ORDINANCE NO. 190568

Approving an expansion of a previously approved development plan in District AG-R by adding about 1,171.87 acres to the plan area, for a total area of 2,801 acres, generally located south of Highway 92, north of N.W. 128th Street on either side of N. Winan Ave, N. Mexico City Avenue and N.W. Interurban Road, to allow a rock quarry including rock crushing and an asphalt plant. (CD-CPC-2019-00085).

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an expansion of a previously approved development plan in District AG-R (Agriculture-Residential) by adding about 1,171.87 acres to the plan area, for a total area of 2,801 acres, generally located south of Highway 92, north of N.W. 128th Street on either side of N. Winan Ave, N. Mexico City Avenue and N.W. Interurban Road, to allow a rock quarry including rock crushing and an asphalt plant, for the property legally described as follows:

All that part of the South Half of Section 35 and the Southwest Quarter of Section 36, Township 53 North, the West Half of Section 1, Section 2, the Southeast Quarter of Section 3, Section 11, and the West Half of Section 12, Township 52 North, Range 34 West of the 5th Principal Meridian, in Kansas City, Platte County, Missouri, being bounded and described as follows:

Beginning at the Southwest corner of the Southwest Quarter of said Section 2; thence North 00 degrees 33 minutes 13 seconds East, along the West line of said Southwest Quarter, 1,439.33 feet; thence North 78 degrees 54 minutes 11 seconds West, 286.50 feet; thence South 04 degrees 52 minutes 28 seconds East, 233.23 feet; thence South 89 degrees 23 minutes 35 seconds West, 1,044.18 feet; thence North 00 degrees 29 minutes 54 seconds East, 1,385.86 feet to a point on the North line of the Southeast Quarter of said Section 3; thence North 89 degrees 33 minutes 36 seconds East, along said North line, 1,305.10 feet to the Southwest corner of the Northwest Quarter of said Section 2; thence North 89 degrees 57 minutes 45 seconds East, along the South line of said Northwest Quarter, 35.00 feet to a point on the Easterly right-of-way line of Missouri State Route “O”, as now established; thence North 00 degrees 21 minutes 32 seconds East, along said Easterly right-of-way line, 1,910.05 feet; thence North 00 degrees 41 minutes 32 seconds East, along said Easterly right-of-way line, 567.50 feet; thence North 50 degrees 19 minutes 40 seconds East, along said Easterly right-of-way line, 52.46 feet to a point on the Southerly right-of-way line of Missouri Highway 92, as now established; thence North 89 degrees 56 minutes 40 seconds East, along said Southerly right-of-way line, 1,483.18 feet; thence Northeasterly, continuing along said Southerly right-of-way line, along a curve to the left being tangent to the last described course with a radius of 1,472.39 feet, a central angle of 30 degrees 42 minutes 41 seconds and an arc distance of 789.22 feet to a point on the Northerly City Limits Line of Kansas City, Missouri; thence South 89 degrees 50 minutes 35 seconds East, along said Northerly City Limits Line, 367.30 feet; thence North 89 degrees 59 minutes 35 seconds East, along said Northerly City Limits Line, 2,624.13 feet; thence South 89 degrees 42 minutes 02 seconds East, along said Northerly City Limits Line, 78.92 feet; thence North 01 degrees 23 minutes 36 seconds East, along said Northerly City Limits Line and parallel with the West line of the Southwest Quarter of said Section 36, 550.00 feet; thence South 89 degrees 42 minutes 02 seconds East, along said Northerly City Limits Line and parallel with the South line of said Southwest Quarter, 275.00 feet; thence South 01 degrees 23 minutes 36 seconds West, along said Northerly