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Legislation #: 140482 Introduction Date: 6/12/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER CIRCO
Title: Rezoning an approximately 70 acre tract of land generally located at the northwest corner of East 63rd Street Trafficway and I-435 from District R-7.5 to District M2-2, and approving a development plan. (14459-P)

Legislation History
DateMinutesDescription
6/12/2014 Filed by the Clerk's office
6/12/2014 Referred to Planning, Zoning & Economic Development Committee
6/18/2014 Advance and Do Pass, Debate
6/19/2014 Passed

View Attachments
FileTypeSizeDescription
140482.pdf Authenticated 519K Authenticated
140482 Fact Sheet.pdf Fact Sheet 387K Fact Sheet
C014459P1_STAFFRPT_06_03_14.pdf Staff Report 125K Staff Report

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ORDINANCE NO. 140482

 

Rezoning an approximately 70 acre tract of land generally located at the northwest corner of East 63rd Street Trafficway and I-435 from District R-7.5 to District M2-2, and approving a development plan. (14459-P)

 

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 88-20A0961, rezoning an approximately 70 acre tract of land generally located at the northwest corner of East 63rd Street Trafficway and I-435 from District R-7.5 (Residential dash 7.5) to District M2-2 (Manufacturing 2 dash 2), said section to read as follows:

 

Section 88-20A0961. That an area legally described as:

 

TRACT 1: All that part of the Northeast Quarter of Section 1, Township 48, Range 33, and all that part of the Northwest Quarter of Section 6, Township 48, Range 32, in Kansas City, Jackson County, Missouri being more particularly described as follows: Commencing at the northeast corner of said Section 1; thence North 87 degrees 37 minutes 06 seconds West along the north line of said Quarter Section, a distance of 45.14 feet to a point on the westerly right of way line of Interstate Route No. 435, said point being the point of beginning of the tract of land to be herein described; thence North 87 degrees 37 minutes 06 seconds West, continuing along the north line of said Quarter Section, a distance of 621.59 feet; thence South 6 degrees 02 minutes 54 seconds West, a distance of 329.61 feet to a point on the south line of the north 10 acres of the Northeast Quarter of the Northeast Quarter of said Section 1; thence North 87 degrees 37 minutes 06 seconds West along last said south line, a distance of 634.92 feet to a point on the west line of the Northeast Quarter of the Northeast Quarter of said Section 1; thence South 2 degrees 07 minutes 01 seconds West along last said Quarter Quarter line, a distance of 983.37 feet to the southwest corner of said Quarter Quarter Section; thence North 87 degrees 15 minutes 56 seconds West, along the north line of the Southwest Quarter of the Northeast Quarter of said Section 1, a distance of 1324.41 feet to the northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 1; thence South 2 degrees 07 minutes 16 seconds West along the west line of last said Quarter Quarter Section, a distance of 344.25 feet to a point on the northerly right-of-way line of 63rd Street, as now established; thence the following courses along the said northerly right-of-way line of 63rd Street; South 62 degrees 48 minutes 44 seconds East, a distance of 240.99 feet; thence southeasterly along a curve to the left, tangent to the last described course, having a radius of 915.37 feet, a central angle of 10 degrees 23 minutes 00 seconds, an arc distance of 165.89 feet; thence South 73 degrees 11 minutes 44 seconds East, a distance of 223.30 feet; thence southeasterly, easterly and northeasterly along a curve to the left, tangent to the last described course, having a radius of 779.02 feet, a central angle of 55 degrees 14 minutes 00 seconds, an arc distance of 750.98 feet; thence North 51 degrees 34 minutes 16 seconds East, a distance of 202.40 feet; thence northeasterly along a curve to the right, tangent to the last described course, having a radius of 613.69 feet, a central angle of 31 degrees 39 minutes 00 seconds, an arc distance of 339.00 feet; thence northeasterly easterly and southeasterly along a curve to the right, having an initial tangent bearing of North 74 degrees 39 minutes 19 seconds East, a radius of 813.94 feet, a central angle of 32 degrees 44 minutes 09 seconds, an arc distance of 465.04 feet; thence South 72 degrees 36 minutes 31 seconds East, a distance of 352.81 feet; thence North 12 degrees 41 minutes 03 seconds East, a distance of 74.86 feet; thence southeasterly along a curve to the right, having an initial tangent bearing of South 77 degrees 18 minutes 57 seconds East, a radius of 888.94 feet, a central angle of 30 degrees 41 minutes 10 seconds, an arc distance of 476.09 feet; thence South 87 degrees 23 minutes 46 seconds East, a distance of 142.90 feet to a point on the westerly right-of-way line of said Interstate Route No. 435; thence the following courses along the said westerly right-of-way line; North 7 degrees 09 minutes 59 seconds East, a distance of 574.75 feet to a point 175.00 feet right of Highway Station 555+00; thence North 15 degrees 56 minutes 48 seconds West, a distance of 452.89 feet to a point 175.00 feet right of Highway Station 550+00; thence North 23 degrees 55 minutes 36 seconds West, a distance of 310.48 feet to a point 150.00 feet right of Highway Station 546+61.30; thence North 38 degrees 17 minutes 13 seconds West, a distance of 464.38 feet to the point of beginning. Containing 2,949,578 square feet or 67.713 acres, more or less.

