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Legislation #: 080205 Introduction Date: 2/21/2008
Type: Ordinance Effective Date: 3/23/2008
Sponsor: COUNCILMEMBER JOHNSON AND COUNCILMEMBER FORD
Title: Rezoning an area of approximately 474 acres generally located at the northeast quadrant of Interstate 435 and Highway 169, from Districts R-1b, R-3, R-4 and C-2 to District PD/R-1b, R-3, R-4, C-2, and approving a preliminary development plan for the same. (13614-PD-5)

Legislation History
DateMinutesDescription
2/21/2008 Filed by the Clerk's office
2/21/2008 Referred to Planning and Zoning Committee
3/12/2008 Advance and Do Pass as a Committee Substitute, Debate
3/13/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080205.pdf Authenticated 536K Authenticated
C013614PD5_STAFFRPT03_04_08.doc Staff Report 100K Staff Report
C013614PD5_FACTSHT.xls Fact Sheet 74K Fact Sheet
080182_080203-206 Affidavit of Publication.pdf Other 50K Affidavit of Publication
080205-206 Mailing List.pdf Plan Mailing List 92K Mail List
080205 Docket Map.pdf Maps 219K Document Maps
Adv. 031208.pdf Advertise Notice 8K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080205

 

Rezoning an area of approximately 474 acres generally located at the northeast quadrant of Interstate 435 and Highway 169, from Districts R-1b, R-3, R-4 and C-2 to District PD/R-1b, R-3, R-4, C-2, and approving a preliminary development plan for the same. (13614-PD-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 80-11A0793, rezoning an area of approximately 474 acres generally located at the northeast quadrant of Interstate 435 and Highway 169, from Districts R-1b (One-Family Dwellings), R-3 (Low Density, Low Apartments), R-4 (Low Apartments) and C-2 (Local Retail Business) to District PD/R-1b, R-3, R-4, C-2 (One-Family Dwellings/Low Density, Low Apartments/Low Apartments/ Local Retail Business, Planned Development), said section to read as follows:

Section 80-11A0793. That an area legally described as:

 

All that part of the Northwest Quarter and part of the Southwest Quarter of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 0034'18" East along the west line of said Northwest Quarter, 128.29 feet; thence South 8917'54" East, 187.94 feet to a point on the easterly right-of-way line of U.S. Highway No. 169, as now established, said point being the true point of beginning of the tract to be herein described; thence North 0016'18" East along said easterly right-of-way line, 400.00 feet; thence North 0152'33" West along said easterly right-of-way line, 400.28 feet; thence North 0016'18" East along said easterly right-of-way line, 310.25 feet; thence South 8925'17" East, 169.63 feet; thence easterly along a curve concave northerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears North 8154'05" East, 392.25 feet; thence North 7313'28" East, 22.29 feet; thence easterly along a curve concave southerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears North 8154'05" East, 392.25 feet; thence South 8925'17" East, 47.07 feet; thence South 0034'43" West, 380.48 feet; thence South 9000'00" West, 132.69 feet; thence South 6035'08" West, 104.90 feet; thence South 5723'01" West, 60.00 feet; thence southeasterly along a curve concave northeasterly whose radius is 1000.00 feet, whose arc length is 70.91 feet and whose chord bears South 3438'52" East, 70.90 feet; thence South 3640'45" East, 136.77 feet; thence southeasterly along a curve concave southwesterly whose radius is 500.00 feet, whose arc length is 425.69 feet and whose chord bears South 1217'20" East, 412.95 feet; thence South 7753'55" East, 50.00 feet; thence South 6917'19" East, 518.60 feet; thence South 8510'27" East, 145.42 feet; thence South 0449'33" West, 96.13 feet; thence southerly along a curve concave westerly whose radius is 1000.00 feet, whose arc length is 277.25 feet and whose chord bears South 1246'07" West, 276.37 feet; thence South 2042'41" West, 153.63 feet; thence southerly along a curve concave easterly whose radius is 1000.00 feet, whose arc length is 356.88 feet and whose chord bears South 1029'15" West, 354.99 feet; thence South 0015'50" West, 365.27 feet; thence North 8944'10" West, 172.31 feet; thence northwesterly along a curve concave northeasterly whose radius is 300.00 feet, whose arc length is 178.57 feet and whose chord bears North 7241'04" West, 175.94 feet; thence South 3422'02" West, 469.10 feet; thence South 0043'31" West, 317.55 feet to the south line of Lot 12, Countryside Acres, an official plat; thence North 8916'29" West along said south line, 804.35 feet to said easterly right-of-way line of U.S. Highway 169; thence northerly along said easterly right-of-way line and along a curve concave easterly whose radius is 672.98 feet, whose arc length is 39.00 feet and whose chord bears North 0447'04" West, 38.99 feet; thence North 0131'10" West along said easterly right-of-way line, 242.82 feet; thence North 0201'08" West along said easterly right-of-way line, 250.20 feet; thence North 0016'18" East along said easterly right-of-way line, 1050.00 feet; thence North 7025'02" East along said easterly right-of-way line, 329.55 feet to the west line of Lot 3, said Countryside Acres; thence North 0016'19" East along said west line, 37.45 feet to the south line of N.W. 124th Street, as now established; thence North 0024'04" East, 40.00 feet to the north line of said N.W. 124th Street, said point also being on said easterly right-of-way of U.S. Highway No. 169; thence North 0023'15" East along said easterly right-of-way line, 22.52 feet; thence North 7352'06" West along said easterly right-of-way line, 322.37 feet to the true point of beginning.

