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Legislation #: 050078 Introduction Date: 1/20/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning approximately 63 acres generally bounded by I-70 on the north, Blue Ridge Boulevard on the east, 43rd Street on the south and 750 feet west of Sterling Avenue on the west from Districts C-3a2 and C-3a2-p to District URD, and approving a development plan for the same. (12884-URD-1)

Legislation History
DateMinutesDescription
1/20/2005 Filed by the Clerk's office
1/20/2005 Referred to Planning, Zoning & Economic Development Committee
2/23/2005 Advance and Do Pass, Debate
2/24/2005 Councilmember Nace Move to Amend
2/24/2005 Passed as Amended

View Attachments
FileTypeSizeDescription
050078.pdf Authenticated 431K Authenticated
C012884URD1_FactSheet_11_23_04.doc Fact Sheet 97K Fact Sheet
C012884URD1_STAFFRPT_10_19_04.doc Staff Report 103K Staff Report

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ORDINANCE NO. 050078

 

Rezoning approximately 63 acres generally bounded by I-70 on the north, Blue Ridge Boulevard on the east, 43rd Street on the south and 750 feet west of Sterling Avenue on the west from Districts C-3a2 and C-3a2-p to District URD, and approving a development plan for the same. (12884-URD-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0559, rezoning an area of approximately 63 acres generally bounded by I-70 on the north, Blue Ridge Boulevard on the east, 43rd Street on the south and 750 feet west of Sterling Avenue on the west from Districts C-3a2 (Intermediate Business, High Buildings) and C-3a2-p (Intermediate Business, High Buildings Limited District) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0559. That an area legally described as:

 

All that part of Lot 1, STERLING SQUARE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, and

 

All that part of Lots 6, 7, 8, 9, 14 and 15, OTTS PLAT, a subdivision of land in the Cities of Kansas City and Independence, all in Jackson County, Missouri, according to the recorded plat thereof, together with a portion of the Southwest Quarter of the Southeast Quarter of Section 21, Township 49, Range 32, the parcel of land to be herein described lies wholly within said city of Kansas City, being more particularly described as follows:

 

