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Legislation #: 110925 Introduction Date: 12/1/2011
Type: Ordinance Effective Date: 1/22/2012
Sponsor: None
Title: Approving an amendment to a previously approved preliminary plan in District UR on an approximately 251 acre tract of land generally bounded by the south side of Interstate 29 on the north, the Clay/Platte County Line on the west, the Missouri River on the south, and a line located east of N. Jarboe Court on the east. (10579-UR-13)

Legislation History
DateMinutesDescription
11/30/2011 Filed by the Clerk's office
12/1/2011 Referred to Planning, Zoning & Economic Development Committee
1/4/2012 Do Pass
1/5/2012 Assigned to Third Read Calendar
1/12/2012 Passed

View Attachments
FileTypeSizeDescription
110925.tiff Authenticated 344K AUTHENTICATED
Maps 0K plan map is on file in the city clerk's office
110925 mailing info and aff of pub.pdf Other 1144K mailing info and aff of pub
CO10579UR13_STAFFRPT09_20_11_.pdf Staff Report 136K Staff Report
CO10579UR13_Ord_Fact_Sheet_11-18-11.docx Fact Sheet 615K Fact Sheet

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ORDINANCE NO. 110925

 

Approving an amendment to a previously approved preliminary plan in District UR on an approximately 251 acre tract of land generally bounded by the south side of Interstate 29 on the north, the Clay/Platte County Line on the west, the Missouri River on the south, and a line located east of N. Jarboe Court on the east. (10579-UR-13)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District UR on an approximately 251 acre tract of land generally bounded by the south side of Interstate 29 on the north, the Clay/Platte County Line on the west, the Missouri River on the south, and a line located east of N. Jarboe Court on the east, and more specifically described as follows:

 

