File #: 230500    Version: Name:
Type: Ordinance Status: Passed
File created: 6/8/2023 In control: Council
On agenda: 6/15/2023 Final action: 6/15/2023
Title: Sponsor: Councilmember Kevin O'Neill Rezoning a tract of land of about 280 acres generally located at the terminus of Tiffany Springs Parkway, west of I-29 extending to N. Amity Avenue from Districts M2-3 and B3-3 to District M2-3 and approving a development plan which also serves as a preliminary plat to allow for about 3.7 million square foot of office warehouse development, on 7 lots in 3 phases. (CD-CPC-2023-00044 & CD-CPC-2023-00045).
Sponsors: Kevin O'Neill
Attachments: 1. Ord. No. 230500 Docket Memo, 2. 05_CD-CPC-2023-00044&00045_CPCStaffRpt_05_16_23, 3. 230500.Authenticated Ordinance C.S., A.A., 4. 230500.Authenticated Ordinance C.S., A.A.

committeesub

[COMMITTEE SUBSTITUTE FOR] ORDINANCE NO. 230500

 

title

Sponsor:  Councilmember Kevin O’Neill

 

Rezoning a tract of land of about 280 acres generally located at the terminus of Tiffany Springs Parkway, west of I-29 extending to N. Amity Avenue from Districts M2-3 and B3-3 to District M2-3 and approving a development plan which also serves as a preliminary plat to allow for about 3.7 million square foot of office warehouse development, on 7 lots in 3 phases.  (CD-CPC-2023-00044 & CD-CPC-2023-00045).

 

body

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 88-20A-1398, rezoning an area of approximately 22.73 acres generally located at 8201 NW Tiffany Springs Parkway, and 7900 N.W. 101st Ter from Districts M2-3 (Manufacturing 2 (dash 3)) and B3-3 (Community Business (Dash 3)) to District M2-3 Manufacturing 2 (Dash 3), said section to read as follows:

 

Section 88-20A-1398.  That an area legally described as:

 

Platte County Parcel ID: 17-7.0-36-000-008-002.000 and 17-7.0-36-000-009-002.000 and 17-7.0-36-000-010-007.000

 

All that part of the Northwest Quarter and all that part of the Southwest Quarter of Section 36, Township 52, Range 34, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Southwest corner of the North One-Half of the Southwest Quarter of said Section 36; thence North 0 degrees 30 minutes 21 seconds East along the West line of said Southwest Quarter 1,326.34 feet to the Northwest corner of said Southwest Quarter, said point being also the Southwest corner of the Northwest Quarter of said Section 36; thence North 0 degrees 30 minutes 59 seconds East along the West line of said Northwest Quarter, 1,323.47 feet to the Northwest corner of the South One-Half of said Northwest Quarter, said point being also the Northwest corner of Lot 1, Block 1, Tiffany Springs Industrial Park and Office Center; thence South 89 degrees 38 minutes 07 seconds East along the North line of said Lot 1, 504.11 feet; thence South 0 degrees 21 minutes 41 seconds West along the East line of said Lot 1, 379.79 feet to the Southeast corner of said Lot 1; thence Southeasterly along the Southerly line of Lot 2, Tiffany Springs Industrial Park and Office Center, on a curve to the Right, having an initial tangent bearing of South 64 degrees 06 minutes 39 seconds East, a radius of 858.51 feet, an arc distance of 196.23 feet to the most Westerly corner of Lot 3, Block 1, Tiffany Springs Industrial Park and Office Center - Second Plat; thence North 49 degrees 18 minutes 51 seconds East along the Northwesterly line of said Lot 3, 553.38 feet to its intersection with the Westerly right-of-way line of Interstate Route I-29, as now established; thence South 29 degrees 28 minutes 46 seconds East along said Westerly right-of-way line 17.71 feet; thence South 60 degrees 31 minutes 14 seconds West along said right-of-way line, 10.00 feet; thence South 29 degrees 28 minutes 46 East along said right-of-way, 17.50 feet; thence South 60 degrees 31 minutes 14 seconds West along said right-of-way line, 45.00 feet; thence South 29 degrees 28 minutes 46 seconds East along said right-of-way line 25.00 feet; thence North 60 degrees 31 minutes 14 seconds East along said right-of-way line 45.00 feet; thence South 29 degrees 28 minutes 46 seconds East along said right-of-way line 8.50 feet; thence North 60 degrees 31 minutes 14 seconds East along said right-of-way line 10.00 feet; thence South 29 degrees 28 minutes 46 seconds East along said right-of-way line 877.51 feet; thence South 18 degrees 07 minutes 24 seconds East along said right-of-way line 487.54 feet; thence South 16 degrees 21 minutes 47 seconds West along said right-of-way line 480.88 feet; thence South 12 degrees 07 minutes 35 seconds West along said right-of-way line 184.64 feet; thence South 24 degrees 04 minutes 46 seconds East along said right-of-way line, 170.10 feet; thence South 78 degrees 08 minutes 21 seconds East along said right-of-way line 180.67 feet; thence South 55 degrees 21 minutes 55 seconds East along said right-of-way line 641.35 feet; thence South 42 degrees 47 minutes 36 seconds East along said right-of-way line 33.97 feet to its intersection with the South line of the North One-Half of the Southwest Quarter of said Section 36, said line being also the North line of Platte Industrial Park, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence South 89 degrees 41 minutes 15 seconds West along the South line of said North one-Half 2,353.03 feet to the Point of Beginning; excepting any part in streets, roads or highways.

