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Legislation #: 140244 Introduction Date: 3/27/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 441 acre tract of land generally located east of E. Coal Mine Road, south of Raytown Road, and north of Ozark Road on both sides of Interstate 435 from Districts M1-5, R-2.5, and R-7.5 to District MPD and approving a preliminary development plan for the same. (14453-MPD)

Legislation History
DateMinutesDescription
3/26/2014 Filed by the Clerk's office
3/27/2014 Referred to Planning, Zoning & Economic Development Committee
4/2/2014 Advance and Do Pass, Debate
4/3/2014 Passed

View Attachments
FileTypeSizeDescription
140244.pdf Authenticated 553K Authenticated
140244 Fact Sheet.pdf Fact Sheet 587K Fact Sheet
Municipal Farm Use Table_FINAL DRAFT FOR COUNCIL.pdf Other 1277K Municipal Farm Use Table
Development Standards.pdf Other 110K Development Standards
Approved Plan.pdf Plan 8113K Plan
C014453MPD_FINALCPCSTFRPT_3.18.14.pdf Staff Report 7384K Staff Report

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ORDINANCE NO. 140244

 

Rezoning a 441 acre tract of land generally located east of E. Coal Mine Road, south of Raytown Road, and north of Ozark Road on both sides of Interstate 435 from Districts M1-5, R-2.5, and R-7.5 to District MPD and approving a preliminary development plan for the same. (14453-MPD)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A947, rezoning an approximately 441 acre tract of land generally located east of E Coal Mine Road, south of Raytown Road, and north of Ozark Road on both sides of Interstate 435 from Districts M1-5 (Manufacturing 1 (dash 5)), R-2.5 (Residential 2.5), and R-7.5 (Residential 7.5) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A947. That an area legally described as:

 

Tract A: All that part of the Northwest 1/4 lying east of Eastern Avenue, north of Ozark Road, and southwesterly of Raytown Road, excluding western 180 feet thereof, in the Northwest Quarter of Section 30, Township 49, Range 32 in the City of Kansas City, Jackson County, Missouri.

 

Tract B: The western 180 feet of the Municipal Farm Complex, except that part west of Eastern Avenue, within the Northwest Quarter of Section 30, Township 49, Range 32 in the City of Kansas City, Jackson County, Missouri.

 

Tract C: That portion of the Municipal Farms Complex lying west of Eastern Avenue within the of the Southwest Quarter of the Northwest Quarter of Section 30, Township 49, Range 32 in the City of Kansas City, Jackson County, Missouri.

 

Tract D: That part of the eastern 300 feet of the northern 1,122 feet of the Northeast Quarter of the Northeast Quarter of Section 25, Township 49, Range 33, lying east of Eastern Avenue within the City of Kansas City, Jackson County, Missouri.

 

Tract E: That part of the eastern 300 feet of the northern 1,122 feet of the Northeast Quarter of the Northeast Quarter of Section 25, Township 49, Range 33, lying west and south of Eastern Avenue except that part in Interstate 435 in the City of Kansas City, Jackson County, Missouri.

 

Tract F: That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 49, Range 33, in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning 1,125 feet south of the northeast corner of the Northeast Quarter, thence west 170 feet, more or less, to the easterly right-of-way of Interstate 435, thence southerly along said right-of-way 1,550 feet, more or less, thence east 130 feet, thence north to point of beginning.

 

Tract G: That part of the Southeast Quarter of the Northeast Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning 529 feet west of the southeast corner of the Northeast Quarter, said point being the westerly right-of-way line of Interstate 435, thence north along said right-of-way 1,551 feet to the southeasterly right-of-way line of the Kansas City Southern Railroad, thence southwesterly along railroad right-of-way 1,190 feet, more or less, thence north 15 feet, thence continuing along said right- of-way 903 feet, more or less thence east 1,361 feet to the point of beginning.

 

Tract H: That part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southwest corner of the Northeast Quarter, thence north 535.26 feet, thence east to the westerly right-of-way line of the Kansas City Southern Railroad, thence southwesterly 890 feet, thence west 530 feet to the point of beginning.

 

Tract I: That part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning 535.26 feet north of the southwest corner of the Northeast Quarter, thence north 400.29 feet, thence east 1,485 feet, thence south 215 feet, more or less, thence southwesterly 310 feet, more or less, thence west 1,235 feet to the point of beginning.

 

Tract J: That part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning 935.22 feet north of the southwest corner of the Northeast Quarter, thence north 615.78 feet, thence east 1,485 feet, thence south 615.78 feet, thence west 1,485 feet to the point of beginning.

 

Tract K: That part of the Northwest Quarter of the Northeast Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning 1,115 feet south of the northwest corner, thence east 1,475 feet, thence north 18 feet, thence northwesterly 350 feet platted/measured, to spur track (also known as Coal Mine Rd), thence continuing northwesterly along said spur to the southerly line of the Kansas City Southern Railroad, thence southwesterly along said line to the west line of the quarter section, thence south 310 feet to the point of beginning.