 

and

 

All that part of the Northeast Quarter of the Southwest Quarter and part of the Northwest Quarter of the Southeast Quarter of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the center of said Section 14; thence South 0015'01" West along the west line of said Northwest Quarter of the Southeast Quarter, 230.15 feet to the point of beginning; thence southeasterly along a curve concave southwesterly whose radius is 600.00 feet, whose arc length is 235.61 feet and whose chord bears South 0837'23" East, 234.10 feet; thence South 0237'35" West, 54.02 feet; thence southeasterly along a curve concave northeasterly whose radius is 500.00 feet, whose arc length is 308.42 feet and whose chord bears South 1502'40" East, 303.55 feet; thence South 5717'05" West, 363.59 feet; thence southwesterly along a curve concave northwesterly whose radius is 500.00 feet, whose arc length is 55.56 feet and whose chord bears South 6028'05" West, 55.53 feet; thence North 2620'54" West, 155.00 feet; thence South 6708'51" West, 42.07 feet; thence South 7408'21" West, 42.07 feet; thence South 8107'51" West, 42.07 feet; thence South 8804'16" West, 43.61 feet; thence North 8944'10" West, 540.00 feet; thence North 0015'50" East, 210.27 feet; thence northeasterly along a curve concave southeasterly whose radius is 1000.00 feet, whose arc length is 356.88 feet and whose chord bears North 1029'15" East, 354.99 feet; thence North 2042'41" East, 53.12 feet; thence easterly along a curve concave northerly whose radius is 800.00 feet, whose arc length is 518.49 feet and whose chord bears North 8704'51" East, 509.46 feet; thence North 6830'49" East, 416.35 feet; thence South 2129'11" East, 80.38 feet; thence southeasterly along a curve concave southwesterly whose radius is 600.00 feet, whose arc length is 16.90 feet and whose chord bears South 2040'46" East, 16.90 feet to the true point of beginning.

 

and

 