 

Also except all that part platted as Tiffany Springs Industrial Park and Office Center; and except that part platted as Tiffany Springs Industrial Park and Office Center - Second Plat; and except that part platted as Executive Hills North 5th Plat, subdivision in Kansas City, Platte County, Missouri; and except that part platted, Executive Hills North 6th Plat, a subdivision in Kansas City, Platte County, Missouri; and except that part platted Drury Inns, a subdivision in Kansas City, Platte County, Missouri; and except that part platted Tiffany Square, 2nd Plat, a subdivision in Kansas City, Platte County, Missouri; and except that part described as follows:  Part of the West 1/2 of Section 36, T52N, R34W of the 5th P.M., Kansas City, Platte County, Missouri described as follows: Beginning at the most westerly corner of Lot 1, Executive Hills North 5th Plat, a subdivision of land in Kansas City, Platte County, Missouri; thence North 62°-56'-53" West (all bearings herein are referenced to the City of Kansas City, Missouri independent grid system) on the southwesterly line of said subdivision, 80.00 feet; thence southwesterly on a curve to the right (said curve having an initial tangent bearing South 27°-03'-07" West, a radius of 560. 00 feet, chord bearing South 38°-41'-07" West, chord distance 225.85 feet) an arc distance of 227.40 feet to a point of tangency; thence South 50°-19'-07" West, 191.29 feet to a point of curvature; thence continuing southwesterly on a curve to the left (said curve having a radius of 640. 00 feet, chord bearing South 31°-04' -07" West, chord distance 422.00 feet) an arc distance of 430.05 feet to a point of tangency; thence South 11°-49'-07" West, 82.79 feet to a point of curvature; thence continuing southwesterly on a curve to the right (said curve having a radius of 25.00 feet, chord bearing South 55°- 47'-33" West, chord distance 34. 72 feet) an arc distance of 38. 37 feet to a point on the northerly right-of-way line of Tiffany Springs Parkway (said point being further located on the northerly right-of-way line of Tiffany Springs Parkway as follows: Commencing at the northwest corner of the SW 1/4 of said Section 36; thence South 0°-29'-52" West on the west line of said SW 1/4, 666.52 feet to said northerly right-of-way; thence South 90°-00'-00" East, on said right-of-way, 42. 29 feet to a point of curvature; thence southeasterly on a 1790.00 foot radius curve to the right of said right-of-way, an arc length of 288. 97 feet, to said point); thence continuing southeasterly (on a curve to the right of said northerly right-of-way line (said curve having an initial tangent bearing South 80°-14'-01" East, a radius of 1790.00 feet, chord bearing South 78°-10'-53" East, chord distance 128.21 feet) an arc distance of 128.24 feet; thence northwesterly on a curve to the right (said curve having an initial tangent bearing North 76°-07'-45" West, a radius of 25. 00 feet, chord bearing North 32°-09'-19" West, chord distance 34.72 feet) an arc distance of 38.37 feet to a point of tangency; thence North 11°-49'-07" East, 82.79 feet to a point of curvature; thence northeasterly on a curve to the right (said curve having a radius of 560.00 feet, chord bearing North 31°-04'-07" East, chord distance 369.25 feet) an arc distance of 376.29 feet to a point of tangency; thence North 50°-19'-07" East, 191.29 feet to a point of curvature; thence continuing northeasterly on a curve to the left (said curve having a radius of 640.00 feet, chord bearing North 38°-41'-07" East, chord distance 258.11 feet) an arc distance of 259.89 feet to the point of beginning.