 

Tract L: That part of the Northeast Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning 1,155 feet west of the northwest corner, thence west 380 feet to the east line spur track (also known as Coal Mine Road), thence northwesterly on a curve to the left to east line of Kansas City Southern Railroad right-of-way, thence northeasterly 338 feet, thence east 615 feet to point of beginning.

 

Tract M: That part of the south half of the Northwest Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: All that part of the Northwest Quarter of the Southeast Quarter lying south of the Kansas City Southern Railroad, except that part beginning at the southwest corner of the Northwest Quarter, thence north 514 feet, thence east 332 feet, thence southeasterly 1,000 feet, more or less, to a point 15 feet north of the south line of the east line of the west quarter section, thence south 15 feet, thence west 1,315 feet to the point of beginning.

 

Tract N: That part of the Southwest Quarter of the Northwest Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southwest corner, thence north 514 feet, thence east 332 feet, thence southeasterly 1,000 feet, more or less, to a point on the east line of the west half, thence south 15 feet north of south line of the southwest quarter section, thence west 1,300 feet, more or less, to point of beginning.

 

Tract O: That part of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the northwest corner of the west half of the Southwest Quarter of said section, thence east 1,320 feet, thence south 180 feet, thence west 1,140 feet, thence south 378.30 feet, thence west 180 feet, thence north 558.30 feet the point of beginning.

 

Tract P: That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the northwest corner of Lot 115, Eastwood Hills Subdivision, thence north 935.67 feet, thence east 940 feet, more or less, thence south 920 feet, thence west 225 feet, thence southwesterly along a curve to the left 90 feet, thence west 622.78 feet to the point of beginning.

 

Tract Q: That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the northeast corner of Lot 116, Eastwood Hills, thence west 175 feet, thence north 410 feet, thence west 95 feet, thence north 147.37 feet, thence east 270 feet, thence south 557 feet, more or less, to point of beginning.

 

Tract R: That part of the Southeast Quarter of Section 26, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the northeast corner of the Southeast Quarter, thence west 735 feet, thence south 370 feet, thence southeasterly along a curve 205 feet, thence continuing southeasterly along a curve to the left 500 feet, thence east 470 feet, thence north 410 feet, thence west 82 feet, thence north 150 feet, thence east 82 feet, thence north 565 feet to the point of beginning.

 

Tract S: That part of the Northeast Quarter of Section 26, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southeast corner of the Northeast Quarter, thence west 30 feet to the point of beginning, thence west 650 feet to a point on the right-of-way line of Coal Mine Road, thence north along said right-of-way line 300 feet, thence east 25 feet, to west right-of-way line of Manchester Trafficway, thence south 195 feet along said right-of-way line, thence east 80 feet, thence north 195 feet, along east right-of-way line of Manchester Trafficway, thence east 555 feet, thence south 300 feet, more or less to the point of beginning.

 

Tract T: That part of the Northeast Quarter of Section 26, Township 49, Range 33 in the City of Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southeast corner of the Northeast Quarter, thence north 300 feet, thence west 30 feet, to the point of beginning, thence west 555 feet to a point on the east right-of-way line of Manchester Trafficway, continuing along said right-of-way line in a northerly direction 1,450 feet, more or less, to a point 30 feet west of the east section line of Section 26 and 1,380 feet north of the southwest corner of the northeast quarter section, thence south 1,380 feet, more or less, to the point of beginning.

 

is hereby rezoned from Districts M1-5 (Manufacturing 1 (dash 5)), R-2.5 (Residential 2.5), and R-7.5 (Residential 7.5) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A0947, 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 in accordance with Section 88-20 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That land is exempt from platting requirements unless it is sold, in such case the developer is required to plat in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Zoning and Development Code.

 

2.                  That at the time of final plan, the developer submit a detailed macro/micro storm drainage study (if the project is increasing the impervious areas) to the Land Development Division, in general compliance with adopted standards, including a BMP level of service analysis, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to approval and issuance of any building permits to modify the site.

 

3.                  That the developer 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, to 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 occupancy permits.

 

4.                  That the developer integrate into the existing streetlight system any relocated existing streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights must comply with all adopted lighting standards.

 

5.                  That the owner/developer 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.                  That the owner/developer 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.

 

7.                  That the developer secure permits to extend or relocate sanitary and storm water conveyance systems to serve the development and determine adequacy of receiving systems as required by the Land Development Division, prior to issuance of a building permit.

 

8.                  That the developer secure permits to relocate public sanitary and public storm sewers out from under proposed buildings and structures, etc., while continuing to ensure individual service is provided to all proposed lots as required by the Land Development Division prior to signing the Certificate of Occupancy for the building permit.

 

9.                  That the lease must dictate that the developer maintain the permanent BMPs; if the property is sold, the developer shall grant on City approved forms, BMP Easements (submit the executed and recorded BMP Easements) to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any building permits or bmp permits, whichever occurs first.

 

10.              That the developer must pay impact fees if the property is sold by the City as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division.

 

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 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 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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney