COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050517

 

Approving a Community Unit Project on an approximately 166.088 acre tract of land generally located at 1907 N.W. Englewood Road. (12970-CUP-8)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project on an approximately 166.088 acre tract of land generally located at 1907 N.W. Englewood Road, and more specifically described as follows:

 

A tract of land in Section 34, Township 51, Range 33 East, more particularly described as follows: Commencing at the Northwest Corner of Section 34, Township 51, Range 33; thence South 00 33' 30" West, a distance of 35.00 feet to the true point of beginning; thence South 8914' 19" East, a distance of 840.35 feet; thence North 00 17' 27" East, a distance of 5.24 feet; thence South 89 14' 04" East, a distance of 1730.12 feet; thence South 89 13' 13" East, a distance of 969.04 feet; thence South 77 07' 06" East, a distance of 199.14 feet; thence South 04 48' 16" East, a distance of 1246.54 feet; thence N 89 13' 30" West, a distance of 166.50 Feet; thence South 00 19' 49" West, a distance of 1317.43 feet; thence South 89 13' 47" East, a distance of 9.22 feet; thence South 19 12' 57" West, a distance of 529.13 feet; thence along a curve to the right, said curve being the Westerly right-of-way line of State Highway No. 169, being tangent to the last described course, having a central angle of 81 50' 06", a radius of 834.40 feet, an arc length of 1191.77 feet, a chord bearing of South 60 08' 00" West and chord length of 1093.02 feet; thence North 00 10' 41" East, a distance of 1059.00 feet; thence North 89 26' 42" West, a distance of 411.14 feet; thence North 00 17' 27" East, a distance of 835.83 feet; thence North 89 26' 42" West, a distance of 901.50 feet; thence North 00 17' 27" East, a distance of 484.13 feet; thence North 89 20' 23" West, a distance of 414.54 feet; thence North 00 17' 27" East, a distance of 275.94 feet; thence North 89 14' 19" West, a distance of 845.04 feet; thence North 00 33' 30" East, a distance of 1004.50 feet, to the point of beginning. Except a tract of land in Section 34, Township 51, Range 33 East, more particularly described as follows: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of Section 34-51-33, thence North 0021'16" East, a distance of 35.00 feet to the true point of beginning: thence North 8914'40" West a distance of 647.76 feet, thence South 0031'19" West a distance of 639.05 feet; thence North 8957'36" East, a distance of 1078.58 feet: thence North 4324'33" East, a distance of 135.28 feet; thence North 8441'23" East, a distance of 22.81 feet; thence North 1635'42" East a distance 204.68 feet; thence North 0042'59" West, a distance of 146.90 feet; thence North 1602'37" West, a distance of 186.00 feet; thence North 8913'13"West, a distance of 546.00 feet to the point of beginning. Containing 7,234,810.58 square feet or 166.088 acres, more or less.

 

is hereby approved, subject to the following conditions:

 

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer dedicate additional right of way for N.W. Englewood Road as required by the Parks and Recreation Department so as to provide a minimum of 75 feet of right of way as measured from the centerline of N.W. Englewood Road.

3. That the developer construct the easternmost access as shown on the preliminary development plan so as to meet AASHTO criteria for intersection sight distance, as required by the Department of Public Works.

4. That the developer construct the westernmost access (across from the school entrance) so as to meet AASHTO criteria for intersection sight distance, as required by the Department of Public Works.

 

5. That the developer construct a westbound left turn lane on N.W. Englewood Road at the westernmost access (across from the school entrance) of a minimum of 150 feet in length with adequate taper, as required by the Department of Public Works.

 

6. That prior to issuance of certificates of occupancy for any buildings within the first phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct an eastbound right turn lane on N.W. Englewood Road at the southbound on-ramp of Highway 169 of a minimum of 220 feet in length with adequate taper, as required by the Department of Public Works.

7. That prior to issuance of certificates of occupancy for any buildings within the first phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct an eastbound through lane on N.W. Englewood Road at the southbound on-ramp of Highway 169 of a minimum of 220 feet in length with adequate taper, as required by the Department of Public Works.

8. That prior to the issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a westbound left turn lane on N.W. Englewood Road at the easternmost access of a minimum of 150 feet in length with adequate taper, as required by the Department of Public Works.

 

9. That prior to the issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a 300 foot southbound right turn lane on the southbound off-ramp of Highway 169 at N.W. Englewood Road, in accordance with the traffic study as approved by the Department of Public Works.

10. That prior to the issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a 380 foot westbound right turn lane on N.W. Englewood Road at the northbound on-ramp of Highway 169, in accordance with the traffic study as approved by the Department of Public Works.

 

11. That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including construction of curb, gutter, storm sewers, and sidewalks and installation of streetlights.

 

12. That the developer construct off-site and/or temporary cul-de-sacs as required by the Department of Public Works.

 

13. That the developer submit a macro/micro storm drainage study for the entire development to the City Engineer's Office for approval when the first plat is submitted and that the developer construct any improvements as required by the City Engineer's Office.

14. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

 

15. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities.

 

16. That the developer request that the Department of Public Works initiate an ordinance to establish or reestablish the grade on existing streets that are being improved, where roads are converted from private to public, or where existing grades change by more than six inches and the grades have been previously established, as required by the Department of Public Works.

17. That the developer subordinate to the City all private interest in the area of any right-of-way dedication and that the developer be responsible for all costs associated with subordination activities as required by the Department of Public Works.

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

 

19. That the developer integrate any relocated streetlights into the existing street light system as required by the Department of Public Works.

 

20. That the developer obtain a floodplain certificate if any grading is to occur within a floodplain as required by the Department of Codes Administration.

 

21. That the developer show the limits of the 100-year floodplain on the final plat.

22. That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on the final plat.

 

23. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

24. That the developer extend and/or relocate water lines as required by the Water Services Department.

 

25. That the developer extend and or relocate sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots in accordance with City standards and determine adequacy as required by the Department of Public Works.

 

26. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

27. That the developer comply with recommendations of the walkability plan, including provision of school crosswalks across N.W. Englewood Road at the westernmost access (across from the school entrance); adjacent sidewalks, signing, and amenities; ADA standard curb ramps; and signing for the school crosswalk, as required by the Department of Public Works and the Department of City Development in conjunction with installation of turn lanes.

 

28. That the developer include a statement on the final plat prohibiting vehicular access onto N.W. Englewood Road from all lots and tracts in the first plat, as shown on the development/preliminary plan.

 

29. That the developer include a statement on the final plat prohibiting vehicular access onto Missouri Highway 169 from Lots 27 through 46, as shown on the development/preliminary plan.

30. That the developer include a statement on the final plat regarding the required 50 foot landscaped buffer strip along N.W. Englewood Road and the north/south street extending from N.W. Englewood Road.

 

31. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department Public Works.

 

32. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the Department of Public Works.

 

33. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

34. That the developer submit a certificate of survey to the Department of City Development for approval prior to sale of individual townhome units.

 

35. That the developer submit a street tree planting plan as part of the final plat and secure the approval of the City Forester for street trees planted in right-of-way in front of residential lots, with a final approved copy to be submitted to the City Development Department staff. The plan shall include size, type, species, and placement of trees or design guidelines stating this information. Further, that the developer either install said trees within one year of the issuance of the home certificate of occupancy or within two (2) years of the recording of the plat and agree to maintain and guarantee the life of the tree for a period of one year following the installation of the tree/s as required by the Department of Parks and Recreation or enter into a deferral agreement for the installation, maintenance and guarantee of the trees as required by the Department of Public Works.

 

36. That the developer submit a final community unit project plan to the City Plan Commission for approval, including plans for building elevation, landscaping, grading, berming, screening, fencing, and signage.

 

37. That the developer submit a street name sign plan for the entire area for approval by the Street Naming Committee prior to submittal of the first final plat.

 

A copy of said Community Unit Project plan is on file in the office of the City Clerk with this ordinance, which is attached hereto and made a part hereof.

 

Section B. That the Council finds and declares that before taking any action on the proposed Community Unit Project 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