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Legislation #: 050663 Introduction Date: 6/2/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning approximately 251 acres 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 from Districts URD and MP to District URD, and approving a development plan for the same. (10579-URD-8)

Legislation History
DateMinutesDescription
5/31/2005 Filed by the Clerk's office
6/2/2005 Referred to Planning, Zoning & Economic Development Committee
6/22/2005 Hold On Agenda (7/13/2005)
7/13/2005 Hold On Agenda (7/27/2005)
7/27/2005 Hold On Agenda (8/17/2005)
8/24/2005 Advance and Do Pass as a Committee Substitute, Debate
8/25/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
050663.pdf Authenticated 353K Authenticated
mailing.labels050653.pdf Advertise Notice 236K notice.label
mailing.labels050663.pdf Advertise Notice 1068K notice.label
CO10579urd8_FS_ContinuedOnWord.doc Fact Sheet 68K Fact Sheet continued on Word
C010579urd8_FS.xls Fact Sheet 75K Fact Sheet on Excel
C010579URD8_stfrpt_05_03_2005.doc Staff Report 912K cpc staff report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050663

 

Rezoning approximately 251 acres 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 from Districts URD and MP to District URD, and approving a development plan for the same. (10579-URD-8)

 

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 80-11A0352, rezoning an area of approximately 251 acres 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 from Districts URD (Urban Redevelopment District) and MP (Planned Industrial District) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0352. That an area legally described as:

 

