ORDINANCE NO. 180821
Approving an amendment to a
previously approved URD Plan in District UR on approximately 430 acres
generally bounded by E. 87th Street on the north, Interstate 435 on the east,
Bannister Road on the south, and Bruce R. Watkins Drive (U.S. Highway 71) on
the west, to allow for the deletion of 15 acres from said UR development plan.
(CD-CPC-2018-00145)
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section A.
That an amendment to a previously approved URD Plan in District UR (Urban
Redevelopment), on approximately 430 acres generally bounded by E. 87th Street
on the north, Interstate 435 on the east, Bannister Road on the south, and
Bruce R. Watkins Drive (U.S. Highway 71) on the west, to allow for the deletion
of 15 acres from said UR development plan, and more specifically described as
follows:
Portions of Sections 22, 23, 26 and 27, all in Township 48
North, Range 33 West of the Fifth Principal Meridian, in Kansas City, Jackson
County, Missouri, bounded generally on the north by 87th Street, on the east by
us Interstate Route No. 435, on the south by Missouri State Route "W"
commonly known as Bannister Road, and on west by U.S. Highway Route No. 71,
commonly known as Bruce R. Watkins Drive, as said street and highway right of
ways are now established or proposed and all more particularly described as
follows:
Beginning at the northeast corner of Southeast Quarter of
Section 22, same point being the southwest corner of the Northeast Quarter of
Section 23; thence North 02 degrees 24 minutes 18 seconds East along the west
line of northwest corner of the said Section 23, a distance of 460.18 feet to
the point on the proposed southerly right of way line of 87th Street; thence
generally eastwardly along said southerly right of way line, the following
courses and distances, more or less; thence South 57 degrees 23 minutes 10
seconds East, a distance of 147.97 feet; thence South 62 degrees 40 minutes 58
seconds West, a distance of 58.60 feet; thence South 27 degrees 40 minutes 41
seconds East, a distance of 96.31 feet; thence North 62 degrees 40 minutes 58
seconds East, a distance of 116.13 feet; thence along a curve to the left,
having an initial tangent bearing of South 59 degrees 46 minutes 38 seconds
East, a radius of 2,365.00 feet and a central angle of 32 degrees 58 minutes 37
seconds, an arc length of 1,361.19 feet; thence North 87 degrees 14 minutes 46
seconds East, a distance of 256.00 feet; thence on a curve to the right, having
an initial tangent bearing of the last described course, a radius of 2,235.00
feet, and a central angle of 20 degrees 19 minutes 13 seconds, and arc length
of 792.66 feet; thence South 72 degrees 26 minutes 02 seconds East, a distance
of 256.00 feet, thence on a curve to the left, having an initial tangent
bearing of the last described course, a radius of 2,365.00 feet and a central
angle of 05 degrees 57 minutes 35 seconds, an arc distance of 246.00 feet;
thence South 13 degrees 55 minutes 44 seconds East, a distance of 92.29 feet;
thence North 79 degrees 11 minutes 53 seconds East, a distance of 2.26 feet;
thence South 02 degrees 13 minutes 32 seconds West, parallel to the east line
of the northwest quarter of the Southeast Quarter of Section 23 and no longer
along the proposed southerly right of way line of said 87th Street, a distance
of 464.87 feet; thence South 86 degrees 59 minutes 03 seconds East, line of the
Northwest Quarter of the Southeast Quarter of Section 23, a distance of 866.67
feet to the point on the east line of the Northwest Quarter of the Southeast
Quarter of Section 23; thence southwardly along said east line, South 02
degrees 3 minutes 32 seconds West, a distance of 205.73 feet; thence South 86
degrees 59 minutes 03 seconds East, and no longer along the east line of the
Northwest Quarter of the Southeast Quarter of said Section 23, a distance of
1,084.86 feet to the point on the westerly right of way line of U.S. Interstate
Route No. 435 as now established; thence generally southwardly along said right
of way line the following courses and distances, more or less; thence South 28
degrees 22 minutes 34 seconds West, a distance of 258.58 feet; thence South 14
degrees 20 minutes 24 seconds West, a distance of 206.16 feet; thence South 28
degrees 22 minutes 34 seconds West, a distance of 55.35 feet; thence South 28
degrees 22 minutes 34 seconds West, a distance of 2,346.22 feet; thence South
37 degrees 36 minutes 22 seconds West, a distance of 405.25 feet; thence south
59 degrees 08 minutes 20 seconds West, a distance of 179.714 feet to a point
of the northerly right of way line of Missouri State Route "W",
commonly known as Bannister Road; thence generally westward along said right of
way line the following courses and distance, more or less; thence North 86
degrees 31 minutes 40 seconds West, a distance of 1,541.69 feet; thence North
77 degrees 59 minutes 49 seconds West, a distance of 101.12 feet; thence North
86 degrees 31 minutes 40 seconds West, a distance of 288.16 feet to a point on
the easterly right of way line of U.S. Highway Route No. 71, commonly known as
Bruce R. Watkins Drive as now established; thence generally northwardly along
said right of way line the following courses and distances, more or less;
thence along a curve to the right, having an initial tangent bearing of 37
degrees 09 minutes 43 seconds West, a radius of 1,960.08 feet and a central
angle of 23 degrees 31 minutes 01 seconds, an arc distance of 804.51 feet;
thence North 13 degrees 38 minutes 42 seconds West, a distance of 1,182.27
feet, thence along a curve to the right, having an initial tangent bearing of
the last described course, a radius of 2,914.93 feet and a central angle of 07
degrees 44 minutes 19 seconds, an arc length of 393.70 feet; thence North 05
degrees 54 minutes 22 seconds West a distance of 403.85 feet; thence along a
curve to the left, having an initial tangent bearing of the last described
course, a radius of 2,84.93 feet and a central angel of 6 degrees 44 minutes 26
seconds, an arc length of 331.16 feet; thence North 19 degrees 57 minutes 17
seconds West, a distance of 702.91 feet t o a point on the northerly line of Southeast
Quarter of said Section 22; thence South 86 degrees 47 minutes 56 seconds East
along said Quarter Section line and no longer along the easterly right of way
line of U.S. Highway Route No. 71, a distance of 1,152.22 feet to the point of
beginning, said tract containing 22,486,834 square feet equal to 516.2 acres,
more or less.
Except the area described as follows (by Ordinance No.
150731):
Beginning at the West Quarter corner of Section 23, Township
48 North, Range 33 West; thence North 02 degrees 24 minutes 18 seconds East,
along the west line of the Northwest Quarter of said Section 23, a distance of
460.18 feet, to a point on the southerly right-of-way line of 87th Street, as
now established; thence South 57 degrees 23 minutes 10 seconds East, along said
southerly right-of-way line, a distance of 147.98 feet; thence South 62 degrees
40 minutes 58 seconds West, continuing along said southerly right-of-way line,
a distance of 58.60 feet; thence South 27 degrees 40 minutes 41 seconds East,
continuing along said southerly right-of-way line, a distance of 96.31 feet;
thence North 62 degrees 40 minutes 58 seconds East, continuing along said
southerly right-of-way line, a distance of 116.13 feet; thence southeasterly, continuing
along said southerly right-of-way line and along a non-tangent curve to the
left, having a central angle of 19 degrees 01 minutes 21 seconds and a radius
of 2,635.00 feet, and whose initial tangent bearing is South 59 degrees 46
minutes 38 seconds East, an arc distance of 785.20 feet; thence South 57
degrees 20 minutes 16 seconds West, a distance of 41.58 feet; thence South 13
degrees 28 minutes 32 seconds West, a distance of 599.57 feet; thence
southerly, along a curve to the left, tangent to the last described course,
having a central angle of 23 degrees 52 minutes 18 seconds and a radius of
1935.00 feet, for an arc distance of 806.20 feet; thence North 86 degrees 58
minutes 55 seconds West, a distance of 824.42 feet, to a point of the west line
of the Southwest Quarter of said Section 23; thence North 86 degrees 34 minutes
16 seconds West, a distance of 686.44 feet, to a point on the easterly
right-of-way line of Missouri State Highway (a.k.a. Bruce Watkins Drive //
a.k.a. South Midtown Trafficway) as now established thence North 13 degrees 12
minutes 51 seconds West, along said easterly right-of-way line, a distance of
372.91 feet; thence northwesterly continuing along said easterly right-of-way
line and along a curve to the left, tangent to the last described course,
having a central angle of 06 degrees 44 minutes 26 seconds and a radius of
2,814.93 feet, for an arc distance of 331.16 feet; thence North 19 degrees 57
minutes 17 seconds West, continuing along said easterly right-of-way line, a
distance of 702.90 feet, to a point on the north line of the Southeast Quarter
of Section 22, Township 48 North, Range 33 West; thence South 86 degrees 47
minutes 56 seconds East, along said north line, a distance of 1155.22 feet to
the point of beginning. Containing 2,489,216 square feet or 57.1445 acres,
more or less.
And except the area described as follows (by Ordinance No.
160756):
A tract of land in the Northwest Quarter and Southwest Quarter
of Section 23, Township 48 North, Range 33 West of the 5th Principal Meridian
in Kansas City, Jackson County, Missouri being bounded and described as
follows: Commencing at the northwest corner of said Southwest Quarter; thence South
87 degrees 02 minutes 45 seconds East, along the north line of said Southwest Quarter,
920.41 feet to a point on the east right-of-way line of Elmwood Avenue, as now
established; thence North 13 degrees 28 minutes 32 seconds East, along said
east right-of-way line, 71.68 feet to the point of beginning of the tract of
land to be herein described; thence North 57 degrees 20 minutes 16 seconds East,
continuing along said east right-of-way line, 41.58 feet to a point on the
south right-of-way line of E. 87th Street, as now established; thence easterly,
along said south right-of-way line, on a curve to the left, having an initial
tangent bearing of South 78 degrees 47 minutes 59 seconds East with a radius of
2,365.00 feet, a central angle of 13 degrees 57 minutes 16 seconds and an arc
distance of 575.99 feet; thence North 87 degrees 14 minutes 45 seconds East,
continuing along said south right-of-way line, 256.00 feet; thence easterly,
continuing along said south right-of-way line, on a curve to the right, having
a common tangent with last described course with a radius of 2,235.00 feet a
central angle of 19 degrees 20 minutes 03 seconds and an arc distance of 754.19
feet; thence south 60°31'21" west, 41.93 feet; thence South 14 degrees 50
minutes 58 seconds West, 20.00 feet; thence southerly, along a curve to the
left, being tangent to the last described course with a radius of 500.00 feet,
a central angle of 32 degrees 10 minutes 00 seconds and an arc distance of
280.71 feet; thence southerly, along a curve to the right, having a common
tangent with the last described course with a radius of 500.00 feet, a central
angle of 17 degrees 49 minutes 02 seconds and an arc distance of 155.48 feet;
thence South 00 degrees 30 minutes 00 seconds West, 359.30 feet; thence North
89 degrees 30 minutes 00 seconds West, 1,781.92 feet to a point on the east
right-of-way line of said Elmwood Avenue; thence northerly, along said east
right-of-way line, on a curve to the right, having an initial tangent bearing
of North 03 degrees 37 minutes 15 seconds East with a radius of 1,935.00 feet,
a central angle of 09 degrees 51 minutes 17 seconds and an arc distance of
332.82 feet; thence North 13 degrees 28 minutes 32 seconds East, continuing
along said east right-of-way line, 599.58 feet to the point of beginning. Containing
1,521,114 square feet or 34.92 acres, more or less.
