COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970589

Approving a Special Use Permit for surface rock quarrying and rock crushing for an area of approximately 1,155 acres generally bounded by Missouri Highway 210 on the south, the city limits of Claycomo, Liberty and Birmingham to the north and east, and extending west to approximately one-half mile east of Interstate 435. (10694-P-5)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Special Use Permit for surface rock quarrying and rock crushing for an area of approximately 1,155 acres generally bounded by Missouri Highway 210 on the south, the city limits of Claycomo, Liberty and Birmingham to the north and east, and extending west to approximately one-half mile east of Interstate 435, and more specifically described as follows:

All that part of Sections 1, 2, and 11, Township 50, Range 32, and all that part of Section 35 and 36, Township 51, Range 32, including all or part of LINDEMAN ADDITION, PHISTER PLACE and HILTON'S ADDITION, all being in Kansas City, Clay County, Missouri, lying above the top of the Winterset Ledge of Limestone Rock, being more particularly described as follows: Beginning at the Northwest corner of said Section 2, said point being also the Southwest corner of said Section 35; thence South 0o37'24" West, along the West line of the Northwest Quarter of said Section 2, 2788.69 feet to the Southwest corner of said Northwest Quarter; thence South 0o40'50" West, along the West line of the Southwest Quarter of said Section 2, 2634.37 feet to the Southwest corner of said Southwest Quarter; thence South 0o27'11 West, along the West line of the Northwest Quarter of said Section 11, 2632.30 feet to the Southwest corner of said Northwest Quarter; thence South 0o21'21" West, along the West line of the Southwest Quarter of said Section 11, 415.09 feet to a point on the Northerly right-of-way line of the Burlington Northern Railroad; thence Northeasterly, along said Northerly right-of-way line, on a curve to the left, having an initial tangent bearing of North 74o04'03" East, a radius of 5679.65 feet, an arc distance of 506.34 feet; thence North 68o57'35" East, along said Northerly right-of-way line, 1909.34 feet; thence Northeasterly, along said Northerly right-of-way line, on a curve to the left, tangent to the last described course, having a radius of 2814.93 feet, an arc distance of 917.78 feet; thence North 49o12'51" East, along said Northerly right-of-way line, 1026.57 feet; thence North 41o26'08" West, 560.00 feet; thence South 48o33'52" West, 25.00 feet; thence North 41o26'08" West, 195.00 feet; thence South 48o33'52" West, 252.00 feet; thence South 41o26'08" East, 195.00 feet; thence South 48o33'52" West, 26.40 feet; thence North 89o16'30" West, 155.07 feet; thence North 0o13'34" East, 125.00 feet; thence North 89o16'30" West, 145.00 feet; thence South 0o13'34" West, 125.00 feet; thence North 89o16'30" West, 302.00 feet to a point on the West line of the Northeast Quarter of said Section 11; thence North 0o13'34" East, along said West line, 525.00 feet; thence South 89o16'30" East, 145.00 feet; thence North 0o13'34" East, 290.00 feet, to a point on the North line of said Northeast Quarter; thence North 89o16'30" West, along said North line, 145.00 feet to the Northwest corner of said Northeast Quarter; thence North 0o39'53" East, along the West line of the Southwest Quarter of said Section 2, 30.00 feet; thence South 89o16'30" East, 190.00 feet; thence North 0o39'53" East, 210.50 feet; thence South 89o16'30" East, 140.00 feet; thence North 0o39'53" East, 23.50 feet; thence South 89o16'30" East, 82.50 feet; thence South 0o39'53" West, 264.00 feet to a point on the South line of the Southeast Quarter of said Section 2; thence South 89o16'30" East, along said South line, 82.50 feet; thence North 0o39'53" East, 528.00 feet; thence North 89o16'30' West, 165.00 feet; thence North 0o39'53' East, 793.00 feet; thence South 89o16'30" East, 984.72 feet; thence South 0o34'55" West, 686.00 feet; thence South 89o16'30" East, 105.00 feet; thence South 0o34'55" West, 268.00 feet; thence South 89o16'30' East, 218.40 feet; thence North 0o34'55" East, 218.00 feet; thence South 89o16'30" East, 72.60 feet; thence South 0o34'55" West, 236.30 feet; thence North 43o51'10" East, 460.00 feet; thence North 55o51'10" East, 256.00 feet; thence North 1o38'00" East, 172.00 feet; thence South 25o35'49" East, 99.57 feet; thence South 78o10'10" East, 123.10 feet; thence North 78o20'20" East, 226.58 feet to the East line of the Southeast Quarter of said Section 2; thence North 0o28'03" East, along said East line, 1698.86 feet to the Southwest corner of the Northwest Quarter of said Section 1; thence South 89o19'19" East, along the South line of said Northwest Quarter, 2026.89 feet; thence North 20o13'16" East, 18.19 feet; thence Northerly, along a curve to the left, having a radius of 1628.40 feet, an arc distance of 791.86 feet; thence North 16o26'47" West, 544.12 feet; thence Northerly along a curve to the right, tangent to the last described course, having a radius of 4429.07 feet, an arc distance of 351.84 feet; thence Northerly and Northwesterly, along a curve to the left, having a common tangent with the last described course, a radius of 741.04 feet, an arc distance of 669.02 feet; thence North 63o24'28" West, 1044.54 feet to a point on the North line of said Northwest Quarter; thence North 89o29'48" West, along said North line, 408.97 feet to the Northwest corner of said Northwest Quarter; thence North 89o29'48" West, along the North line of the Northeast Quarter of said Section 2, 2610.01 feet to the Northwest corner of said Northeast Quarter; thence North 88o52'38" West, along the North line of the Northwest Quarter of said Section 2, 2608.26 feet to the Point of Beginning.