Beginning at the point of intersection of the Westerly right-of-way line of Sterling Avenue with the Northerly right-of-way line of 43rd Street, as said Avenue and Street are now both established; thence North 90 degrees 00 minutes 00 seconds West along the Northerly right-of-way line of said 43rd Street, along a line 20 feet North of and parallel with the Southerly line of said Quarter, Quarter Section, a distance of 738.93 feet to a point of intersection with the Southerly extension of the Easterly line of STERLING SQUARE, a subdivision of land in said City, County and State, according to the recorded plat thereof; thence North 1 degree 22 minutes 56 seconds West (N.1 degree 58 minutes 51 seconds E., Plat) along the Easterly line of said STERLING SQUARE and its Southerly extension, said line being parallel with the Westerly line of said Quarter, Quarter Section, a distance of 914.11 feet to a point on the Southerly right-of-way line of U.S. Interstate Highway Route No. 70, as now established; thence Southeasterly and Easterly along said Southerly right-of-way line, the following courses and distances; thence South 58 degrees 15 minutes 23 seconds East, 504.80 feet, more or less to a point 500 feet South of the survey centerline of said U.S. Interstate Highway Route No. 70 at Station 448+36.97; thence South 74 degrees 49 minutes 14 seconds East, 167.61 feet, more or less to a point 545 feet South of said survey centerline at Station 449+98.43; thence North 89 degrees 36 minutes 21 seconds East, 137.22 feet, more or less to a point 545 feet South of said survey centerline at Station 451+35.85; thence South 43 degrees 07 minutes 39 seconds East, 27.23 feet, more or less to a point on the Westerly right-of-way line of said Sterling Avenue, said point being 50 feet West of the Easterly line of said Quarter, Quarter Section, as measured perpendicular thereto; thence North 1 degree 22 minutes 43 seconds West along the Northerly Extension of the Westerly right-of-way line of said Sterling Avenue, along a line 50 feet West of and parallel with the Easterly line of said Quarter, Quarter Section, a distance of 438.30 feet, more or less to a point on the Westerly extension of the Southerly right-of-way line of U.S. Interstate Highway Route No. 70, as now established; thence North 88 degrees 42 minutes 04 seconds East along the Westerly extension of said Southerly right-of-way line, a distance of 100 feet, more or less to the point of intersection of the Easterly right-of-way line of Sterling Avenue, said point being 50 feet East of the Westerly line of the Southeast Quarter of the Southeast Quarter of said Section 21, Township 49, Range 32; thence continuing North 88 degrees 42 minutes 04 seconds East along the Southerly right-of-way line of said U.S. Interstate Highway Route No. 70, a distance of 829.69 feet more or less to a point 112.09 feet South of the survey centerline of said U.S. Interstate Highway Route No. 70 at Station 460+76.17; thence South 82 degrees 11 minutes 30 seconds East along the Southerly right-of-way line of said U.S. Interstate Highway Route No. 70, a distance of 127.63 feet, more or less to a point of intersection with the Northeasterly city limits line said Kansas City, being also the Southwesterly city limits line of said Independence, said city limits line being established 300 feet Southwesterly of and concentric with the survey centerline of U.S. Highway Route No. 40, as now established; thence Southeasterly along the city limits line between said Kansas City and said Independence the following courses and distances; thence Southeasterly along a curve to the left, having an initial tangent bearing of South 54 degrees 12 minutes 17 East, a radius of 4,119.72 and a central angle of 15 degrees 59 minutes 50 seconds, an arc length of 1,150.23 feet; thence South 70 degrees 12 minutes 07 seconds East, tangent to the last described curve, a distance of 495.35 feet, more or less to a point on the Southwesterly right-of-way line of Blue Ridge Spur as now established 40 feet Southwesterly of the survey centerline of said Blue Ridge Spur; thence Southeasterly along the Southwesterly right-of-way line of said Blue Ridge Spur, along a curve to the right, having an initial tangent bearing of South 25 degrees 43 minutes 27 seconds East, a radius of 915.37 feet and a central angle of 0 degrees 10 minutes 22 seconds, an arc length of 2.76 feet more or less to a point on the Northerly line of the CORRECTED PLAT OF VINEYARD HEIGHTS, a subdivision in said Kansas City, County and State, according to the recorded plat thereof; thence South 89 degrees 21 minutes 44 seconds West along the Northerly line of said CORRECTED PLAT OF VINEYARD HEIGHTS, a distance of 684.80 feet to the Northwest corner thereof; thence South 0 degrees 38 minutes 16 seconds East along the Westerly line of said plat, perpendicular to the last described course, a distance of 309.80 feet to the Southwest corner of said plat, being also a point on the Northerly right of way line of said 43rd Street, said point being 20 feet North of the Southerly line of the Southwest Quarter of Section 22, Township 49, Range 32 as measured perpendicular thereto; thence Westerly along the Northerly right-of-way line of said 43rd Street, the following courses and distances; thence South 89 degrees 21 minutes 44 seconds West, along a line 20 feet North of and parallel with the Southerly line of said Southwest Quarter, a distance of 460.35 feet to a point on the Westerly line of said Southwest Quarter, being also a point on the Easterly line of the Southeast Quarter of Section 21 Township 49, Range 32; thence North 89 degrees 59 minutes 45 seconds West, along a line 20 feet North of and parallel with the Southerly line of said Southeast Quarter, a distance of 536.08 feet; thence North 80 degrees 56 minutes 24 seconds West, 127.07 feet to a point 40 feet North of the Southerly line of said Southeast Quarter; thence North 89 degrees 59 minutes 45 seconds West, along a line 40 feet North of and parallel with the Southerly line of said Southeast Quarter, a distance of 609.99 feet to the point of intersection with the Easterly right-of-way line of Sterling Avenue, said point being 50 feet East of the Westerly line of the Southeast Quarter of the Southeast Quarter of said Section 21, Township 49, Range 32; thence South 88 degrees 37 minutes 17 seconds West along a line drawn perpendicular to the Westerly line of said Quarter, Quarter Section, a distance of 100 feet to a point on the Westerly right-of-way line of Sterling Avenue, said point being 50 feet West of the Easterly line of the Southwest Quarter of the Southeast Quarter of said Section 21, Township 49, Range 32; thence South 1 degree 22 minutes 43 seconds East along the Westerly right-of-way line of said Sterling Avenue, along a line 50 feet West of and parallel with the Easterly line of said Quarter, Quarter Section, a distance of 17.59 feet to the Point of Beginning. Containing 62.731 acres, more or less.

 

is hereby rezoned from Districts C-3a2 (Intermediate Business, High Buildings) and C-3a2-p (Intermediate Business, High Buildings Limited District) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0559, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and as an amendment to Section 80-11 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1. That the developer shall 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 the City Engineer's Office for approval 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 the City Engineer's Office.

 

3. That the developer dedicate additional right of way for a collector street as required by the Department of Public Works so as to provide a minimum of 30 feet of right of way as measured from the centerline of 43rd Street.

