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Legislation #: 140945 Introduction Date: 10/30/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning 572 acres generally located approximately 700 feet north of N.E. Parvin Road, bounded by Gracemor neighborhood and Oceans of Fun on the west, the city limits of Claycomo, Liberty and Birmingham on the north and east, to consider rezoning the parcel from Districts R-80, R-80/ US, and M1-5, to District UR/ US. (14504-UR).

Legislation History
DateMinutesDescription
10/30/2014 Filed by the Clerk's office
10/30/2014 Referred to Planning, Zoning & Economic Development Committee
11/5/2014 Advance and Do Pass as a Committee Substitute, Debate
11/6/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140945.pdf Authenticated 744K Authenticated
140945 Compared.pdf Compared Version 142K Compared Version
140945 Staff Report.pdf Staff Report 84K Staff Report
140945 Fact Sheet.pdf Fact Sheet 407K Fact Sheet
C014504UR_SectionMap.pdf Exhibit 2619K Exhibit "A"

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140945

 

Rezoning 572 acres generally located approximately 700 feet north of N.E. Parvin Road, bounded by Gracemor neighborhood and Oceans of Fun on the west, the city limits of Claycomo, Liberty and Birmingham on the north and east, to consider rezoning the parcel from Districts R-80, R-80/ US, and M1-5, to District UR/ US. (14504-UR).Rezoning 572 acres generally located approximately 700 feet north of N.E. Parvin Road, bounded by Gracemor neighborhood and Oceans of Fun on the west, the city limits of Claycomo, Liberty and Birmingham on the north and east, to consider rezoning the parcel from Districts R-80, R-80/ US, and M1-5, to District UR/ US. (14504-UR).

 

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 88-20A0984, rezoning an area of approximately 572 acres generally located approximately 700 feet north of N.E. Parvin Road, bounded by Gracemor neighborhood and Oceans of Fun on the west, the city limits of Claycomo, Liberty and Birmingham on the north and east, to consider rezoning the parcel from Districts R-80, (Residential dash 80), R-80/ US, (Residential dash 80/ Underground Space) and M1-5, (Manufacturing 1 dash 5/ Underground Space) to District UR/ US (Urban Redevelopment/ Underground Space), said section to read as follows:

 

Section 88-20A0984. That an area legally described as:

 

