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Legislation #: 090191 Introduction Date: 3/5/2009
Type: Ordinance Effective Date: 4/19/2009
Sponsor: None
Title: Approving a development plan in District GP-8 on approximately 687 acres generally located on the west side of I-29 between N.W. 97th Terrace (extended) on the south and N.W. 110th Street (extended) on the north. (13543-GP-1)

Legislation History
DateMinutesDescription
3/4/2009 Filed by the Clerk's office
3/5/2009 Referred to Planning and Zoning Committee
3/25/2009 Hold On Agenda (4/1/2009)
4/1/2009 Do Pass
4/2/2009 Assigned to Third Read Calendar
4/9/2009 Passed

View Attachments
FileTypeSizeDescription
090191.pdf Authenticated 494K AUTHENTICATED
Docket Map 13543-GP-1.pdf Maps 195K Docket Map
C013543GP1_FactSheet_02_25_09.doc Fact Sheet 100K fact sheet
C013543GP1_StaRpt_10_21_08.doc Staff Report 106K staff report

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ORDINANCE NO. 090191

 

Approving a development plan in District GP-8 on approximately 687 acres generally located on the west side of I-29 between N.W. 97th Terrace (extended) on the south and N.W. 110th Street (extended) on the north. (13543-GP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a development plan in District GP-8 (Airport and Conservation Uses) on approximately 687 acres generally located on the west side of I-29 between N.W. 97th Terrace (extended) on the south and N.W. 110th Street (extended) on the north, and more specifically described as:

A tract of land situated in the Northeast Quarter, Southeast Quarter and the Southwest Quarter of Section 26 and the Southwest Quarter and the Southeast Quarter of Section 27 and the Northeast Quarter and the Northwest Quarter of Section 34 and the Northwest Quarter and the Southwest of Section 35, all in Township 52 North, Range 34 West of the Fifth Principal Meridian in Kansas City, Platte County, Missouri, together with all of Lots 251, 252, 282, 312, 342, 343 and 344, and part of Lots 220, 221, 222, 223, 253, 283, 313, 314, 315 and 345, Kansas City International Airport, a subdivision of land according to the recorded plat thereof, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983.)

 

Commencing at the Northeast corner of the Northwest 1/4 of said Section 35; thence South 8944'36" West 30.00 feet, along the North line of the Northwest Quarter of said Section 35, to a point being on the West right-of-way line of North Amity Avenue, as now established, to the true point of beginning; thence South 8944'36" West 300.00 feet, along said North line; thence South 0032'24" West 200.00 feet, along a line 300.00 feet West of and parallel with the said West right-of-way line; thence North 8944'36" East 300.00 feet, along a line 200.00 feet South of and parallel with said North line, to a point on said West right-of-way line; thence South 0032'24" West 2,447.23 feet along said West right-of-way line; thence South 0031'49" West 1,324.38 feet, along said West right-of-way line, to a point on the South line on the North One-half of the Southwest Quarter of said Section 35; thence South 8939'39" West 2,602.72 feet, along said South line, to the Southwest corner of the North One-half of the Southwest Quarter of said Section 35; thence North 0016'25" East 1,322.28 feet, along the West line of the North One-half of the Southwest Quarter of said Section 35, to the Southeast corner of the Northeast Quarter of said Section 34; thence South 8958'41" West 2,620.21 feet, along the South line of the Northeast Quarter of said Section 34, to the Southeast corner of the Northwest Quarter of said Section 34; thence South 8937'24" West 526.93 feet along the South line of the Northwest Quarter of said Section 34; thence North 0657'05" East 4,366.42 feet; thence South 8343'53" East 5,319.27 feet, to a point on the West line of the Southeast Quarter of said Section 26; thence North 4926'44" East 359.18 feet; thence North 8947'34" East 474.64 feet; thence North 0619'55" East 1,240.14 feet; thence North 6030'45" East 497.57 feet, to a point being on the Southwesterly right-of-way line of N.W. Prairie View Road, as now established, and the Southwesterly right-of-way line of Interstate Highway No. 29, as now established; thence South 2928'46" East 77.09 feet along said Southwesterly right-of-way line; thence North 6031'14" East 5.00 feet along said Southwesterly right-of-way line; thence South 2928'46" East 1,827.34 feet along said Southwesterly right-of-way line; thence South 8945'15" West 34.38 feet along said Southwesterly right-of-way line; thence South 2928'46" East 660.52 feet along said Southwesterly right-of-way line, to the Northeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 859 at Page 75; thence South 8944'40" West 388.45 feet, along the North line of said certain tract of land conveyed by Warranty Deed recorded in Book 859 at Page 75, to the Northwest corner of said certain tract of land conveyed by Warranty Deed recorded in Book 859 at Page 75; thence South 0014'37" East 525.10 feet, along the West line of said certain tract of land conveyed by Warranty Deed recorded in Book 859 at Page 75, to a point being on the North right-of-way line of N.W. 104th Street, as now established; thence South 8944'40" West 2,168.51 feet, along said North right-of-way line, to a point on the East line of the Southwest Quarter of said Section 26; thence South 8944'36" West 30.00 feet, along said North right-of-way line, to a point being on the West right-of-way line of said North Amity Avenue; thence South 0016'32" West 30.00 feet, along said West right-of-way line, to the true point of beginning of the parcel herein described, containing 29,920,182 square feet or 686.87 acres, more or less. Subject to all easements and restrictions of record.

 

is hereby approved, subject to the following conditions:

 

1.                  That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance prior to approval and issuance of any building permits, with a micro "detailed" storm drainage study to be submitted for each phase prior to approval and issuance of any building permits, and that the developer construct any improvements as required by Development Services prior to issuance of a certificate of occupancy.

 

2.                  That the developer dedicate additional right of way by general warranty deed for a collector street as required by Development Services so as to provide a minimum of 30 feet of right of way as measured from the centerline of N. Amity Avenue, prior to issuance of a certificate of occupancy for any buildings within Phase I.

 

3. That the developer enter into an unsecured deferral agreement, prior to issuance of a certificate of occupancy for any buildings within Phase I, for improvement of the west one-half of N. Amity Avenue to collector standards as required by Development Services, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities, when any adjacent property constructs similar improvements.

 

4. That the developer enter into an unsecured deferral agreement, prior to issuance of a certificate of occupancy for any buildings within Phase I, for improvement of the north one-half of N.W. 104th Street to collector standards as required by Development Services, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities, when any adjacent property constructs similar improvements.

 

5. That the developer design and construct all interior streets to City standards as required by the Aviation Department and the Building Official, including curb and gutter, storm sewers, streetlights, and sidewalks.

 

6. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

7. That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

8. That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to issuance of a certificate of occupancy for any buildings within Phase I or II.

 

9. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

 

10. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

11. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots/pad sites and determine adequacy as required by Development Services.

 

12. That the developer provide a storm water conveyance system to serve all proposed lots/pad sites within the development and determine adequacy as required by Development Services.

 

13. That the developer grant a BMP Easement to the City as required by Development Services.

 

14. That the developer grant ingress/egress easements across private streets within the development as required by Development Services

 

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

 

16. That the developer construct no structure which exceeds the KCIA height zoning restrictions.

 

17. That the developer submit a final GP plan to the City Plan Commission for approval, including plans for landscaping, signage, grading, building elevations and photometric study showing zero footcandles at the property lines.

 

18. That the developer make the following improvements and abide by the following criteria as required by the traffic study and as required by Public Works, Development Services, or Parks and Recreation as applicable:

 

a.                   That the number of trips generated by the various buildings and phases of the development shall not exceed the following trip budget maximums:

 

PHASE AM Trip PM Trip

Budget Budget

 

Phase 1 Building D Only 210 230

Phase 1 (All Buildings) 760 810

Full Build-out of Development 2,280 2,430

 

b.                  That the Phases and Buildings referenced herein in the trip budgets are as identified on the development plan.

 

c.                   That said trip budgets are defined as the maximum total number of AM and PM peak hourly traffic that is generated by and enters or exits the associated development, phase, or building. The number of trips generated by the development, phase, or building shall be determined in accordance with the most recent editions of Trip Generation and Trip Generation Handbook published by the Institute of Transportation Engineers (ITE). Only development-generated vehicle trips that have an origin or destination external to the development will be counted; no pass-by or trips internal to the development will be counted.

 

d.                  That upon requesting and prior to obtaining each and every building construction permit within the development from the City, the developer shall submit to the Public Works Department for review and written consent a summary of the total trip budget already used prior to the requested building permit, a study estimating the expected number of vehicle-trips generated by the requested building in accordance with the methodology of the ITE's Trip Generation and Trip Generation Handbook, and a summary of the total trip budget that would be used after full occupancy of the building for which the building permit is being requested.

 

e.                   That when reviewing a request for a building construction permit, if in the opinion of the Public Works Department the use of any building that has been constructed or for which a building construction permit is being requested is such that it is expected to generate different numbers of trips than can accurately be estimated using the ITE's Trip Generation and Trip Generation Handbook, the Public Works Department may, at its sole discretion, require the developer to submit for review and consent a study of driveway counts or trip generation of other similarly used and fully occupied buildings or developments. Upon the Public Works Department's written consent of said study, the developer and Public Works Department shall apply the revised number of trips towards the utilization of the trip budget. The developers failure to obtain said consent shall be grounds for denial of the building permit request.

 

f.                    That when submitting a request for a building construction permit, if in the opinion of the developer the use of any building that has been constructed or for which a building construction permit is being requested is such that it is expected to generate different numbers of trips than can accurately be estimated using the ITE's Trip Generation and Trip Generation Handbook, the developer may request a variance of the trip generation numbers for the building by submitting to the Public Works Department for review and consent a study of driveway counts or trip generation of other similarly used and fully occupied buildings or developments. Upon the Public Works Department's written consent of said study, the developer and Public Works Department shall apply the revised number of trips towards the utilization of the trip budget.