City Limits Line and parallel with the West line of said Southwest Quarter, 550.00 feet; thence South 89 degrees 42 minutes 02 seconds East, along said Northerly City Limits Line, 2,297.12 feet to a point on the Northerly prolongation of the East line of the Northwest Quarter of said Section 1; thence South 00 degrees 27 minutes 50 seconds West, along said East line and its Northerly prolongation, 2,757.33 feet to the Southeast corner of said Northwest Quarter; thence South 00 degrees 27 minutes 14 seconds West, along the East line of the Southwest Quarter of said Section 1, 327.63 feet; thence North 89 degrees 19 minutes 46 seconds West, 1,329.83 feet to a point on the East line of the West Half of said Southwest Quarter; thence South 00 degrees 32 minutes 40 seconds West, along said East line, 2,295.90 feet to a point on the South line of said Southwest Quarter; thence North 89 degrees 46 minutes 26 seconds West, along said South line, 1,333.13 feet to the Southwest corner of said Southwest Quarter; thence South 00 degrees 30 minutes 19 seconds West, along the East line of the Northeast Quarter of said Section 11, 2,082.65 feet to a point on the Centerline of Interurban Road, as established in Book 1057, at page 618, in the office of the Recorder of Deeds of said Platte County, Missouri; thence North 36 degrees 28 minutes 04 seconds West, along said Centerline, 482.63 feet; thence North 53 degrees 25 minutes 07 seconds East, 40.37 feet to a point on the Easterly right-of-way line of said Interurban Road; thence North 37 degrees 24 minutes 26 seconds West, along said Easterly right-of-way line, 137.39 feet; thence North 24 degrees 42 minutes 10 seconds West, continuing along said Easterly right-of-way line, 297.17 feet; thence North 29 degrees 07 minutes 30 seconds West, continuing along said Easterly right-of-way line, 250.25 feet; thence North 38 degrees 26 minutes 34 seconds West, continuing along said Easterly right-of-way line, 89.04 feet; thence North 29 degrees 47 minutes 23 seconds West, continuing along said Easterly right-of-way line, 51.81 feet; thence North 21 degrees 56 minutes 15 seconds West, continuing along said Easterly right-of-way line, 95.34 feet; thence North 16 degrees 34 minutes 25 seconds West, continuing along said Easterly right-of-way line, 101.85 feet; thence North 26 degrees 33 minutes 25 seconds West, continuing along said Easterly right-of-way line, 55.96 feet; thence North 35 degrees 41 minutes 45 seconds West, continuing along said Easterly right-of-way line, 56.60 feet; thence North 21 degrees 33 minutes 01 seconds West, continuing along said Easterly right-of-way line, 237.40 feet; thence North 43 degrees 14 minutes 59 seconds East, continuing along said Easterly right-of-way line, 36.71 feet; thence North 26 degrees 17 minutes 42 seconds West, continuing along said Easterly right-of-way line, 26.89 feet; thence North 28 degrees 28 minutes 04 seconds West, continuing along said Easterly right-of-way line, 113.87 feet; thence North 22 degrees 44 minutes 39 seconds West, continuing along said Easterly right-of-way line, 139.52 feet; thence North 17 degrees 06 minutes 02 seconds West, continuing along said Easterly right-of-way line, 60.87 feet; thence North 13 degrees 06 minutes 52 seconds West, continuing along said Easterly right-of-way line, 40.58 feet; thence North 21 degrees 19 minutes 51 seconds West, continuing along said Easterly right-of-way line, 31.66 feet; thence Northerly, continuing along said Easterly right-of-way line, along a curve to the right having an initial tangent bearing of North 12 degrees 09 minutes 38 seconds West with a radius of 1,867.86 feet, a central angle of 01 degrees 41 minutes 00 seconds and an arc distance of 54.88 