ORDINANCE NO. 090653
Approving an amendment to a previously approved development
plan in District PD/M-1 on approximately an 8.5 acre tract of land generally
located on the north side of E. 63rd Street approximately 800 feet east of Hardesty Avenue. (11077-PD-6)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved development plan in District PD/M-1(Planned
District/Light District/Light Industry) on approximately an 8.5 acre tract of
land generally located on the north side of E. 63rd Street approximately 800
feet east of Hardesty Avenue, and more specifically described as follows:
All that part of the
West Half of the Northwest Quarter of Section 1, Township 48, Range 33 in
Kansas City, Jackson County, Missouri, being more particularly described as
follows: Commencing at the Northwest corner of the Northwest Quarter of said
Section 1; thence along the North line of said Northwest Quarter, South 87
degrees 22 minutes 39 seconds East, 836.59 feet to the point of beginning, said
point being on the Easterly Right-of-Way line of the Kansas City Southern
Railway Company (75 feet from the centerline thereof); thence continuing along
the North line of said Northwest Quarter, South 87 degrees 22 minutes 39
seconds East, 478.00 feet; to a point on the East line of the West Half of said
Quarter Section; thence along the East line of said Half of Quarter Section,
South 02 degrees 13 minutes 06 seconds West, 962.11 feet; to a point on the
northerly right of way line of 63rd Street (40 feet from the centerline
thereof); thence along the northerly right of way line of 63rd Street the
following courses and distances: North 62 degrees 38 minutes 57 seconds West,
134.73 feet to a point of curve; thence in a northwesterly direction, along a
curve to the left (having a radius of 751.63 feet), 137.33 feet; thence North
16 degrees 52 minutes 56 seconds East, 5.00 feet; thence along a curve to the
left (having a radius of 756.63 feet and an initial tangent bearing of North 73
degrees 07 minutes 04 seconds West), 106.32 feet; thence South 08 degrees 49
minutes 52 seconds West, 5.00 feet; thence along a curve to the left (having a
radius of 774.73 feet and an initial tangent bearing of North 81 degrees 10
minutes 08 seconds West), 14.19 feet to a point on the easterly right of
way line of Kansas City Southern Railway Company (100 feet from the centerline
thereof); thence along the easterly right of way line of said Railroad the
following courses and distances: North 02 degrees 20 minutes 26 seconds East,
95.53 feet; thence North 87 degrees 39 minutes 34 seconds West, 25.00 feet;
thence continuing along said easterly right of way line of said Railroad (75
feet from the centerline thereof), in a northerly direction, North 02
degrees 20 minutes 26 seconds East, 132.17 feet to a point of curve; thence in
a northerly direction along a curve to the left (having a radius of 1985.08
feet), 417.20 feet, thence North 09 degrees 42 minutes 04 seconds West, 203.00
feet to the point of beginning, containing 8.35 acres more or less
is hereby approved, subject to
the following conditions:
1.
That the developer enter into a secured deferral agreement prior to the
issuance of a certificate of occupancy for the construction of sidewalks along
the north side of 63rd Street at such time as sidewalks are constructed to the
east or west or on the south side of 63rd Street.
2.
That the developer submit a detailed micro storm drainage study prior to
approval and issuance of any building permits, and that the developer construct
any improvements as required by Development Services prior to issuance of any
certificate of occupancy
3.
That the developer submit plans for grading, siltation, and erosion
control to Development Services for review, acceptance, and permitting prior to
beginning any construction activities.
4.
That the developer secure a site disturbance permit from Development
Services prior to beginning any construction, grading, clearing, or grubbing
activities, if the disturbed area equals one acre or more, prior to recording
the plat.
5.
That the developer grant a BMP Easement to the City, as required by
Development Services, prior to issuance of any certificate of occupancy.
6.
That the developer remove all outdoor storage not being stored on a
paved surface, no later than October 1, 2009.
7. That
the developer submit a final plan to the City Plan Commission for approval,
including plans for grading, landscaping, screening, berming, photometric study
(showing zero footcandles at the property line), and building elevation
drawings.
A copy of said development plan
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