All that part of Sections 1, 2 and 3, Township 50 North, Range 32 West, and Sections 34, 35, and 36, Township 51 North, Range 32 West, all being in Kansas City, Clay County, Missouri, being described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 34; thence North 89 degrees 16 minutes 17 seconds West, along the South line of said Southeast Quarter, 1,208.99 feet to the Southeast corner of Randolph Corners North 10th Plat, a subdivision in said Kansas City, Clay County, Missouri, said point being the Point of Beginning of the tract of land to be herein described; thence North 00 degrees 32 minutes 01 seconds East, along the East line of said Randolph Corners North 10th Plat and its Northerly prolongation, 2,043.36 feet; thence North 64 degrees 28 minutes 03 seconds East, 1,168.20 feet; thence South 89 degrees 54 minutes 49 seconds East, 682.66 feet; thence North 56 degrees 39 minutes 53 seconds East, 1,066.01 feet to a point on the Southwesterly right-of-way line of Norfolk and Western Railroad, as now established; thence Southeasterly, along said Southwesterly right-of-way line, along a curve to the left having an initial tangent bearing of South 39 degrees 06 minutes 44 seconds East with a radius of 2,274.31 feet, a central angle of 16 degrees 59 minutes 16 seconds and an arc distance of 674.31 feet; thence South 55 degrees 10 minutes 52 seconds East, continuing along said Southwesterly right-of-way line, 347.13 feet; thence North 35 degrees 18 minutes 42 seconds East, continuing along said Southwesterly right-of-way line, 58.00 feet; thence South 56 degrees 20 minutes 48 seconds East, continuing along said Southwesterly right-of-way line, 1,275.86 feet; thence North 41 degrees 11 minutes 20 seconds East, continuing along said Southwesterly right-of-way line, 10.48 feet; thence South 57 degrees 43 minutes 02 seconds East, continuing along said Southwesterly right-of-way line, 712.67 feet; thence Southeasterly, continuing along said Southwesterly right-of-way line, along a curve to the right having an initial tangent bearing of South 57 degrees 27 minutes 03 seconds East with a radius of 1,277.35 feet, a central angle of 14 degrees 25 minutes 22 seconds and an arc distance of 321.54 feet; thence North 45 degrees 48 minutes 23 seconds East, continuing along said Southwesterly right-of-way line, 49.51 feet; thence Southeasterly, continuing along said Southwesterly right-of-way line, along a curve to the right having an initial tangent bearing of South 40 degrees 45 minutes 16 seconds East with a radius of 1,193.13 feet, a central angle of 16 degrees 05 minutes 01 seconds and an arc distance of 334.93 feet; thence South 25 degrees 08 minutes 32 seconds East, continuing along said Southwesterly right-of-way line, 480.56 feet; thence South 61 degrees 23 minutes 39 seconds West, continuing along said Southwesterly right-of-way line, 56.99 feet; thence South 27 degrees 05 minutes 16 seconds East, continuing along said Southwesterly right-of-way line, 55.33 feet; thence Southeasterly, continuing along said Southwesterly right-of-way line, along a curve to the left having an initial tangent bearing of South 28 degrees 52 minutes 48 seconds East with a radius of 884.39 feet, a central angle of 56 degrees 28 minutes 18 seconds and an arc distance of 871.67 feet; thence North 00 degrees 33 minutes 39 seconds East, continuing along said Southwesterly right-of-way line, 49.91 feet; thence Easterly, continuing along said Southwesterly right-of-way line, along a curve to the right having an initial tangent bearing of South 80 degrees 59 minutes 31 seconds East with a radius of 649.68 feet, a central angle of 22 degrees 37 minutes 21 seconds and an arc distance of 256.52 feet; thence Southeasterly, continuing along said Southwesterly right-of-way line, along a curve to the left having a common tangent with the last described course with a radius of 1,901.00 feet, a central angle of 04 degrees 01 minutes 13 seconds and an arc distance of 133.39 feet; thence Southeasterly, continuing along said Southwesterly right-of-way line, along a curve to the right having a common tangent with the last described course with a radius of 827.96 feet, a central angle of 09 degrees 04 minutes 57 seconds and an arc distance of 131.25 feet; thence North 89 degrees 34 minutes 23 seconds West, 468.11 feet; thence North 85 degrees 16 minutes 24 seconds West, 432.55 feet; thence South 34 degrees 44 minutes 37 seconds West, 260.09 feet; thence South 15 degrees 23 minutes 18 seconds West, 390.29 feet; thence South 52 degrees 48 minutes 00 seconds West, 1,373.05 feet; thence North 88 degrees 41 minutes 54 seconds West, 916.96 feet; thence South 01 degrees 18 minutes 06 seconds West, 100.00 feet to the Northeast corner of Tract E, Hunt Midwest Business Park – Third Plat, a subdivision in said Kansas City, Clay County, Missouri; thence North 88 degrees 41 minutes 54 seconds West, along the North line of said Tract E and its Easterly prolongation, 312.15 feet; thence South 01 degrees 18 minutes 06 seconds West, 510.91 feet to the Northeast corner of Lot 18A, Minor Lot Consolidation, as recorded in Book H, at Page 53, in said Clay County, Missouri records; thence North 88 degrees 41 minutes 54 seconds West, along the North line of said Lot 18A, 655.33 feet; thence South 02 degrees 27 minutes 36 seconds East, continuing along said North line, 22.53 feet; thence South 69 degrees 00 minutes 33 seconds West, continuing along said North line, 353.66 feet; thence South 82 degrees 54 minutes 45 seconds West, continuing along said North line, 229.08 feet to a point on the East line of Tract D, Hunt Midwest Business Park – Second Plat, a subdivision in said Kansas City, Clay County, Missouri; thence North 11 degrees 42 minutes 35 seconds West, along said East line, 420.71 feet to the Northeast corner of said Tract D; thence South 52 degrees 54 minutes 38 seconds West, along the North line of said Tract D, 1,272.13 feet to the Northwest corner of said Tract D; thence South 60 degrees 11 minutes 05 seconds West, 60.00 feet to the Northeast corner of Tract C, said Hunt Midwest Business Park – Second Plat; thence South 71 degrees 00 minutes 47 seconds West, along the North line of said Tract C, 716.88 feet to the Northeast corner of Lot 15, said Hunt Midwest Business Park – Second Plat; thence North 89 degrees 17 minutes 59 seconds West, along the North line of said Lot 15, 534.66 feet to the Northwest corner of said Lot 15; thence North 06 degrees 32 minutes 07 seconds East, 377.50 feet; thence North 00 degrees 36 minutes 49 seconds East, 2,507.65 feet to a point on the South line of said Southeast Quarter; thence South 89 degrees 16 minutes 17 seconds East, along said South line, 50.45 feet to the Point of Beginning. Containing 24,905,778 square feet or 571.76 acres, more or less. All lying above the Winterset Ledge of limestone rock.