feet to a point on the North line of said Northeast Quarter; thence South 89 degrees 41 minutes 39 seconds East, along said North line, 564.51 feet; thence North 00 degrees 18 minutes 07 seconds East, 718.65 feet; thence North 89 degrees 41 minutes 53 seconds West, 571.20 feet; thence North 06 degrees 59 minutes 36 seconds East, 539.76 feet; thence North 89 degrees 46 minutes 15 seconds West, 335.50 feet; thence South 00 degrees 34 minutes 40 seconds West, 1,254.27 feet to a point on said North line; thence South 89 degrees 41 minutes 39 seconds East, along said North line, 239.61 feet to a point on said Centerline of Interurban Road; thence Southerly, along said Centerline, along a curve to the left having an initial tangent bearing of South 06 degrees 25 minutes 45 seconds East with a radius of 2,864.90 feet, a central angle of 28 degrees 35 minutes 07 seconds and an arc distance of 1,429.32 feet; thence South 54 degrees 59 minutes 08 seconds West, 33.00 feet to a point on the Westerly right-of-way line of said Interurban Road; thence South 01 degrees 25 minutes 38 seconds West, along said Westerly right-of-way line, 31.07 feet; thence South 36 degrees 33 minutes 09 seconds East, continuing along said Westerly right-of-way line, 91.87 feet; thence South 43 degrees 56 minutes 06 seconds East, continuing along said Westerly right-of-way line, 138.62 feet; thence North 53 degrees 31 minutes 56 seconds East, 33.00 feet to a point on the said Centerline of Interurban Road; thence South 36 degrees 28 minutes 04 seconds East, along said Centerline, 2,907.86 feet to a point on the East line of the West Half of the Southwest Quarter of said Section 12; thence South 00 degrees 28 minutes 38 seconds West, along said East line, 1,428.53 feet to the Southeast corner of said West Half; thence North 89 degrees 46 minutes 48 seconds West, along the South line of said Southwest Quarter, 1,331.68 feet to the Southeast corner of the Southeast Quarter of said Section 11; thence North 89 degrees 50 minutes 34 seconds West, along the South line of said Southeast Quarter, 2,654.53 feet to the Southeast corner of the Southwest Quarter of said Section 11; thence South 89 degrees 40 minutes 48 seconds West, along the South line of said Southwest Quarter, 2,606.66 feet to a point on the Easterly right-of-way line of said Missouri Highway “O”; thence North 00 degrees 35 minutes 28 seconds East, along said Easterly right-of-way line, 1,097.18 feet; thence North 00 degrees 47 minutes 28 seconds East, continuing along said Easterly right-of-way line, 812.14 feet; thence North 03 degrees 39 minutes 13 seconds East, continuing along said Easterly right-of-way line, 100.12 feet; thence North 00 degrees 47 minutes 28 seconds East, continuing along said Easterly right-of-way line, 58.55 feet; thence North 00 degrees 04 minutes 28 seconds East, continuing along said Easterly right-of-way line, 191.94 feet; thence North 02 degrees 47 minutes 17 seconds West, continuing along said Easterly right-of-way line, 100.12 feet; thence North 00 degrees 04 minutes 28 seconds East, continuing along said Easterly right-of-way line, 4.73 feet; thence North 00 degrees 39 minutes 28 seconds East, continuing along said Easterly right-of-way line, 894.03 feet; thence North 00 degrees 37 minutes 28 seconds East, continuing along said Easterly right-of-way line, 1,642.63 feet; thence North 00 degrees 33 minutes 28 seconds East, continuing along said Easterly right-of-way line, 397.56 feet to a point on the South line of the Northwest Quarter of said Section 11; thence South 89 degrees 51 minutes 57 seconds West, along said South line, 35.10 feet to the point of beginning. Containing 70,947,893 square feet or 1,629 acres, more or less.

AND

A tract of land in the Northeast Quarter, the West Half of the Southeast Quarter and Southwest Quarter of Section 3; the Southeast Quarter of Section 4; the Northeast Quarter, and the Northeast 1/4 of the Northwest Quarter of Section 9; the Northeast Quarter, the Southeast Quarter and the Southwest Quarter of Section 10, all in Township 52 North, Range 34 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 10, (said point also being the Southwest corner of Southwest Quarter of Section 2, Township 52 North, Range 34 West, said point being noted for reference purposes only); thence South 89 degrees 49 minutes 32 seconds West, along the North line of said Northeast Quarter, 35.00 feet to the point of beginning of the tract of land to be herein described, said point being on the Westerly right of way line of Missouri State Route O (N. Winan Road) as established by Document 28603, in Book 195, at page 329; thence South 00 degrees 33 minutes 24 seconds West, along said Westerly right of way line, 396.36 feet; thence South 00 degrees 37 minutes 24 seconds West, along said Westerly right of way line, 1,642.56 feet; thence South 00 degrees 39 minutes 24 seconds West, 766.59 feet to a point on the Northerly right of way line of N.W. 132nd Street as established by Document 49132, in Book 711, at page 502; thence continuing South 00 degrees 39 minutes 24 seconds West along said Westerly right of way line, 80.01 feet to a point on the Southerly right of way line of said N.W. 132nd Street as established by said Document 49132, in Book 711, at page 502; thence continuing South 00 degrees 39 minutes 24 seconds West along said Westerly right of way line, 47.78 feet; thence South 00 degrees 04 minutes 24 seconds West along said Westerly right of way line, 5.08 feet; thence South 02 degrees 56 minutes 09 seconds West along said Westerly right of way line, 100.12 feet; thence South 00 degrees 14 minutes 24 seconds West along said Westerly right of way line, 249.50 feet; thence South 02 degrees 04 minutes 21 seconds East along said Westerly right of way line, 100.12 feet; thence South 00 degrees 47 minutes 24 seconds West along said Westerly right of way line, 812.26 feet; thence South 00 degrees 35 minutes 24 seconds West along said Westerly right of way line, 1,098.16 feet to a point on the South line of the Southeast Quarter of said Section 10, said point also being the Northeast corner of Solid Rock Ministries, a subdivision of land in said Kansas City, Platte County, Missouri; thence North 89 degrees 53 minutes 55 seconds West, along the South line of said Southeast Quarter and along the North line of said subdivision plat, 1994.26 feet to the Northwest corner of said subdivision plat and a point on the Northeasterly right of way line of Interstate Highway No. 29 as established by Section 15.10 of the Report of Commissioners, Case No. C-74-571, recorded August 14, 1975 in Book 470 at page 105; thence North 68 degrees 15 minutes 09 seconds West along said Northeasterly right of way line, 627.99 feet to a point on the West line of the Southeast Quarter of said Section 10 and on the East line of the Southwest Quarter of said Section 10; thence continuing North 68 degrees 15 minutes 09 seconds West along said Northeasterly right of way line, 40.61 feet; thence North 55 degrees 59 minutes 59 seconds West along said Northeasterly right of way line, 900.00 feet; thence North 57 degrees 11 minutes 32 seconds West along said Northeasterly right of way line, 738.20 feet; thence North 53 degrees 50 minutes 15 seconds West along said Northeasterly right of way line, 253.46 feet a point on the Easterly right of way line of Mexico City Avenue as established by Section 15.09 of the Report of Commissioners, Case No. C-74-571, recorded August 14, 1975 in Book 470 at page 105; thence North 08 degrees 50 minutes 45 seconds East along said Easterly right of way line, 1030.51 feet; thence North 05 degrees 28 minutes 00 seconds East along said Easterly right of way line, 110.27 feet to the Southwest corner of a triangle shaped tract of land recorded July 28, 2011 as Document No. 2011008427, in Book 1176, at page 853; thence North 62 degrees 00 minutes 59 seconds East along the Southeasterly line of last said tract of land, 80.00 feet; thence North 34 degrees 54 minutes 56 seconds East along the Southeasterly line of last said tract of land, 73.04 feet to a point on the Southeasterly right of way line of said Mexico City Avenue as established by General Warranty Deed recorded November 18, 1997 as Document 49133, in Book 711 at page 503; thence North 89 degrees 27 minutes 30 seconds East along said Southeasterly right of way line of Mexico City Avenue as established by the last said right of way document, 110.53 feet; thence North 00 degrees 32 minutes 30 seconds West along said Southeasterly right of way line of Mexico City Avenue per the last said right of way document, 20.00 feet to a point on the Southerly right of way line of N.W. 132nd Street as established by aforesaid Document 49132, in Book 711 at page 502, said line also being 80.00 feet Southerly of and parallel with the North line of the Southwest Quarter of said Section 10; thence North 89 degrees 27 minutes 30 seconds East, along said Southerly right of way line and along said parallel line, 1227.97 feet to a point on the East line of the Southwest Quarter of said Section 10 and on the West line of the Southeast Quarter of said Section 10; thence North 00 degrees 15 minutes 54 seconds East, along last said West and East lines, 80.01 feet to the Center of said Section 10; thence North 00 degrees 28 minutes 01 seconds East, along the West line of the Northeast Quarter of said Section 10, 2648.03 feet to the Northwest corner of the Northeast Quarter of said Section 10 and the Northeast Corner of the Northwest Quarter of said Section 10, said point also being the Southeast corner of the Southwest Quarter of said Section 3; thence South 89 degrees 12 minutes 28 seconds West, along the South line of the Southwest Quarter of said Section 3, 2636.90 feet to the Southwest corner of said Section 3, said point also being the Northeast corner of the Northeast Quarter of said Section 9; thence South 00 degrees 14 minutes 22 seconds West, along the East line of the Northeast Quarter of said Section 3, 2636.33 feet to the Southeast corner of the Northeast Quarter of said Section 9, said point also being the Northeast corner of the Southeast Quarter of said Section 9; thence South 00 degrees 14 minutes 22 seconds West, along the East line of the Southeast Quarter of said Section 9, 120.06 feet to a point on the Northeasterly right of way line of aforesaid Interstate Highway No. 29 as established by Section 15.10 of the Report of Commissioners, Case No. C-74-571, recorded August 14, 1975 in Book 470 at page 105; thence South 85 degrees 25 minutes 25 seconds West along said Northeasterly right of way line, 87.86 feet; thence South 01 degrees 26 minutes 46 seconds East along said Northeasterly right of way line, 129.95 feet; thence South 86 degrees 37 minutes 56 seconds West along said Northeasterly right of way line, 190.57 feet; thence North 71 degrees 17 minutes 55 seconds West along said Northeasterly right of way line, 393.99 feet; thence North 42 degrees 20 minutes 05 seconds West along said Northeasterly right of way line, 247.26 feet; thence North 68 degrees 56 minutes 32 seconds West along said Northeasterly right of way line, 371.27 feet; thence North 54 degrees 58 minutes 22 seconds West along said Northeasterly right of way line, 1781.37 feet; thence North 57 degrees 38 minutes 50 seconds West along said Northeasterly right of way line, 750.16 feet; thence North 52 degrees 51 minutes 17 seconds West along said Northeasterly right of way line, 250.49 feet; thence North 60 degrees 59 minutes 37 seconds West along said Northeasterly right of way line, 200.63 feet; thence North 54 degrees 58 minutes 03 seconds West along said Northeasterly right of way line, 409.55 feet to a point on the West line of the Northeast Quarter of the Northwest Quarter of said Section 9; thence North 00 degrees 16 minutes 43 seconds West along the West line of the Northeast Quarter of the Northwest Quarter of said Section 9, 508.36 feet to the Northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9, thence North 88 degrees 56 minutes 23 seconds East along the North line of the Northwest Quarter of said Section 9, 1,335.60 feet to the Northeast corner of the Northwest Quarter of said Section 9, said point also being the Southwest corner of the Southeast Quarter of said Section 4; thence North 00 degrees 05 minutes 55 seconds East along the West line of the Southeast Quarter of said Section 4, 2,637.33 feet to the Northwest corner of the Southeast Quarter of said Section 4; thence North 89 degrees 33 minutes 46 seconds East along the North line of the Southeast Quarter, 2660.58 feet to the Northeast corner