 

TRACT 2: All that part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 48, Range 32, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the northeast corner of said Quarter Quarter Section; thence South 2 degrees 04 minutes 10 seconds West, along the east line of said Quarter Quarter Section, a distance of 239.84 feet; thence North 87 degrees 23 minutes 46 seconds West parallel to the south line of said Quarter Quarter Section, a distance of 307.21 feet to a point on the easterly right-of-way line of Interstate Route No. 435; thence the following courses along the easterly right-of-way line of said Route No. 435; North 0 degrees 53 minutes 09 seconds West, a distance of 54.15 feet to a point 251.40 feet left of Highway Station 559+50; thence South 84 degrees 56 minutes 48 seconds East, a distance of 48.60 feet to a point 300.00 feet left of Highway Station 559+50; thence North 5 degrees 28 minutes 46 seconds East, a distance of 180.44 feet to a point on the north line of said Quarter Quarter Section; thence South 86 degrees 32 minutes 00 seconds East departing said easterly right-of-way line, along the north line of said Quarter Quarter Section, a distance of 250.80 to the point of beginning. Containing 61,765 square feet or 1.418 acres, more or less.

is hereby rezoned from District R-7.5 (Residential dash 7.5) to District M2-2 (Manufacturing 2 dash 2) as shown outlined on a map marked Section 88-20A0961, 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 is hereby approved for the above-described property to allow for continued land reclamation, quarry and excavation, installation of a concrete batch plant, and future office, commercial and warehouse development, subject to the following conditions:

 

1.                  That the developer submit a landscape plan for the development that meets the requirements of Chapter 88-425 in its entirety at the time of development of Phase 2 and Phase 3.

 

2.                  That the developer submit a signage plan for the development that meets the requirements of Chapter 88-445 in its entirety at the time of development of Phase 2 and Phase 3.

 

3.                  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, by making application under said Code for a Major Subdivision and submitting and recording a Final Plat in accordance therewith. A preliminary and final plat shall be submitted prior to any development of Phase 2.

 

4.                  That the developer submit a macro "overall" storm drainage study for the entire development area to the Land Development Division for review and acceptance prior to recording the plat for the second and third phases, showing the phasing of construction, stormwater conveyance systems, Water Quality Mitigation (including Preliminary BMP Level of Service Analysis), and phasing of required runoff mitigation all as approved by Land Development Division. That the developer submit a micro "detailed" storm drainage study for each phase of construction showing detailed calculations for stormwater and water quality mitigation and compliance with approved standards at the time of construction and with the approved Macro Study. That the developer secure permits to construct the phased storm water mitigations or improvements as required by the Land Development Division prior to issuance of a building permit.

 

5.                  That the developer must dedicate additional right of way for E. 63rd Street as required by the adopted Major Street Plan so as to provide a minimum of 50 feet as measured from the centerline, and ensure right of way dedication is free and clear of encumbrances, as required by Land Development Division.

 

6.                  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 at the time of development of Phase 2 and Phase 3.

 

7.                  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 be responsible for all costs associated with subordination activities now and in the future.

 

8.                  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.

 

9.                  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.

 

10.              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.

 

11.              That the owner/developer verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect a private system to the public sewer main and depending on adequacy of the receiving system and make other improvements as may be required at the time of the development of Phase 2 and Phase 3.

 

12.              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.

 

13.              That the developer provide sight distance information for each entrance drive connection improvements to E. 63rd Street to ensure local jurisdiction and/or minimum AASHTO adequate intersection sight distance standards are met including vertical and horizontal sight distance.

 

14.              That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

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

 

16.              That the developer grant on City approved forms, BMP 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.

 

17.              That, prior to the final plat for any development in Phases 2 or 3, the developer shall submit an updated traffic analysis for review and approval by the City of Kansas City, Missouri, (City) and MODOT to confirm that the following improvements are needed to accommodate the development as shown in Phases 2 and 3:

 

a.                   Developer will construct an eastbound left turn lane on 63rd Street at the west site driveway intersection for any development in Phases 2 and 3.

 

b.                  Developer will construct two southbound lanes for the west drive access for any development in Phases 2 and 3.

 

c.                   Developer will install a traffic signal at the intersection of the eastern drive access and 63rd Street and interconnect it to the signal at the southbound Interstate 435 ramp intersection for any development in Phases 2 and 3.

 

d.                  Developer will construct an eastbound left turn lane on 63rd Street at the east site driveway intersection for any development in Phases 2 and 3.

 

e.                   Developer will construct a westbound right turn lane on 63rd Street at the east site driveway intersection for any development in Phases 2 and 3.

 

f.                   Developer will construct two southbound lanes for the east drive access for any development in Phases 2 and 3.

 

18.              That, if the approved updated traffic analysis shows the need for further traffic improvements, developer will make such additional traffic improvements as required by the Department of Public Works based on the traffic impacts generated by the development of Phases 2 and 3.

 

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 and Development Code 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 Moan

Assistant City Attorney