A tract of land in Fractional Section 10-T50-R33, Fractional Section 3-T50-R33, and Fractional Section 34-T51-R33, Kansas City, Clay County, Missouri described as follows: beginning at the SW corner of the Fractional SW of said Section 34; thence N 00-27-28 E along the West line of said Fractional SW , 114.29 feet to the southerly right-of-way of Vivion Road; thence N 67-44-14 E, along said line, 50.00 feet from and parallel with the centerline thereof, 122.55 feet; thence N 22-15-46 W, continuing along said line 10.00 feet; thence N 67-44-14 E, 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 S 00-42-10 E, continuing along said line, 15.00 feet; thence southeasterly continuing along said line, 55.00 feet from and parallel with the centerline thereof, along a curve to the right having a radius of 986.74 feet and an initial tangent bearing of N 89-17-50 E, 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 S 45-53-02 E, continuing along said line 104.49 feet to the westerly right-of-way of U.S. Highway No. 169; thence S06-56-18 W, along said line, 661.16 feet to a point 220.00 feet from and opposite station 481+00; thence S 03-04-28 W, continuing along said line, 911.47 feet to a point on the south line of the N of the NE of said Section 3, said point being 134.19 feet from and opposite station 489+87.38; thence N 89-22-23 W, along said line, 9.95 feet to the NE corner, S , Fractional NW of said Section 3; thence S 00-34-11 W, along the east line of the Fractional NW of said Section 3, 1313.65 feet to the NW corner of the SE of said Section 3; thence S 89-15-44 E, along the north line of the SE of said Section 3, 657.18 feet to the NE corner, W , W , SE of said Section 3; thence S 00-19-50 W, along the east line of the W , W , SE of said Section 3, 1115.75 feet; thence N 89-10-35 W, 228.16 feet; thence S 00-30-12 W, 20.00 feet; thence S 08-12-27 E, 180.23 feet to the south line of the N , SE of said Section 3; thence S 89-10-35 E, along said line, 201.46 feet to the NE corner, W , W , S , SE of said Section 3; thence S 00-19-50 W, along the east line of the W , W , SE of said Section 3, 468.94 feet; thence S 89-57-50 W, 108.25 feet to the easterly right-of-way line of U.S. Highway No. 169; thence S 32-14-08 E, along said line, 46.79 feet to a point 435.00 feet from and opposite station 521+50; thence S 26-15-27 W, continuing along said line, 111.54 feet to a point 375.00 feet from and opposite station 522+75; thence S 10-43-20E, continuing along said line, 100.19 feet to a point 375.00 feet from and opposite station 524+05; thence S 30-17-45 W, continuing along said line, 206.99 feet to a point 255.00 feet from and opposite station 525+80; thence S 07-26-43 E, 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 S 29-58-19 E, an arc distance of 340.65 feet to a point 140.00 feet from and opposite c.s. station 532+62.5; thence S 46-59-26 W, 285.00 feet to a point on the southwesterly right-of-way line of said U.S. Highway N0. 169, said point being 145.00 feet from and opposite c.s. station 532+62.5; thence S 46-49-15 E, along said line, 691.85 feet to a point 135.00 feet from and opposite s.c. station 539+50.9; thence S 31-40-25 E, continuing along said line, 408.11 feet to a point 160.00 feet from and opposite station 544+00; thence S 17-00-38 E, continuing along said line, 423.12 feet to a point 175.00 feet from and opposite station 548+72.7; thence S 12-37-04 W, continuing along said line, 138.67 feet to a point 230.00 feet from and opposite station 550+00; thence S 39-46-20 W, continuing along said line, 51.51 feet to the northeasterly right-of-way line of Missouri Highway no. 9; thence N 53-46-06 W, along said line, 95.00 feet from and parallel with the centerline thereof, 1564.77 feet to the east line, Fractional NW of said Section 10; thence S 00-20-42 E, 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 Recorders office; thence S 86-23-08 W, along said slough creek centerline, 297.27 feet; thence S 86-22-56 W, continuing along said line 45.13 feet; thence S 86-57-12 W, continuing along said centerline, 260.56 feet; thence S 86-54-05 W, continuing along said line, 45.09 feet; thence S 86-51-56 W, continuing along said line, 260.59 feet; thence S 86-44-57 W, continuing along said line, 301.52 feet; thence S 62-21-36 W, continuing along said line, 118.50 feet; thence S 00-49-11 W, parallel with the west line of Fractional NW of said Section 10, a distance of 346.25 feet to a point on the northerly right-of-way line of the Chicago, Burlington, and Quincy Railroad Company; thence N 65-36-02 W, along said line, 493.60 feet to a point on the West line of Fractional NW of said Section 10; thence N 00-49-11 E, along said line, 2095.19 feet to the SW corner of the Fractional SW , said Section 3; thence N 00-52-54 E, along the west line of the Fractional SW of said Section 3, 2615.53 feet to SW corner of the Fractional NW of said Section 3; thence N 00-42-19 E, along the west line of the Fractional NW 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 , 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 with the northerly right of way line of Vivion Road (U.S. Highway No. 69), said intersection being North 00-51-29 East, along said east line, 493.04 feet from the southeast corner of said Fractional SW ; 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 60-59-41 West, an arc distance of 275.33 feet; thence North 14-2520 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 75-34-40 West, an arc distance of 288.20 feet; thence South 00-42-10 East, continuing along said line, 10.00 feet; thence westerly, continuing along said line 40.00 feet northerly of and 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 89-1750 West, an arc distance of 68.97 feet; thence North 00-51-29 East, 608.60 feet west of and parallel with the east line of said Fractional SW , 540.21 feet; thence South 89-26-07 East, along a line, 1,159.80 feet north of and parallel with the south line of said Fractional SW , 246.96 feet to the southwesterly right of way line of Interstate No. 29; thence South 50-29-28 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 44-52-46 East, continuing along said line, 204.56 feet to a point on the east line of said Fractional SW , said point being 222.00 feet from and opposite southbound Centerline Station 990+78.94 (Deed = 990+73); thence South 00-51-29 West, along said east line, 250.09 feet to the point of beginning. Containing 290,983 square feet, or 6.6801 acres.

 

 

is hereby rezoned from Districts URD (Urban Redevelopment District) and MP (Planned Industrial District) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0352, 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 certificate of survey to the Department of City Development for approval prior to sale of individual units.

 

3.                  That the developer submit new or update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for approval prior to approval of the next plat and make necessary improvements as required by the City Engineer's Office.

 

4.                  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.

 

5.                  That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

 

6.                  That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities.

 

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

 

8.                  That the developer receive the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

 

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

 

10.              That the developer extend sanitary sewers as required by the Department of Public Works.

 

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

 

12.              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.

 

13.              That the developer record a full disclosure statement concerning reclamation of the underground areas as required by the Department of Public Works.

 

14.              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 the Departments of Public Works and City Development and that the developer submit annual reports to the Departments of Public Works and City Development.

 

15.              That the developer restrict any underground storage to prohibit toxic or hazardous materials as required by the Department of Public Works.

 

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

 

17.              That the developer provide cross-access easements for each final plat as required by the Department of Public Works.

 

18.              That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by the Department of Public Works, prior to recording the plat.

 

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 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 enter into an agreement with Public Works whereby the developer is allowed to make a median cut within the median in Mulberry Avenue, south of N.W. Vivion Road subject to the condition that if there are more than three accidents per year (attributable to that median cut within Mulberry Avenue), the developer shall remove the median cut and restore the median to its prior condition.

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance, 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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney