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Legislation #: 140747 Introduction Date: 9/4/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER CIRCO AND COUNCILMEMBER BROOKS
Title: Rezoning an area of about 177 acres generally located at the northwest quadrant of Highway 350/Blue Parkway and the area between the eastbound and westbound lanes of Highway 350/Blue Parkway, just east of the City of Raytown from Districts UR and R-80 to District UR. (10626-UR-6)

Legislation History
DateMinutesDescription
9/4/2014 Filed by the Clerk's office
9/4/2014 Referred to Planning, Zoning & Economic Development Committee
9/10/2014 Advance and Do Pass, Debate
9/11/2014 Passed

View Attachments
FileTypeSizeDescription
140747.pdf Authenticated 648K Authenticated
C010626UR6_Fact Sheet_090914.pdf Fact Sheet 469K Fact Sheet
140747 Staff Report.pdf Staff Report 696K Staff Report

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ORDINANCE NO. 140747

 

Rezoning an area of about 177 acres generally located at the northwest quadrant of Highway 350/Blue Parkway and the area between the eastbound and westbound lanes of Highway 350/Blue Parkway, just east of the City of Raytown from Districts UR and R-80 to District UR. (10626-UR-6)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A0974, rezoning an area of approximately 177 acres generally located at the northwest quadrant of Highway 350/Blue Parkway and the area between the eastbound and westbound lanes of Highway 350/Blue Parkway, just east of the City of Raytown from Districts UR (Urban Redevelopment) and R-80 (Residential 80) to District UR (Urban Redevelopment, said section to read as follows:

 

Section 88-20A0974. That an area legally described as:

 

All that part of Sections 14, 15, 22 and 23, all in Township 48, Range 32, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the common corner to said four Sections; Thence South 87 degrees 07 minutes 20 seconds East, along the line between said Sections 14 & 23, a distance of 157.86 feet to a point on the Westerly right-of-way line of the Kansas City, Rock Island Railroad, as now established, and the Point of Beginning of the tract herein described; Thence Southerly along a curve to the right, having an initial tangent bearing of South 12 degrees 19 minutes 24 seconds West, an included angle of 1 degrees 15 minutes 51 seconds, a radius of 3769.83 feet, an arc distance of 83.18 feet, this and the following seven (7) courses being along said Westerly right-of-way line; Thence North 76 degrees 24 minutes 45 seconds West, along a line radial to the preceding course, a distance of 25.00 feet; Thence Southerly along a curve to the right, which is concentric with the last described curve, having an included angle of 16 degrees 29 minutes 47 seconds, a radius of 3744.83 feet, an arc distance of 1078.20 feet; Thence North 59 degrees 54 minutes 58 seconds West, along a line radial to the preceding course, a distance of 10.00 feet; Thence Southerly along a curve to the right which is concentric with the last described curve, having an included angle of 01 degrees 11 minutes 33 seconds, a radius of 3734.83 feet, an arc distance of 77.73 feet to a point of tangency; Thence South 31 degrees 16 minutes 35 seconds West, a distance of 167.59 feet to a point on the South line of the Northeast Quarter of the Northeast Quarter of said Section 22; Thence North 86 degrees 13 minutes 56 seconds West, along said South line, a distance of 16.91 feet; Thence departing said South line, South 31 degrees 16 minutes 35 seconds West, a distance of 397.74 feet to a point on the Northerly right-of-way line of West-bound Missouri State Highway Route 350 as now established; Thence North 58 degrees 53 minutes 41 seconds West, along said Northerly right-of-way line, a distance of 737.22 feet to a point of curve, this and the following six (6) courses being along said Northerly right-of-way line; Thence along a curve to the left, having an included angle of 23 degrees 14 minutes 00 seconds, a radius of 766.20 feet, an arc distance of 310.69 feet to a point of tangency; Thence North 82 degrees 07 minutes 41 seconds West, a distance of 332.98 feet to a point of curve; Thence along a curve to the right, having an included angle of 13 degrees 03 minutes 44 seconds, a radius of 553.11 feet, an arc distance of 126.10 feet; Thence North 01 degrees 55 minutes 37 seconds East, a distance of 95.96 feet; Thence along a curve to the right, having an initial tangent bearing of North 65 degrees 00 minutes 49 seconds West, an included angle of 18 degrees 38 minutes 13 seconds, a radius of 482.00 feet, an arc distance of 156.78 feet; Thence North 06 degrees 33 minutes 49 seconds East, a distance of 47.48 feet; Thence departing said Northerly right-of-way line, North 43 degrees 14 minutes 30 seconds East, a distance of 179.82 feet to a point on the West line of the East Half of the Northwest Quarter of the Northeast Quarter of said Section 22; Thence North 01 degrees 58 minutes 55 seconds East, a distance of 837.40 feet to the Northwest corner of said Half Quarter Quarter Section; Thence South 86 degrees 06 minutes 35 seconds East, along the North line of the Northeast Quarter of said Section 22, a distance of 663.68 feet to the Southwest Corner of the Southeast Quarter of the Southeast Quarter of said Section 15; Thence North 01 degrees 52 minutes 29 seconds East, a distance of 1317.49 feet to the Northwest corner of said Quarter Quarter Section;

