COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 960156
Amending Chapter 65, Revised Ordinances of Kansas City,
Missouri, 1956, commonly known as the Zoning Ordinance, by adding a new section
to be known as Section 65.010A2628, rezoning an area of approximately 1,223
acres generally bounded by N.W. 108th Street on the north, Green Hills Road on
the east, Tiffany Springs Road on the south and N.W. Skyview Avenue on the west
from Districts GP-3 (Regional Business), GP-6 (Low Density Residential Uses)
and GP-7 (Agricultural and Low Density Residential Uses) to District GP-6 (Low
Density Residential Uses), and approving a development plan for the same.
(10647-GP-2)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 65, Revised Ordinances of
Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, is hereby
amended by enacting a new section to be known as Section 65.010A2628, rezoning
an area of approximately 1,223 acres generally bounded by N.W. 108th Street on
the north, Green Hills Road on the east, Tiffany Springs Road on the south and
N.W. Skyview Avenue on the west from Districts GP-3 (Regional Business), GP-6
(Low Density Residential Uses) and GP-7 (Agricultural and Low Density
Residential Uses) to District GP-6 (Low Density Residential Uses), said section
to read as follows:
Section 65.010A2628. That an area legally described
as:
All of the NW 1/4 of Section 5, T51N, R33W of the
5th P.M., Kansas City, Platte County, Missouri, except the south 600.60
feet thereof, together with all of the SW 1/4 of Section 32, T52N, R33W of
the 5th P.M., Kansas City, Platte County, Missouri, except the north
279.08 feet of the east 468.33 feet, together with the West 1/2 of the
north 116 3/4 acres of the SE 1/4 of said Section 32, together with all of
the NW 1/4 of said Section 32 except the south 254.35 feet more or less of the
east 470.65 feet more or less, together with all of the SE 1/4 of Section
31, T52N, R33W of the 5th P.M., Kansas City, Platte County,. Missouri,
except Thornhill, a subdivision of land in Kansas City, Platte County,
Missouri, and except a tract of land in said SE 1/4 described as follows:
Beginning at the northeast corner of Lot 46, Thornhill, thence North 13
30'00" East on the northerly prolongation of the east line of said
Lot 46, 116.16 feet; thence North 67 36'14" West, 305.66 feet to the
northerly most corner of Lot 50, Thornhill, being a point on the west line
of said SE 1/4; thence South 0 39'49" West on the east line of said
Lot 50, 230.00 feet to the northwest corner of said Lot 46; thence North
89 52'21" East, on the north line of said Lot 46, 258.15 feet to the
point of beginning. Together with part of the NE 1/4 of said Section 31
except Stagecoach Subdivision, a subdivision of land in Kansas City,
Platte County, Missouri, and except a tract of land 60 feet in width lying
northwesterly from N.W. Old Stagecoach Road and southeasterly from and
adjacent to said Stagecoach Subdivision, together with part of the NW 1/4
of said Section 31 lying east of the east right of way line of N.W.
Skyview Avenue (formerly Missouri Route SW) as recorded in Book 136, page
543, together with part of the SW 1/4 of said Section 31, lying east of
the east right of way line of said N.W. Skyview Avenue and lying north of
the north right of way line of Tiffany Springs Parkway as dedicated by
Document No. 026148, Book 683, page 747 and except said Thornhill
Subdivision, together with part of the South 1/2 of Section 30, T52N, R33W of
the 5th P.M., Kansas City, Platte County, Missouri, lying east of the east
right of way line of said N.W. Skyview Avenue together with all of the SW
1/4 of Section 29, T52N, R33W of the 5th P.M., Kansas City, Platte County,
Missouri. The surveyed tract is all more particularly described as
follows: Beginning at the northwest corner of the SW 1/4 of said Section 29;
thence South 89 50'42" East (all bearings hereafter are referenced to
the Missouri State Plane Coordinate System, West Zone) on the north line
of said SW 1/4, 2611.12 feet to the northeast corner of said SW 1/4;
thence South 0 29'49" West on the east line of said SW 1/4, 2639.22
feet to the northeast corner of the NW 1/4 of said Section 32; thence
South 0 23'52" West on the east line of said NW 1/4, 2386.95 feet
more or less to a point on the north line of the tract described in
Warranty Deed Document No. 56021 in Book 605, page 650; thence westerly on
said north line, 470.65 feet more or less to the northwest corner of said
tract; thence southerly on the west line of said tract, 254.35 feet more or
less to a point on the north line of the SW 1/4 of said Section 32; thence
South 89 47'42" East on said north line, 3.41 feet more or less to a
point 468.33 feet (468.33 feet deed) west of the northeast corner of said
SW 1/4; thence South 0 40'24" West on a line parallel with the east