of said Northeast Quarter of said Section 9, said point also being the Northwest corner of the Southwest Quarter of said Section 3 and the Southwest corner of the Northwest Quarter of said Section 3; thence North 89 degrees 14 minutes 49 seconds East along the South line of the Northwest Quarter of said Section 3, 1317.14 feet to the Southwest corner of the East half of the Northwest Quarter of said Section 3; thence North 00 degrees 29 minutes 51 seconds East, along the West line of the East Half of the Northwest Quarter of said Section 3, 2532.83 feet to a point on the Southerly right of way line of Missouri State Highway No. 92 as established in Book 3 at page 68; thence North 89 degrees 35 minutes 08 seconds East, along said Southerly right of way line, 1323.55 feet to a point on the East line of the Northwest Quarter of said Section 3, said point also being on the West line of the Northeast Quarter of said Section 3; thence North 89 degrees 35 minutes 08 seconds East, along said Southerly right of way line, 1035.70 feet; thence North 89 degrees 58 minutes 08 seconds East, along said Southerly right of way line 1566.75 feet to the intersection of the Westerly right of way line of Missouri State Route O (N. Winan Road) as established in Book 195, at page 394; thence South 00 degrees 54 minutes 19 seconds West along said Westerly right of way line, 14.31 feet; thence South 07 degrees 27 minutes 39 seconds East along said Westerly right of way line, 34.37 feet; thence South 00 degrees 54 minutes 19 seconds West along said Westerly right of way line, 567.70 feet; thence South 00 degrees 34 minutes 19 seconds West along said Westerly right of way line, 1,897.34 feet to a point on the South line of the Northeast Quarter of said Section 3 and a point on the North line of the Southeast Quarter of said Section 3; thence South 89 degrees 33 minutes 30 seconds West along the South line of the Northeast Quarter of said Section 3 and along the North line of the Southeast Quarter of said Section 3, 1286.15 feet to the Northeast Corner of the West Half of the Southeast Quarter of said Section 3; thence South 00 degrees 29 minutes 44 seconds West along the East line of the West Half of the Southeast Quarter of said Section 3, 2640.67 feet to the Southeast corner of West Half of the Southeast Quarter of said Section 3 and the Southwest corner of the East Half of the Southeast Quarter of said Section 3, said point also being on the North line of the Northeast Quarter of said Section 10; thence North 89 degrees 49 minutes 32 seconds East, along the South line of the East Half of the Southeast Quarter of said Section 3 and along the North line of the Northeast Quarter of said Section 10, 1283.45 feet to the point of beginning. Containing 51,046,536 square feet or 1,171.87 acres, more or less.

is hereby approved, subject to the following conditions:

1.                  The developer shall 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.

2.                  The developer shall comply with the Kansas City International Airport height zoning restrictions and that no structure in this area be constructed which exceeds these restrictions.

3.                  At such time as developer conducts land disturbance activities to install any additional air shafts for the mining operations, the developer shall submit a storm drainage study limited to the area of disturbance for the air shafts prepared by a Missouri licensed civil engineer to the Land Disturbance Division showing compliance with current adopted standards in effect at the time of submission, including Water Quality BMP’s, for review and acceptance. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume and quality of runoff (10% and 1% rain events at a minimum) on adjacent property prior to a building permit for the air shafts.

4.                  The developer shall submit a final stream buffer plan to the Land Development Division for approval prior to any construction activities which include removal of any mature riparian species within the buffer zones due to construction activities on the site in accordance with Section 88-415.

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 law 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.

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Secretary, City Plan Commission

Approved as to form and legality:

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Sarah Baxter

Assistant City Attorney