All that part of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the southeast corner of the Southwest Quarter of said Section 14; thence North 0015'01" East along the east line of said Southwest Quarter, 176.64 feet to a point on the north right-of-way line of Interstate Route 435, as described in Book 1165 at page 838, in the office of the Recorder of Deeds in Clay County, Missouri, said point being the true point of beginning of the tract to be herein described; thence South 7459'12" West along said north right-of-way line, 246.66 feet to a point 150.00 north of Interstate Route 435 Centerline Station 71+00; thence South 7854'18" West along said north right-of-way line, 439.39 feet to a point 150.00 feet north of said Centerline Station 66+61.61, said point being also 72.00 feet north of the base line of Ramp No. 5; thence South 8417'18" West along said north right-of-way line, 184.80 feet to a point 70.00 feet north of Station 2+00 of said base line; thence North 8323'54" West along said north right-of-way line, 296.44 feet to a point 50.00 feet north of Station 5+17.07 of said base line; thence North 6045'28" West along said north right-of-way line, 171.11 feet to a point on the east line of north Main Street, as now established; thence North 0015'50" East along the east line of said North Main Street, 757.64 feet; thence North 8944'10" West, 40.00 feet to the southeast corner of Lot 12, Countryside Acres, an official plat; thence North 8916'29" West along the south line of said Lot 12, a distance of 282.56 feet; thence North 0043'31" East, 317.55 feet; thence North 3422'02" East, 469.10 feet; thence southeasterly along a curve concave northeasterly whose radius is 300.00 feet, whose arc length is 178.57 feet and whose chord bears South 7241'04" East, 175.94 feet; thence South 8944'10" East, 172.31 feet; thence North 0015'50" East, 155.00 feet; thence South 8944'10" East, 540.00 feet; thence North 8804'16" East, 43.61 feet; thence North 8107'51" East, 42.07 feet; thence North 7408'21" East, 42.07 feet; thence North 6708'51" East, 42.07 feet; thence South 2620'54" East, 155.00 feet; thence northeasterly along a curve concave northwesterly whose radius is 500.00 feet, whose arc length is 55.56 feet and whose chord bears North 6028'05" East, 55.53 feet; thence North 5717'05" East, 363.59 feet; thence northwesterly along a curve concave northeasterly whose radius is 500.00 feet, whose arc length is 308.42 feet and whose chord bears North 1502'40" West, 303.55 feet; thence North 0237'35" East, 54.02 feet; thence northwesterly along a curve concave southwesterly whose radius is 600.00 feet, whose arc length is 252.51 feet and whose chord bears North 0925'48" West, 250.65 feet; thence North 2129'11" West, 80.38 feet; thence South 6830'49" West, 416.35 feet; thence westerly along a curve concave northerly whose radius is 800.00 feet, whose arc length is 518.49 feet and whose chord bears South 8704'51" West, 509.46 feet; thence North 2042'41" East, 100.51 feet; thence northerly along a curve concave westerly whose radius is 1000.00 feet, whose arc length is 277.25 feet and whose chord bears North 1246'07" East, 276.37 feet; thence North 0449'33" East, 96.13 feet; thence North 8510'27" West, 145.42 feet; thence North 6917'19" West, 518.60 feet; thence North 7753'55" West, 50.00 feet; thence northwesterly along a curve concave southwesterly whose radius is 500.00 feet, whose arc length is 425.69 feet and whose chord bears North 1217'20" West, 412.95 feet; thence North 3640'45" West, 136.77 feet; thence northwesterly along a curve concave northeasterly whose radius is 1000.00 feet, whose arc length is 70.91 feet and whose chord bears North 3438'52" West, 70.90 feet; thence North 5723'01" East, 60.00 feet; thence North 6035'08" East, 104.90 feet; thence North 9000'00" East, 132.69 feet; thence North 0034'43" East, 380.48 feet; thence North 8925'17" West, 47.07 feet; thence westerly along a curve concave southerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears South 8154'05" West, 392.25 feet; thence South 7313'28" West, 22.29 feet; thence westerly along a curve concave northerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears South 8154'05" West, 392.25 feet; thence North 8925'17" West, 169.63 feet to a point on the easterly right-of-way line of U.S. Highway No. 169, as now established; thence North 0016'18" East along said easterly right-of-way line, 588.91 feet; thence North 0420'15" East along said easterly right-of-way line, 65.12 feet; thence northerly along said easterly right-of-way line and along a curve concave easterly whose radius is 14874.40 feet, whose arc length is 422.78 feet and whose chord bears North 0233'55" East, 422.76 feet; thence North 0131'56" East along said easterly right-of-way line, 172.53 feet; thence North 3244'55" East along said easterly right-of-way line , 121.89 feet; thence North 0020'16" East along said easterly right-of-way line, 39.01 feet to its intersection with the north line of the Northwest Quarter of said Section 14; thence South 8925'17" East along said north line, 2373.87 feet to the northeast corner of said Northwest Quarter; thence South 8926'27" East along the north line of the Northeast Quarter of said Section 14, a distance of 1306.12 feet to the northeast corner of the Northwest Quarter of said Northeast Quarter; thence South 0020'12" West along the east line of said Northwest Quarter of the Northeast Quarter, 1311.76 feet to the southeast corner of said Northwest Quarter of the Northeast Quarter; thence South 8941'18" East along the north line of the Southeast Quarter of said Northeast Quarter, 724.91 feet to a point on the west line of the abandoned right-of-way line of the Kansas City and Texas Railroad; thence South 0243'43" East along said west right-of-way line, 980.34 feet; thence North 8716'17" East along said west right-of-way line, 25.00 feet; thence southerly along said westerly right-of-way line and along a curve concave westerly whose radius is 1860.00 feet, whose arc length is 486.95 feet and whose chord bears South 0446'17" West, 485.56 feet; thence South 1216'17" West along said west right-of-way line, 1190.65 feet to the south line of the Northeast Quarter of the Southeast Quarter of said Section 14; thence South 8945'15" East along said south line, 102.12 feet; thence South 1216'17" West along a line described in Book 90 at page 372, in the office of the Recorder of Deeds in said Clay County, Missouri, 1025.44 feet to a point on the north right-of-way line of said Interstate Route 435; thence North 8906'44" West along said north right-of-way line, 494.28 feet to a point 165.00 feet north of Centerline Station 85+42.69; thence South 8743'46" West along said north right-of-way line, 406.52 feet to a point 160.00 feet north of Centerline Station 81+50; thence South 8127'51" West along said north right-of-way line, 584.78 feet to a point 150.00 feet north of Centerline Station 75+84.06 feet; thence North 8908'20" West along said north right-of-way line, 120.68 feet to a point 175.00 feet north of Centerline Station 74+65; thence South 7459'12" West along said north right-of-way line, 119.19 feet to the true point of beginning. Said tract contains 473.43 acres (20,622,744 s.f.)