 

Subtropolis Expansion Property Description –

 

All that part of Sections 2 and 3, Township 50 North, Range 32 West, all being in Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section 2; thence South 00 degrees 37 minutes 50 seconds West, along the East line of said Southeast Quarter, 2,000.61 feet; thence North 89 degrees 22 minutes 10 seconds West, 1,373.64 feet to the Point of Beginning of the tract of land to be herein described; thence North 89 degrees 01 minutes 45 seconds West, 3,107.23 feet; thence South 01 degrees 24 minutes 27 seconds West, 597.17 feet; thence North 89 degrees 13 minutes 05 seconds West, 606.30 feet; thence North 89 degrees 03 minutes 18 seconds West, 285.42 feet; thence North 00 degrees 30 minutes 36 seconds East, 4,844.60 feet; thence South 88 degrees 55 minutes 12 seconds East, 3,593.30 feet; thence South 01 degrees 05 minutes 43 seconds West, 390.61 feet; thence South 00 degrees 33 minutes 24 seconds West, 1,621.88 feet; thence North 90 degrees 00 minutes 00 seconds East, 102.89 feet; thence South 00 degrees 33 minutes 24 seconds West, 879.94 feet; thence North 90 degrees 00 minutes 00 seconds East, 192.43 feet; thence South 00 degrees 00 minutes 00 seconds East, 587.19 feet; thence South 88 degrees 53 minutes 31 seconds East, 126.71 feet; thence South 00 degrees 58 minutes 15 seconds West, 763.53 feet to the Point of Beginning. Containing 16,345,311 square feet or 375.24 acres, more or less. All lying below the bottom of the Winterset Ledge of Limestone Rock and lying above elevation 700 (NAVD 88).

 

is hereby rezoned from Districts R-80, (Residential dash 80), R-80/ US, (Residential dash 80/ Underground Space) and M1-5, (Manufacturing 1 dash 5/ Underground Space) to District UR/ US (Urban Redevelopment/ Underground Space), all as shown outlined on a map marked Section 88-20A0984, 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 submit a preliminary plat for each phase of the development prior to approval of a final UR plan and issuance of a Building Permit.

 

2.                  That the developer secure the approval of the Street Naming Committee for all street names within the entire UR Plan area prior to submittal of the first final plat.

 

3.                  That the developer submit a final UR Development Plan for each project or phase of the development to the City Plan Commission 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.

 

4.                  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.

 

5.                  That the developer submit a macro "overall" storm drainage study for the entire development to the Land Development Division for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study, including a BMP level of service analysis, to be submitted for each phase at the time of final platting, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat.

 

6.                  That the developer dedicate right of way for N. Arlington Avenue and N.E. 48th Street as required by Chapter 88 so as to provide a minimum of 30 feet of right of way as measured from the centerline of the roads, along those areas being platted.

 

7.                  That the developer design and construct all interior public streets to City standards, as required by the Land Development Division, including curb and gutter, storm sewers, streetlights, and sidewalks.