A tract of land in Fractional Section 10 Township 50 Range 33, Fractional Section 3 Township 50 Range 33, and Fractional Section 34 Township 51 Range 33, Kansas City, Clay County, Missouri described as follows: Beginning at the SW corner of the Fractional SW 1/4 said Section 34; thence North 00 degrees 27 minutes 28 seconds East along the West line of said Fractional SW 1/4, 114.29 feet to the southerly right-of-way of Vivion Road; thence North 67 degrees 44 minutes 14 seconds East, along said line, 50.00 feet from and parallel with the centerline thereof, 122.55 feet; thence North 22 degrees 15 minutes 46 seconds West, continuing along said line 10.00 feet; thence North 67 degrees 44 minutes 14 seconds East continuing along said line, 40.00 feet from and parallel with the centerline thereof, 758.00 feet; thence northeasterly, continuing along said line, along a curve to the right having a radius of 1001.74 feet and tangent to the last described course, an arc distance of 376.95 feet; thence South 00 degrees 42 minutes 10 seconds East, continuing along said line, 15.00 feet; thence southeasterly continuing along said line, 55.00 feet from and parallel with centerline thereof, along a curve to the right having a radius of 986.74 feet and an initial tangent bearing of North 89 degrees 17 minutes 50 seconds East, an arc distance of 141.40 feet; thence southeasterly, continuing along said line, along a curve to the right having a radius of 826.47 feet and tangent to the last described curve, an arc distance of 489.24 feet; thence South 45 degrees 53 minutes 02 seconds East, continuing along said line 104.49 feet to the westerly right-of-way of U.S. Highway No. 169; thence South 06 degrees 56 minutes 18 seconds West, along said line, 661.16 feet to a point 220.00 feet from and opposite station 481+00; thence South 03 degrees 04 minutes 28 seconds West, continuing along said line, 911.47 feet to a point on the south line of the N 1/2 of the NE 1/4 of said Section 3, said point being 134.19 feet from and opposite station489+87.38; thence North 89 degrees 22 minutes 23 seconds West, along said line, 9.95 feet to the NE corner, S 1/2, Fractional NW 1/4 said Section 3; thence South 00 degrees 34 minutes 11 seconds West, along the east line of the Fractional NW 1/4 of said Section 3, 1313.65 feet to the NW corner of the SE 1/4 said Section 3; thence South 89 degrees 15 minutes 44 seconds East, along the north line of the SE 1/4 said Section 3, 657.18 feet to the NE corner, W 1/2, W 1/2, SE 1/4 of said Section 3; thence South 00 degrees 19 minutes 50 seconds West, along the east line of the W 1/2, W 1/2, SE 1/4 of said Section 3, 1115.75 feet; thence North 89 degrees 10 minutes 13 seconds West, 228.16 feet; thence South 00 degrees 30 minutes 12 seconds West, 20.00 feet; thence South 08 degrees 12 minutes 27 seconds East, 180.23 feet to the south line of the N 1/2, SE 1/4 of said Section 3; thence South 89 degrees 10 minutes 35 seconds East, along said line, 201.46 feet to the NE corner, W 1/2, W 1/2, S 1/2, SE 1/4 of said Section 3; thence South 00 degrees 19 minutes 50 seconds West along the east line of the W 1/2, W 1/2, SE 1/4 of said Section 3, 468.94 feet; thence South 89 degrees 57 minutes 50 seconds West, 108.25 feet to the easterly right-of-way line of U.S. Highway No. 169; thence South 32 degrees 14 minutes 08 seconds East, along said line, 46.79 feet to a point 435.00 feet from and opposite station 521+50; thence South 26 degrees 15 minutes 27 seconds West, continuing along said line, 111.54 feet to a point 375.00 feet from and opposite station 522+75; thence South 10 degrees 43 minutes 20 seconds East, continuing along said line 100.19 feet to a point 375.00 from and opposite station 524+05; thence South 30 degrees 17 minutes 45 seconds West, continuing along said line, 206.99 feet to a point 255.00 feet from and opposite station 525+80; thence South 07 degrees 26 minutes 43 seconds East, continuing along said line, 287.75 feet to a point 140.00 feet from and opposite station 528+90; thence southeasterly, continuing along said line, 140.00 feet from and parallel with the centerline thereof, along a curve to the left having a radius of 1497.04 feet and an initial tangent bearing of South 29 degrees 58 minutes 19 seconds East, an arc distance of 340.65 feet to a point 140.00 feet from and opposite c.s. station 532+62.5; thence South 46 degrees 59 minutes 26 seconds West, 285.00 feet to a point on the southwesterly right-of-way line of said U.S. Highway No. 169, said point being 145.00 feet from and opposite c.s. station 532+62.5; thence 46 degrees 49 minutes 15 seconds East, along said line, 691.85 feet to a point 135.00 feet from and opposite c.s. station 539+50.9; thence South 31 degrees 40 minutes 25 seconds East, continuing along said line, 408.11 feet to a point 160.00 feet from and opposite station 544+00; thence South 17 degrees 00 minutes 38 seconds East, continuing along said line, 423.12 feet to a point 175.00 feet from and opposite station 548+72.7; thence South 12 degrees 37 minutes 04 seconds West, continuing along said line, 138.67 feet to a point 230.00 feet from and opposite station 550+00; thence South 39 degrees 46 minutes 20 seconds West, continuing along said line, 51.51 feet to the northeasterly right-of-way line of Missouri Highway No. 9; thence North 53 degrees 46 minutes 06 seconds West, along said line, 95.00 feet from and parallel with the centerline thereof, 1564.77 feet to the east line, Fractional NW 1/4 of said Section 10; thence South 00 degrees 20 minutes 42 seconds East, along said line, 986.70 feet to the SE corner of Willson Ritchey, a subdivision in said Kansas City, said corner being on the centerline of a slough creek described by Clay County Circuit Court, cause no. 30586 recorded in Book 881 at page 192 in the Clay County Recorder’s office; thence South 86 degrees 23 minutes 08 seconds West, along said slough creek centerline, 297.27 feet; thence South 86 degrees 22 minutes 56 seconds West, continuing along said line 45.13 feet; thence South 86 degrees 57 minutes 12 seconds West, continuing along said centerline, 260.56 feet’ thence South 86 degrees 54 minutes 05 seconds West, continuing along said line, 45.09 feet; thence South 86 degrees 51 minutes 56 seconds West, continuing along said line, 260.59 feet; thence South 86 degrees 44 minutes 57 seconds West, continuing along said line, 301.52 feet; thence South 62 degrees 21 minutes 36 seconds West, continuing along said line, 118.50 feet; thence South 00 degrees 49 minutes 11 seconds West, parallel with the west line of Fractional NW 1/4 of said Section 10, a distance of 346.25 feet to a point on the northerly right-of-way line of Chicago, Burlington, and Quincy Railroad Company; thence North 65 degrees 36 minutes 02 seconds West, along said line, 493.60 feet to a point on the West line of Fractional NW 1/4 of said Section 10; thence North 00 degrees 49 minutes 11 seconds East, along said line, 2095.19 feet to the SW corner of the Fractional SW 1/4, said Section 3, thence North 00 degrees 52 minutes 54 seconds East, along the west line of the Fractional SW 1/4 of said Section 3, 2615.53 to SW corner of the Fractional NW 1/4 of said Section 3; thence North 00 degrees 42 minutes 19 seconds East, along the west line of the Fractional NW 1/4 of said Section 3, 2623.59 feet to the point of beginning, subject to that part now being used for public road right-of-way; and

 