 

Thence continuing North 01 degrees 52 minutes 29 seconds East, a distance of 1317.49 feet to the Northwest Corner of the Northeast Quarter of the Southeast Quarter of said Section 15; Thence South 86 degrees 00 minutes 15 seconds East, along the North line of said Quarter-Quarter Section, a distance of 370.97 feet to a point on the Southeasterly right-of-way line of Frost Road, as now established; Thence North 54 degrees 20 minutes 29 seconds East, along said right-of-way, a distance of 310.89 feet to a point on the Southerly right-of-way line of the Kansas City, Rock Island Railroad, as now established; Thence South 47 degrees 31 minutes 23 seconds East, a distance of 140.16 feet to a point of curve, this and the following eight (8) courses being along said Southerly and Westerly right-of-way line; Thence along a curve to the right, having an included angle of 30 degrees 43 minutes 48 seconds, a radius of 2029.21 feet, an arc distance of 1088.35 feet to a point on the East line of said Quarter-Quarter Section; Thence North 01 degrees 52 minutes 09 seconds East, along said Section Line, a distance of 74.35 feet; Thence Southerly along a curve to the right which is concentric with the last described curve, having an included angle of 2 degrees 07 minutes 15 seconds, a radius of 2054.21 feet, an arc distance of 76.04 feet to a point of compound curve; Thence continuing Southerly along said curve to the right which is tangent with the last described curve, having an included angle of 12 degrees 13 minutes 31 seconds, a radius of 3769.83 feet, an arc distance of 804.38 feet; Thence South 85 degrees 35 minutes 17 seconds West, along a line radial to the preceding course, a distance of 50.00 feet; Thence Southerly along a curve to the right, which is concentric with the last described curve, having a radius of 3719.83 feet, an included angle of 07 degrees 29 minutes 59 seconds, an arc distance of 486.91 feet; Thence South 86 degrees 54 minutes 44 seconds East, along a line radial to the preceding course, a distance of 50.00 feet; Thence Southerly along a curve to the right which is concentric with the last described curve, having an included angle of 09 degrees 14 minutes 08 seconds, a radius of 3769.83 feet, an arc distance of 607.66 feet to the Point of Beginning. (Containing 145.22 acres, more or less.)

 

Together with, and including: All that part of the Southeast Quarter of the Southwest Quarter of Section 15, and that part of the Northeast Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Northeast Quarter of Section 22, all in Township 48, Range 32, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Southwest Corner of Lot 1, Huddleston Addition, a subdivision partially in Raytown and partially in Kansas City and wholly in Jackson County, Missouri; Thence South 86 degrees 11 minutes 26 seconds East, along the South line of said Lot 1, a distance of 200.10 feet to a point on the Southeast corner of the West 200.00 feet of said Lot 1 said point being on the city limits line between the City of Kansas City and the City of Raytown, and said point being the Point of Beginning; Thence North 01 degree 58 minutes 30 seconds East, along the East line of said West 200.00 feet, a distance of 140.00 feet; Thence South 86 degrees 11 minutes 26 seconds East, a distance of 66.40 feet; Thence North 31 degrees 18 minutes 49 seconds East, a distance of 27.03 feet to a point on the Northeasterly line of said Lot 1; Thence Southeasterly along the Northeasterly line of said Lot 1 as approximated by a curve to the right having an initial tangent bearing of South 62 degrees 27 minutes 19 seconds East with a radius of 1343.73 feet, an arc distance of 322.63 feet to the Southeast Corner of said Lot 1, said point being the Northeast corner of Lot 2 of said Huddleston Addition; Thence continuing Southeasterly along the Northeasterly line of said Lot 2 as approximated by a curve to the right, having an initial tangent bearing of South 47 degrees 57 minutes 18 seconds East, with a radius of 1725.60 feet, an arc distance of 77.75 feet; Thence along a curve to the left, having an initial tangent bearing of North 61 degrees 39 minutes 26 seconds East, with a radius of 964.00 feet, an arc distance of 118.51 feet to a point on the Westerly right-of-way line of West-bound Missouri Highway Route 350; Thence Southeasterly along said Westerly right-of-way line along a curve to the right, having an initial tangent bearing of South 39 degrees 59 minutes 59 seconds East, with a radius of 686.20 feet, an arc distance of 154.16 feet to a point of tangency, this and the following four courses being along said right-of-way line; Thence South 27 degrees 07 minutes 41 seconds East, a distance of 1657.40 feet to a point of curve; Thence along a curve to the left, to which the preceding course is tangent, having a radius of 633.11 feet, an arc distance of 153.86 feet; Thence South 48 degrees 56 minutes 53 seconds West, along a line radial to the preceding course, a distance of 30.00 feet; Thence along a curve to the left, concentric with the last described curve, to which the preceding course is radial, having a radius of 663.11 feet, an arc distance of 351.64 feet to a point on the East line of the Northeast Quarter of the Northwest Quarter of said Section 22; Thence South 01 degrees 58 minutes 55 seconds West, along said East line, a distance of 3.80 feet to the Southeast corner of said Quarter Quarter Section; Thence North 86 degrees 13 minutes 56 seconds West, along the South line of said Quarter Quarter Section, a distance of 191.14 feet to a point on the Northerly right-of-way line of East-bound Missouri Highway Route 350; Thence along a curve to the right, having an initial tangent bearing of North 79 degrees 11 minutes 00 seconds West, a radius of 1799.86 feet, an arc distance of 662.07 feet, this and the following three courses being along said right-of-way line; Thence North 74 degrees 07 minutes 29 seconds West, along a line neither tangent nor radial to the preceding course, a distance of 99.64 feet; Thence along a curve to the right, concentric with the last described curve, having a radius of 1829.86 feet, an arc distance of 587.51 feet to a point of tangency; Thence North 36 degrees 42 minutes 41 seconds West, a distance of 679.26 feet to a point on the aforesaid city limits line; Thence North 01 degrees 58 minutes 30 seconds East, along said city limits line, a distance of 730.46 feet to the Point of Beginning. (Containing 32.20 acres, more or less.) Altogether containing 177.42 acres, more or less.

 

is hereby rezoned from Districts UR (Urban Redevelopment) and R-80 (Residential 80) to District UR (Urban Redevelopment, all as shown outlined on a map marked Section 88-20A0974, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and in accordance with Section 88-20 thereof.

 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended.

 

2.                  That the developer submit to the Land Development Division, 5th Floor of City Hall, a Stormwater Drainage Report from a Missouri-licensed civil engineer evaluating proposed improvements and impact to drainage conditions. There shall not be an increase to historical runoff conditions from the site and since this project is within a "Combined Sewer Overflow" (CSO) district, the expectation is to retain rainfall up to 1.5 inch depth over the entire site to simulate natural runoff conditions and reduce small storm discharge to the combined sewer system. Manage the 10-year storm and provide a safe overflow path for the 100 year storm, in order to provide protection that the rainfall retention approach does not provide. Drainage study should verify if any modifications to public sewer structures are required and that downstream conditions will not be impacted negatively as a result of engineering impacts. The study shall be submitted prior to approval and issuance of any building permits for compliance with applicable standards at the time of permitting. The developer shall provide for construction of improvements as required by City Development's review of the Stormwater Drainage Report.

3.                  That the developer dedicate 60 feet of right-of-way and improve Norfleet Road from Frost Avenue on the north to the southern limits of the planned area to collector street standards including curb & gutter, sidewalks, streetlights and storm and sanitary sewers or obtain an executed and recorded General Warranty Deed from the adjacent ownership.

 

4.                  That the developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Development Services Division, prior to recording the plat.

 

5.                  That the owner/developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

6.                  That the owner/developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

7.                  That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division for the amended use of the property and address any inadequacies therein prior to issuance of connection authorization and/or issuance of any temporary certificate of occupancy (TCO).

 

8.                  That the developer provide copies of the executed and recorded Surface Drainage Easements. These easements may be identified with book and page numbers on the plat but they cannot be dedicated by the final plat. Separate documents must be submitted to Development Services.

 

9.                  That the developer submit a covenant agreement to the Land Development Division for approval by the Law Department for the maintenance of any stormwater detention area tracts as required by Development Services, prior to recording the plat.

 

10.              That the developer relocate, extend and abandon water mains as required by the Water Services Department.

 

11.              That the developer provide fire protection as required by the Fire Marshal’s Office, including the provision for siren activated gates.

 

12.              That the developer contribute parkland dedication money at a rate of $16,815.50 per acre in satisfaction of Section 88-405-17 of the Zoning and Development Code and as anticipated to be as follows:

 

* 185 SF lots x 3.7 persons/lot x 0.006 acres/person = 4.107 acres

 

Unless this project provides private open space as shown on the plan.

 

13.              That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to submittal of the first final plat.

 

14.              That the developer submit a final UR Development Plan for each project or phase of the development to the Director of City Development for approval prior to issuance of a building permit. The final UR Development Plan shall meet the development standards of Chapter 88-400 including; plan information; property uses; setback distances; lighting (with a photometric study); landscaping, including information on (i) species, planting size, and spacing of all trees and shrubbery; (ii) buildings and dumpster elevation drawings; (iii) fencing, if utilized, identifying material, color, height, setback and type, with an elevation drawing of a section; streetscaping; signage (including elevations); and architectural characteristics.

 

15.              That the developer take reasonable and necessary steps to verify the location of the historic Davis Smith Cemetery and to comply with all local, state and federal laws with regard to proper preservation of the cemetery as part of this project.

 

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

 

Section C. 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 88, 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