ORDINANCE NO. 070414

Approving an amendment to a previously approved development plan in District PD/C-2/US on a 19.67 acre tract of land generally located at the southwest corner of N.E. 48th Street and N. Randolph Road (13631-PD-1)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved development plan in District PD/C-2/US (Planned District/Local Retail Business/Underground Space) on a 19.67 acre tract of land generally located at the southwest corner of N.E. 48th Street and N. Randolph Road, and more specifically described as follows:

A tract of land in the Northeast Quarter of the Northeast Quarter of Section 4, Township 50 North, Range 32 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 4; thence North 892423 West, along the North line of said Northeast Quarter, 256.58 feet; thence South 03537 West, 77.78 feet to a point on the Southerly right-of-way line of Northeast 48^th Street, as now established, said point being the True Point of Beginning of the tract to be herein described; thence South 014127 West, 152.21 feet (Deed-152.35); thence South 892423 East, 173.58 feet (Deed-173.56) to a point on the Westerly right-of-way line of Interstate Route 435, as now established; thence South 023905 East, along said Westerly right-of-way line, 104.32 feet (Deed-104.25) to a point 285.00 feet West of Centerline Station 601+00 on said Interstate Route 435; thence South 034654 East, along said Westerly right-of-way line, 451.36 feet to a point 250.00 feet West of Centerline Station 605+50 of said Interstate Route 435; thence South 892003 East, 20.47 feet (Deed-20.92) to a point on the West right-of-way line of Randolph Road, as now established; thence South 03604 West, along said West right-of-way line, 229.89 feet (Deed-229.90); thence North 892809 West, along the Easterly prolongation of the Northerly line of Lots 23 to 38, Block 2, Randolph Corners, a subdivision of land in Kansas City, Clay County, Missouri, and the Northerly line of said Lots 23 to 38, 820.45 feet (Deed-820.20) to the Northeast corner of Lot 22, Block 2, said Randolph Corners; thence North 403707 West, along the Northeasterly line of Lots 17 to 22, Block 2, said Randolph Corners, 225.90 feet (Deed-225.66) to the Southeast corner of Lot 16, Block 2, said Randolph Corners; thence North 03444 East, along the East line of Lots 1 to 16, Block 2, said Randolph Corners, and its Northerly prolongation, 825.03 feet (Deed and Plat-825.71 feet) to a point on the Southerly right-of-way line of the aforementioned NE 48^th Street; thence South 892423 East, along said Southerly right-of-way line, 350.15 feet (Deed-349.03); thence South 001957 West, along said Southerly right-of-way line, 59.55 feet (Deed-59.30); thence South 894003 East, along said Southerly right-of-way line, 387.63 feet (Deed-387.78) to the True Point of Beginning. Containing 19.67 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 submit a macro overall storm drainage study for the entire development to Development Services for review and acceptance at the time the first plat is submitted, with a micro detailed storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

3.                  That the developer dedicate additional right of way for a secondary arterial with a bike lane as required by Development Services so as to provide a minimum of 46 feet of right of way as measured from the centerline of N.E. 48th Street.

4.                  That the developer secure permits to construct/reconstruct five foot wide sidewalks along N. Randolph Road and N.E. 48th Street development frontages as required by Development Services prior to recording the plat.

5.                  That the developer design and construct all interior streets to City standards as required by Development Services, including curb, gutter, storm sewers, streetlights, and sidewalks.

6.                  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.

7.                  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.

8.                  That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to submittal of the first final plat.

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

10.              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 exceeds one acre.

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

12.              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.

13.              That the developer provide access restrictions to prohibit direct vehicular access to N.E. 48th Street from all lots or units and that the restriction be placed on the final plat.

14.              That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

15.              That the developer pay money in lieu of parkland dedication in the amount of $19,423.92 (200 x 2 x .006 = 2.4 acres less 0.43 acres = 1.97 acres x $9,859.86) in satisfaction of Section 66-128 of the Subdivision Regulations.

16.              That the developer submit a final plan to the City Plan Commission for approval, including a site plan, grading plan, building elevations, signage plan and a photometric plan (for Tract H) showing zero footcandles at the property line.

17.              That the developer submit a street tree planting plan as part of all final plats and secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots, with a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer shall agree to plant in accordance with the plan approved by the City Forester.

A copy of said amended 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.

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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