 

is hereby rezoned from Districts M2-3 (Manufacturing 2 (dash 3)) and B3-3 (Community Business (Dash 3)) to District M2-3 Manufacturing 2 (Dash 3), all as shown outlined on a map marked Section 88-20A-1398, 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 phased development plan with preliminary plat in District M2-3 on about 265.88 acres, generally located generally located at the terminus of Tiffany Springs Parkway, west of I-29 extending to N. Amity Avenue and more specifically described as follows:

 

Platte County Parcel ID: 20-1.0-02-000-000-005.000

 

The West 53.77 acres of the North Half of the Northeast Quarter of Section 2 in Township 51 of Range 34, Kansas City, Platte County, Missouri, except, all that part of said Northeast Quarter being bounded and described as follows: Beginning at the Northwest corner of the Northeast Quarter of Section 2; thence North 89°42'21" East along the North line of said Northeast Quarter, 84.12 feet to its intersection with the centerline of Amity Road, as now established; thence South 25°00'41" West along the centerline of said Amity Road, 25.36 feet; thence Southwesterly along said centerline on a curve to the left tangent to the last described course, having a radius of 754.84 feet, an arc distance of 335.23 feet to its intersection with the West line of said Northeast Quarter; thence North 0°26'04" West along said West line, 347.42 feet to the point of beginning. Also, except part in Amity Road.

 

TOGETHER WITH; Platte County Parcel ID: 17-7.0-35-000-000-022.000

 

Tract 1:  All that part of the Southeast Quarter of Section 35, Township 52, Range 34, Platte County, Missouri, being more particularly described as follows: Beginning at the Southwest Corner of the Southeast Quarter of said Section 35; thence North 0° 47’ East along the West line of said Southeast Quarter, 600.0 feet; thence South 89° 49’ 50” East, 990.0 feet; thence North 0° 47’ East, 456.0 feet; thence south 89° 49’ 50” East, 1660.88 feet to a point on the East line of the Southeast Quarter of said Section 35; thence South 0° 45’ 10” West along the East line of said Section 35, 1056.0 feet to the Southeast Corner of the Southeast Quarter of said Section 35; thence North 89° 49’ 50” West along the South line of the Southeast Quarter of said Section 35; 2651.42 feet to the point of beginning, except that part in public road.

 

Also except a strip or strips of land in the Southeast Quarter of Section 35, Township 52, Range 34, Platte County, Missouri, described as follows: Beginning at a point on the East line of Southeast Quarter of Section 35, Township 52, Range 34, 96 rods South of Northeast corner of said Southeast Quarter of Section 35, Township 52, Range 34, thence West along a line parallel to the North line of said Quarter Section 100 rods; thence North along a line parallel to the East line of said Quarter Section 6 rods, more or less, to a point 90 rods South of, measured along a line parallel to the West line of said Quarter Section, the North line of said Quarter Section; thence West along a line parallel to the North line of said Quarter Section 60 rods, more or less, to a point on the West line of said Quarter Section 90 rods South of the Northwest corner of said Quarter Section; thence South along the West line of said Quarter Section to a point 1155 feet North of the Southwest corner of said Quarter Section, thence South 89° 49’ 50” East 990 feet; thence South 0° 47' West 99 feet; thence South 89° 49' 50" East 1660.88 feet, more or less, to a point on the East line of said Quarter Section; thence North along East line of said Quarter Section 15.5 feet more or less, to the point of beginning.