 

g.                   That the developer update the traffic study, trip budgets, and development plan prior to requesting or obtaining any building construction permits for any building that would result in the total number of trips, calculated in accordance with Sections 18 d, e & f above, exceeding the trip budget for Full Buildout of Development as specified in Section (18a) above, or that includes facilities for direct loading or unloading from aircraft. If any building for which building construction permits are requested includes facilities for direct loading or unloading from aircraft then the updated traffic study shall include a study of driveway counts or trip generation of similarly used and fully occupied buildings with facilities for direct loading or unloading from aircraft. The traffic study shall analyze both AM and PM peak hour traffic demand, identify improvements which will be required in order to maintain a level of service D or better, and update the trip budgets. The developer shall submit the updated traffic study to the Public Works Department for review and acceptance prior to requesting or obtaining said building construction permit.

 

h.                   That the City dedicate right-of-way along the development frontage and within the developments properties so as to accommodate all improvements on state right-of-way, as required by the Missouri Department of Transportation (MODOT).

 

i.                     That the developer obtain permits from MODOT for all work within state right-of-way.

 

j.                    That prior to the developer requesting or obtaining the first building certificate of occupancy, the developer construct the intersection of eastbound Continental Drive with N.W. Prairie View Road so as to provide separate eastbound left-turn and right-turn lanes on Continental Drive and separate northbound left-turn and southbound right-turn lanes on N.W. Prairie View Road all with minimum storage lengths of 150 feet plus appropriate tapers, or construct such alternative improvement of equal or lower cost as may be required by MODOT.

 

k.                  That prior to the developer requesting or obtaining a building construction permit or certificate of occupancy for any building that would result in the total number of trips, calculated in accordance with Sections 18 d, e & f above, exceeding 90 trips in the AM peak hour or 40 trips in the PM peak hour, traffic signals shall be installed at the intersection of N.W. Prairie View Road with N.W. Tiffany Springs Parkway and the inside through-lanes on Tiffany Springs Parkway shall be restriped as left-turn lanes, provided that traffic signal warrants are satisfied, or alternatively, such alternative improvement of equal or less cost as is required by MODOT shall be constructed.

 

l.                     That prior to obtaining a building occupancy permit for any building that would result in the total number of trips, calculated in accordance with Sections 18 d, e & f above, exceeding 400 trips in the PM peak hour, traffic signals shall be installed at the intersection of N.W. Tiffany Springs Parkway with the Interstate-29 southbound ramps, provided that traffic signal warrants are satisfied, or alternatively, such alternative improvement of equal or less cost as is required by MODOT shall be constructed.

 

m.                 That prior to obtaining a building occupancy permit for any building that would result in the total number of trips, calculated in accordance with Sections 18 d, e & f above, exceeding 1,000 trips in the AM peak hour or 1,100 trips in the PM peak hour, N.W. Tiffany Springs Parkway shall be extended westward as a parkway with a minimum 4-lane section plus turn lanes from N.W. Prairie View Road to intersect with Continental Drive; N. Amity Road shall be realigned to intersect with N.W. Tiffany Springs Parkway at Continental Drive; Continental Drive shall be extended to N.W. Tiffany Springs Parkway; the intersection of N.W. Tiffany Springs Parkway, N. Amity Road, and Continental Drive shall be constructed so as to provide westbound left-turn and right-turn lanes on N.W. Tiffany Springs Parkway all with 150 feet of storage plus appropriate tapers; and N. Amity Road between MO-152 and N.W. Tiffany Springs Parkway shall be widened to provide at least a two-lane cross-section with a minimum pavement width of 22 feet.

 

n.                   That prior to obtaining a building occupancy permit for any building that would result in the total number of trips, calculated in accordance with Sections 18 d, e & f above, exceeding 1,500 trips in the AM peak hour or 1,500 trips in the PM peak hour, Global Parkway shall be constructed with an intersection at Continental Drive; traffic signals shall be installed at the intersection of N.W. Tiffany Springs Parkway with Continental Drive and N. Amity Road at such time as they are warranted or, alternatively, a roundabout shall be constructed as required by the Department of Parks and Recreation; N. Amity Road between MO-152 and N.W. Tiffany Springs Parkway shall be improved to a minimum of primary arterial two-lane cross-section; interchange improvements at I-29 and N.W. Tiffany Springs Parkway necessary to mitigate the development's traffic impact shall be constructed as determined by MODOT; westbound right-turn and southbound left-turn lanes all with a minimum of 150 feet of storage plus appropriate taper shall be added to the intersection of N. Amity Road with the eastbound MO-152 ramps; traffic signals shall be installed at the intersection of N. Amity Road with the eastbound MO-152 ramps at such time as they are warranted.

 

o.                  That prior to obtaining a building occupancy permit for any building that would result in the total number of trips, calculated in accordance with Sections 18 d, e & f above, exceeding 1,500 trips in the AM peak hour or 1,500 trips in the PM peak hour, the City shall dedicate all right-of-way associated with Tiffany Springs Parkway and Amity Road south of Tiffany Springs Parkway, that is required for all improvements required under Section (18.n.) above that are within any of the properties that are within the development plan.

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is 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:

 

 

_______________________________

M. Margaret Sheahan Moran

Assistant City Attorney