HomeMy WebLinkAbout1285 Vacation of Domain Street as Platted Riverside Horizons East First Plat and Replat of Lot 6 and Lot 7 BILL NO. 2014 -005 ORDINANCE NO.
AN ORDINANCE APPROVING THE VACATION OF DOMAIN STREET AS PLATTED ON
THE RIVERSIDE HORIZONS EAST FIRST PLAT, AND APPROVING A REPLAT OF LOT 6,
RIVERSIDE HORIZONS INDUSTRIAL IV EAST PLAT, AND LOT 7, RIVERSIDE HORIZONS
EAST FIRST PLAT, ALL IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI
WHEREAS, Riverside Horizons, LLC ( "Developer ") and the City of Riverside, Missouri
(the "City ") are parties to a Master Development Agreement dated May 10, 2011 ( "MDA ") which
provides for the terms and conditions upon which Developer may purchase portions of the
Mortgaged Property from the City and develop same; and
WHEREAS, Developer submitted an application (No. PC13 -28) requesting a replat of
Lot 6 of Riverside Horizons Industrial V East Plat and Lot 7 of Riverside Horizons East First Plat
(the "Replat Application "); and
WHEREAS, City staff recommended approval of the replat in the Staff Analysis Report,
attached as Exhibit A and incorporated herein, for the Replat Application; and
WHEREAS, the Planning Commission considered the Replat Application on January 9,
2014 and recommended approval to the Board of Aldermen, attached as Exhibit B and
incorporated herein; and
WHEREAS, in order to resize Lot 6 and Lot 7 in accordance with the Replat Application,
it is necessary to vacate Domain Street; and
WHEREAS, Developer submitted an application (No. PC13 -27) requesting that Domain
Street, identified as NW Domain Street south of NW 43` Street and North of NW 41s' Street, be
vacated (the "Vacation Application "); and
WHEREAS, City staff recommended approval of the vacation of Domain Street in the
Staff Analysis Report for the Vacation Application, attached as Exhibit C and incorporated
herein, provided that a cross - access easement be placed between Lot 6 and Lot 7 to allow
access between NW 43 and NW 41s Street at the east end of the development prior to transfer
of either such lot to Developer; and
WHEREAS, the Planning Commission held a public hearing to consider the Vacation
Application on January 9, 2014 and passed a resolution, attached as Exhibit B and incorporated
herein, recommending approval of the Vacation Application to the Board of Aldermen; and
WHEREAS, the Riverside Engineering Department submitted a statement finding the
proposed vacation acceptable because it will not adversely impact traffic flow, attached as
Exhibit D and incorporated herein; and
WHEREAS, the Riverside Fire Department submitted a statement, attached as Exhibit
E and incorporated herein, finding the vacation acceptable subject to a number of stipulations
required by the Fire Code that are incorporated into this Ordinance below; and
WHEREAS, the Board of Aldermen find it to be in the best interests of the City in order
to further the objectives of industrial and economic development of the City, and the terms and
conditions of the MDA as well as in furtherance of the objective to protect the health, safety, and
welfare of the businesses and citizens of the City to vacate Domain Street and to approve the
replat of Lot 6 and Lot 7 as set forth herein.
WA 4829505.1
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1 — APPROVAL OF THE VACATION OF DOMAIN STREET. In order to
further the objectives of industrial and economic development of the City, and the terms and
conditions of the MDA as well as in furtherance of the objective to protect the health, safety, and
welfare of the businesses and citizens of the City, Domain Street, described in the Vacation
Application as "NW Domain Street south of NW 43r Street and north of NW 41 Street," the
legal description of which is described in attached Exhibit F, and incorporated herein, is hereby
vacated subject to the following conditions:
A. A cul -de -sac shall be constructed at the east end of 43rd Street that is
sized to accommodate large trucks turning around in accordance with 2012 International
Fire Code Appendix D;
B. 41st Street shall connect with Canal St when development is sufficient to
require this connection. In the interim, temporary turn -a- rounds shall be provided in
accordance with 2012 International Fire Code Appendix D.