 

Tract 2:  A strip or strips of land in the Southeast Quarter of Section 35, Township 52, Range 34, Platte County, Missouri, described as follows: Beginning at a point on the East line of Southeast Quarter of Section 35, Township 52, Range 34, 96 rods South of Northeast corner of said Southeast Quarter of Section 35, Township 52, Range 34, thence West along a line parallel to the North line of said Quarter section 100 rods; thence North along a line parallel to the East line of said Quarter Section 6 rods, more or less, to a point 90 rods South of, measured along a line parallel to the West line of said Quarter Section, the North line of said Quarter Section; thence West along a line parallel to the North line of said Quarter Section 60 rods, more or less, to a point on the West line of said Quarter Section 90 rods South of the Northwest corner of said Quarter Section; thence South along the West line of said Quarter Section to a point 1155 feet North of the Southwest corner of said Quarter section, thence South 89° 49’ 50” East 990 feet; thence South 0° 47’ West 99 feet; thence South 89° 49’ 50” East 1660.88 feet, more or less, to a point of East line of said Quarter Section; thence North along East line of said Quarter Section 15.5 feet more or less, to the point of beginning, except that part in public road.

 

TOGETHER WITH; Platte County Parcel ID: 17-7.0-35-000-000-020.000

 

A tract of land in the Southeast Quarter of Section 35, Township 52, Range 34 in Kansas City, Platte County, Missouri, described as follows:  Beginning 96 rods South of the Northeast corner of the Southeast Quarter of Section 35, Township 52, Range 34; thence South 64 rods to the Southeast corner of the Southeast Quarter of Section 35, Township 52, Range 34; thence West 160 rods, more or less, to the Southwest corner of the Southeast Quarter of Section 35, Township 52, Range 34; thence North 70 rods along the West line of the Southeast Quarter of Section 35, Township 52, Range 34; thence East 60 rods; thence South 6 rods; thence East 100 rods to the place of beginning, EXCEPT that part thereof described as follows: All that part of the Southeast Quarter of Section 35, Township 52, Range 34, Platte County, Missouri being more particularly described as follows: Beginning at the South-West corner of the Southeast Quarter of said Section 35; thence North 0°47' East along the West line of said Southeast Quarter 600.0 feet; thence South 89°49’50" East, 990.0 feet; thence North 0°47' East, 456.0 feet; thence South 89°49'50" East 1660.88 feet to a point on the East line of the Southeast Quarter of said Section 35; thence South 0°45’10" West along the East line of said Section 35, 1056.0 feet to the Southeast corner of the Southeast Quarter of said Section 35; thence North 89°49’50" West along the South line of the Southeast Quarter of said Section 35, 2651.42 feet to the point of beginning, except that part in streets or roads.

 

Also except that part described as follows: A strip or strips of land in the Southeast Quarter of Section 35, Township 52, Range 34, Platte County Missouri, described as follows: Beginning at a point on the East line of Southeast Quarter of Section 35, Township 52, Range 34, 96 rods South of Northeast corner of said Southeast Quarter of Section 35, Township 52, Range 34, thence West along a line parallel to the North line of said Quarter Section 100 rods; thence North along a line parallel to the East line of said Quarter Section 6 Rods, more or less, to a point 60 rods South of, measured along a line parallel to the West line of said Quarter Section, the North line of said Quarter Section; thence West along a line parallel to the North line of said Quarter Section 60 rods, more or less, to a point on the West line of said Quarter Section 90 rods South of the Northwest corner of said Quarter Section; thence South along the West line of said Quarter Section to a point 1155 feet North of the Southwest corner of said Quarter Section, thence South 89°49’50" East 990 feet; thence South 0°47' West 99 feet; thence South 89°49'50" East 1660.88 feet, more or less, to a point on East line of said Quarter Section; thence North along East line of said Quarter Section 15.5 feet more or less, to the point of beginning.

 

TOGETHER WITH; Platte County Parcel ID: 17-7.0-35-000-000-021.000 AND 17-7.0-35-000-000-006.000

 

Tract 1:  All that part of the Southeast Quarter (SE 1/4) of Section 35, Township 52, Range 34, in Kansas City, Platte County, Missouri, described as follows:  Beginning at the Northeast corner of said quarter section; thence South along the East line of said quarter section 96 rods; thence West along a line parallel to the North line of said quarter section 100 rods; thence North along a line parallel to the East line of said quarter section 6 rods; more or less, to a point 90 rods South of, measured along a line parallel to the West line of said quarter section, the North line of said quarter section; thence West along a line parallel to the North line of said quarter section 60 rods, more or less, to a point on the West line of said quarter section; thence North along said West lone 90 rods to the Northwest corner of said quarter section, thence East along said North lone 160 rods, more or less, to the point of beginning.