All that part of the Fractional SW 1/4, Section 34, Township 51, Range 33, Clay County, Kansas City, Missouri, being described as follows; Beginning at the intersection of the east line of said Fractional SW 1/4 with the northerly right of way line of Vivion Road (U.S. Highway No. 69), said intersection being North 00 degrees 51 minutes 29 seconds East, along said east line, 493.04 feet from the southeast corner of said Fractional SW 1/4 ; thence northwesterly, along said northerly right of way line on a curve to the left having a radius of 1,081.74 feet and an initial tangent bearing of North 60 degrees 59 minutes 41 seconds West, an arc distance of 275.33 feet; thence North 14 degrees 25 minutes 20 seconds East, continuing along said line, 10.00 feet; thence westerly continuing along said line, 50.00 feet northerly of and parallel with the centerline thereof, on a curve to the left having a radius of 1,091.74 feet and an initial tangent bearing of North 75 degrees 34 minutes 40 seconds West, an arc distance of 288.20 feet; thence South 00 degrees 42 minutes 10 seconds East, continuing on said line, 10.00 feet; thence westerly, continuing along said line 40.00 feet northerly of an parallel with the centerline thereof, on a curve to the left having a radius of 1,081.74 feet and an initial tangent bearing of South 89 degrees 17 minutes 50 seconds West, an arc distance of 68.97 feet; thence North 00 degrees 51 minutes 29 seconds East, 608.60 feet west of and parallel with the east line of said Fractional SW 1/4, 540.21 feet; thence South 89 degrees 26 minutes 07 seconds East, along a line, 1,159.80 feet north of and parallel with the south line of said Fractional SW 1/4, 246.96 feet to the southwesterly right of way line of Interstate No. 29; thence South 50 degrees 29 minutes 28 seconds East, along said line, 275.49 feet to a point 174.38 feet (Deed=175.00 feet) from and opposite southbound Centerline Station 988+80; thence South 44 degrees 52 minutes 46 seconds East, continuing along said line, 204.56 feet to a point on the east line of said Fractional SW 1/4, said point being 222.00 feet from and opposite southbound Centerline Station 990+78.94 (Deed=990+73); thence South 00 degrees 51 minutes 29 seconds West, along said east line, 250.09 feet to the point of beginning. Containing 290,983 square feet, or 6.6801 acres.

 

is hereby approved, subject to the following conditions:

 

1.                  That the revised site plan show (a) the location of the roundabouts and (b) “UR” rather than “URD.”

 

2.                  That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Zoning and Development Code. (Note - this UR plan does not suffice for the preliminary plat.)

 

3.                  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 clearance of the final plat and make necessary improvements as required by Development Services.

 

4.                  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 now and in the future.

 

5.                  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 recording the plat.

 

6.                  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.

 

7.                  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.

 

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

 

9.                  That the developer comply with the Kansas City Downtown Airport Height Zoning restrictions and that such restrictions be included on the final plat.

 

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

 

11.              That the developer extend sanitary sewers as required by Development Services.

 

12.              That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

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

 

14.              That the developer record a full disclosure statement concerning reclamation of the underground areas as required by the Development Services.

 

15.              That the developer retain a consultant, expert in mining, to certify subsurface conditions prior to any surface construction and that the City concur in the selection of such consultant as required by Development Services and that the developer submit annual reports to Development Services.

 

16.              That the developer restrict any underground storage to prohibit toxic or hazardous materials as required by Development Services.

 

17.              That the developer design the entrance and streets in the subsurface area to accommodate firefighting equipment as required by the Fire Department.

 

18.              That the developer provide cross-access easements for each final plat as required by Development Services.

 

19.              That for each project or phase of the development plan, the developer submit a site plan to the Director of the Department of City Development for administrative approval prior to issuance of a building permit. The site plans shall include development plan information; property uses; setback distances; lighting; landscaping, with adequate area for planting of trees and shrubs within the parking lots; streetscaping, in conformance with streetscapes in the area; signage (including elevations); and architectural characteristics.

 

20.              That the developer amend any previous development agreements to reflect current conditions and the revisions of this development plan amendment.

 

21.              That prior to requesting or obtaining any building permit for the proposed residential or office development within Area L, the developer update the overall traffic impact study for the development and obtain the approval of the updated traffic impact study from the Public Works Department.

 

22.              That prior to requesting or obtaining any building permit for the proposed residential or office development within Area L, the developer construct all improvements identified in said approved updated traffic impact study, as required by Development Services and the Parks and Recreation Department.

 

23.              That the selection of which of the said alternatives is required to be constructed shall be at the discretion of the Public Works Department and the Parks and Recreation Department based on the approved updated traffic impact study.

 

24.              That the developer provide either 45.29 acres of private open space or contribute $754,115.84 (or some combination thereof, to be determined prior to request for ordinance) in-lieu-of parkland dedication for 3774 additional multi-family units (3774 units x 2.0 persons per household x 0.006 acre per person x $16,651.56 in satisfaction of Section 66-128 of the Subdivision Regulations at a rate of $16,651.56 per acre (2008 rate, based upon average cost per acre of parkland for five years preceding.)

 


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 and Development Code have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, 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