And also that part lying above the top of the Winterset Ledge of Limestone Rock, being more particularly described as follows: beginning at the Southwest corner of said Section 35; thence North 0o23'00" East, along the West line of the Southwest Quarter of said Section 35, 2616.00 feet to the Northwest corner of said Southwest Quarter; thence South 89o39'20" East, along the North line of said Southwest Quarter, 1266.61 feet to the Southeast corner of the Southwest Quarter of the Northwest Quarter of said Section 35; thence North 0o24'06" East along the East line of the West One-Half of the Northwest Quarter of said Section 35, 1422.86 feet to a point that is 1119.46 feet South of the North line of said Section 35; thence South 89o36'54" East and parallel to the said North line, 87.87 feet, to the Centerline of the main channel of Big Shoal Creek, as now established; thence South 49o15'03" East, along said Centerline, 198.38 feet; thence South 72o27'49" East, along said Centerline, 63.84 feet; thence South 84o19'17" East, along said Centerline, 158.28 feet; thence South 56o17'18" East, along said Centerline, 761.21 feet; thence South 48o07'59" East, along said Centerline, 600.00 feet; thence South 32o55'36" East, along said Centerline, 69.00 feet; thence North 77o25'18" East, along said Centerline, 309.00 feet; thence Southeasterly, along said Centerline, on a curve to the right, tangent to the last described course, having a radius of 226.71 feet, an arc distance of 364.00 feet; thence South 10o31'14" East, along said Centerline, 387.00 feet; thence South 68o07'23" East, along said Centerline, 235.00 feet; thence South 76o43'33" East, along said Centerline, 191.00 feet; thence Southeasterly, along said Centerline, on a curve to the right, tangent to the last described course, having a radius of 88.00 feet, an arc distance of 91.00 feet; thence South 17o17'59" East, along said Centerline, 108.00 feet; thence Southerly, along said Centerline, on a curve to the right, tangent to the last described course, having a radius of 151.13 feet, an arc distance of 97.00 feet; thence South 19o18'46" West, along said Centerline, 124.00 feet; thence South 14o33'39" East, along said Centerline, 268.00 feet; thence South 28o05'25" East, along said Centerline, 363.00 feet; thence South 49o58'18" East, along said Centerline, 433.00 feet; thence Southeasterly, along said Centerline, on a curve to the right, having an initial tangent bearing of South 50o27'56" East, a radius of 462.16 feet, an arc distance of 308.00 feet; thence South 11o45'11" East, along said Centerline, 201.00 feet; thence South 0o20'00" East, 437.03 feet to a point on the South line of the Norfolk and Western Railroad Company right-of-way; thence Southeasterly, along said South line, on a curve to the left, having an initial tangent bearing of South 57o10'24" East, a radius of 816.78 feet, an arc distance of 309.16 feet; thence South 78o51'37" East, along South line, 150.47 feet to a point on the East line of said Section 35; thence North 0o39'15" East, along said East line, 50.47 feet; thence Southeasterly along said South line, on a curve to the right, having an initial tangent bearing of South 77o13'20' East, a radius of 905.37 feet, an arc distance of 344.58 feet; thence South 55o24'57" East, along said South line, 113.00 feet to a point on the South line of said Section 36; thence North 89o29'48" West, along said South line, 408.97 feet to the Southeast corner of said Section 35; thence North 89o29'48" West, along the South line of said Section 35, 2610.01 feet to the Southwest corner of the Southeast Quarter of said Section 35; thence North 88o52'38" West, along the South line of said Section 35, 2608.26 feet to the Point of Beginning. Except that part conveyed by Document Number E 66951, in Book 1523 at Page 75. Containing 1145.07 acres, more or less, except that part condemned by Wabash Railroad Company in Case No. 27694 in the Circuit Court of Clay County, Missouri, a certified copy of the Commissioner's Report being filed as Document B-45434 and of record in Book 720, at Page 224 in said Recorder's Office.

is hereby approved, subject to the following conditions:

1. That the hours of operation for the surface rock quarrying and rock crushing shall be limited as follows:

a. Blasting and detonations shall be permitted only during daylight hours, seven

days per week;

b. Rock crushing and related operations shall be conducted only during the

period from 6:00 a.m. through 11:00 p.m. each day, seven days per week; and

c. Sales of rock and rock products (including weighing, loading and hauling

operations) shall be permitted twenty-four hours each day, seven days per

week.