 

Except that part in road and except that part described as follows:  A tract of land in the Southeast quarter of section 35, Township 52, Range 34, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at a point 1273.74 feet South of the Northeast corner of the Southeast quarter of said Section 35, as measured along the East line of said Northeast quarter; thence South 0°30’21” West along said East line, 325.76 feet; thence South 89°55’21” West, 1236.00 feet; thence North 0°30’21” East, 155.87 feet to the Southerly Right of Way line of Tiffany Springs Parkway, as now established; thence Easterly along said Southerly Right of Way line on a curve to the Right, having a radius of 1700.00 feet, an arc distance of 916.90 feet; thence North 70°58’08” East, along said Southern Right of Way line, 340.00 feet; thence Easterly, along said Southerly Right of Way line, on a curve to the Right, tangent to the last described course, having a radius of 5400.00 feet, an arc distance of 12.72 feet to its intersection with the East line of said Southeast quarter, said point being also the Point of Beginning.

 

Tract 2:  All that part of the Northeast Quarter of Section 35, Township 52, Range 34, in Kansas City, Platte County, Missouri, described as follows: Beginning at the Southeast corner of said Quarter section; running thence West 80 poles to a stake; thence North to a branch, thence up said branch to the East line of said Northeast Quarter of Section 35 to a stake; thence South to the point of beginning.

 

TOGETHER WITH; Platte County Parcel ID: 17-7.0-36-000-008-002.000 and 17-7.0-36-000-009-002.000 and 17-7.0-36-000-010-007.000

 

All that part of the Northwest Quarter and all that part of the Southwest Quarter of Section 36, Township 52, Range 34, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Southwest corner of the North One-Half of the Southwest Quarter of said Section 36; thence North 0 degrees 30 minutes 21 seconds East along the West line of said Southwest Quarter 1,326.34 feet to the Northwest corner of said Southwest Quarter, said point being also the Southwest corner of the Northwest Quarter of said Section 36; thence North 0 degrees 30 minutes 59 seconds East along the West line of said Northwest Quarter, 1,323.47 feet to the Northwest corner of the South One-Half of said Northwest Quarter, said point being also the Northwest corner of Lot 1, Block 1, Tiffany Springs Industrial Park and Office Center; thence South 89 degrees 38 minutes 07 seconds East along the North line of said Lot 1, 504.11 feet; thence South 0 degrees 21 minutes 41 seconds West along the East line of said Lot 1, 379.79 feet to the Southeast corner of said Lot 1; thence Southeasterly along the Southerly line of Lot 2, Tiffany Springs Industrial Park and Office Center, on a curve to the Right, having an initial tangent bearing of South 64 degrees 06 minutes 39 seconds East, a radius of 858.51 feet, an arc distance of 196.23 feet to the most Westerly corner of Lot 3, Block 1, Tiffany Springs Industrial Park and Office Center - Second Plat; thence North 49 degrees 18 minutes 51 seconds East along the Northwesterly line of said Lot 3, 553.38 feet to its intersection with the Westerly right-of-way line of Interstate Route I-29, as now established; thence South 29 degrees 28 minutes 46 seconds East along said Westerly right-of-way line 17.71 feet; thence South 60 degrees 31 minutes 14 seconds West along said right-of-way line, 10.00 feet; thence South 29 degrees 28 minutes 46 East along said right-of-way, 17.50 feet; thence South 60 degrees 31 minutes 14 seconds West along said right-of-way line, 45.00 feet; thence South 29 degrees 28 minutes 46 seconds East along said right-of-way line 25.00 feet; thence North 60 degrees 31 minutes 14 seconds East along said right-of-way line 45.00 feet; thence South 29 degrees 28 minutes 46 seconds East along said right-of-way line 8.50 feet; thence North 60 degrees 31 minutes 14 seconds East along said right-of-way line 10.00 feet; thence South 29 degrees 28 minutes 46 seconds East along said right-of-way line 877.51 feet; thence South 18 degrees 07 minutes 24 seconds East along said right-of-way line 487.54 feet; thence South 16 degrees 21 minutes 47 seconds West along said right-of-way line 480.88 feet; thence South 12 degrees 07 minutes 35 seconds West along said right-of-way line 184.64 feet; thence South 24 degrees 04 minutes 46 seconds East along said right-of-way line, 170.10 feet; thence South 78 degrees 08 minutes 21 seconds East along said right-of-way line 180.67 feet; thence South 55 degrees 21 minutes 55 seconds East along said right-of-way line 641.35 feet; thence South 42 degrees 47 minutes 36 seconds East along said right-of-way line 33.97 feet to its intersection with the South line of the North One-Half of the Southwest Quarter of said Section 36, said line being also the North line of Platte Industrial Park, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof; thence South 89 degrees 41 minutes 15 seconds West along the South line of said North one-Half 2,353.03 feet to the Point of Beginning; excepting any part in streets, roads or highways.

