ORDINANCE NO. 080271

Approving an amendment to a previously approved preliminary plan in District R-4-p on approximately a 7 acre tract of land generally located at the southwest corner of E. 29th Street and Blue Ridge Boulevard, for the purpose of deleting an approximately 3 acre tract of land from said preliminary plan. (7617-P-4)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District R-4-p (Low Apartments - Limited District) on approximately a 7 acre tract of land generally located at the southwest corner of E. 29th Street and Blue Ridge Boulevard, and more specifically described as follows:

Lot 15, Woodson's Blue Ridge Addition, a recorded subdivision, and part of Section 17, Township 49, Range 32 in Kansas City, Jackson County, Missouri, described as follows: Beginning at the Northwest corner of said Lot 15; thence East along the North line thereof, a distance of 329.49 feet to a point on the West right-of-way line of Blue Ridge Road (40 feet from the centerline thereof); thence Northwesterly, along said right-of-way line, a distance of 56.1 feet, more or less, to the North line of the Southeast of the Northwest of said Section 17; thence West along said North line, a distance of 931.6 feet, more or less, to a line lying 270 feet East of and parallel to the West line of the East 38 acres of the Southeast of the Northwest of said Section 17; thence South along said parallel line, a distance of 340 feet; thence East, parallel to the North line of last said Section, a distance of 826.7 feet, more or less, to a point on the West line of Lot 13, in said Woodson's Blue Ridge Addition; thence North 3430' West along said West line and along the prolongation thereof, a distance of 351.5 feet to the point of beginning.

for the purpose of deleting therefrom an approximately 3 acre tract of land, more specifically described as follows:

A tract of land containing 125,876 square feet (2.89 Acres) more or less situated in the Southeast Quarter of the Northwest Quarter of Section 17, Township 49, Range 32, Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the Northwest Corner of Union Lakes, a subdivision recorded in Book 46, Page 74, Jackson County, Missouri land records (Found #4 Rebar w/Cap); thence South 0310'15" West, along the West Line of said Union Lakes, a distance of 339.90 feet to the South Line of Zoning Ordinance No. 49759; thence North 8649'38" West, along the South Line of said Ordinance, a distance of 366.54 feet to a point 270 feet East of the West Line of the East 38 Acres of the Southeast Quarter of the Northwest Quarter of said Section 17 on the West Line of Zoning Ordinance No. 49759; thence North 0153'49" East, along the West line of said Ordinance, and 270 feet east of and parallel with the West line of said East 38 Acres, a distance of 340.00 feet to the North Line of said Zoning Ordinance; thence South 8649'29" East, along the North line of said Ordinance, a distance of 374.10 feet to the point of beginning.

so that the remaining tract of land of approximately 4 acres, more specifically described as follows:

Tract 1 Union Lakes Subdivision, a subdivision in Kansas City, Jackson County, Missouri described as follows: Lot 15, Woodsons Blue Ridge Addition, a subdivision in Kansas City, Jackson County, Missouri, and commencing at the center of Section 17, Township 49, Range 32 in Jackson County, Missouri, thence East along the Section line 83.4 feet; thence North 10 degrees 45 minutes West 437.68 feet to the true point of beginning of this tract; thence North 10 degrees 45 minutes West 421.85 feet; thence North 34 degrees 30 minutes West 513 feet, more or less to a point 50 feet South of the North line of the Southeast of the Northwest of said Section; thence East parallel to and 50 feet South of the North line of said Section to the West line of the right of way of Blue Ridge Road (40 feet from the center line thereof); thence Northwesterly along said right of way line to the North line of said Section; thence West to the Northwest corner of the East 38 acres of said Section; thence South along the West line of said 38 acre tract to a point 430 feet North of the South line of said Section; thence East parallel to the South line of said Section the true point of beginning.

is hereby approved, subject to the following conditions:

1.                  That the developer submit a micro storm drainage study to Development Services for review and acceptance for this phase when the final plat is submitted, and that the developer construct any improvements as required by Development Services.

2.                  That the developer enter into a secured deferral agreement for the remaining improvement of 29th Street to local street standards, as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

3.                  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.

4.                  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.

5.                  That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

6.                  That the developer secure a land disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

7.                  That the developer grant a BMP Easement to the City as required by Development Services.

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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney