File #: 230526    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/8/2023 In control: Council
On agenda: 6/22/2023 Final action: 6/22/2023
Title: Sponsor: Director of City Planning and Development Department Rezoning an area of about 320 acres generally located west of Highway 169 along N.W. Tiffany Springs Parkway from Districts R-80 and AG-R to Districts R-7.5, R-1.5 and B3-2. (CD-CPC-2023-00076).
Sponsors: Director of City Planning & Development, City Plan Commission
Attachments: 1. Docket Memo, 2. CPC Staff Report (06-06-2023), 3. CPC Disposition Letter (06-06-2023), 4. Approved CPC Plan (06-06-2023), 5. Zoning Exhibit 88-20A-1393, 6. CPC PPT 6-6-2023, 7. 230526.Authenticated Ordinance, 8. 230526.Authenticated Ordinance

ORDINANCE NO. 230526

 

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Sponsor:  Director of City Planning and Development Department

 

Rezoning an area of about 320 acres generally located west of Highway 169 along N.W. Tiffany Springs Parkway from Districts R-80 and AG-R to Districts R-7.5, R-1.5 and B3-2. (CD-CPC-2023-00076). 

 

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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-1393, rezoning an area of about 320 acres generally located west of Highway 169 along N.W. Tiffany Springs Parkway from Districts R-80 (Residential 80) and AG-R (Agricultural-Residential) to Districts R-7.5 (Residential 7.5), R-1.5 (Residential 1.5), and B3-2 (Community business (Dash 2)), said section to read as follows: 

 

Section 88-20A-1393.  That an area legally described as:

 

Tract 1 - Single Family Residential (R-7.5) 119.3 acres

 

All that part of the Southeast Quarter of Section 34, Township 52, Range 33, and all that part of the Fractional Southwest Quarter of Section 34, Township 52, Range 33 in Clay County, Missouri and all that part of the Fractional Southeast Quarter of Section 34, Township 52, Range 33  in Platte County, Missouri described as follows:  Commencing at the southwest corner of the Southeast Quarter of Section 34, Township 52, Range 33, Clay County, all in the City of Kansas City, Missouri; thence North 00 degrees 37 minutes 55 seconds East, a distance of 30.00 feet to a point on the northerly right of way line of N.W. 96th Street and the point of beginning; thence along said northerly right of way line South 89 degrees 40 minutes 45 seconds West, a distance of 1584.40; thence North 00 degrees 44 minutes 29 seconds East, a distance of 1200.00 feet; thence South 89 degrees 54 minutes 04 seconds West, a distance of 800.00 feet to a point on the easterly right of way line of N. Platte Purchase Drive; thence North 00 degrees 44 minutes 29 seconds East along said easterly right of way line, a distance of 1314.04 feet to the southerly right of way line of N.W. 100th Street; thence along the southerly right of way line of N.W. 100th Street the following five courses; thence north 89 degrees 45 minutes 22 seconds East, a distance of 673.67 feet to a point of curvature; thence along a curve to the right, having a central angle of 47 degrees 50 minutes 48 seconds, radius of 1600.00 feet and arc length of 1336.13 feet to a point of tangency; thence South 42 degrees 23 minutes 49 seconds East, a distance of 411.32 feet to a point of curvature; thence along a curve to the left, having a central angle of 02 degrees 50 minutes 44 seconds, radius of 2100.00 feet and arc length of 104.29 feet to a point of tangency; thence South 45 degrees 14 minutes 33 seconds East, a distance of 767.67 feet; thence South 29 degrees 34 minutes 54 seconds East, a distance of 712.44 feet; thence South 00 degrees 02 minutes 04 seconds East, a distance of 452.88 to the northerly right of way line of N.W. 96th Street; thence North 89 degrees 29 minutes 36 seconds West along said northerly right of way line, a distance of 756.88 feet to the east line of said  Fractional Southwest Quarter and the point of beginning, containing 119.30 acres more or less.

 

Tract 2 - Multi-Family (R-1.5) Residential 90.35 acres

 

All that part of the Southeast Quarter of Section 34, Township 52, Range 33, and all that part of the Northeast Quarter of Section 34, Township 52, Range 33, and all that part of the Fractional Southwest Quarter of Section 34, Township 52, Range 33, in Clay County, Missouri described as follows: beginning at the northwest corner of the Southeast Quarter of Section 34, Township 52, Range 33, Clay County, all in the City of Kansas City, Missouri; thence North 00 degrees 34 minutes 08 seconds East, along the west line of the Northeast Quarter of said Section 34 Township 52 Range 33, a distance of 604.87 feet; thence South 89 degrees 34 minutes 43 seconds East, a distance of 1608.96 feet; thence North 31 degrees 21 minutes 05 seconds East, a distance of 339.97 feet; thence North 30 degrees 54 minutes 42 seconds East, a distance of 479.14 feet; thence South 89 degrees 30 minutes 23 seconds East, a distance of 451.11 feet to the westerly right of way line of U.S. Highway 169; thence South 01 degrees 04 minutes 35 seconds East along said westerly right of way line, a distance of 894.17 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 106.44 feet; thence South 27 degrees 12 minutes 30 seconds West, a distance of 142.78 feet; thence South 34 degrees 46 minutes 24 seconds West, a distance of 241.65 feet; thence South 26 degrees 04 minutes 03 seconds West, a distance of 219.41 feet; thence North 68 degrees 23 minutes 44 seconds West, a distance of 162.85 feet; thence North 62 degrees 09 minutes 50 seconds West, a distance of 349.76 feet; thence South 25 degrees 57 minutes 41 seconds West, a distance of 131.61 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of 484.34 feet; thence South 45 degrees 01 minutes 11 seconds West, a distance of 461.65 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 357.65 feet; thence South 00 degrees 00 minutes 00 seconds east, a distance of 303.91 feet; thence South 26 degrees 45 minutes 20 seconds West, a distance of 476.08 feet to the northerly right of way line of N.W. 100th Street; thence along said northerly right of way line the following five courses; thence along a curve to the right, having a central angle of 07 degrees 05 minutes 57 seconds, radius of 910.00 feet and arc length of 112.75 feet to a point of tangency; thence North 45 degrees 14 minutes 33 seconds West, a distance of 882.31 feet to a point of curvature; thence along a curve to the right, having a central angle of 02 degrees 50 minutes 44 seconds , radius of 1900.00 feet for and arc length of 94.38 feet to  a point of tangency; thence North 42 degrees 23 minutes 49 seconds West, a distance of 411.32 feet to a point of curvature; thence along a curve to the left, having a central angle of 28 degrees 22 minutes 27 seconds, radius of 1800.00 feet and arc length of 891.41 feet to the north line of the Fractional Southwest Quarter of Section 34 Township 52 Range 33 Clay County, Missouri; thence North 89 degrees 36 minutes 30 seconds East, along said north line, a distance of 1107.42 feet to the point of beginning, containing 90.35 acres more or less.

 

Tract 3 - Multi-Family (R-1.5) Residential 9.7 acres

 

A tract of land in the Northeast Quarter of Section 34, Township 52, Range 33, Clay County, Missouri described as follows:  Commencing at the northeast corner of the Northeast Quarter of Section 34, Township 52, Range 33, Clay County, all in the City of Kansas City, Missouri; thence South 00 degrees 54 minutes 48 seconds West along the east line of said Northeast Quarter, a distance of 314.43 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 253.38 feet to a point on the westerly right of way line of U.S. Highway 169 and on the southerly line of a tract of land 50.00 feet in width conveyed to the United States of America by Warranty Deed recorded in Book 1238 at page 657 in the Clay County, Missouri Recorder’s Office and the point of beginning; thence along said southerly line the following four courses; thence South 48 degrees 35 minutes 28 seconds West, a distance of 337.86 feet to a point of curvature; thence along a curve to the right, having a central angle of 36 degrees 19 minutes 30 seconds, radius of 219.78 feet and arc length of 139.34 feet to a point of tangency; thence South 84 degrees 54 minutes 58 seconds West, a distance of 196.57 feet to a point of curvature; thence along a curve to the left, having a central angle of 14 degrees 26 minutes 30 seconds, radius of 180.94 feet and arc length of 45.61 feet to a point of tangency; thence South 00 degrees 33 minutes 12 seconds West, a distance of 1101.88 feet; thence North 30 degrees 54 minutes 42 seconds East, a distance of 479.14 feet; thence North 31 degrees 19 minutes 36 seconds East, a distance of 794.22 feet to the westerly right of way line of U.S. Highway 169; thence along said westerly right of way line the following two courses; thence North 01 degrees 06 minutes 17 seconds West, a distance of 8.21 feet; thence North 05 degrees 19 minutes 05 seconds West, a distance of 310.11 feet to the point of beginning, containing 9.7 acres more or less.

 

Tract 4 - Multi-Family (R-1.5) Residential 6.5 acres

 

A tract of land in the Northeast Quarter of Section 34, Township 52, Range 33, Clay County, Missouri described as follows:  Commencing at the northeast corner of the Northeast Quarter of Section 34, Township 52, Range 33, Clay County, all in the City of Kansas City, Missouri; thence North 89 degrees 35 minutes 07 seconds West along the north line of said Northeast Quarter, a distance of 287.86 feet to a point on the westerly right of way line of U.S. Highway 169 and the point of beginning; thence South 05 degrees  19 minutes 05 seconds East along said westerly right of way line, a distance of 255.97 feet to a point on the northerly line of a tract of land 50.00 feet in width conveyed to the United States of America by Warranty Deed Recorded in Book 1238 at page 657 in the Clay County Recorder’s Office; thence along said northerly line the following four courses; thence South 48 degrees 35 minutes 28 seconds West, a distance of 374.31 feet to a point of curvature; thence along a curve to the right, having a central angle of 36 degrees 19 minutes 30 seconds, radius of 169.78 feet and arc length of 107.64 feet to a point of tangency; thence South 84 degrees 54 minutes 58 seconds West, a distance of 196.57 feet to a point of curvature; thence along a curve to the left, having a central angle of 09 degrees 58 minutes 00 seconds, radius of 230.94 feet and arc length of 40.17 feet; thence North 00 degrees 33 minutes 12 seconds East, a distance of 572.91 feet to the north line of said Northeast Quarter; thence South 89 degrees 35 minutes 07 seconds East, a distance of 584.05 feet to the point of beginning, containing 6.5 acres more or less.

 

Tract 5 - Commercial (B3-2) 11.20 acres

 

A tract of land in the Southeast Quarter of Section 34, Township 52, Range 33, Clay County, Missouri described as follows:  Commencing at the southeast corner of the Southeast Quarter of Section 34, Township 52, Range 33, Clay County, all in the City of Kansas City, Missouri; thence North 89 degrees 29 minutes 36 seconds West, along the south line of said Southeast Quarter, a distance of 1360.37 feet; thence North 00 degrees 06 minutes 42 seconds West, a distance of 30.00 feet, to a point on the northerly right of way line of N.W. 96th Street and the westerly right of way line of N. Summit Street and the point of beginning; thence along said westerly right of way line of N. Summit Street the following four courses; thence North 00 degrees 08 minutes 51 seconds East, a distance of 10.09 feet; thence North 46 degrees 27 minutes 37 seconds East, a distance of 145.51 feet; thence North 00 degrees 23 minutes 31 seconds East, a distance of 470.00 feet; thence North 42 degrees 51 minutes 29 seconds West, a distance of 129.01 feet to the southerly right of way line of N.W. 100th Street; thence along said southerly right of way line the following three courses; thence South 88 degrees 49 minutes 51 seconds West, a distance of 6.11 feet to a point of curvature; thence along a curve to the right, having a central angle of 45 degrees 55 minutes 35 seconds, radius of 1110.00 feet and arc length of 889.74 feet to a point of tangency; thence North 45 degrees 14 minutes 33 seconds West, a distance of 114.64 feet; thence South 29 degrees 34 minutes 54 seconds East, a distance of 712.44 feet; thence South 02 degrees 02 minutes 04 seconds East, a distance of 452.88 feet to the northerly right of way line of N.W. 96th Street; thence along said northerly right of way line, South 89 degrees 29 minutes 36 seconds East, a distance of 518.79 feet to the point of beginning, containing 11.20 acres more or less.

 

Tract 6 - Commercial (B3-2) 50.25 acres

 

A tract of land in the Southeast Quarter and Northeast Quarter of Section 34, Township 52, Range 33, Clay County, Missouri described as follows:  Commencing at the northeast corner of the Southeast Quarter of Section 34, Township 52, Range 33, Clay County, all in the City of Kansas City, Missouri; thence North 89 degrees 26 minutes 02 seconds West along the north line of said Southeast Quarter, a distance of 124.03 feet to a point on the westerly right of way line of U.S. Highway 169 and the point of beginning; thence North 01 degrees  09 minutes 53 seconds West, along said westerly right of way line, a distance of 421.48 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 106.44 feet; thence South 27 degrees 12 minutes 30 seconds West, a distance of 142.78 feet; thence South 34 degrees 46 minutes 24 seconds West, a distance of 241.65 feet; thence South 26 degrees 04 minutes 03 seconds West, a distance of 219.41 feet; thence North 68 degrees 23 minutes 44 seconds West, a distance of 162.85 feet; thence North 62 degrees 09 minutes 50 seconds West, a distance of 349.76 feet; thence South 25 degrees 57 minutes 41 seconds West, a distance of 131.61 feet; thence South 00 degrees 00 minutes 00 seconds East, a distance of 484.34 feet; thence South 45 degrees 01 minutes 11 seconds West, a distance of 461.65 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 357.65 feet; thence South 00 degrees 00 minutes 00 seconds East, a distance of 303.91 feet; thence South 26 degrees 45 minutes 20 seconds West, a distance of 476.08 feet to the northerly right of way line of N.W. 100th Street; thence along said northerly right of way line the following nine courses; thence along a curve to the left, having a central angle of 38 degrees 49 minutes 39 seconds, radius of 910.00 feet and arc length of 616.68 feet to a point of tangency; thence North 88 degrees 49 minutes 51 seconds East, a distance of 24.22 feet; thence North 44 degrees 40 minutes 52 seconds East, a distance of 79.67 feet; thence North 88 degrees 49 minutes 51 seconds East, a distance of 120.00 feet; thence South 45 degrees 00 minutes 00 seconds East, a distance of 87.33 feet; thence North 88 degrees 49 minutes 51 seconds East, a distance of 510.88 feet; thence North 65 degrees 19 minutes 04 seconds East, a distance of 135.38 feet; thence North 01 degrees 11 minutes 19 seconds East, a distance of 125.10 feet; thence North 17 degrees 43 minutes 14 seconds East a distance of 185.28 feet to the westerly right of way line of U.S. Highway 169; thence along said westerly right of way line the following three courses; thence North 22 degrees 33 minutes 56 seconds East, a distance of 709.74 feet; thence North 05 degrees 02 minutes 30 seconds East, a distance of 402.32 feet; thence North 01 degrees 03 minutes 56 seconds West, a distance of 302.84 feet to the point of beginning, containing 50.25 acres more or less.

 

Tract 7 - Commercial (B3-2) 12.05 acres

 

A tract of land in the Southeast Quarter of Section 34, Township 52, Range 33, Clay County, Missouri described as follows:  Commencing at the southeast corner of the Southeast Quarter of Section 34, Township 52, Range 33, Clay County, all in the City of Kansas City, Missouri; thence North 89 degrees 29 minutes 36 seconds West, along the south line of said Southeast Quarter, a distance of 302.45 feet to the westerly right of way line of U.S. Highway 169; thence along said westerly right of way line, North 06 degrees 20 minutes 01 seconds East, a distance of 26.18 feet to the northerly right of way line of N.W. 96th Street and the point of beginning; thence along said northerly right of way line the following four courses; thence North 89 degrees 04 minutes 56 seconds West, a distance of 272.22 feet; thence North 00 degrees 30 minutes 23 seconds East, a distance of 2.00 feet; thence North 89 degrees 29 minutes 36 seconds West, a distance of 270.00 feet; thence North 88 degrees 19 minutes 24 seconds West, a distance of 334.03 feet to easterly right of way line of N. Summit Street; thence along said easterly right of way line the following two courses; thence North 00 degrees 23 minutes 31 seconds East, a distance of 577.21 feet; thence North 42 degrees 42 minutes 58 seconds East, a distance of 122.66 feet to the southerly right of way line of N.W. 100th Street; thence along said southerly right of way line the following two courses; thence North 88 degrees 49 minutes 51 seconds East, a distance of 526.47 feet; thence South 33 degrees 25 minutes 56 seconds East, a distance of 267.44 feet to the westerly right of way line of U.S. Highway 169; thence along said westerly right of way line the following two courses; thence South 13 degrees 51 minutes 13 seconds East, a distance of 483.06 feet; thence South 06 degrees 20 minutes 01 seconds West, a distance of 4.42 feet to the point of beginning, containing 12.05 acres more or less.

 

Tract 8 - Multi-Family Residential (R-1.5) 22.0 acres

 

All that part of the Fractional Southwest Quarter of Section 34, Township 52, Range 33 in Clay County, Missouri and all that part of the Fractional Southeast Quarter of Section 34, Township 52, Range 33  in Platte County, Missouri described as follows: Commencing at the southwest corner of the Fractional Southeast Quarter  of Section 34, Township 52, Range 33 in Platte County, Missouri, all in the City of Kansas City, Missouri; thence North 00 degrees 44 minutes 29 seconds East, a distance of 30.02 feet; thence North 90 degrees 00 minutes 00 seconds East, a distance of 30.00 feet to a point on the easterly right of way line of N. Platte Purchase Drive and the northerly right of way line of N.W. 96th Street and the point of beginning; thence North 89 degrees 57 minutes 58 seconds East along said northerly right of way line, a distance of 618.77 feet to the east line of said Fractional Southeast Quarter and the Platte-Clay County line; thence North 89 degrees 40 minutes 45 seconds East along said northerly right of way line, a distance of 181.23 feet; thence North 00 degrees 44 minutes 29 seconds East, a distance of 1200.00 feet; thence South 89 degrees 54 minutes 04 seconds West, a distance of 800.00 feet to the easterly right of way line of N. Platte Purchase Drive; thence South 00 degrees 44 minutes 29 seconds  west along said easterly right of way line, a distance of 1200.00 feet to the point of beginning, containing 22.00 acres more or less.

 

is hereby rezoned from Districts R-7.5 (Residential 7.5), R-1.5 (Residential 1.5), and B3-2 (Community business (Dash 2)),all as shown outlined on a map marked Section 88-20A-1393, 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 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.

                     

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

______________________________

Joseph Rexwinkle, AICP

Secretary, City Plan Commission                     

                                                                                                         

Approved as to form:

 

 

______________________________

Sarah Baxter

Senior Associate City Attorney