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