 

Also except all that part platted as Tiffany Springs Industrial Park and Office Center; and except that part platted as Tiffany Springs Industrial Park and Office Center - Second Plat; and except that part platted as Executive Hills North 5th Plat, subdivision in Kansas City, Platte County, Missouri; and except that part platted, Executive Hills North 6th Plat, a subdivision in Kansas City, Platte County, Missouri; and except that part platted Drury Inns, a subdivision in Kansas City, Platte County, Missouri; and except that part platted Tiffany Square, 2nd Plat, a subdivision in Kansas City, Platte County, Missouri; and except that part described as follows:  Part of the West 1/2 of Section 36, T52N, R34W of the 5th P.M., Kansas City, Platte County, Missouri described as follows:  Beginning at the most westerly corner of Lot 1, Executive Hills North 5th Plat, a subdivision of land in Kansas City, Platte County, Missouri; thence North 62°-56'-53" West (all bearings herein are referenced to the City of Kansas City, Missouri independent grid system) on the southwesterly line of said subdivision, 80.00 feet; thence southwesterly on a curve to the right (said curve having an initial tangent bearing South 27°-03'-07" West, a radius of 560. 00 feet, chord bearing South 38°-41'-07" West, chord distance 225.85 feet) an arc distance of 227.40 feet to a point of tangency; thence South 50°-19'-07" West, 191.29 feet to a point of curvature; thence continuing southwesterly on a curve to the left (said curve having a radius of 640. 00 feet, chord bearing South 31°-04' -07" West, chord distance 422.00 feet) an arc distance of 430.05 feet to a point of tangency; thence South 11°-49'-07" West, 82.79 feet to a point of curvature; thence continuing southwesterly on a curve to the right (said curve having a radius of 25.00 feet, chord bearing South 55°- 47'-33" West, chord distance 34. 72 feet) an arc distance of 38. 37 feet to a point on the northerly right-of-way line of Tiffany Springs Parkway (said point being further located on the northerly right-of-way line of Tiffany Springs Parkway as follows:  Commencing at the northwest corner of the SW 1/4 of said Section 36; thence South 0°-29'-52" West on the west line of said SW 1/4, 666.52 feet to said northerly right-of-way; thence South 90°-00'-00" East, on said right-of-way, 42. 29 feet to a point of curvature; thence southeasterly on a 1790.00 foot radius curve to the right of said right-of-way, an arc length of 288. 97 feet, to said point); thence continuing southeasterly (on a curve to the right of said northerly right-of-way line (said curve having an initial tangent bearing South 80°-14'-01" East, a radius of 1790.00 feet, chord bearing South 78°-10'-53" East, chord distance 128.21 feet) an arc distance of 128.24 feet; thence northwesterly on a curve to the right (said curve having an initial tangent bearing North 76°-07'-45" West, a radius of 25. 00 feet, chord bearing North 32°-09'-19" West, chord distance 34.72 feet) an arc distance of 38.37 feet to a point of tangency; thence North 11°-49'-07" East, 82.79 feet to a point of curvature; thence northeasterly on a curve to the right (said curve having a radius of 560.00 feet, chord bearing North 31°-04'-07" East, chord distance 369.25 feet) an arc distance of 376.29 feet to a point of tangency; thence North 50°-19'-07" East, 191.29 feet to a point of curvature; thence continuing northeasterly on a curve to the left (said curve having a radius of 640.00 feet, chord bearing North 38°-41'-07" East, chord distance 258.11 feet) an arc distance of 259.89 feet to the point of beginning.

