 feet; thence North 19E36'56" West, a distance of 271.06 feet; thence North 66E19'04" West, a distance of 79.98 feet; thence North 34E03'12" West, a distance of 46.02 feet; thence North 33E04'05" West, a distance of 64.03 feet; thence North 33E32'18" West, a distance of 63.32 feet; thence North 20E59'00" East a distance of 52.24 feet; thence North 40E30'17" West, a distance of 299.15 feet; thence northwesterly along
a curve to the left, said curve having a radius of 1222.21 feet and an initial
tangent bearing of North 53E17'53" West a north arc
distance of 737.89 feet to a point on the easterly right of way line of Kenneth
Road, as now established; thence along said easterly right of way line the
following 5 courses; thence southerly along a curve to the right, said curve
having a radius of 835.94 feet and an initial tangent bearing of South 2E59'32" West, an arc distance of 151.83 feet; thence South 0E26'01" West a distance of 17.42 feet; thence southwesterly along a
curve to the right, said curve having a radius of 350.00 feet and an initial
tangent bearing of South 0E14'55" West, an arc
distance of 201.20 feet; thence southeasterly along a curve to the left, said
curve having a radius of 275.00 feet and an initial tangent bearing of South 48E53'48" East, an arc distance of 51.57 feet; thence South 30E21'26" West, a distance of 99.76 feet to the point of beginning.
Containing 47.491 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 final plat is submitted and that the developer make any
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.
6. That the developer secure
permits for sidewalks along the frontage of all lots and tracts prior to
recording of the plat as required by the Department of Public Works.
7. That the developer improve the
intersection of 135th Street and Missouri Highway 150 to add dual eastbound
left-turn lanes with a 250 foot queuing length, to add dual westbound left-turn
lanes with a 200 foot queuing length, to add an eastbound right lane for future
drop at the proposed entrance to Unit 2, as shown on the preliminary plan
approved pursuant to Committee Substitute for Ordinance No. 011555 and located
610 feet east of the intersection, and to design and construct the reconfigured
east leg of the intersection to accommodate future left-turn lane into Unit 5,
as shown on the preliminary plan approved pursuant to Committee Substitute for
Ordinance No. 011556, and raised medians on 135th Street as required by the
Department of Public Works.
8. That the developer enter into a
Cooperative Agreement with the City whereby the developer agrees to contribute
to the Martin City Improvement Fund in the amount of $366,200.00 at the rate of
$1.35 square foot for shopping center space prior to the recording of the final
plat.
9. That the developer submit a
street name signage plan to the Street Naming Committee for review and approval
for all street names prior to the submittal of the final plat.
10. That the developer construct
temporary cul-de-sacs as required by the Department of Public Works.
11. That the developer secure a
floodplain certificate if any grading is to occur within a floodplain as
required by the Department of Codes Administration.
12. That the developer receive the
approval of the Missouri Department of Transportation prior to working within
any State right-of-way.
13. That the developer receive the
approval of the Missouri Department of Transportation for access locations onto
Missouri Highway 150.
14. That the developer extend water
mains as required by the Water Services Department.
15. That the developer extend
sanitary sewers as required by the Department of Public Works.
16. That the developer provide for
fire protection as required by the Fire Department.
17. That the developer submit a final
plan to the City Plan Commission for approval, including plans for grading,
landscaping, screening, berming, and signage.
A copy of said preliminary
plan is on file in the office of the City Clerk under Document No. 011554,
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