line of said SW 1/4, 279.08 feet (279.08 feet deed); thence South 89
47'42" East on a line parallel with the north line of said SW 1/4,
468.33 feet (468.33 feet deed) to a point on the east line of said SW 1/4;
thence North 0 40'24" East on said east line 279.08 feet (279.08 feet
deed) to the northwest corner of the SE 1/4 of said Section 32; thence
North 89 53'23" East on the north line of said SE 1/4, 1312.24 feet
to the northeast corner of the West 1/2 of the north 116 3/4 acres of said
SE 1/4; thence South 0 36'16" West on the east line of said West 1/2,
1907.05 feet (117.75 rods deed) to the southeast corner of said West 1/2;
thence South 89 57'35" West on the south line of said West 1/2,
1314.52 feet to a point on the east line of the SW 1/4 of said Section 32;
thence South 0 40'24" West on said east line, 716.46 feet (716.60
feet deed) to the southeast corner of said SW 1/4 being also the township
line dividing said T51N and T52N; thence South 89 58'08" West on the
south line of said SW 1/4, 35.86 feet to the northeast corner of the NW 1/4
of said Section 5; thence South 0 24'26" West on the east line of
said NW 1/4, 1832.72 feet to a point 600.60 feet (9.10 chains deed) north
of the southeast corner of said NW 1/4 as measured on said east line;
thence North 88 12'57" West on a line parallel with the south line of
said NW 1/4, 2571.95 feet to a point on the west line of said NW 1/4, being
600.60 feet (9.10 chains deed) north from the southwest corner thereof, as
measured on said west line; thence North 0 25'45" East on the west
line of said NW 1/4, 1744.59 feet to the northwest corner of said Section
5, also being a point on said township line; thence South 88 55'37"
West on the south line of the SW 1/4 of said Section 32, 19.48 feet to the
southeast corner of the SE 1/4 of said Section 31; thence South 89
57'49" West on the south line of said SE 1/4, 2218.13 feet to the
southeast corner of said Thornhill Subdivision; thence North 0 00'00"
East on the east line of said Thornhill Subdivision, 220.05 feet (220.00
feet plat); thence South 90 00'00" East on the east line of said
Thornhill Subdivision, 15.00 feet (15.00 feet plat); thence North 0
00'00" West on the east line of said Thornhill Subdivision, 50.00
feet (50.00 feet plat); thence South 90 00'00" West on the east line of
Thornhill Subdivision, 15.00 feet (15.00 feet plat); thence North 0
00'00" West on the east line of said Thornhill Subdivision, 312.63
feet (312.63 feet plat); thence North 4 53'00" East on the east line
of said Thornhill Subdivision, 315.66 feet (315.66 feet plat); thence
North 6 00'00" West on the east line of said Thornhill Subdivision,
720.14 feet (720.14 feet plat) to a point on a curve; thence northwesterly
on a curve to the left of the east line of said Thornhill Subdivision
(said curve having an initial tangent bearing North 77 50'30" West,
radius of 778.00 feet, chord bearing North 81 10'00" West, chord
distance 90.25 feet) an arc distance of 90.29 feet (90.29 feet plat);
thence North 5 30'30" East on the east line of said Thornhill
Subdivision, 141.03 feet (141.03 feet plat); thence North 8 30'00"
West on the east line of said Thornhill Subdivision, 322.18 feet (322.18
feet plat); thence North 13 30'00" East on the east line of said
Thornhill Subdivision, 175.39 feet (175.39 feet plat) to the northeast corner
of Lot 46 of said Thornhill Subdivision, thence North 13 30'00" East on
the northerly prolongation of the east line of said Lot 46, 116.16 feet;
thence North 67 36'14" West, 305.66 feet to the northerly most corner
of Lot 50 being a point on the west line of the SE 1/4 of said Section 31;
thence South 66 50'10" West on the north line of said Thornhill
Subdivision, 392.69 feet (392.69 feet plat); thence South 24 00'00"
West on the north line of said Thornhill Subdivision, 590.24 feet (590.24
feet plat) to a point on a curve of the north right of way line of said Tiffany
Springs Parkway, being also the north line of Posthill Subdivision, a
subdivision of land in Kansas City, Platte County, Missouri; thence northwesterly
on a curve to the right of said north right of way line (said curve having
an initial tangent bearing North 79 15'15" West, radius of 779.00
feet, chord bearing North 65 37'38" West, chord distance 367.07 feet)
an arc distance of 370.55 feet to a point of tangency; thence North 52
00'00" West on said north right of way line, 134.58 feet (134.58 feet
deed) to a point of curvature; thence northwesterly on a curve to the
right of said north right of way line (said curve having a radius of
184.00 feet, chord bearing North 45 46'58" West, chord distance 39.85
feet) an arc distance of 39.93 feet (39.93 feet deed) to a point of
tangency; thence North 39 33'56" West on said north right of way
line, 308.27 feet (308.27 feet deed) to a point on a curve; thence
northwesterly on a curve to the right of said north right of way line