 

TOGETHER WITH; Platte County Parcel ID: 17-7.0-35-000-000-021.001

 

A tract of land in the Southeast Quarter of Section 35, Township 52, Range 34, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at a point 1273.74 feet South of the Northeast corner of the Southeast Quarter of said Section 35, as measured along the East line of said Southeast Quarter; thence South 0 degrees 30 minutes 21 seconds West along said East line, 325.76 feet; thence South 89 degrees 55 minutes 21 seconds West, 1236.00 feet, thence North 0 degrees 30 minutes 21 seconds East, 155.87 feet to the Southerly Right-of-Way line of Tiffany Springs Parkway, as now established; thence Easterly along said Southerly Right-of-Way line on a curve to the right, having a radius of 1700.00 feet, an arc distance of 916.90 feet; thence North 70 degrees 58 minutes 08 seconds East, along said Southerly Right-of-Way line, 340.00 feet; thence Easterly, along said Southerly Right-of-Way line, on a curve to the right, tangent to the last described course, having a radius of 5400.00 feet, an arc distance of 12.72 feet to its intersection with the East line of said Southeast Quarter, said point also being the Point of Beginning, except that part in road.

 

is hereby approved, subject to the following conditions:

 

1.                      The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that street trees have been installed in accordance with the approved street tree planting plan and are healthy prior to a certificate of occupancy.

 

2.                        The developer shall screen all roof and/or ground mounted mechanical and utility equipment in compliance with 88-425-08.

 

3.                        The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved plan has been installed in accordance with the plan and is healthy prior to a certificate of occupancy.

 

4.                       The developer shall submit an affidavit, prepared by an engineer licensed in the State of Missouri, verifying that all outdoor lighting has been installed in accordance with approved plans and that lighting levels do not exceed that shown on the approved lighting plan at the property lines prior to a certificate of occupancy.

 

5.                      That the developer shall amend this development plan to show the alignment of N.W. Tiffany Springs Pkwy consistent with the major street plan’s alignment or file a separate minor amendment application showing the same and secure approval of said amendment prior to recording of the final plat or issuance of a building permit in the first phase.

 

6.                        The developer shall submit a design guideline for the proposed development per staff approval prior to ordinance request. If there are no design guidelines, the developer shall submit a project plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations prior to issuance of building permit.

 

7.                         For each phase, the developer shall enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division, prior to recording the plat for such phase.

 

8.                        The developer shall submit a macro storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer to the Land Development Division showing compliance with current adopted standards in effect at the time of submission, including water quality BMP’s, to the Land Development Division for review and acceptance for the entire development area, and submit a micro storm drainage study with each subsequent plat or phase showing compliance with the approved macro and adopted standards. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Land Development Division.

 

9.                        The developer shall design and construct all interior public streets to City standards, as required by Chapter 88 and the Land Development Division, including curb, gutter, storm sewers, streetlights, and sidewalks.

 

10.            The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

11.              The developer shall pay impact fees as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division.

 

12.                        The developer shall petition for the vacation of existing N.W. 101st Terr right-of-way and dedicate new right-of-way for the planned realignments of Tiffany Springs Parkway and N.W. 101st Terrace as shown on the development plan and relocate sewers as required by the Departments of Water Services, the Land Development Division, and Development Services prior to recording of the final plat.

 

13.                        The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

14.                       The developer shall submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

 

 

15.                        The developer shall obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

16.                       The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.

 

17.                       The developer shall provide acceptable easement and secure permits to relocated sanitary sewers out from under proposed buildings and structures while continuing to ensure individual service is provided to all proposed lots as required by the Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.

 

18.                       The project shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1).

 

19.                        Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC2018 § 507.5.1.1).