 

8.                  That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

9.                  That the developer subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and that the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

10.              After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

 

11.              That the developer construct temporary off-site cul-de-sacs as required by the Land Development Division.

 

12.              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.

 

13.              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.

 

14.              That the developer secure permits to extend sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit, whichever occurs first.

 

15.              That any stream buffer zones be delineated by submitting a preliminary buffer plan prior to approval of the Preliminary Plat in accordance with the Section 88-415 requirements.

 

16.              That the developer show the limits of the 100-year floodplain on the final plat, as required by the Land Development Division.

 

17.              That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on any plat and plan, as required by the Land Development Division.

 

18.              That the developer grant on City approved forms, BMP and STREAM BUFFER Easements to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any building permits or bmp permits, whichever occurs first.

 

19.              That the developer submit a City Standard Covenant for Maintenance Agreement to the City for any shared Quantity and Quality Mitigation improvements located within separate tracts, as required by the Land Development Division, prior to issuance of any permit to construct said improvement and recording of a final plat containing such facilities, or issuance of building permits, whichever occurs first.

 

20.              That the developer submit a final stream buffer plan, prepared in accordance with Section 88-415, for review and acceptance by the Land Development Division, with the final plat application, and prior to building permit issuance, whichever occurs first.

 

21.              That the developer show and label the final stream buffer zones on the subdivision plat within a private open space tract (or stream buffer easement), as required by the Land Development Division.

 

22.              That the developer submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.

 

23.              That the traffic study shall be revised and updated and submitted to the Public Works Department for review and approval prior to the final plan for each phase of development so as to identify any improvements required to be constructed with that phase.  Any improvements identified or warranted in the approved phase study as being necessary shall be constructed at the time of said phase.  

 

24.              That all striping, signage, and signalization recommendations shall be consistent with the recommendations in the Manual on Uniform Traffic Control Devices, the design standards and specifications of the City of Kansas City, Missouri and the Missouri Department of Transportation, and any other applicable design standards or specifications.

 

25.              That the intersection at N. Arlington Avenue and N.E. Parvin Road shall be signalized at such time as traffic signal warrants are met and the Public Works Department determines that it is prudent to signalize the intersection. The signal should have three lanes in the eastbound and westbound directions and two lanes in the north and southbound directions:

 

a.                   The east and westbound approaches shall consist of two through lanes and one dedicated left-turn lane. The eastbound left-turn lane should have 100 feet of queue storage and the westbound left-turn lane should have 150 feet of queue storage, plus appropriate tapers;

 

b.                  The north and southbound lanes shall consist of one shared through/left-turn lane and one through/right-turn lane;

 

26.              That N.E. 48th Street and Arlington Avenue be constructed at a minimum standard as an industrial collector road; lane configurations to be determined by Public Works at development phase. The road should be constructed according to the minimum design specifications of the City of Kansas City, Missouri including a minimum 500 foot horizontal curve radii. Consideration for signalization or the addition of turn lanes at secondary intersections should be included in future traffic impact studies in the area.

 

27.              That the lanes and traffic signal improvements at the Highway 210 intersection with N. Arlington Road should be modified based on updated studies at phase level submitted to the Public Works Department for review and approval prior to the final plan for each phase of development so as to identify any improvements required to be constructed with that phase.  Improvements shall be constructed at the time of phase, at the discretion of MODOT.

 

28.              The lanes and traffic signal improvements at the I-435 interchange with N.E. Parvin Road should be modified based on updated studies at phase level submitted to the Public Works Department for review and approval prior to the final plan for each phase of development so as to identify any improvements required to be constructed with that phase.  Improvements shall be constructed at the time of phase, at the discretion of MODOT.

 

29.              That the lanes and traffic signal improvements at the I-435 interchange with N.E. 48th Street should be configured based on updated studies at phase level submitted to the Public Works Department for review and approval prior to the final plan for each phase of development so as to identify any improvements required to be constructed with that phase.  Improvements shall be constructed at the time of phase, at the discretion of MODOT.

 

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