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Legislation #: 090690 Introduction Date: 8/6/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Approving an amendment to a previously approved preliminary plan in District C-3a1-p on a 6.1 acre tract of land generally located at the northwest corner of N.E. 79th Terrace and N. Oak Street Trafficway. (7839-P-10)

Legislation History
DateMinutesDescription
8/6/2009 Filed by the Clerk's office
8/6/2009 Referred to Planning and Zoning Committee
8/26/2009 Do Pass
8/27/2009 Assigned to Third Read Calendar
9/3/2009 Passed

View Attachments
FileTypeSizeDescription
C007839P10_FACTSHT.xls Fact Sheet 60K Fact Sheet
C007839P10_STAFFRPT07_21_09.doc Staff Report 62K Staff Report

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ORDINANCE NO. 090690

 

Approving an amendment to a previously approved preliminary plan in District C-3a1-p on a 6.1 acre tract of land generally located at the northwest corner of N.E. 79th Terrace and N. Oak Street Trafficway. (7839-P-10)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District C-3a1-p (Intermediate Business - Low Buildings - Limited District) on a 6.1 acre tract of land generally located at the northwest corner of N.E. 79th Terrace and N. Oak Street Trafficway, and more specifically described as follows:

 

TRACT I: All of White Oak Commercial Center, a condominium, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat filed July 7, 1988, recorded in Book 23, page 76.

 

TRACT II: The west 74.0 feet of Lots 2 and 3, Jefferson Grove, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, except that part conveyed to Ray M. Whitham and Theresia E. Whitham, husband and wife, by deed filed December 3, 1969, as Instrument No. C-40120, recorded in Book 1029, page 692.

 

TRACT III: The south 100 feet of the east 71.60 feet of the west 145.60 feet of Lot 3, Jefferson Grove, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, except any part in the roads.

 

TRACT IV: All of the west 145.60 feet of Lots 2 and 3, Jefferson Grove, a subdivision in Kansas City, Clay County, Missouri, except the west 74.0 feet thereof, and except the south 100.0 feet of said Lot 3; and that part of the west 74.0 feet of Lots 2 and 3, Jefferson Grove, a subdivision in Kansas City, Clay County, Missouri, described as follows: Commencing at a point 64.0 feet east of the northwest corner of Lot 2, Jefferson Grove; thence south 149.62 feet to a point in Lot 3, Jefferson Grove; thence east 10.0 feet to a point in Lot 3, Jefferson Grove; thence north 149.62 feet to the north edge of Lot 2, Jefferson Grove; thence west 10.0 feet to the point of beginning.

 

is hereby approved, subject to the following conditions:

 

1. That the developer dedicate additional right of way, by general warranty deed, for a collector street as required by Development Services prior to the issuance of any certificate of occupancy so as to provide a minimum of 30 feet of right of way as measured from the centerline of N.E. 79th Terrace.

 

2. That the developer secure permits for modified curb, gutter and sidewalk for the north side of N.E. 79th Terrace as required by Development Services prior to the issuance of any certificate of occupancy.

 

3. That the developer submit an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to review and issuance of any building permits, and that he make necessary improvements as required by Development Services prior to the issuance of any certificate of occupancy.

 

4. That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to issuance of any certificate of occupancy.

 

5. 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, prior to recording the plat.

 

6. That the developer grant a BMP Easement to the City, as required by Development Services, prior to issuance of any certificate of occupancy.

 

7. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line)and building elevations.

 

8. That all outdoor storage of contractors equipment be removed from the site prior to the issuance of any building permits for this property.

 

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