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Legislation #: 080560 Introduction Date: 5/29/2008
Type: Ordinance Effective Date: 10/19/2008
Sponsor: COUNCILMEMBER FORD
Title: Approving an amendment to a previously approved development plan in District URD on approximately a 251 acre tract of land 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. (10579-URD-11)

Legislation History
DateMinutesDescription
5/28/2008 Filed by the Clerk's office
5/29/2008 Referred to Planning and Zoning Committee
6/18/2008 Hold On Agenda (7/9/2008)
7/9/2008 Hold On Agenda (8/6/2008)
8/6/2008 Hold On Agenda (9/3/2008)
9/3/2008 Hold On Agenda (10/8/2008)
10/8/2008 Advance and Do Pass, Debate
10/9/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080560.pdf Authenticated 396K Autenticated
fs10579URD11.xls Fact Sheet 99K Fact Sheet - REVISED, USE THIS ONE
fs10579URD11.xls Fact Sheet 99K Fact Sheet
10579URD11_stfrpt_10_07_2008.doc Staff Report 1371K Staff Report
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080560 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080560
080560 06808Affidavit of Publication.pdf Other 38K Affidavit of Publication
080560 Mailing List Revised.pdf Plan Mailing List 1110K Mail List
Adv. 070908 for 080560 Mailing.pdf Advertise Notice 8K Advertise Notice
080560 Docket Map.pdf Maps 133K Document Maps
Adv. 061808.pdf Advertise Notice 8K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080560

 

Approving an amendment to a previously approved development plan in District URD on approximately a 251 acre tract of land 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. (10579-URD-11)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved development plan in District URD (Urban Redevelopment District) on approximately a 251 acre tract of land 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, and more specifically described as follows:

 

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 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 an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to clearance of the final plat and make necessary improvements as required by Development Services.

 

(3) 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 shall be responsible for all costs associated with subordination activities now and in the future.

 

(4) That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. 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 Development Services, prior to recording the plat.

 

(5) 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.

 

(6) 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.

 

(7) That the developer pay the impact fee, as required by Chapter 39, Code of Ordinances of the City of Kansas City, Missouri.

 

(8) That the developer submit plans for grading and siltation and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

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

 

(10) That the developer extend water mains as required by the Water Services Department.

 

(11) That the developer extend sanitary sewers as required by Development Services.

 

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

 

(13) 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.

 

(14) That the developer record a full disclosure statement concerning reclamation of the underground areas as required by the Development Services.

 

(15) 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 Development Services and that the developer submit annual reports to Development Services.

 

(16) That the developer restrict any underground storage to prohibit toxic or hazardous materials as required by Development Services.

 

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

 

(18) That the developer provide cross-access easements for each final plat as required by Development Services.

 

(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 administrative 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 amend any previous development agreements to reflect current conditions and the revisions of this development plan amendment.

 

(21) That prior to requesting or obtaining any Certificate of Occupancy for the proposed residential or hotel development within Area I, the developer update the overall traffic impact study for the development and obtain the approval of the updated traffic impact study from the Public Works Department.

 

(22) That prior to requesting or obtaining any Certificate of Occupancy for the proposed residential or hotel development within Area I, the developer construct all improvements identified in said approved updated traffic impact study, as required by Development Services and Parks and Recreation Department. Said improvements include alternatives of a roundabout or traffic signals at the intersection of N. Mulberry Drive with the north and south roadways of N.W. Briarcliff Parkway.

 

(23) That the selection of which of the said alternatives is required to be constructed shall be at the discretion of the Public Works Department and Parks and Recreation Department based on the approved updated traffic impact study.

 

(24) That in the event that construction of traffic signals at the intersection of N. Mulberry Drive and N.W. Briarcliff Parkway is required by Public Works Department and Parks and Recreation Department, the developer, prior to requesting or obtaining any Certificate of Occupancy for the proposed residential or office development within Area I, enter into a cooperative agreement to contribute the cost of installation of traffic signals at the intersection of N. Mulberry Drive with the north and south roadways of N.W. Briarcliff Parkway, as required by Development Services, the developers contribution not to exceed a maximum of $250,000.00. The traffic signals shall be installed by the City when warranted and when full funding for design, construction and inspection is available.

 

(25) That in the event that construction of a roundabout is required by Public Works and Parks and Recreation Department the developer shall construct the roundabout before requesting or obtaining any Certificate of Occupancy for the proposed residential or office development within Area I.

 

(26) That the developer provide either 0.924 acre of private open space or contribute $9,710.69 in-lieu-of parkland dedication for 77 additional multi family units (77 units x 2.0 persons per household x 0.006 acre per person x $10,509.41) in satisfaction of Section 66-128 of the Subdivision Regulations at a rate of $10,509.41 per acre (2008 rate, based upon average cost per acre of parkland for five years preceding.)

 

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section B. 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