COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160491
Approving an amendment to a
previously approved URD Plan in District UR (Urban Redevelopment) on
approximately 63 acres generally bounded by I-70 on the north, Blue Ridge
Boulevard on the east, E. 43rd Street on the south and 750 feet west of
Sterling Avenue on the west, to allow for the existing Wal-Mart store and a new
gas station. (12884-UR-2)
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section A. That an
amendment to a previously approved URD Plan in District UR (Urban
Redevelopment), on approximately 63 acres generally bounded by I-70 on the
north, Blue Ridge Boulevard on the east, E. 43rd Street on the south and 750
feet west of Sterling Avenue on the west, to allow for the existing Wal-Mart
store and a new gas station, and more specially described as follows:
All
that part of Lots 6, 7, 8, 9, 14 and 15, Ott’s Plat, a subdivision of land in
the Cities of Kansas City and Independence, all in Jackson County, Missouri,
according to the recorded plat thereof, together with a portion of the
Southwest Quarter of the Southeast Quarter of Section 21, Township 49, Range
32, the parcel of land to be herein described lies wholly within said city of
Kansas City, being more particularly described as follows:
All
that part of Lot 1, Sterling Square, a subdivision in Kansas City, Jackson
County, Missouri, according to the recorded plat thereof; and
Beginning
at the point of intersection of the Westerly right-of-way line of Sterling
Avenue with the Northerly right-of-way line of 43rd Street, as said Avenue and
Street are now both established; thence North 90 degrees 00 minutes 00 seconds
West along the Northerly right- of-way line of said 43rd Street, along a line
20 feet North of and parallel with the Southerly line of said Quarter, Quarter
Section, a distance of 738.93 feet to a point of intersection with the
Southerly extension of the Easterly line of Sterling Square, a subdivision of
land in said City, County and State, according to the recorded plat thereof;
thence North 1 degree 22 minutes 56 seconds West (N.1 degree 58 minutes 51
seconds E., Plat) along the Easterly line of said Sterling Square and its
Southerly extension, said line being parallel with the Westerly line of said
Quarter, Quarter Section, a distance of 914.11 feet to a point on the Southerly
right-of- way line of U.S. Interstate Highway Route No. 70, as now established;
thence Southeasterly and Easterly along said Southerly right-of-way line, the
following courses and distances; thence South 58 degrees 15 minutes 23 seconds
East, 504.80 feet, more or less to a point 500 feet South of the survey
centerline of said U.S. Interstate Highway Route No. 70 at Station 448+36.97;
thence South 74 degrees 49 minutes 14 seconds East, 167.61 feet, more or less
to a point 545 feet South of said survey centerline at Station 449+98.43;
thence North 89 degrees 36 minutes 21 seconds East, 137.22 feet, more or less
to a point 545 feet South of said survey centerline at Station 451+35.85;
thence South 43 degrees 07 minutes 39 seconds East, 27.23 feet, more or less to
a point on the Westerly right-of-way line of said Sterling Avenue, said point
being 50 feet West of the Easterly line of said Quarter, Quarter Section, as
measured perpendicular thereto; thence North 1 degree 22 minutes 43 seconds
West along the Northerly Extension of the Westerly right-of-way line of said
Sterling Avenue, along a line 50 feet West of and parallel with the Easterly
line of said Quarter, Quarter Section, a distance of 438.30 feet, more or less
to a point on the Westerly extension of the Southerly right-of-way line of U.S.
Interstate Highway Route No. 70, as now established; thence North 88 degrees 42
minutes 04 seconds East along the Westerly extension of said Southerly
right-of-way line, a distance of 100 feet, more or less to the point of
intersection of the Easterly right-of-way line of Sterling Avenue, said point
being 50 feet East of the Westerly line of the Southeast Quarter of the
Southeast Quarter of said Section 21, Township 49, Range 32; thence continuing
North 88 degrees 42 minutes 04 seconds East along the Southerly right-of-way
line of said U.S. Interstate Highway Route No. 70, a distance of 829.69 feet
more or less to a point 112.09 feet South of the survey centerline of said U.S.
Interstate Highway Route No. 70 at Station 460+76.17; thence South 82 degrees
11 minutes 30 seconds East along the Southerly right-of-way line of said U.S.