(said curve having an initial tangent bearing North 34 41'01" West, a
radius of 184.67 feet, chord bearing North 14 37'29" West, chord
distance 126.68 feet) an arc distance of 129.30 feet (129.30 feet deed) to
a point of tangency; thence North 5 26'04" East on said north right
of way line 20.00 feet (20.00 feet deed); thence North 84 33'56" West
on said north right of way line 25.00 feet (25.00 feet plat) to the east
right of way line of said Skyview Avenue, being 35.00 feet east of, as
measured perpendicular to, the centerline thereof; thence North 5
26'04" East on said east right of way line, 1427.80 feet to an angle
point being opposite centerline P.I. Station 121+85.68 back = 121+85.80
ahead; thence North 5 01'20" East on said east right of way line,
877.19 feet to an angle point being opposite centerline P.I. Station
113+08.38 back = 113+08.60 ahead; thence North 5 05'36" East on said
east right of way line, 1751.58 feet to an angle point being opposite
centerline P.I. Station 95+56.73 back = 95+56.80 ahead; thence North 5
01'08" East on said east right of way line, 1148.92 feet to a point
of curvature; thence northeasterly on a curve to the right of said east
right of way line (said curve having a radius of 5694.65 feet, chord bearing
North 6 28'36" East, chord distance of 289.76 feet) an arc distance
of 289.79 feet to the north line of said SW 1/4; thence North 89
49'46" East on said north line, 862.22 feet to the northwest corner
of the SE 1/4 of said Section 30; thence North 89 50'56" East on the
north line of said SE 1/4, 2649.73 feet to the point of beginning,
excepting therefrom, said Stagecoach Subdivision and said tract of land 60
feet in width more particularly described as follows: Commencing at the
northwest corner of the NE 1/4 of Section 31, T52N, R33W of the 5th P.M.,
Kansas City, Platte County, Missouri; thence South 0 39'49" West on
the west line of said NE 1/4 1726.96 feet (1724.77 feet deed) to a point
on the centerline of N.W. Old Stagecoach Road; thence South 52 18'30"
East on said centerline 91.13 feet (94.70 feet deed) to the point of
beginning being on the southwesterly prolongation of the northwesterly line of
said Stagecoach Subdivision; thence continuing South 52 18'30" East
on said centerline, 645.05 feet to a point 60.00 feet southeasterly from,
as measured perpendicular to the southeasterly line of Lot 1 of said
Stagecoach Subdivision; thence North 47 26'34" East on a line 60.00
feet southeasterly from and parallel with said southeasterly line, 599.99 feet
to a point on the southeasterly prolongation of the northeast line of said
Lot 1; thence North 32 44'07" West on said prolongation and on the
northeast line of said Stagecoach Subdivision, 536.12 feet (536.29 feet
deed); thence South 45 29'19" West on the north line of said
Stagecoach Subdivision, 221.93 feet (222.00 feet plat); thence North 44
50'41" West on said north line, 137.94 feet (138.00 feet plat);
thence South 45 10'02" West on the northwesterly most line of said
Stagecoach Subdivision, 573.84 feet (574.02 feet plat) to the point of
beginning, and excepting that part of the SW 1/4 of Section 30, T52N,
R33W, of the 5th P.M., Kansas City, Platte County, Missouri, lying east of
the east right of way line of N.W. Skyview Avenue (formerly Missouri Route
SW) described as follows: Commencing at the intersection of the north line
of the SW 1/4 of said Section 30 with the centerline of N.W. Skyview
Avenue; thence North 89 49'46" East on the north line of said SW 1/4,
35.35 feet to the point of beginning, said point also being on the east right
of way line of N.W. Skyview Avenue; thence southwesterly on a curve to the
left of said east right of way line (said curve having a radius of 5694.65
feet, chord bearing South 6 28'36" West, chord distance of 289.76
feet) an arc distance of 289.79 feet to a point of tangency; thence
continuing on said east right of way line South 5 01'08" West, 263.27
feet; thence North 89 49'46" East, 400.00 feet; thence North 47
48'31" East, 300.61 feet; thence North 5 01'08" East, 350.21 feet to
the north line of said SW 1/4; thence South 89 49'46" West on said
north line, 597.65 feet to the point of beginning. (Entire tract contains
1222.4 acres more or less) All of the herein described tracts are subject
to parts now being used for roads and all easements of record.
is hereby rezoned from Districts GP-3 (Regional
Business), GP-6 (Low Density Residential Uses) and GP-7 (Agricultural and Low
Density Residential Uses) to District GP-6 (Low Density Residential Uses), all
as shown outlined on a map marked Section 65.010A2628, 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 65.010 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 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 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 identify floodway and
floodplain boundaries on the final plat.
