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Legislation #: 011123 Introduction Date: 8/2/2001
Type: Ordinance Effective Date: 9/9/2001
Sponsor: None
Title: Approving an amendment to a previously approved preliminary plan in District CP-2 (Local Planned Business Center) on approximately a 17.0 acre tract of land generally located at the southwest corner of N.E. Vivion Road and N.E. Chouteau Trafficway. (5642-CP-16)

Legislation History
DateMinutesDescription
8/2/2001

Prepare to Introduce

8/2/2001

Referred Planning, Zoning & Economic Development Committee

8/22/2001

Do Pass

8/23/2001

Assigned to Third Read Calendar

8/30/2001

Passed


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ORDINANCE NO. 011123

 

Approving an amendment to a previously approved preliminary plan in District CP-2 (Local Planned Business Center) on approximately a 17.0 acre tract of land generally located at the southwest corner of N.E. Vivion Road and N.E. Chouteau Trafficway. (5642-CP-16)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District CP-2 (Local Planned Business Center) on approximately a 17.0 acre tract of land generally located at the southwest corner of N.E. Vivion Road and N.E. Chouteau Trafficway, and more specifically described as follows:

 

TRACT 1: All or parts of Lots 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 52 and 56 and portions of vacated streets and alley all in Beulmar Acres, a subdivision of land in Kansas City, Clay County, Missouri, all more particularly described as follows: Beginning at a point on the westerly line of said Lot 28, which is 105.22 feet north of the southwest corner thereof, measured along the west and westerly lines of said lot; thence southwesterly along said westerly line, 0.09 feet to an angle point in said westerly or west line; thence south along the west line of said Lot 28, 60.13 feet to a point 45 feet north of the southwest corner thereof; thence southeasterly along a line parallel with the southerly line and its prolongation, of Lot 27 in said Beulmar Acres, 351.37 feet to an intersection with a straight line drawn from the southwest corner of said Lot 30 to a point on the northerly line of said Lot 30, which is 15.40 feet east of the northwest corner thereof, measured along said northerly line; thence continuing southeasterly along the last described line, 300.98 feet to a point on the southeasterly line of said Lot 32, which is 20.34 feet northeasterly from the most southerly corner thereof, measured along said southeasterly line; thence northeasterly along said southeasterly line, 44.47 feet; thence continuing northeasterly along the southeasterly line of said Lot 32, and along a curve to the right from the last described course at a tangent, having a radius of 200 feet, a distance of 76.45 feet; thence continuing northeasterly along the southeasterly line of said Lots 32 and 33, tangent to the last described curve, 159.76 feet; thence continuing northeasterly along the southeasterly line of said Lot 33, along a curve to the left from the last described course as a tangent, having a radius of 230 feet, a distance of 21.74 feet to an intersection with the prolongation west of the south line of said Lot 46; thence east along said prolongation and along said south line, 371.62 feet to the southeast corner of said Lot 46; thence north along the east line of said Lots 46, 45, 44 and 43, 606.67 feet to a point on the southwest line of Chouteau Trafficway, as now established, 50 feet southwesterly from the original centerline thereof, thence northwesterly along said southwesterly line, which line deflects to the left 53E06'11" from the last described course, 133.30 feet; thence continuing northwesterly along said southwesterly line being a curve to the right from the last described course as a tangent, having a radius of 640 feet, a distance of 194.51 feet; thence southwesterly along a line which deflects to the left 83E25'38" from the


tangent to the last described curve, 189.93 feet; thence northwesterly along a line which deflects to the right 90E from the last described course, 225.25 feet to a point on the southeasterly line of Vivion Road; thence southwesterly along said southeasterly line, being a curve to the left, concentric with the northwesterly line of said Lots 39, 37 and 52 and having a radius of 1,382.70 feet, a distance of 416.47; thence continuing southwesterly along said southeasterly line, being tangent to the last described curve and 10 feet southeasterly of, measured at right angles from, the northwesterly line of said Lot 52, 16.20 feet to a point on the southwesterly line of said Lot 52; thence southeasterly along said Lot 52; thence southeasterly along said southwesterly line and its prolongation, 227.20 feet to a point on the centerline of vacant Russell Avenue; thence southwesterly along said centerline, 160.18 feet to an intersection with the northerly prolongation of a straight line drawn from the southwest corner of said Lot 30 to a point on the northerly line of said Lot 30 which is 15.40 feet easterly of the northwest corner thereof, measured along said northerly line; thence southwesterly along said last mentioned line and its northerly prolongation, 491.55 feet to an intersection with a line drawn through the point of beginning and parallel with the southerly line and its prolongation easterly of Lot 27 in said Beulmar Acres; thence northwesterly along said parallel line, 354.47 feet to the point of beginning. Except part thereof now in Antioch Road.

 

TRACT 2: All that part of Lots 39, 40, 41 and a portion of the vacated alley adjoining said lots, in Beulmar Acres, a subdivision in Kansas City, Clay County, Missouri, described as follows: Commencing at the intersection of the east line of Lot 43 in Beulmar Acres with the southwesterly line of Chouteau Trafficway, as now established, 50 feet southwesterly from the original centerline thereof; thence northwesterly along said southwesterly line which line makes a northwest angle of 53E06'11" with said east line, 133.30 feet; thence continuing northwesterly along said southwesterly line being a curve to the right from the last described course as a tangent, having a radius of 640 feet, a distance of 194.51 feet; thence southwesterly along a line which deflects to the left 83E25'38" from the tangent to the last described curve, 84.93 feet to a point of beginning of a tract of land to be herein described; thence continuing southwesterly along the last described course 105 feet; thence northwesterly at a right angles from last described course 74 feet; thence northeasterly at right angles from last described course 34 feet; thence southeasterly, at right angles from the last described course, 40 feet; thence northeasterly, at right angles from the last described course, 71 feet; thence southeasterly, at right angles from the last described course, 34 feet to the point of beginning.

 

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, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers Office.

 

3. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

4. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right of way.

 

5. That the developer receive approval from the Missouri Department of Transportation for access locations onto N.E. Vivion Road.

 

6. That the developer construct sidewalks on the west side of N.E. Chouteau Trafficway as required by the Department of Public Works.

 

7. That the developer comply with all Kansas City Downtown Airport height regulations as required by the Department of Codes Administration and the Aviation Department.

 

8. That the developer secure the approval of the Board of Zoning Adjustment for a variance to the required number of parking spaces for the development, a variance to the required setback and area for the proposed signage and a variance to the height requirements for the parking lot light poles.

 

9. That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, fencing, signage (including elevations), and building elevations.

 

A copy of said amendment is on file in the office of the City Clerk under Document No. 011123, which is attached hereto and 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:

 

 

___________________________________

Assistant City Attorney