ORDINANCE NO. 080861
Approving an amendment to a
previously approved development plan in District URD on approximately a 54 acre
tract of land generally bounded by Chouteau Trafficway on the north, about 300
feet east of Chouteau Trafficway on the east, N.E. Vivion Road on the south
(except including the southeast corner of N.E. Vivion Road and Chouteau
Trafficway) and N. Antioch Road on the west, including an area about 300 feet
west of N. Antioch Road and south of N.E. 52nd Street. (6485-URD-17)
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 54 acre tract of land generally
bounded by Chouteau Trafficway on the north, about 300 feet east of Chouteau
Trafficway on the east, N.E. Vivion Road on the south (except including the
southeast corner of N.E. Vivion Road and Chouteau Trafficway) and N. Antioch
Road on the west, including an area about 300 feet west of N. Antioch Road and
south of N.E. 52nd Street, and more specifically described as follows:
A PHase 1/TRACT I
TRACT I:
All of Lots 1 through 12, inclusive,
Block 1, Resurvey of Blocks 1 and 3, ANTIOCH, an addition in and to the City of
Kansas City, Clay County, Missouri, together with the West 20 feet of Block 1,
GREEN HAVEN PLAZA NO. 2, lying South of Lot 11, Block 1, Resurvey of Blocks 1
and 3, ANTIOCH, an addition in and to the City of Kansas City, Clay County,
Missouri, and including to the centerline of all abutting streets.
B TRACT II
(PARCEL A)
Lot 4, Clay County, Missouri,
previously described as follows: All that part of Block 3, ANTIOCH, a
subdivision in Kansas City North, Clay County, Missouri, according to the
recorded plat thereof, lying South of a line drawn at right angles to the
Easterly line of said Block from a point in said Easterly line which is 150
feet North of the Southeast corner of said Block 3, measured along the Easterly
line of said Block 3, and including to the centerline of all abutting streets.
(PARCEL B)
Lot 3, and the South 20 feet of Lot 2,
Block 3, RESURVEY OF BLOCKS 1 AND 3, ANTIOCH, a subdivision of Clay County,
Missouri, and including to the centerline of all abutting streets.
(PARCEL C)
All of Lot 2, except the North 50 feet
thereof measured parallel to the North line of said lot, and except the South 20
Feet thereof measured parallel to the South line of said Lot, Block 3, RESURVEY
OF BLOCKS 1 AND 3, ANTIOCH, a subdivision in Kansas City, Clay County,
Missouri, and including to the centerline of all abutting streets.
(PARCEL D)
Lot 1 and the North 50 feet of Lot 2,
in Block 3, RESURVEY OF BLOCKS 1 AND 3, ANTIOCH, a subdivision in Kansas City, Clay County, Missouri, and including to the centerline of all abutting
streets.
KCATA TRACT:
All of Lot 2, ANTIOCH GREEN, a
subdivision in Kansas City, Clay County, Missouri, according to the recorded
plat thereof, and including to the centerline of all abutting streets.
C TRACT III/TRACT IV
TRACT III:
(PARCEL A)
Part of Block 2,
ANTIOCH, a subdivision in Kansas City, Clay County, Missouri, being a part of
the Northwest 1/4 of Section 31, Township 51, Range 32, Kansas City, Clay
County, Missouri, described as follows: Beginning at a point on the
Northeasterly Right-of-Way line of Chouteau Trafficway, as shown on the plat of
ANTIOCH, a subdivision in Clay County, the Northerly portion of which is a
replat of part of the plat of GREEN HAVEN WEST, a subdivision in Clay County,
said point being 50.00 feet Southerly along said Right-of-Way line, from the
intersection of said Chouteau Right-of-Way and the West Right-of-Way line of Kansas
Avenue, which was platted as Valley View Drive, and as shown on said plat of
GREEN HAVEN WEST; thence South 66 Degrees 44 Minutes 02 Seconds East 165.42
feet along the Southerly line of the Big Shoal Greenway, Tract Number 106, as
conveyed by Antioch Shopping Center, Inc., to the Southwest corner of Lot 79,
GREEN HAVEN, a subdivision in Clay County, said corner being on the common
subdivision boundary line between the plat of GREEN HAVEN and the plat of
ANTIOCH, said common line also being the platted centerline of a ravine, said
corner further being on the North Right-of-Way line of Northeast 54th
Street; thence Southerly along said common line and centerline to the Northwest
corner of Lot 115, GREEN HAVEN, said corner being on the South Right-of-Way
line of Northeast 54th Street, said corner being South 30
Degrees 29 Minutes 21 Seconds West 50.03 feet from the Southwest corner of Lot
79, by direct measurement; thence continuing along said common line and
centerline, to the Southwest corner of Lot 115, GREEN HAVEN, said corner being
South 02 Degrees 51 Minutes 43 Seconds East 190.83 feet from the Northwest
corner of said Lot 115, by direct measurement; thence North 76 Degrees 47 Minutes
55 Seconds West 108.67 feet along a prolongation of the South line of Lots 111,
112, 113, 114 and 115, GREEN HAVEN, to a point on a curve in the Easterly
Right-of-Way line of Chouteau Trafficway; thence Northerly along said
Right-of-Way line, on a curve to the left having an initial tangent bearing of North
04 Degrees 25 Minutes 13 Seconds East, a delta of 21 Degrees 27 Minutes 13
Seconds, and a radius of 741.16 feet, an arc distance of 277.52 feet to the
point of beginning, and including to the centerline of all abutting streets.
(PARCEL B)
The South 500 feet of Block 2, ANTIOCH, a subdivision in Kansas City, Clay County, Missouri, and including to the
centerline of all abutting streets.
TRACT IV:
(PARCEL A)
Lot 39, except the
East 130 feet, as measured along the Northerly and Southerly lot lines thereof,
GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri, and including
to the centerline of all abutting streets.
(PARCEL B)
Lot 40, except the
East 130 Feet, as measured along the Northerly and Southerly lot lines thereof,
GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri.
(PARCEL
C)
Lot 41, except the
East 130 feet, as measured along the Northerly and Southerly lot lines thereof,
GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri.
(PARCEL D)
Lot 42, except the
East 130 feet, as measured along the Northerly and Southerly lot lines thereof,
GREEN HAVEN, a subdivision in Kansas City, Clay County, Missouri.
(PARCEL E)
Lot 43, GREEN HAVEN,
a subdivision in Kansas City, Clay County, Missouri, except beginning at the Northeast
corner of Lot 43; thence 145 feet Westerly along the boundaries of Lots 111 and
112; thence Southerly on a line parallel with the Easterly line of Lot 43 to
the South line of said lot; thence Easterly along the Southern boundary of said
Lot 43, to the East line of said lot; thence North along the Eastern line of
the lot to the point of beginning.
D FUTURE
DEVELOPMENT
From a point of
beginning at the intersection of the Southern prolongation of the Western
boundary of Lot 8, ANTIOCH HILLS, a subdivision of land in Kansas City, Clay
County, Missouri, and the Southeastern right-of-way line of Northeast Vivion
Road; thence North along the prolongation of the Western boundary of said Lot
8, to the Southwest corner of said Lot 8; thence North to the Northwest corner
of said Lot 8; thence East to the southwest corner of Lot 7, ANTIOCH HILLS;
thence North, along the Western boundary of Lots 7, 6, 5, 4, 3, 2, and 1,
ANTIOCH HILLS, to the Northwestern corner of said Lot 1; thence North to
Southeastern corner of Lot 17, ANTIOCH HILLS; thence North, along the Eastern
boundary of Lot 17 to the Northeast corner of said Lot 17, said point being on
the Northern boundary of the Southeast Quarter of Section 36, Township 51,
Range 33; thence East, along said Northern boundary, said point also being on
the Southern boundary of Lot 4, Block 1, BEVERLY MANOR, a subdivision of land
in Kansas City, Clay County, Missouri; thence East along the Southern boundary
of Lots 4, 3, 2, and 1, Block 1, BEVERLY MANOR to the Southeast corner of Lot
1, Block 1, BEVERLY MANOR; thence East along the prolongation of the Southern
boundary of said Lot 1 to a point on Eastern right-of-way line of North Antioch
Road; thence South along said Eastern right-of-way to a point on the Northern
right-of-way line of NE Vivion Road, then Southwesterly along said right-of-way
line of NE Vivion Road to the point-of-beginning.
E FUTURE
DEVELOPMENT
All that part of
Lots 40 and 42, Beulmar Acres, an addition in Kansas City, Clay County,
Missouri, and that part of vacated Kansas Avenue, described as follows:
Beginning at a point 90 feet West of the Northeast corner of Lot 42, said
corner being on a point on the Southerly line of Vivion Road; thence
Southeasterly 149.22 feet; thence South 56 degrees 50 minutes 36 seconds West
84.77 feet to the Northeasterly line of Chouteau Trafficway; thence
Northwesterly along said Northeasterly line to the Southerly line of Vivion
Road; thence Northeasterly along said Southerly line to the Point of
Beginning. (2915 NE Vivion Road)
All that part of Lot
42, BEULMAR ACRES, an addition in Kansas City, Clay County, Missouri, described
as follows: Beginning at the Northeast corner of said Lot 42, said corner
being a point on the Southerly line of Vivion Road, as now established, then
South along the East line of said Lot 42, a distance of 122 feet; thence West
at the right angles from said East line, 80 feet; thence Northwesterly 117.22
feet to a point on the Northerly line of said Lot 42, measured along the
Northerly line thereof; thence Easterly along said Northerly line and along the
Southerly line of said Vivion Road, 90 feet to the Point of Beginning. (2919 NE Vivion Road)
All that part of
Lots 42 and 43, BEULMAR ACRES, an addition in and to the City of Kansas City,
Clay County, Missouri, described as follows: Beginning at a point on the East
line of said Lot 42 which is 122 feet South of the Northeast corner thereof;
thence West, at right angles from said East line, 80 feet; thence South at
right angles from the last described course, 32 feet; thence Southwesterly
along a line which deflects to the right 56 degrees 50 minutes 36 seconds from
the last described course, 84.77 feet to a point on the Northeasterly line of
Chouteau Trafficway, as now established; thence Southeasterly along said
Northeasterly line being a curve to the left, having a radius of 550 feet,
137.26 feet; thence continuing Southeasterly along said Northeasterly line,
being tangent to the last curve, 65.74 feet to an intersection with the East
line of said Lot 43; thence North along the East line of said Lots 43 and 42,
213.01 feet to the Point of Beginning. (5171 NE Chouteau Trafficway)
F FUTURE
DEVELOPMENT
The property
commonly referred to as 2618 NE Vivion Road, which is the east 100 feet of the
west 120 feet of Green Haven Plaza, Block 1, a subdivision in Kansas City, Clay
County, Missouri, which was not replatted Antioch, and including to the
centerline of all abutting streets.
G FUTURE
DEVELOPMENT
The Property
commonly referred to as 2602 NE Vivion Road. Commencing at the Northwest corner of Southwest Quarter (SW/4) of Section
31, Township 51, Range 32, in Clay County, Missouri; thence East along
the North line of said quarter section
34.25 feet, more or less,
to the East line of a Antioch
Road; thence Southerly along the East line of Antioch Road 305.6 feet, more or less; to a point 150 feet Northerly from the point
of intersection of the East line of Antioch Road and the Northwesterly
terminus of the diagonal State
Highway Department right-of-way line (measuring 129.25 feet, more, or less, in length and running in a Northwesterly and
Southeasterly direction along a straight
line and connecting the Easterly line of Antioch Road with the Northerly line of Highway 69), which point is the point of beginning; continuing thence Southerly along the East line of Antioch Road 150 feet to
the point of intersection of the
Easterly line of Antioch Road with said diagonal State Highway
Department right-of-way line; thence in a Southeasterly direction along said diagonal State Highway Department
right-of-way line 129.25 feet, more or
less, to the Northerly line of Highway No. 69; thence Northeasterly along the Northerly line of Highway No. 69, 150 feet to
a point; thence Northwesterly along a
straight line 250 feet, more or less, to the point of beginning,
having a frontage of 150 feet
on Antioch Road and a frontage of 150 feet on Highway No. 69.
is hereby approved, subject to
the following conditions:
1. That the developer submit a macro storm drainage study to
Development Services for approval for the entire development and a micro storm
drainage study for each phase prior to the issuance of a building permit, and
that the developer construct any improvements as required by Development
Services.
2. That additional right of way be dedicated for a primary
arterial with a bike lane along the entire southern boundary of the plan area
for N.E. Vivion Road prior to the issuance of any building permit for each
parcel that adjoins Vivion Road as required by the Missouri Department of
Transportation except that (a) the area depicted on the URD plan as
"Designated Vivion R.O.W." shall be dedicated, or pedestrian
easements granted, to be used as a pedestrian trail or sidewalk with the
stipulation and condition that the sidewalk and landscaping shown on the URD
site plan can be installed and maintained by the adjoining private property
owner at the locations shown, and (b) when Building K depicted on the site plan
is removed, an area 56 feet from the centerline of Vivion Road and starting at
the western edge of the driveway for Building K and continuing east to the
eastern boundary of Building K shall be dedicated, or pedestrian easements
granted, to be used as a pedestrian trail or sidewalk with the stipulation and
condition that the sidewalk and landscaping shown on the site plan can be
installed and maintained by the adjoining private property owner at the
locations shown.