 

20.                       A required fire department access roads shall be an all-weather surface. (IFC-2012: § 503.2.3)  Fire Department access roads shall be provided prior to construction/demolition projects begin. (IFC-2018 § 501.4 and 3310.1; NFPA 241-2013 § 7.5.5)  Required Fire Department access roads shall be designed to support a fire apparatus with gross axle weight of 85,000 pounds. (IFC-2018: § 503.2.3)

 

21.                      New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. (IFC 2018 510.1) and (NFPA1221).

 

22.                        The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4).

 

23.                      The developer shall provide fire lane signage on fire access drives to ensure no restricted access around private streets.

 

24.                        The developer shall coordinate with the Fire Department to determine the necessity and location of an emergency access road from N. Amity Avenue near Lots 6 and 7 prior to the approval of the Phase 3 final plat. If necessary, the developer shall install such emergency access prior to the issuance of a certificate of occupancy for the buildings located on Lots 6 and 7.

 

25.                       The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way.

 

26.                      The developer shall submit plans to the Parks and Recreation Department and obtain permits prior to beginning construction of streetscape improvements (including but not limited to sidewalks, curbs, gutters, streetscape elements, pedestrian and street lighting) on the Parks jurisdictional streets and construct improvements, ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired. Such improvements shall be installed per the Parks and Recreation Department standards.

 

27.                      The developer shall fully comply with the parkway and boulevard standards as outlined in 88-323 or seek variance from the Board of Zoning Adjustment prior to building permit.

 

28.                        The developer shall coordinate the final layout and street section with the Parks Department and construct per Parks and Recreation standards for parkway construction prior to building permit.

 

29.                       A full flow fire meter will be required when the fire protection service line serves more than one building, or combination service lines 6 inches and larger, or that have private fire hydrants connected to them.

 

30.                      The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.

 

31.                       The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations prior to a certificate of occupancy.

 

32.                      Water/sewer service lines shall serve only one lot or tract and shall not cross a separate lot or tract.

 

33.                       The developer shall secure permits to extend public 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.

 

 

 

34.                      The developer shall provide acceptable easement and secure permits to relocate sanitary sewers out from under proposed buildings and structures. Any existing public lines located under proposed structures must be abandoned in place or removed and easement vacated as required by the Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.

 

35.                        The developer shall grant any BMP and/or surface drainage easements to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

36.                       The developer shall grant on City approved forms, a stream buffer easement to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

37.                      The developer shall submit a final stream buffer plan to the Land Development Division for approval prior to issuance of any building permits and obtain permits for the stream buffer prior to removal of any mature riparian species within the buffer zones due to construction activities on the site, in accordance with the Section 88-415 requirements.

 

38.                       The developer shall obtain approval and any necessary permits from the United States Army Corps of Engineers for proposed wetland fills or alteration of the vegetated stream buffers prior to issuance of any site disturbance, grading, or stream buffer permits or approval of the final plat, whichever occurs first.

 

39.                        The developer shall show the limits of the 100-year floodplain on the final plat and show the Minimum Low Opening Elevation (MLOE) of any structure on each lot that abuts a 100-year floodplain area (including detention basins and engineered surface drainage conveyances) on any plat and plan, as required by the Land Development Division.

 

40.                      Public sewers and conveyances must be located within exclusive easements.

 

41.                     Unless otherwise agreed to by both the City and the applicant, prior to the approval of the final plat for the first phase, the developer shall enter into the following two unsecured deferral agreements for the installation of water mains running along N. Amity Avenue.  The first unsecured deferral agreement will require the installation of a water main running north from Tiffany Springs Parkway to the northern property boundary line of the subject property, which water main to be required when the City creates the connection by installing a water main along its property to the north of the subject property or by the third phase of the development, whichever occurs first.  The second unsecured deferral agreement will require the installation of a water main by the third phase of the development plan running south from Tiffany Springs Parkway to the southern property line of the subject property.  In the event, the city undertakes the installation of the Water Main at the time it installs a water main along its property located to the north of the subject property, the costs of installing the Water Main shall be allocated by the city between the properties along both sides of N. Amity Ave. where the Water Main is installed on a pro-rata basis based upon the number of linear feet of each property owner’s property adjacent to such portion of N. Amity Ave.

 

 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 and Development Code have been given and had.

 

end

______________________________________________________

 

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:

 

 

______________________________

Sarah Baxter

Senior Associate City Attorney