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Legislation #: 090027 Introduction Date: 1/8/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved preliminary plan in District PD/C-2 on approximately a 10.1 acre tract of land generally located at the northwest corner of N.E. 95th Terrace and N. Oak Trafficway. (13590-PD-7)

Legislation History
DateMinutesDescription
1/7/2009 Filed by the Clerk's office
1/8/2009 Referred to Planning and Zoning Committee
1/28/2009 Do Pass
1/29/2009 Assigned to Third Read Calendar
2/5/2009 Passed

View Attachments
FileTypeSizeDescription
090027.pdf Authenticated 207K authenticated
aff of pub 090014.pdf Advertise Notice 59K Affidavit of Publication
adv 010908a.pdf Advertise Notice 10K Advertising
C013590PD7_FACTSHT.xls Fact Sheet 61K Fact Sheet
C013590PD7_STAFFRPT12_02_08.doc Staff Report 65K Staff Report

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ORDINANCE NO. 090027

 

Approving an amendment to a previously approved preliminary plan in District PD/C-2 on approximately a 10.1 acre tract of land generally located at the northwest corner of N.E. 95th Terrace and N. Oak Trafficway. (13590-PD-7)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District PD/C-2 (Local Retail Business, Planned Development) on approximately a 10.1 acre tract of land generally located at the northwest corner of N.E. 95th Terrace and N. Oak Trafficway, and more specifically described as follows:

 

All that part of the East Half of the Northwest Quarter of Section 2, Township 51, Range 33, Kansas City, Clay County, Missouri, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence North 89 degrees 41 minutes 51 seconds West along the North line of said Northwest Quarter, 626.55 feet to its intersection with the South right-of-way line of Northeast 96th Street, as recorded in Book 1205 at Page 756 in the office of the Recorder of Deeds in said Clay County, said point being the Northeast corner of a tract of land recorded in Book 5084 at Page 100 in said office of the Recorder and the True Point of Beginning; thence Southeasterly along said South right-of-way line, on a curve to the left, having an initial tangent bearing of South 66 degrees 14 minutes 21 seconds East, a radius of 1235.92 feet, a central angle of 22 degrees 29 minutes 20 seconds, an arc distance of 485.11 feet; thence South 88 degrees 43 minutes 41 seconds East along said South right-of-way line, 55.19 feet; thence South 38 degrees 18 minutes 46 seconds East along said South right-of-way line, 88.66 feet to the West right-of-way line of North Oak Trafficway, as previously condemned; thence South 01 degrees 43 minutes 50 seconds West along said West right-of-way line, 167.06 feet; thence South 00 degrees 09 minutes 12 seconds West along said West right-of-way line, 565.48 feet; thence South 45 degrees 00 minutes 07 seconds West along said West right-of-way line, 29.09 feet to the North right-of-way line of Northeast 95th Terrace, formerly Craig Road, as now established and the North line extended of North Oak Crossing - First Plat, a subdivision of land recorded in Book F at Page 49 in said office of the Recorder; thence North 77 degrees 20 minutes 52 seconds West along said North right-of-way line and said North line of North Oak Crossing - First Plat, 525.41 feet to the Southeast corner of a tract of land recorded in Book 2279 at Page 963 in said office of the Recorder; thence North 04 degrees 26 minutes 29 seconds East along the East line of said tract and the extension thereof, 578.71 feet; thence North 77 degrees 20 minutes 52 seconds West, 200.00 feet to the East line of the aforementioned tract of land recorded in Book 5084 at Page 100; thence North 04 degrees 26 minutes 29 seconds East along said East line, 193.50 feet to the North line of said Northwest Quarter; thence South 89 degrees 41 minutes 51 seconds East along said North line, 94.44 feet to the true point of beginning. Containing 10.07 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, commonly known as the Subdivision Regulations.

 

2. That the developer dedicate right of way for and enter into a secured deferral agreement for the construction of an eastbound right turn lane with taper on N.E. 96th Street at the north development entrance as shown on the development plan as required by Development Services, to be constructed at the time of the construction of an intersection or interchange at N.W. 96th Street and U.S. Highway 169.

 

3. That southbound left turns from the south development entrance onto N.E. 95th Terrace as shown on the development plan be prohibited until the construction of an intersection or interchange at N.W. 96th Street and U.S. Highway 169, and that said left turns be permitted upon completion of said construction subject to review and approval by the City of a traffic study, or that adequate sight distance for said left turns be provided as required by Development Services.

 

4. That the developer submit an update of 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 clearance of the next plat and make necessary improvements as required by Development Services.

 

5. That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by Development Services.

 

6. That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to the commencement of any construction activities.

7. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

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

 

9. That the developer obtain a site disturbance permit from Development Services prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

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

 

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

 

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

 

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

 

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

 

15. That the developer submit a final plan for each lot and tract to the City Plan Commission for approval, including detailed information on landscaping, (including canopy shade trees spaced a maximum average of 50 feet on center within the plan area along the public street frontages and both sides of Tract A), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line), sidewalks along both sides of Tract A, and building elevations (including screening of rooftop equipment on all buildings). A final plan for Tract C must be approved prior to or concurrent with final plan approval for Lots 4 or 5.

 

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