3. That the developer dedicate additional right of way for a
primary arterial for N.E. Antioch Road prior to the issuance of a building
permit as required by the Missouri Department of Transportation.
4. That the developer dedicate additional right of way for a
collector street as required by Development Services so as to provide a minimum
of 30 feet of right of way as measured from each side of the centerline of N.E.
53rd Street on the north during the first phase and on the south when the
building is removed.
5. That the developer install a dual left turn at the
intersection of U.S. 69 and Missouri Route 1 in the eastbound direction as
required by the Missouri Department of Transportation.
6. That the developer add sidewalks along all state frontages
and at intersections and that pedestrian signal indications be added at all
traffic signals where sidewalks are to be located.
7. That the developer upgrade the existing traffic signal at
Antioch Road and N.E. 53rd Street from temporary span wire to permanent mast
arm type as required by the Missouri Department of Transportation.
8. That the developer improve the turning radius at the
northwest corner of Vivion Road and Chouteau Trafficway as required by the
Missouri Department of Transportation as shown on the development plan.
9. That the developer provide appropriate pedestrian
accommodations on the north side of Vivion Road between Antioch and Chouteau
and on the east side of Antioch between Vivion Road and Chouteau as shown on the
development plan.
10. 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.
11. That the developer provide a pedestrian right of way access
easement for those portions of the sidewalk located just outside of the
proposed rights of way as shown on the development plan
12. That the developer submit plans for grading, siltation, and
erosion control to Development Services for approval and permitting prior to
beginning any construction activities.
13. That the developer secure a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing, or
grubbing activities, if the disturbed area exceeds one acre.
14. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
15. That the developer provide a stormwater conveyance system to
serve all proposed lots within the development and determine adequacy as
required by Development Services.
16. That the developer submit covenants, conditions and
restrictions to the Law Department for approval for the maintenance of private
open space and enter into a covenant agreement for the maintenance of any
stormwater detention area tracts.
17. That any relocated streetlights be integrated into the
existing streetlight system as required by Development Services.
18. That the developer extend water mains as required by the Water
Services Department.
19. That the developer provide parking in compliance with Chapters
52 and 80, Code of Ordinances.
20. That the developer provide for fire protection as required by
the Fire Department.
21. That the developer submit a site plan to the Director of City
Development for approval prior to the issuance of a building permit. The site
plan shall include information regarding: property uses, setback distances,
lighting (photometric plan showing zero footcandles at the property line),
landscaping and architectural characteristics, berms, trees and plantings
around and within the parking lots; show proposed pedestrian circulation; and
include elevation drawings of buildings and signage.
22. That the developer provide a pedestrian right of way access
easement for those portions of the sidewalk located just outside of the
proposed rights of way as shown on the development plan as required by
Development Services.
23. That the developer convey to the Parks and Recreation
Department the property within the URD Development Plan, located on the east
side of Chouteau Trafficway and the north side of N.E. 53rd Street, prior to
the issuance of a building permit, or convey that property to the Green Haven
homes association or a related entity, as designated by the Director of City
Development.
24. 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.
25. 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 issuance of a certificate of occupancy.
26. That the developer grant a BMP Easement to
the City as required by Development Services prior to issuance of a certificate
of occupancy.
27. That the developer grant a pedestrian
right-of-way easement over the portions of the public sidewalks located outside
of public right-of-way, as required by Development Services, prior to issuance
of a certificate of occupancy.
28. That additional right of way be dedicated or pedestrian
easements be granted as needed to be used for a 10 foot wide pedestrian and
bicycle trail to be installed by the applicant at the time of the first
building permit on the west side of Chouteau Trafficway between N.E. Vivion
Road on the south and N.E. 53rd Street, except that from the intersection of N.E.
Vivion Road and Chouteau Trafficway and the southernmost driveway on the west
side of Chouteau Trafficway, a five foot wide sidewalk shall be initially
constructed and when Building K is removed, the five foot wide sidewalk shall
be removed and a 10 foot wide pedestrian and bicycle trail shall be installed
by the applicant.
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