 

is hereby rezoned from Districts R-1b (One-Family Dwellings), R-3 (Low Density, Low Apartments), R-4 (Low Apartments) and C-2 (Local Retail Business) to District PD/R-1b, R-3, R-4, C-2 (One-Family Dwellings/Low Density, Low Apartments/Low Apartments/ Local Retail Business, Planned Development),as shown outlined on a map marked Section 80-11A0793, 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 provide right of way and construct streets as shown in the development plan as required by Development Services, including curb, gutter, storm sewers, streetlights, and sidewalks, and including modern roundabouts at the intersections of N.W./N.E. 124th Street with Street 1 and with Street 2.

 

3. That the developer dedicate right of way for the northeast quadrant of the N.W. 126th Street/Highway 169 interchange at the time of (a) determination by the Missouri Department of Transportation that interchange warrants are met, or (b) recording of the plat for the final phase of the overall development, whichever first occurs.

 

4. That the developer install traffic signals at the intersections of N.W. 126th Street and Street 1, N.E. 126th Street and Street 2, and Street 1 and Drive B as shown on the development plan prior to recording of any final plat following the determination by the City that signal warrants are met at each given intersection, as required by the Department of Public Works.

 

5. That the developer provide for interconnection between traffic signals at the intersections of N.W. 126th Street and Street 1, N.E. 126th Street and Street 2, and Street 1 and Drive B as shown on the development plan, as required by the Department of Public Works.

 

6. That the developer submit a macro "overall" storm drainage study for the entire Scenic Ridge development to Development Services for review at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

 

7. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

 

8. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

9. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

10. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services.

 

11. That the developer provide adequate sight distance for each street intersection as required by Development Services.

 

12. That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

13. 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.

 

14. That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer be responsible for all costs associated with subordination activities.

 

15. That the developer construct paved temporary off-site cul-de-sacs as required by Development Services.

 

16. That public sidewalks within the development be permitted and constructed in accordance with an approved Sidewalk Installation Plan for the development.

 

17. That the developer secure permits for the public sidewalks along all tracts within the development at the time street improvement permits are secured.

 

18. That the developer provide access restrictions to prohibit direct vehicular access to arterials from all residential lots or units and that the restriction be placed on the Final Plat.

 

19. That the developer grant a Surface Drainage Easement to the City as required by Development Services.

 

20. That the developer grant a BMP Easement to the City as required by Development Services.

21. That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

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

 

23. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

24. That the developer submit a street tree planting plan prior to or concurrent with the final residential plat submittal, secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots (with a copy to be submitted to the City Development Department staff), and agree to plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

 

25. That the developer secure approval of the Street Naming Committee for all street names prior to submittal of the first final plat, and that the developer submit a copy of the approved street name plan as part of each final plat submittal to the Department of City Development.

 

26. That the developer receive the approval of the Board of Zoning Adjustment for any necessary variances.

 

27. That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

28. That the developer secure the approval of the Missouri Department of Transportation for any work within State right of way.

 

29. That the developer provide a copy of a private inspection report that states that the private streets in Phases R1M and R6B as shown on the development plan have been constructed to City standards, prior to issuance of any final certificates of occupancy within those phases.

 

30. That the developer submit a final plan to the City Plan Commission for all commercial/non-residential phases for approval, including detailed information on landscaping (including on-site canopy shade trees a maximum average of 50 feet on center along all interior street frontages), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

31.              That the developer submit a final plan to the City Plan Commission for all residential phases for approval, including detailed information on landscaping, lighting for amenities areas (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations of duplex and multifamily structures.

 

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