ORDINANCE NO. 051062
Rezoning approximately 516.2
acres generally bounded by 87th Street (proposed right-of-way), Interstate 435,
Bannister Road, and U.S. Highway 71 from Districts M-1-p, R-4-p, R-1a, RA,
C-2, MP and URD to District URD and approving a development plan for the same.
(10390-URD-5)
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 80-11A0644, rezoning an area of approximately 516.2 acres
generally bounded by 87th Street (proposed right-of-way), Interstate 435,
Bannister Road, and U.S. Highway 71 from Districts M-1-p (Light Industry Limited District), R-4-p (Low Apartments Limited District), R-1a (One-Family Dwellings, Medium Density), RA (Agricultural), C-2 (Local Retail Business), MP (Planned Industry) and URD (Urban
Redevelopment District) to District URD (Urban Redevelopment District), said
section to read as follows:
Section 80-11A0644. That an area
legally described as:
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 U.S. Interstate Route No. 435, on
the south by Missouri State Route "W", commonly known as Bannister Road,
and on the west by U.S. Highway Route No. 71, commonly know 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 the Southeast Quarter of Section 22, same point being the
southwest corner of the Northwest Quarter of Section 23; thence North
0224'18" East along the west line of the northwest corner of said Section
23, a distance of 460.18 feet to a 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; thence South 5723'10"
East, a distance of 147.98 feet; thence South 6240'58" West, a distance
of 58.60 feet; thence South 2740'41" East, a distance of 96.31 feet;
thence North 6240'58" East, a distance of 116.13 feet; thence eastwardly
along a curve to the left, having an initial tangent bearing of South 59 46'
38" East, a radius of 2,365.00 feet and a central angle of 32 58'
37", an arc length of 1,361.19 feet; thence North 8714'46" East, a
distance of 256.00 feet; thence eastwardly along 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 2019'13", an arc length of 792.65 feet;
thence South 7226'02" East, a distance of 256.00 feet; thence eastwardly
along a curve to the left, having an initial tangent bearing of the last
described course, a radius of 2365.00 feet and a central angle of
428'00", an arc length of 184.37 feet; thence South 0710'42" East,
and no longer along the proposed southerly right of way line of said 87th
Street, a distance of 454.92 feet; thence South 5446'25" East, a distance
of 456.80 feet; thence South 8844'42" East, a distance of 497.88 feet to
a point on the east line of the Northwest Quarter of the Southeast Quarter of
said Section 23; thence southwardly along said east line, South
0211'01" West, a distance of 91.29 feet; thence South 8701'37"
East, a distance of 1,084.86 feet to a 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;
thence South 2820'58" West, a distance of 258.58 feet; thence South
1418'48" West, a distance of 206.16 feet; thence South 2820'58"
West, a distance of 1,529.94 feet; thence North 8812'56" West, a distance
of 55.35 feet; thence South 2820'58" West, a distance of 2,346.22 feet;
thence South 3734'46" West, a distance of 405.25 feet; thence South
5906'44" West, a distance of 179.71 feet to a point on the northerly
right of way line of Missouri State Route "W", commonly known as
Bannister Road; thence generally westwardly along said right of way line
the following courses and distances; thence North 8641'54" West, a
distance of 1,541.69 feet; thence North 7807'45" West, a distance of
101.12 feet; thence North 8639'36" 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;
thence northwardly along a curve to the right, having an initial tangent
bearing of North 3712'06" West, a radius of 1,960.08 feet and a central
angle of 2330'58", an arc length of 804.49 feet; thence North
1341'05" West, a distance of 1,182.27 feet; thence northwardly 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 0744'20", an arc
length of 393.72 feet; thence North 0556'45" West, a distance of 403.85
feet; thence northwardly along a curve to the left, having an initial tangent
bearing of the last described course, a radius of 2,814.93 feet and a central
angle of 718'29", an arc length of 359.04 feet; thence North
1312'51" West, a distance of 1,292.87 feet; thence northwardly on a curve
to the left, having an initial tangent bearing of the last described course, a
radius of 2,814.93 feet and a central angle of 644'26", an arc length of
331.16 feet; thence North 1957'17" West, a distance of 702.91 feet to a
point on the northerly line of the Southeast Quarter of said Section 22; thence
South 8647'56" East along said Quarter Section line, a distance of
1,155.22 feet to the point of beginning, said tract containing 22,386,131
square feet equal to 513.9 acres, more or less.
