COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970209
Approving an amendment to a previously approved
development plan in District URD (Urban Redevelopment District) on
approximately an 11.8 acre tract of land generally bounded by Brush Creek Boulevard
on the north, Oak Street on the east, Brush Creek on the south, and the Kansas
City Service right of way on the west to delete therefrom a tract of land of
approximately 1.07 acres. (9585-URD-7)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That an amendment to a previously
approved development plan in District URD (Urban Redevelopment District) on
approximately an 11.8 acre tract of land generally bounded by Brush Creek
Boulevard on the north, Oak Street on the east, Brush Creek on the south, and
the Kansas City Service right of way on the west, and more specifically
described as follows:
All of Brush Creek Redevelopment, a subdivision,
according to the recorded plat thereof, together with all of Lots 11
through 18, inclusive, and all of Lots 7 through 10, inclusive except the
east 30 feet thereof, Block 1, and all of Lots 1 and 2 and that part of
Lots 3, 4, 7, 8 and 9, Block 4, and all of Lots 1 through 4, inclusive, and
Lots 9 through 12, inclusive, together with that part of Lots 5 and 8,
Block 5 with Block 1, 4 and 5 being part of New Southmoreland, a
subdivision, according to the recorded plat thereof, together with that
part of McGee Street from the north line of Lot 7, Block 1, to the
northerly line of Brush Creek Parkway, as now established, and that part
of 48th Street from the west line of Oak Street to the east line of Grand
Avenue and the east half of Grand Avenue all in Kansas City, Jackson
County, Missouri, being more particularly described as follows:
Beginning at the northeast corner of Lot 18, Block 1
of said New Southmoreland; thence South 2 29'20" West along the east
line of said Lot 18 and along the east line of said Lots 17 and 16 and its
southerly prolongation and along the east line of Lots 1 through 4,
inclusive, Block 5 of said New Southmoreland and along the west right of
way line of Oak Street, as now established, a distance of 411.40 feet to
the southeast corner of Lot 4 of said Block 5, and a jog in said west
right of way line; thence North 87 11'30" West along said jog and
along the south line of said Lot 4, a distance of 5 feet; thence South 2
29'20" West along said west right of way line, a distance of 43.01
feet to a point on the northerly line of said Brush Creek Parkway, as now
established; thence the following courses and distances along said
northerly line; thence North 87 11'30" West, 79.87 feet; thence North
82 29'02" West, 216.42 feet; thence North 57 02'50" West, 69.59
feet; thence North 87 14'17" West, 75 feet; thence North 54
13'26" West, 268.48 feet to a point on the west line of Lot 9, Block
4 of said New Southmoreland; thence North 2 28'33" along said northerly
line and along the west line of said Lot 9, a distance of 43.52 feet to
the northwest corner thereof, being also a point on the south right of way
line of said 48th Street; thence North 42 25'41" West along the
northerly line of said Brush Creek Parkway, a distance of 42.51 feet to a
point of intersection with the west line of the east half of said Grand
Avenue; thence North 2 27'42" East along said west line, a distance
of 179.73 feet to a point on the south line of Lot 5 of said Brush Creek
Redevelopment; thence North 87 23'40" West along said south line, a
distance of 86.09 feet to an angle point in the southwesterly line of said
Lot 5, being also a point on the northeasterly line of Mill Creek Parkway,
as now established; thence North 22 08'04" West along said
southwesterly line and along said northeasterly line, a distance of 80.25
feet; thence South 87 23'40" East, 198.39 feet; thence North 2 36'20"
East, 227.06 feet to point on the north line of Lot 4 of said Brush Creek
Redevelopment; thence South 87 23'44" East along said north line, a
distance of 249.97 feet to the northeast corner thereof, being also a
point on the west right of way line of said McGee Street; thence South 87
28'36" East, 60 feet to the northwest corner of Lot 7, Block 1 of
said New Southmoreland, being also a point on the east right of way line
of said McGee Street; thence South 87 22'17" East along the north line of
said Lot 7, a distance of 120.04 feet to a point 30 feet west of the
northeast corner thereof; thence South 2 30'12" West, 30 feet west of
and parallel with the east line of Lots 7 through 10, inclusive, of said
Block 1, a distance of 199.99 feet to a point on the south line of said
Lot 10; thence South 87 23'46" East along said south line, 30 feet to
the southeast corner thereof, thence South 2 30'12" West along the
east line of Lots 11 and 12 of said Block 1, a distance of 99.98 feet to
the southeast corner of said Lot 12; thence South 87 23'50" East
along the north line of Lot 18 of said Block 1, a distance of 150.12 feet
to the point of beginning. Containing 11.806 acres, more or less.