Interstate Highway Route No. 70, a distance of 127.63 feet, more or less to a
point of intersection with the Northeasterly city limits line said Kansas City,
being also the Southwesterly city limits line of said Independence, said city
limits line being established 300 feet Southwesterly of and concentric with the
survey centerline of U.S. Highway Route No. 40, as now established; thence
Southeasterly along the city limits line between said Kansas City and said
Independence the following courses and distances; thence Southeasterly along a
curve to the left, having an initial tangent bearing of South 54 degrees 12
minutes 17 East, a radius of 4,119.72 and a central angle of 15 degrees 59
minutes 50 seconds, an arc length of 1,150.23 feet; thence South 70 degrees 12
minutes 07 seconds East, tangent to the last described curve, a distance of
495.35 feet, more or less to a point on the Southwesterly right- of-way line of
Blue Ridge Spur as now established 40 feet Southwesterly of the survey
centerline of said Blue Ridge Spur; thence Southeasterly along the
Southwesterly right-of-way line of said Blue Ridge Spur, along a curve to the
right, having an initial tangent bearing of South 25 degrees 43 minutes 27
seconds East, a radius of 915.37 feet and a central angle of 0 degrees 10
minutes 22 seconds, an arc length of 2.76 feet more or less to a point on the
Northerly line of the Corrected Plat of Vineyard Heights, a subdivision in said
Kansas City, Jackson County, Missouri, according to the recorded plat thereof;
thence South 89 degrees 21 minutes 44 seconds West along the Northerly line of
said Corrected Plat of Vineyard Heights, a distance of 684.80 feet to the
Northwest corner thereof; thence South 0 degrees 38 minutes 16 seconds East
along the Westerly line of said plat, perpendicular to the last described
course, a distance of 309.80 feet to the Southwest corner of said plat, being
also a point on the Northerly right of way line of said 43rd Street, said point
being 20 feet North of the Southerly line of the Southwest Quarter of Section
22, Township 49, Range 32 as measured perpendicular thereto; thence Westerly
along the Northerly right-of-way line of said 43rd Street, the following
courses and distances; thence South 89 degrees 21 minutes 44 seconds West,
along a line 20 feet North of and parallel with the Southerly line of said
Southwest Quarter, a distance of 460.35 feet to a point on the Westerly line of
said Southwest Quarter, being also a point on the Easterly line of the
Southeast Quarter of Section 21 Township 49, Range 32; thence North 89 degrees
59 minutes 45 seconds West, along a line 20 feet North of and parallel with the
Southerly line of said Southeast Quarter, a distance of 536.08 feet; thence
North 80 degrees 56 minutes 24 seconds West, 127.07 feet to a point 40 feet
North of the Southerly line of said Southeast Quarter; thence North 89 degrees
59 minutes 45 seconds West, along a line 40 feet North of and parallel with the
Southerly line of said Southeast Quarter, a distance of 609.99 feet to the
point of intersection with the Easterly right-of-way line of Sterling Avenue,
said point being 50 feet East of the Westerly line of the Southeast Quarter of
the Southeast Quarter of said Section 21, Township 49, Range 32; thence South
88 degrees 37 minutes 17 seconds West along a line drawn perpendicular to the
Westerly line of said Quarter, Quarter Section, a distance of 100 feet to a
point on the Westerly right-of-way line of Sterling Avenue, said point being 50
feet West of the Easterly line of the Southwest Quarter of the Southeast
Quarter of said Section 21, Township 49, Range 32; thence South 1 degree 22
minutes 43 seconds East along the Westerly right-of-way line of said Sterling
Avenue, along a line 50 feet West of and parallel with the Easterly line of
said Quarter, Quarter Section, a distance of 17.59 feet to the Point of
Beginning. Containing 62.731 acres, more or less.
is hereby
approved, subject to the following conditions:
1.
Conditions of Committee Substitute
Ordinance No. 050078 passed by City Council on February 24, 2005, remain
effective for this UR development.
2.
The final plat shall be approved
by the City of Independence, Missouri prior to Mylar approval by the City of
Kansas City, Missouri.
3.
The developer shall submit a final
plan to the Director of City Planning and Development for approval, indicating
plans for landscaping, grading, detailed internal circulation, signage,
lighting and a photometric study showing zero footcandles at the property lines
prior to issuance of a building permit. The final UR plans should incorporate
the Blue Ridge Crossing design guidelines as it relates to building and canopy
materials.
4.
The developer shall cause the area
to be platted and processed in accordance with Chapter 88, Code of Ordinances
of the City of Kansas City, Missouri.
5.
The developer shall submit a storm
drainage analysis from a Missouri licensed civil engineer to the Land
Development Division, in accordance with adopted standards, including a BMP
level of service analysis prior to approval and issuance of any building
permits, and the developer shall secure permits to construct any improvements
as required by the Land Development Division prior to issuance of any
certificate of occupancy.
6.
The developer must pay impact fees
as required by Chapter 39 of the City's Code of Ordinances as required by the
Land Development Division.
7.
The owner/developer must submit
plans for grading, siltation, and erosion control to the Land Development
Division for review and acceptance, and secure a site disturbance permit for
any proposed disturbance area equal to one acre or more prior to beginning any
construction activities.
8.
The developer must secure permits
to extend sanitary sewer systems to serve all proposed lots within the
development and determine adequacy of receiving systems as required by the Land
Development Division, prior to recording the plat or issuance of a building
permit, whichever occurs first.
9.
The developer must grant a BMP
Easement to the City as required by the Land Development Division, prior to
recording the plat or issuance of any building permits.
10.
The developer shall rectify any
conflict with existing and proposed sewer lines as required by the Water
Services Department. (Contact Matt Thomas @ 513-0306 with the WSD for
information.)
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 88, 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