 

4. That the developer improve the northern one-half of 43rd Street to collector street standards as required by the Department of Public Works, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

5. That the developer dedicate additional right of way for a secondary arterial as required by the Department of Public Works so as to provide a minimum of 40 feet of right of way as measured from the centerline of Sterling Ave.

 

6. That the developer construct all proposed driveways so as to meet the intersection sight distance requirements of AASHTO standards. Driveway throat lengths at all proposed drive entrances accessing City maintained streets shall be a minimum of 75 feet (curb to curb) as required by the Department of Public Works.

 

7. That the developer modify the eastbound left-turn lane on 43rd Street at Blue Ridge Boulevard so as to provide for a minimum of 150 feet of storage plus appropriate taper as required by the Department of Public Works.

 

8. That the developer provide a minimum of 12 feet of additional right of way to allow for the eastbound left-turn lane on 43rd Street at Blue Ridge Boulevard as required by the Department of Public Works.

 

9. That the developer modify the eastbound left-turn lane on 43rd Street at Sterling Avenue so as to provide for a minimum of 150 feet of storage plus appropriate taper as required by the Department of Public Works.

 

10. That the developer provide a minimum of 12 feet of additional right of way to allow for the eastbound left-turn lane on 43rd Street at Sterling Avenue as required by the Department of Public Works.

 

11. That the developer construct a westbound right-turn lane on 43rd Street at the entrance drive located west of Sterling Avenue between Buildings A and B, Lot 12, as shown on the development plan, with said lane to provide for a minimum of 150 feet of vehicular storage plus appropriate taper as required by the Department of Public Works.

 

12. That the developer provide a minimum of 12 feet of additional right of way to allow for the westbound right-turn lane on 43rd Street at the entrance drive west of Sterling Avenue between Buildings A and B, Lot 12, as shown on the development plan.

 

13. That the developer construct a westbound right-turn lane on 43rd Street at the entrance drive located east of Sterling Avenue between Building A and Wal Mart as shown on the development plan, with said lane to provide for a minimum of 150 feet of vehicular storage plus appropriate taper as required by the Department of Public Works.

 

14. That the developer provide a minimum of 12 feet of additional right of way to allow for the westbound right-turn lane on 43rd Street at the entrance drive located east of Sterling Avenue between Building A and Wal-Mart as shown on the development plan as required by the Department of Public Works.

15. That the developer modify the southbound left-turn lane on Sterling Avenue at 43rd Street so as to provide for a minimum of 200 feet of vehicular storage plus appropriate taper as required by the Department of Public Works.

 

16. That the developer provide a minimum of 12 feet of additional right of way on Sterling Avenue to allow for the modification of the southbound left-turn lane on Sterling Avenue at 43rd Street which is to provide for a minimum of 200 feet of vehicular storage plus appropriate taper as required by the Department of Public Works.

 

17. That the developer reconstruct the median on Sterling Avenue at the west mall drive so as to remove the existing southbound left-turn lane as required by the Department of Public Works.

 

18.              That the developer construct a median at the intersection of the Blue Ridge Spur and Blue Ridge Boulevard so as to prohibit left turning movements from Blue Ridge Spur as required by the Department of Public Works.

 

19. That the developer limit the total square footage of construction on Lots 6 through 12 on the portion of the plan located west of Sterling Avenue to a point where the corresponding vehicular trip generation, does not exceed 50 PM Peak Hour Trips, without an additional approved traffic study.

 

20. That the developer upgrade the post-mounted signals at 43rd Street and Sterling Avenue to mast-mounted signals as required by the Department of Public Works.

 

21. That the developer shall subordinate to the City all private interest in the area of any right-of-way dedication as required by the Department of Public Works, and that the developer shall be responsible for all costs associated with subordination activities.

 

22.. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by the Department of Public Works, prior to recording the plat.

 

23. That any relocated streetlights be integrated into existing street light system as required by the City Engineers Office.

 

24. 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.

 

25. That the developer submit plans for grading, siltation, and erosion control to the City Engineer's Office for approval and permitting prior to beginning any construction activities.

 

26. That the developer secure a site 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.

 

27. That the developer extend and or relocate sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

 

28. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the Department of Public Works.

 

29. That the developer extend water mains as required by the Water Services Department.

 

30. 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.

 

31. That the developer shall provide parking in compliance with Chapters 52 and 80, Code of Ordinances.

 

32. That the developer provide for fire protection as required by the Fire Department.

 

33. That the developer include with the final plat cross access easements.

 

34. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding: property uses, setback distances, lighting (photometrics plan), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of buildings and signage.

 

A copy of the development plan is on file in the office of the City Clerk with this ordinance, which is attached hereto and made a part hereof.

 

Section C. 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