Area to be deleted from said plan:
All of Lot 3, Pace, a subdivision in Kansas City, Jackson County,
Missouri. Said tract containing 638,354 square feet equal to 14.66 acres, more
or less. The revised URD boundary containing
about 407 acres, more or less.
is hereby approved, subject to the following
conditions:
1.
Conditions of approval of Ordinance
No. 051062 passed by City Council on
October 6, 2005 (Case No. 10390-URD-5) still applies and shall be carried
forward.
2.
The developer shall submit a Final UR Plan to the Director of City
Planning and Development for approval, indicating plans for landscaping,
grading, detailed internal circulation, signage, lighting and a photometric
study showing zero footcandles at the property lines, prior to issuance of
building permit.
3.
The developer shall cause the area
to be platted and processed in accordance with Chapter 88, Code of Ordinances
of the City of Kansas City, Missouri.
4.
The developer shall submit a macro/micro
storm drainage study, including a BMP level of service analysis, to the Land
Development Division for review and acceptance for the entire development when
the first plat infrastructure improvements are submitted, and the developer shall
secure permits to construct any improvements as required by the Land
Development Division prior to recording the plat or prior to issuance of a building
permit, whichever occurs first.
5.
The owner/developer shall submit
plans for grading, siltation, and erosion control to the Land Development
Division for review, acceptance, and permitting for any proposed disturbance
area equal to one acre or more prior to beginning any construction activities.
6.
The developer shall subordinate to
the City all private interest in the area of any right-of-way dedication, in
accordance with Chapter 88 and as required by the Land Development Division,
and the owner/developer shall be responsible for all costs associated with
subordination activities now and in the future.
7.
The owner/developer shall secure a
site disturbance permit from the Land Development Division prior to beginning
any construction, grading, clearing, or grubbing activities, if the disturbed
area equals one acre or more, during the life of the construction activity.
8.
The developer shall obtain the
executed and recorded City approved grading, temporary construction,
drainage/sewer, or any other necessary easements from the abutting property
owner(s) that may be required prior to submitting any public improvements
crossing properties not controlled by the developer and include said
document(s) within the public improvement applications submitted for permitting.
9.
The developer shall design and
construct all interior public streets to City standards, as required by the
Land Development Division, including curb, gutter, storm sewers, streetlights,
and sidewalks.
10.
The developer shall construct
temporary off-site cul-de-sacs as required by the Land Development Division.
11.
The developer shall pay impact
fees as required by Chapter 39 of the City's Code of Ordinances, as required by
the Land Development Division.
12.
The developer shall submit a
letter to the Land Development Division from a licensed civil engineer, licensed
architect, or licensed landscape architect, who is registered in the State of
Missouri, identifying sidewalks, curbs, and gutters in disrepair as defined by
Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY
AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64,
Code of Ordinances, for the sidewalks, curbs, and gutters where said letter
shall identify the quantity and location of sidewalks, curbs, and gutters that
need to be constructed, repaired, or reconstructed to remedy deficiencies
and/or to remove existing approaches no longer needed by this project. 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 the Land Development Division and prior to issuance of
any certificate of occupancy permits including temporary certificate of occupancy
permits.
13.
The developer shall secure permits
to extend sanitary and storm water conveyance systems to serve all proposed
lots within the development and determine adequacy of receiving systems as
required by the Land Development Division, prior to recording the plat or
issuance of a building permit, whichever occurs first.
14.
The developer shall enter into a
covenant agreement for the maintenance of any stormwater detention area tracts
as required by the Land Development Division, prior to recording the plat.
15.
Any future development that deviates from the current approved 2005 URD
Development Plan as it relates to site layout (including building uses and
floor areas), phasing, and timing, other than the 112 acres owned or controlled
by Northpoint and developed for light industrial/office uses, shall require an
amended URD development plan and shall require an updated traffic impact study
for the overall URD development plan. The updated traffic impact study must
incorporate the prevailing conditions existing at the time of the update,
including all adjacent approved developments.
A copy of said development plan
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:
___________________________________
Sarah
Baxter
Assistant
City Attorney