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Legislation #: 090531 Introduction Date: 6/18/2009
Type: Ordinance Effective Date: 7/19/2009
Sponsor: COUNCILMEMBER FORD
Title: Approving an amendment to a previously approved preliminary plan in District CP-2 on approximately 15 acres of land generally located at the southwest corner of Missouri Highway 152 and N. Oak Trafficway, to allow a restaurant and additional commercial development. (12369-CP-4).

Legislation History
DateMinutesDescription
6/18/2009 Filed by the Clerk's office
6/18/2009 Referred to Planning and Zoning Committee
7/8/2009 Advance and Do Pass as a Committee Substitute, Debate
7/9/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090531.pdf Authenticated 187K AUTHENTICATED
C012369CP4_FACTSHT.xls Fact Sheet 66K Fact Sheet
C012369CP4_StaffReport_06_02_09.doc Staff Report 75K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090531

Approving an amendment to a previously approved preliminary plan in District CP-2 on approximately 15 acres of land generally located at the southwest corner of Missouri Highway 152 and N. Oak Trafficway, to allow a restaurant and additional commercial development. (12369-CP-4).

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 15 acres of land generally located at the southwest corner of Missouri Highway 152 and N. Oak Trafficway, more specifically described as follows:

 

All that part of the Southwest Quarter of Section 2, Township 51, Range 33, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of said Southwest Quarter; thence South 0 degrees 31 minutes 05 seconds West along the East line of said Southwest Quarter, 410.68 feet; thence North 89 degrees 28 minutes 55 seconds West, 123.02 feet to a point on the Westerly right-of-way line of N. Oak Street Trafficway, as now established, said point being also the true point of beginning of the tract to be herein described; thence South 03 degrees 26 minutes 10 seconds East along said Westerly line, 541.29 feet to a point on the North line of Tract A, Sherrydale Estates Plat 4, a subdivision in Kansas City, Clay County, Missouri; thence North 89 degrees 56 minutes 15 seconds West along said North line, 883.72 feet to the Southeast corner of Tract A of Sherrydale Estates Plat 5, a subdivision of land in Kansas City, Clay County, Missouri; thence North 20 degrees 29 minutes 23 seconds East, along the Easterly line of said Tract A,, 18.57 feet; thence North 45 degrees 57 minutes 15 seconds East along said Easterly line, 40.00 feet; thence North 09 degrees 29 minutes 02 seconds East, along said Easterly line, 15.27 feet; thence North 32 degrees 15 minutes 17 seconds West along the Northeasterly line of said Tract A, 20.82 feet; thence North 46 degrees 17 minutes 12 seconds West along said Northeasterly line, 46.87 feet; thence North 54 degrees 17 minutes 17 seconds West along said Northeasterly line, 197.04 feet; thence North 31 degrees 10 minutes 22 seconds West along said Northeasterly line, 100.73 feet to the most Northerly corner of said Sherrydale Estates Plat 5; thence South 40 degrees 00 minutes 19 seconds West along the Westerly line of said Sherrydale Estates Plat 5, 170.00 feet to a point on the West line of the East one-half of said Southwest Quarter; thence North 0 degrees 31 minutes 35 seconds East along said West line, 468.25 feet to a point on the Southerly right-of-way line of Missouri Highway 152, as now established; thence North 82 degrees 32 minutes 00 seconds East along said Southerly right-of-way line, 303.17 feet; thence South 73 degrees 28 minutes 16 seconds East along said Southerly right-of-way line, 428.98 feet; thence South 81 degrees 15 minutes 36 seconds East along said Southerly right-of-way line, 215.87 feet; thence North 88 degrees 46 minutes 52 seconds East along said Southerly right-of-way line, 250.45 feet to the true point of beginning. Containing 14.96 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; this includes proposed configuration of Lot 2A.

 

2.                  That the developer submit an update to 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 issuance of a building permit and make the necessary improvements as required by Development Services prior to issuance of any certificate of occupancy.

 

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

 

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

 

5.                  That the developer pay $24,150.00 in lieu of construction of an asphalt trail within the public park as part of this phase prior to issuance of building permit.

 

6.                  That the developer pay an impact fee as required by Chapter 39, Code of Ordinances of the City of Kansas City, Missouri.

 

7.                  That the developer construct sanitary and/or storm sewers and determine adequacy as required by the Department of Public Works.

 

8.                  That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to issuance of any certificate of occupancy.

 

9.                  That the developer grant a BMP Easement to the City, as required by Development Services, prior to issuance of any certificate of occupancy.

 

10.              That the developer submit a final plan to the City Plan Commission for approval, indicating plans for landscaping, grading, signage, building elevations, lighting and a photometric study showing zero footcandles at the property lines. The signage shall meet the requirements of the new Chapter 88-445 of the Development Code.

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