4. That the developer extend water mains as
required by the Water Services Department.
5. That the developer grant a Noise and Aviation
Easement to the City.
6. That the developer enter into a Fair Disclosure
Agreement to provide disclosure at the time of any real estate
transaction.
7. That the developer grant a 24 inch water main
easement to the City along N. Green Hills Road.
8. That the developer designate the area within
the subject property as shown on the development plan and dedicate
such area to the City for a sewage pump station
adjacent to N.W. 108th Street.
9. That the developer extend sanitary sewers to
serve each living unit and the golf course clubhouse as required by
the Department of Public Works.
10. That the developer prohibit any structure that
exceeds the height as defined on the KCI Airport Zoning Map.
11. That the developer provide fire protection as
required by the Fire Department.
12. That the developer dedicate additional right of
way for N.W. Skyview Avenue as required by the Department of Public
Works so as to provide 50 feet of right of way
as measured from the centerline of N.W. Skyview
Avenue.
13. That the developer improve N.W. Skyview Avenue
to primary arterial street standards as required by the Department of
Public Works.
14. That the developer dedicate additional right of
way for Tiffany Springs Road as required by the Department of Public
Works so as to provide 50 feet of right of way
as measured from the centerline of Tiffany
Springs Road.
15. That the developer improve Tiffany Springs Road
to primary arterial street standards as required by the Department of
Public Works.
16. That the developer dedicate additional right of
way for N.W. 108th Street as required by the Department of Public
Works so as to provide 50 feet of right of way as
measured from the centerline of N.W. 108th
Street.
17. That the developer improve N.W. 108th Street to
primary arterial street standards as required by the Department of
Public Works.
18. That the developer dedicate additional right of
way for Green Hills Road as required by the Department of Public
Works so as to provide 50 feet of right of way as
measured from the centerline of Green Hills
Road in such areas that the development
abuts Green Hills Road on one side and dedicate
100 feet of right of way in such
areas that the development abuts Green Hills
Road on both sides.
19. That the developer improve Green Hills Road to
primary arterial street standards as required by the Department of
Public Works.
20. That the developer dedicate additional right of
way for N.W. 100th Street as required by the Department of Public
Works so as to provide 30 feet of right of way as
measured from the centerline of N.W. 100th
Street.
21. That the developer improve N.W. 100th Street to
collector street standards as required by the Department of Public
Works.
22. That the developer dedicate additional right of
way for Tiffany Springs Parkway as required by the Department of
Public Works so as to provide a maximum of 200 feet
of right of way for Tiffany Springs Parkway.
23. That the developer improve Tiffany Springs
Parkway to parkway street standards, including grading full-width and
constructing two lanes.
24. That the developer submit plans for grading and
siltation and erosion control to the City Engineer's Office for
approval prior to the commencement of any construction
activities.
25. That the developer secure the approval of the
Street Naming Committee for all street names.
26. That the developer petition for the vacation of
Old Stagecoach Road.
27. That the developer provide off-site temporary
cul-de-sacs on streets between phases as required by the Department
of Public Works.
28. That the developer submit covenants, conditions
and restrictions for maintenance of the common areas.
29. That the developer install hard surface roads
and provide for fire protection prior to construction beyond
foundations.
30. That the developer secure a land disturbance
permit from the Missouri Department of Natural Resources.
31. That the developer submit a street tree
planting plan with the final plat with spacing, species and size of
street trees to be approved by the City Forester.
32. That Phase I of the golf course be platted
prior to the recording of any residential plat and that Phase II of
the golf course be platted prior to recording any final plats for the
46th phase of the development plan.
33. That the developer dedicate the right of way on
the east side of Green Hills Road adjacent to the areas designated as
School/Park at such time that the developer
dedicates the right of way for Green Hills Road
in Phase 31.
34. That the developer dedicate the right of way on
the south side of Tiffany Springs Parkway adjacent to the areas
designated as School/Park at such time that the
developer dedicates the right of way for
Tiffany Springs Parkway in Phases 33 and
34.
35. That the developer of Tract A improve Green
Hills Road to primary arterial street standards and Tiffany Springs
Parkway to parkway street standards at such time that
Tract A is developed as required by the
Department of Public Works.
A copy of said development plan is on file in the office
of the City Clerk under Document No. 960156, 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:
___________________________________
Assistant City Attorney