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Legislation #: 030623 Introduction Date: 5/22/2003
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER COOPER
Title: Approving an amendment to a previously approved development plan in District URD (Urban Redevelopment District) on approximately a 238 acre tract of land generally located at U.S. Highway 169 and Briarcliff Parkway. (10579-URD-4)

Legislation History
DateMinutesDescription
5/22/2003

Prepare to Introduce

5/22/2003

Referred Planning, Zoning & Economic Development Committee

6/11/2003

Hold On Agenda

6/25/2003

Advance and Do Pass as a Committee Substitute

6/26/2003

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030623

 

Approving an amendment to a previously approved development plan in District URD (Urban Redevelopment District) on approximately a 238 acre tract of land generally located at U.S. Highway 169 and Briarcliff Parkway. (10579-URD-4)

 

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 238 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 on the east side of U.S. Highway 169 on the east, and more specifically described as follows:

 

A tract of land in Fractional Section 10, Township 50, Range 33, Fractional Section 3, Township 50, Range 33, and Fractional Section 34, Township 51, Range 33, Kansas City, Clay County, Missouri, described as follows: Beginning at the southwest corner of the Fractional SW 1/4 of said Section 34; thence North 00E27'28" East, along the west line of said Fractional SW 1/4, 114.29 feet to the southerly right of way line of Vivion Road; thence North 67E44'14" East, along said line 50.00 feet from and parallel with the centerline thereof, 122.55 feet; thence North 22E15'46" West, continuing along said line, 10.00 feet; thence North 67E44'14" East, 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 South 00E42'10" East, 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 North 89E17'50" East, 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 South 45E52'02" East, continuing along said line, 104.49 feet to the westerly right of way line of U.S. Highway No. 169; thence South 06E56'18" West, along said line, 661.16 feet to a point 220.00 feet from and opposite Station 481+00; thence South 03E04'28" West, continuing along said line, 911.47 feet to a point on the south line of the N 1/2 of the NE 1/4 of said Section 3, said point being 134.19 feet from and opposite Station 489+87.38; thence North 89E22'23" West, along said line, 9.95 feet to the northeast corner, S 1/2, Fractional NW 1/4 of said Section 3; thence South 00E34'11" West, along the east line of the Fractional NW 1/4 of said Section 3, 1313.65 feet to the northwest corner of the SE 1/4 of said Section 3; thence South 89E15'44" East, along the north line of the SE 1/4 of said Section 3, 657.18 feet to the northeast corner, W 1/2, W 1/2, SE 1/4 of said Section 3; thence South 00E19'50" West, along the east line of the W 1/2, W 1/2, SE 1/4 of said Section 3, 1115.75 feet; thence North 89E10'35" West, 228.16 feet; thence South


00E30'12" West, 20.00 feet; thence South 08E12'27" East, 180.23 feet to the south line of the N 1/2, SE 1/4 of said Section 3; thence South 89E10'35" East, along said line, 201.46 feet to the northeast corner, W 1/2, W 1/2, S 1/2, SE 1/4 of said Section 3; thence South 00E19'50" West, along the east line of the W 1/2, W 1/2, SE 1/4 of said Section 3; 468.94 feet; thence South 89E57'50" West, 108.25 feet to the easterly right of way line of U.S. Highway No. 169; thence South 32E14'08"East, along said line, 46.79 feet to a point 435.00 feet from and opposite Station 521+50; thence South 26E15'27" West, continuing along said line, 111.54 feet to a point 375.00 feet from and opposite Station 522+75; thence South 10E43'20" East, continuing along said line, 100.19 feet to a point 375.00 feet from and opposite Station 524+05; thence South 30E17'45" West, continuing along said line, 206.99 feet to a point 255.00 feet from and opposite Station 525+80; thence South 07E26'43" East, 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 South 29E58'19" East, an arc distance of 340.65 feet to a point 140.00 feet from and opposite C.S. Station 532+62.5; thence South 46E59'26" West, 285.00 feet to a point on the southwesterly right of way line of said U.S. Highway No. 169, said point being 145.00 feet from and opposite C.S. Station 532+62.5; thence South 46E49'15" East, along said line, 691.85 feet to a point 135.00 feet from and opposite S.C. Station 539+50.9; thence South 31E40'25" East, continuing along said line, 408.11 feet to a point 160.00 feet from and opposite Station 544+00; thence South 17E00'38" East, continuing along said line, 423.12 feet to a point 175.00 feet from and opposite Station 548+72.7; thence South 12E37'04" West, continuing along said line, 138.67 feet to a point 230.00 feet from and opposite Station 550+00; thence South 39E46'20" West, continuing along said line, 51.51 feet to the northeasterly right of way line of Missouri Highway No. 9; thence North 53E46'06" West, along said line, 95.00 feet from and parallel with the centerline thereof, 1465.77 feet to the east line, Fractional NW 1/4 of said Section 10; thence South 00E20'42" East, along said line, 986.70 feet to the southeast 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 South 86E23'08" West, along said slough creek centerline, 297.27 feet; thence South 86E22'56" West, continuing along said line, 45.13 feet; thence South 86E57'12" West, continuing along said line, 260.56 feet; thence South 86E54'05" West, continuing along said line, 45.09 feet; thence South 86E51'56" West, continuing along said line, 260.59; thence South 86E44'57" West, continuing along said line, 301.52 feet; thence South 62E21'36" West, continuing along said line, 118.50 feet; thence South 71E23'22" West, continuing along said line, 137.80 feet to the west line of the E 1/2 of Blocks 6 and 15, said Willson Ritchey; thence North 00E49'11" East, along said line, 1104.19 feet; thence North 36E15'34" East, 148.37 feet to the southwesterly right of way line of said Missouri Highway No. 9; thence North 48E26'36" West, along said line, 452.23 feet to a point 155.00 feet from and opposite Station 1+19.93; thence westerly continuing along said line, 155.00 feet from and parallel with the centerline thereof, along a curve to the left having a radius of 2709.79 feet and an initial tangent bearing of North 72E49'34" West, an arc distance of 68.33 feet to the west line, Fractional NW 1/4 of said Section 10; thence North 00E49'11" East, along said line, 453.61 feet to the southwest corner of the Fractional SW 1/4, said Section 3; thence North 00E52'54" East, along the west line of the Fractional SW 1/4 of said Section 3, 2615.53 feet to the southwest corner of the Fractional NW 1/4 of said Section 3; thence North 00E42'19" East, along the west line of the Fractional NW 1/4 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 1/4, 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 1/4 with the northerly right of way line of Vivion Road (U.S. Highway No. 69), said intersection being North 00E51'29" East, along said east line, 493.04 feet from the southeast corner of said Fractional SW 1/4; 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 60E59'41" West, an arc distance of 275.33 feet; thence North 14E25'20" 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 75E34'40" West, an arc distance of 288.20 feet; thence South 00E42'10" 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 89E17'50" West, an arc distance of 68.97 feet; thence North 00E51'29" East, 608.60 feet west of and parallel with the east line of said Fractional SW 1/4, 540.21 feet; thence South 89E26'07"East, along a line, 1,159.80 feet north of and parallel with the south line of said Fraction SW 1/4, 246.96 feet to the southwesterly right of way line of Interstate No. 29; thence South 50E29'28" East, along said line, 275.49 feet to a point 174.38 feet (Deed = 175.0 feet) from and opposite southbound Centerline Station 988+80; thence South 44E52'46" East, continuing along said line, 204.56 feet to a point on the east line of said Fractional SW 1/4, said point being 222.00 feet from and opposite southbound Centerline Station 990+78.94 (Deed = 990+73); thence South 00E51'29" 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, as amended, commonly known as the Subdivision Regulations.

 

2. That the developer submit a certificate of survey to the Department of City Development for approval prior to sale of individual units.

 

3. That the developer submit a storm drainage study to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers Office.

 

4. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

 

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

 

6. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities.

 

7. That the developer install a traffic signal at the intersection of N. Mulberry Drive and N.W. Vivion Road at such time as traffic movements warrant such signal as required by the Department of Public Works.

 

8. That the developer contribute $35,989.40 in lieu of parkland dedication for 280 multi-family units within Phase I (with credit given for 0.2 acre of private open space shown on preliminary development plan) based upon the calculation of 280 units x 2.0 persons per household x 0.006 acre per person x $11,389.05 in satisfaction of Section 66-128 of the Subdivision Regulations at a rate of $11,389.05 per acre (2003 rate, based upon average cost per acre of parkland for five years preceding.)

 

9. That the developer submit a street name signage plan for review and approval by the Street Naming Committee for all street names prior to the submittal of the first final plat (for the expanded area).

 

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

 

11. That the developer receive the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

 

12. That the developer extend water mains as required by the Water Services Department.

 

13. That the developer extend sanitary sewers as required by the Department of Public Works.

 

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

 

15. That the developer submit covenants, conditions, and restrictions to the Law Department for approval for maintenance of any private open spaces and any detention areas with the final plat.

 

16. That the developer record a full disclosure statement concerning reclamation of the underground areas as required by the Department of Public Works.

 

17. 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 the Departments of Public Works and Codes Administration and that the developer submit annual reports to the Departments of Public Works and Codes Administration.

 

18. That the developer restrict any underground storage to prohibit toxic or hazardous materials as required by the Department of Public Works.

 

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

 

20. That the developer provide cross-access easements for each final plat as required by the Department of Public Works.

 

21. 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 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.

 

A copy of said amendment is on file in the office of the City Clerk under Document No. 970453, 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