2. That all blasting and detonations shall conform with all applicable Federal and State laws and all applicable City codes and ordinances including, without limitation, the

requirements of the blasting permits issued annually by the City Engineer's Office.

3. That the applicant conduct seismic monitoring of blasting detonations at such locations, times and intervals as are from time to time required by the City Engineer's

Office pursuant to its annual blasting permits issued by the City Engineer's Office.

4. That the applicant maintain the storage of all explosives in Federal Alcohol, Tobacco and Firearms approved magazines constructed to meet Uniform Fire Code Standards.

5. That the applicant meet air quality in accordance with all applicable Federal and State laws and regulations and City ordinances, and conform and comply the dust control

for all mining, hauling and crushing operations in accordance with said standards. The

applicant shall obtain any required permits from the Air Quality Division of the

Department of Health prior to beginning any mining activities.

6. That the applicant limit commercial rock extraction and blasting to a minimum distance of at least 500 feet from the south plan area boundary between the east line

of the excepted tract and the west line of the Village of Birmingham, and 100 feet

from the remaining boundaries of the plan, except for activities incidental to the

construction of the underground portal. The 100 foot buffer may be waived if the

adjoining property is owned by the applicant.

7. That the applicant stage excavation in such a manner to assure lateral stability throughout the course of rock quarrying operations.

8. That the applicant route its rock hauling trucks through the site to N.E. Parvin Road; no rock haul trucking access to or from the site will be permitted on to or from N.E.

48th Street.

9. That the applicant shall control erosion as required by all Federal and State laws and regulations and City codes and regulations for, among others, sediment, water quality

and run-off as required by the City Engineer's Office.

10. That the applicant shall conduct continuing reclamation after initial surface quarrying operations begin in order to minimize the area open for quarrying at any one time.

No more than 50 total acres shall be opened for actual rock extraction at any one

time. Stockpiles of overburden and extracted rock, and reclaimed land at final grade,

at any stage of revegetation, shall not count toward the 50 acre total.

11. That the applicant shall reclaim the areas so as to include redistribution of soil and regrading of quarry areas to slopes suitable for interim agricultural uses and future

real estate development as required by the Missouri Department of Natural

Resources. All reclaimed slopes shall not exceed 3:1.

12. That the applicant seed redistributed soil with native herbaceous plant material or sowed with agricultural crops.

13. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any quarrying activities.

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

15. That the developer provide for fire protection as required by the Fire Department.

16. This Special Use Permit is unlimited in time provided that the City Council may revoke the Special Use Permit at any time in accordance with Section 80-190 (a)(12),

Code of Ordinances of the City of Kansas City, Missouri, and, in addition, this Special

Use Permit shall be reviewed by the Director of the Department of City Development

(the "Director") at the end of every three year period, the first of which ends on May

31, 2000, in accordance with the following procedure:

a. If a written complaint, alleging violations of either the terms or conditions of

this Special Use Permit or the provisions of the Code of Ordinances or other

applicable laws during the three year review period, is signed and submitted

to the Director within sixty days prior to the end of each three year review

period by either of the following two groups: (i) a neighborhood association

or homeowner's association registered with the City's Department of

Neighborhood and Community Services and which represents, wholly or

partially, City residents residing within two miles of the property boundaries

of this Special Use Permit; or (ii) one hundred fifty (150) residential property

owners or more who own a residence within two miles of the property

boundaries of this Special Use Permit and are City residents (in case of joint

ownership or co-ownership of any residence, the signature only one of such

owners is required but such residence shall be only counted once), then,

within thirty days of the end of such three year review period, the Director

shall set a hearing date for a review of the Special Use Permit before the City

Plan Commission. Notice of the hearing of the City Plan Commission shall be

published and mailed in accordance with Sections 80-330 and 80-335, Code

of Ordinances.

b. At the hearing of the City Plan Commission, all parties (including the holder

of the Special Use Permit and the parties submitting the written complaint) shall have a right to be heard, including the right to present testimony through

witnesses and to introduce other information relevant to the issues. The City

Plan Commission shall recommend to the City Council whether the Special

Use Permit should be revoked in accordance with Section 80-190 (a)(12).

c. Within thirty (30) days of the hearing of the City Plan Commission, the

Director shall request an ordinance revoking the Special Use Permit before the

City Council. Notice of the hearing of the City Council shall be published and

mailed in accordance with Sections 80-330 and 80-335, Code of Ordinances.

Such hearing shall be conducted by the City Council, sitting as Committee of

the Whole. All interested persons shall be heard and may present testimony

through witnesses and other evidence relevant to the issues, which is attached

hereto and made a part hereof.

A copy of said Special Use Permit plan is on file in the office of the City Clerk under Document No. 970589, which is attached hereto and 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:

___________________________________

Assistant City Attorney