C. Fire Department access to the sanitary pump station shall be provided
and maintained.
D. A future water main will be required to be connected from 41st to water
main running along the Burlington Northern Santa Fe railroad tracks; proper access for
installation for the water main shall be provided.
E. The construction of a 70 -foot easement between the replatted Lots 6 and
7 is required for access and public safety purposes and shall be required as a condition
of approval of that replat when presented to the Board of Aldermen.
SECTION 2 — APPROVAL OF LOT 6 AND LOT 7 REPLAT. In order to further the
objectives of industrial and economic development of the City, and the terms and conditions of
the MDA as well as in furtherance of the objective to protect the health, safety, and welfare of
the businesses and citizens of the City, the Lot 6 and Lot 7 Replat, as legally described in
Exhibit G, a true and correct copy of such final plat is attached hereto and incorporated herein
as Exhibit H, is hereby approved subject to the condition that a 70 -foot easement between the
replatted Lots 6 and 7 shall be provided for access and public safety purposes and shall be
recorded prior to or upon the sale of the property.
SECTION 3 — AUTHORITY GRANTED. The Mayor, City Administrator, Special
Counsel to the City — Spencer Fane Britt & Browne LLP, and other appropriate officials and
employees of the City are hereby authorized and directed to execute and record the Lot 6 and
Lot 7 Replat and to take such further action related thereto as is otherwise necessary or
desirable to carry out and comply with the intent of this Ordinance.
SECTION 4 — SEVERABILITY CLAUSE. The provisions of this Ordinance are
severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such
determination shall not affect the validity of the remainder of this Ordinance.
SECTION 5 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after the date of its passage and approval.
2 WA 4829505.1
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City
of Riverside, Missouri, this 4 day of February, 2014.
i /
Kathleen L. Rose, Mayor
A. ST:
.
FtoISiri Liltrell, I ity Clerkv
Approved as to form:
Spe • ne Britt & Browne LLP
Spe •unsel to the City
By Joe Bednar
3 WA 4829505.1
Exhibit A
CITY OF City of Riverside
RIVERS STAFF ANALYSIS REPORT
MISSOUR Case # PC13 -28
Riverside Horizons Industrial IV East, A
Replat of Lots 5, 6, and 7 of Riverside
Horizons East First Plat
General Information
Applicant: NorthPoint Development
Location: East of Horizons Parkway, south of NW 43` Street, and north of NW 41 s ` Street
Application: Replat of Lots 5, 6, & 7, Riverside Horizons East First Plat
Current Zoning: PD Planned Development
Existing Land Use: Industrial and Undeveloped
Proposed Land Use: Industrial
Site Area: Approximately 37.797 acres divided into 3 lots. Lot 5 is 15.3 acres, Lot 6 is 14.217 acres and
Lot 7 is 8.27 acres.
Procedure: The plat will be reviewed by the Commission and the Board of Aldermen.
Analysis
Overview: North Point Development is currently working on the development of a mixed use business
park containing both light industrial and office uses. The Riverside Horizon site include approximately
253 acres with 1,100,000 square feet of office space on the south half of the site and 1,800,000 square feet
of industrial space on the north half of the site. The site will also consist of approximately 40 acres of
water surface that consists of two lakes and several canals that connect and surround the site.
Modifications: Because the overall site is so large, it has been anticipated that replats would be required
as development needs are identified. Lots 5, 6 and 7 are being replatted as a result of the vacation of NW
Domain Street and lot lines are being adjusted to accommodate future development. The adjust and right -
of -way modifications were necessary as building sizes have increased, thus shifting property lines. The
adjustment us lines allows Lots 5, 6 & 7 to accommodate more marketable buildings
Site Layout: The land included in the plat is mostly undeveloped and does not require any new right -of-
way or public utility easements as they were dedicated with the original plat. With the completion of the
infrastructure improvements, all proposed lots will have direct access to the transportation network and
public services.
Conformance to Comprehensive Master Plan: The modified plat and proposed use are in conformance
with the Comprehensive Master Plan as the plan identifies the area as industrial.
Recommendation
Staff finds the application in conformance with the Comprehensive Master Plan, UDO and previously
approved final plats, and therefore, recommends approval of the replat.
Attachments
• Proposed Plat
4 WA 4829505.1
Exhibit B
MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
RIVERSIDE, MISSOURI
Thursday, January 9, 2014
7:00 p.m.
The Planning and Zoning Commission for the City of Riverside, Missouri, met in regular session at Riverside
City Hall, 2950 NW Vivion Road, Riverside, Missouri.
Chair Al Bowman called the meeting to order at 7:00 p.m. Answering roll call were Al Bowman, Stephen King,
Ray Uhl, Harold Snoderley, Steven Kaspar, Art Homer and Mike Soler. Also present: Jackie Carlson City
Planner, Keith Payne Assistant Fire Marshall, and Community Development Assistant Sarah Wagner. Members
absent were Mike Lombardo, Jim Frakes and Mayor Kathy Rose.
Approval of Minutes of Commissioner King moved to approve the minutes of October 24,
October 24, October 30' October 30, and December 12, 2013, seconded by Commissioner
and December 12, 2013 Snoderley.
Motion passed 7 -0.
Public Hearing- Chair Bowman opened the Public Hearing at 7:01 p.m.
ROW Vacation Domain
Street Jackie Carlson gave an overview of the request. She explained
that the request is for the vacation of a public street that has not
been constructed yet in Horizons. With the construction of Spec
IV being larger than anticipated due to market demand the
applicant, North Point is requesting this vacation and will replat
the lots to reflect these changes. All lot lines will be shifted to the
east slightly to accommodate larger construction. A cross access
easement will be recorded separately between Lots 6 & 7 to allow
for north / south access and a 90 foot turn around radius will be
constructed at the end of 43 Street to accommodate Public
Safety and Public Works vehicles.
Commissioner King asked is the size of Lot 7 was being reduced.
Carlson explained that the size would remain the same, but the lot
lines were being shifted.
Commissioner King asked if there would still be adequate north /
south access.
Carlson said that is why the City will be requiring the cross access
5 WA 4829505.1
easement to be recorded.
Commissioner Kaspar asked is this would preclude Lot 7 from
any outdoor storage.
Carlson replied yes.
Commissioner Soler asked if the easement would be adequate.
Carlson said the easement will be 70 feet.
Commissioner Kaspar asked if North Point would have to
maintain the easement.
Carlson replied that they would be responsible for all
maintenance.
Commissioner Bowman asked about sidewalks.
Carlson said that sidewalks would be looked at as part of the site
plan as the property is developed.
Commissioner Soler asked about trails and bike lanes.
Carlson replied that there are some drainage issues and that the
City would like to limit the out of pavement.
Chair Bowman closed the public hearing at 7:05 p.m.
Commissioner Kaspar moved to recommend approval of the
vacation of NW Domain Street to the Board of Aldermen,
seconded by Commissioner Snoderley.
Motion passed 7 -0.
Carlson explained that this request for approval of a final plat for
Final Plat- Horizons Horizons Industrial IV East will reflect the changes as a result of
Industrial IV East the vacation of NW Domain Street and the shift of the lot lines to
the east.
Commissioner King moved to recommend approval of the final
plat of Horizons Industrial IV East to the Board of Aldermen,
seconded by Commissioner Soler.
Motion passed 7 -0.
Adjourn Commissioner Snoderley moved to adjourn at 7:23 p.m.
Commissioner Uhl seconded and the meeting was adjourn 7 -0.
6 WA 4829505.1
Exhibit C
CITY OF City of Riverside
RIVERS STAFF ANALYSIS REPORT
"^'+s.w■ MISSOURI
Upstream fro ordinary. Case Number PC 13 -27, Right -of -Way Vacation
NW Domain Street - Riverside Horizons
General Information
Applicant: NorthPoint Development
Location: NW Domain Street south of NW 43r Street and north of NW 41s Street.
Application: Vacation
Zoning: PD- Planned Development
Existing Land Use: Industrial and Undeveloped
Proposed Land Use: Industrial
Action: Recommendation by the Planning Commission to the Board of Aldermen.
Site Area: 87,179 sq.ft. ( -100 ft. x 871 ft.)
Procedure
The procedure for the vacation of right -of -way is governed by Section 400.280 of the Unified
Development Ordinance (UDO). A right -of -way vacation requires a public hearing before the
Planning Commission and the Board of Aldermen after notice has been given at least fifteen
days in advance in a local paper, and properties owners within 185 feet have been notified; these
requirements have been satisfied for this request. If recommended by the Planning Commission
and approved by the Board of Aldermen, an ordinance shall be passed by the Board of Aldermen
and filed with the Platte County Recorder of Deeds.
Introduction
The applicant, NorthPoint Development, is requesting the right -of -way for Domain Street
between NW 43rs Street and NW 41 Street to be vacated. This area being vacated is 87,179
square feet of the proposed construction of NW Domain Street that would have connected NW
43 Street and NW 41 Street. The applicant has had to slightly modify building sizes due to
market demands. By vacating NW Domain Street this allows the applicant to construct more
efficient buildings.
Analysis
The portion of the existing right -of -way to be vacated is not necessary for the required
maintenance of City streets. By including this area into the overall development plan for
Horizons is allows for more buildable lots for the developer. With the vacation of the 100 foot
wide right -of -way the applicant has agreed to construct a 90 foot turn around at the end of NW
43 Street to allow easy turn around access for City maintenance vehicles, Public Safety vehicles
7 WA 4829505.1
and semi - trucks. A cross access easement, that will be recorded as a separate document, will be
placed between Lots 6 and 7 to allow access between NW 43` and NW 41 Street at the east end
of the development. Traffic from NW 41 Street will still have the ability to turn south on NW
Canal Street and access the office park. A 40 foot sanitary sewer easement exist along the east
side of Lot 7 and a 5 foot KCP &L easement exists along the north of NW 41 Street. That will
not be impacted by this vacation. Any additional utilities will require separate easements.
Attachments
Site Plan
Horizons Master Plan
Recommendation
Staff supports the request of the vacation of right -of -way for NW Domain Street as it is in
conformance with the approved Master Plan and does not negatively impact traffic flow of the
development.
8 WA 4829505.1
Exhibit D
CITY OF
RIVERS I
Upstream from ordinary.
Memo
Domain Street Vacation
NAME:OF PROJECT: Horizons Development•
PROJECT LOCATION; East Of Horizotis °pkwy
SUBJECT LQCKEIQN: Doryialh St, betweei 4tantl43
DATE January 30, IOU
The future industrial buildings east of Linden and between 41 and 43` St increased in size
causing a need for more developable property. The proposed solution is to vacate Domain St.
between 41" and 43 St. This vacation will not impact traffic flow and is accepted by the
engineering department.
9 WA 4829505.1
Exhibit E
Riverside, Missouri Fire Department
\ ',
January 30'", 2014
RE: Domain St. Vacation between 41" & 43 St.
With the increase in size of the present construction and future construction industrial buildings east of
Linden, north of 41 ", south of 43" has caused a need to increase and move the present lots in this area.
The proposed solution is to vacate Domain St. running north & south between 41" & 43" streets at the
east end of these lots.
The Fire department accepts this solution with the following stipulations based on the 2012
International Fire codes.
