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Legislation #: 051062 Introduction Date: 8/25/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
8/25/2005 Filed by the Clerk's office
8/25/2005 Referred to Planning, Zoning & Economic Development Committee
9/14/2005 Hold On Agenda (10/5/2005)
10/5/2005 Advance and Do Pass, Debate
10/6/2005 Passed

View Attachments
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051062.pdf Authenticated 305K Authenticated
fs10390URD5.xls Fact Sheet 72K Fact Sheet on Excel
C010390URD5_stfrpt_06_21_2005.doc Staff Report 610K Staff Report

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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