for the purpose of deleting therefrom a tract of land of
approximately 1.07 acres so that the remaining parcel is more specifically
described as follows:
All of Brush Creek Redevelopment, a subdivision,
according to the recorded plat thereof, together with all of Lots 14
through 18, inclusive, Block 1, and all of Lots 1 and 2 and that part of
Lots 3, 4, 7, 8 and 9, Block 4, and all of Lots 1 through 4, inclusive,
and Lots 9 through 12, inclusive, together with that part of Lots 5 and 8,
Block 5 with Blocks 1, 4 and 5 being part of New Southmoreland, a
subdivision, according to the recorded plat thereof, together with that
part of McGee Street from the north line of Lot 7 of said Block 1, to the
northerly line of Brush Creek Parkway, as now established, and that part
of 48th Street from the west line of Oak Street to the east line of Grand
Avenue and the east half of Grand Avenue all in Kansas City, Jackson
County, Missouri, being more particularly described as follows:
Beginning at the northeast corner of Lot 18, Block 1
of said New Southmoreland; thence South 2 29'20" West along the east
line of said Lot 18 and along the east line of said Lots 17 and 16 and its
southerly prolongation and along the east line of Lots 1 through 4,
inclusive, Block 5 of said New Southmoreland and along the west right of
way line of Oak Street, as now established, a distance of 411.40 feet to
the southeast corner of Lot 4 of said Block 5, and a jog in said west
right of way line; thence North 87 11'30" West along said jog and
along the south line of said Lot 4, a distance of 5 feet; thence South 2
29'20" West along said west right of way line, a distance of 43.01
feet to a point on the northerly line of said Brush Creek Parkway, as now
established; thence the following courses and distances along said
northerly line; thence North 87 11'30" West, 79.87 feet; thence North
82 29'02" West, 216.42 feet; thence North 57 02'50" West, 69.59
feet; thence North 87 14'17" West, 75 feet; thence North 54
13'26" West, 268.48 feet to a point on the west line of Lot 9, Block
4 of said New Southmoreland; thence North 2 28'33" along said northerly
line and along the west line of said Lot 9, a distance of 43.52 feet to
the northwest corner thereof, being also a point on the south right of way
line of said 48th Street; thence North 42 25'41" West along the
northerly line of said Brush Creek Parkway, a distance of 42.51 feet to a
point of intersection with the west line of the east half of said Grand
Avenue; thence North 2 27'42" East along said west line, a distance
of 179.73 feet to a point on the south line of Lot 5 of said Brush Creek
Redevelopment; thence North 87 23'40" West along said south line, a
distance of 86.09 feet to an angle point in the southwesterly line of said
Lot 5, being also a point on the northeasterly line of Mill Creek Parkway,
as now established; thence North 22 08'04" West along said southwesterly
line and along said northeasterly line, a distance of 80.25 feet; thence
South 87 23'40" East, 198.39 feet; thence North 2 36'20" East,
227.06 feet to point on the north line of Lot 4 of said Brush Creek
Redevelopment; thence South 87 23'44" East along said north line, a
distance of 249.97 feet to the northeast corner thereof, being also a
point on the west right of way line of said McGee Street; thence South 87
28'36" East, 60 feet to the northwest corner of Lot 7, Block 1 of
said New Southmoreland, being also a point on the east right of way line
of said McGee Street; thence South 2 31'04" West along the east right of
way line of said McGee Street and along the west line of Lots 7 through
13, inclusive, of said Block 1, a distance of 350.08 feet to the southwest
corner of said Lot 13; thence South 87 25'23" East along south line
of said Lot 13, a distance of 150.13 feet to the southeast corner thereof;
thence North 2 30'12" East along the west line of Lot 18 of said
Block 1, a distance of 50.13 feet to the northwest corner of said Lot 18;
thence South 87 23'50" East along the north line of said Lot 18, a
distance of 150.12 feet to the point of beginning. Containing 10.737 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, as amended,
commonly known as the Subdivision Regulations.
2. That the developer submit a storm drainage
study to the City Engineer's Office for approval when the first plat
is submitted and that the developer make any necessary
improvements as required by the City Engineer's
Office.
3. That the developer submit plans for grading and
siltation and erosion control to the City Engineer's Office for
approval prior to beginning any construction activities.
4. That the developer secure a land disturbance
permit from the Missouri Department of Natural Resources.
5. That the developer obtain a floodplain
certificate prior to any work within the floodplain.
6. That the developer petition for the vacation of
48th Street, McGee Street and Grand Avenue as required by the
Department of Public Works.
7. That the developer improve the west side of Oak
Street as required by the Department of Public Works by constructing
one 12 foot lane plus curb cut and
gutters so as to provide a left turn lane to
the entrance to the development.
8. That the developer provide fire protection as
required by the Fire Department.
9. That the developer install, loop, remove and/or
relocate water mains and fire hydrants as required by the Water
Services Department.
10. That the developer provide sanitary sewers as
required by the Department of Public Works.
11. That the developer contribute to the Plaza
Environs Corridor Study Improvement Fund based upon a rate of $225.00
per housing unit.
12. That the developer contribute $40,221.70 in
lieu of parkland dedication for 400 units in satisfaction of Section
66-128 of the Subdivision Regulations.
13. That the developer submit a site plan to the
Director of the Department of City Development prior to the issuance
of a building permit. The site plan information
shall include: development plan information,
property uses, setback distances, lighting,
landscaping, signage and architectural
characteristics.
A copy of said amendment is on file in the office of the
City Clerk under Document No. 970209, 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.
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Secretary, City Plan
Commission
Approved as to form and
legality:
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Assistant City Attorney