• A cul -de -sac shall be constructed at the east end of 43" street in accordance with 2012 International
Fire Code appendix D, to accommodate large trucks to turn around.
• 41" St shall connect with Canal St when development is sufficient to need this connection. In the
interim temporary turn a rounds shall be provided in accordance with 2012 International Fire Code
appendix D.
• Fire Department access to the sanitary pump station shall be provided and maintained.
• A future water main will be required to be connected from 41" to water main running along the
Burlington Northern Santa Fe railroad tracks, proper access for installation for the water main will be
provided.
Respectively,
Gordon Fowlston
Fire Chief
10 WA 4829505.1
Exhibit F
rin;3eiglegel deettiletitSPIDbMaintreettaatiOnJ
1 1 WA 4829505.1
Exhibit _
Domain Street Right -of -Way Vacation
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All that part of Domain Street right -of -way abutting Tracts A and B, and Lots 7 and 8, RIVERSIDE
HORIZONS EAST FIRST PLAT, a subdivision of land in the City of Riverside, Platte County, Missouri,
more particularly described as follows:
Beginning at the Southeast corner of said Lot 7, said point being on the Westerly right -of -way line of said
Domain Street, as it now exists; thence North 21 °54'54" East, coincident with said Westerly right -of -way
line, 871.79 feet to the Northeast corner of said Lot 7; thence South 68 °05'05" East, coincident with the
Southeasterly prolongation of the North line of said Lot 7, a distance of 100.00 feet to a point on the
Easterly right -of -way line of said Domain Street; thence South 21 °54'54" West, coincident with said
Easterly right -of -way line, 871.79 feet; thence North 68 °05'05" West, coincident with the Southeasterly
prolongation of the South line of said Lot 7, a distance of 100.00 feet to the Point of Beginning, containing
87,178 square feet, or 2.001 acres, more or less.
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infrastructure
[onsulting
11490 STRAN9 LINE ROAD 915.317.9500
LENEXA. KANSAS 66215 WWW.RIC- CONSULT.CON
Exhibit G
All of Lot 6, RIVERSIDE HORIZONS INDUSTRIAL IV EAST, and all of Lot 7, RIVERSIDE
HORIZONS EAST FIRST PLAT, both subdivisions of land, according to the recorded plats
thereof, and part of Domain Street right -of -way, all in the City of Riverside, Platte County,
Missouri, more particularly described as follows:
Beginning at the Northwest corner of said Lot 6, said point being on the Southerly right -of -way
line of 43 Street, as it now exists; thence South 68 °05'05" East, coincident with said Southerly
right -of -way line and its Southeasterly prolongation, 1,123.56 feet to a point on the Easterly
right -of -way line of said Domain Street, as it now exists; thence South 21 °54'55" West,
coincident with said Easterly right -of -way line, 871.79 feet to a point on the Southeasterly
prolongation of the Northerly right -of -way line of 41 Street, as it now exists; thence North
68 °05'05" West, coincident with said Northerly right -of -way line and its Southeasterly
prolongation, 1,123.56 feet to the Southwest corner of said Lot 6; thence North 21 °54'55" East,
coincident with the West line of said Lot 6, a distance of 871.79 feet to the Point of Beginning,
containing 979,509 square feet, or 22.486 acres, more or less.
To be known as RIVERSIDE HORIZONS INDUSTRIAL V EAST, a subdivision in Riverside,
Platte County, Missouri.
12 WA 4829505.1
Exhibit H
13 WA 4829505.1
FINAL PLAT
RIVERSIDE HORIZONS INDUSTRIAL V EAST
A REPLAT OF LOT 6, RIVERSIDE HORIZONS INDUSTRIAL IV EAST PLAT, AND LOT 7,
_ RIVERSIDE HORIZONS EAST FIRST PLAT, AND PART OF DOMAIN STREET RIGHT -OF -WAY
- ALL IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI
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