is hereby rezoned from Districts
M-1-p (Light Industry Limited District),
R-4-p (Low Apartments Limited District),
R-1a (One-Family Dwellings, Medium Density),
RA (Agricultural), C-2 (Local Retail Business), MP (Planned
Industry) and URD (Urban Redevelopment District) to District URD (Urban
Redevelopment District), all as shown outlined on a map marked Section
80-11A0644, 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 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 storm drainage study for the entire
development to the City Engineers Office for approval when the first final plat
is submitted and that the developer make any improvements as required by the
City Engineers Office.
3)
That the developer submit plans for grading and siltation and erosion
control to the City Engineers Office for approval prior to beginning any
construction activities.
4)
That the developer subordinate to the City all private interest in the
area of any right-of-way dedication as required by the City Development
Department, and that the developer be responsible for all costs associated with
subordination activities.
5)
That the developer secure a land disturbance permit from the City
Development Department prior to beginning any construction, grading, clearing,
or grubbing activities.
6)
That the developer secure the approval of the Missouri Department of
Transportation prior to working within State right-of-way.
7)
That the developer obtain the grading consents, and all grading,
temporary construction and drainage/sewer easements from the abutting property
owner prior to submitting any public improvements.
8)
That the developer secure permits to construct or reconstruct existing
sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all
development street frontages, prior to recording the plat.
9)
That the developer grant a cross access easement along all interior
streets.
10)
That the developer dedicate additional right-of-way for 87th Street, a primary arterial with a bike path, so as to provide a minimum of 56 feet of
right-of-way as measured from the centerline of 87th Street.
11)
That the developer petition for the vacation of the right-of-way of 87th Street.
12)
That the developer design and construct all interior streets to City
standards, including curb, gutter, storm sewers, streetlights, sidewalks, grade
modifications resulting in reconstruction of existing road section to meet
vertical and horizontal alignment standards, and private utility relocations to
outside the right-of-way.
13)
That the developer construct off-site temporary cul-de-sacs as required.
14)
That the developer retain an independent registered engineer, expert in
mine land stabilization to certify to the City, through the Director of Public
Works, that the subject property has been reclaimed over the mines and area
affected thereby and can be built upon prior to any construction over such
land; such engineer selected by developer shall have in force a policy of
professional liability insurance with limits of liability of not less than
$1,000,000.00 and the Director of Public Works shall have absolute discretion
to approve or disapprove the selection of such engineer. Further, that the
developer shall retain an independent registered structural engineer to certify
to the City, through the Director of City Development, that the buildings and
appurtenances can be safely constructed on the reclaimed land in question; such
engineer shall be acceptable to and previously approved by the Director of City
Development.
15)
That the developer design and install streetlights as required on all
streets.
16)
That the developer extend water mains as required by the Water Services
Department.
17)
That the developer extend sanitary sewers to ensure individual service
is provided to all proposed lots and determine adequacy as required by the
Department of Public Works.
18)
That the developer provide a storm water conveyance system to serve all
proposed lots within the development and determine adequacy.
19)
That the developer provide for fire protection as required by the Fire
Department.
20)
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.
21)
That the developer and any lessee of developer shall remove all outdoor
advertising signs, as identified on the plan as existing billboard sign to be
removed within one year of the effective date of this ordinance.
22)
That the developer will enter into an agreement with the City pursuant
to which the developer and any lessee of developer shall remove all outdoor
advertising signs, as identified on the development plan as existing billboard
sign and proposed billboard sign within ten years of the effective date of
this ordinance.
23)
That the developer will enter into an agreement with the City whereby
the developer and any lessee of developer acknowledge that City relocation
benefits and/or City relocation damages are not available at the end of the
specified period, and that the signs do not have to be relocated elsewhere by
the City or its Tax Increment Financing Commission.
24)
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 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.
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