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Legislation #: 200372 Introduction Date: 5/14/2020
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved Chapter 80 community unit project (Somerbrook) in District R-7.5 on approximately 230 acres generally located at the northeast corner of M-291 (N.E. Cookingham Drive) and N. Stark, extending up to N.E. 112th Street, to allow for modifications to the Eighth and Ninth Plats. (CD-CPC-2019-00137)

Legislation History
DateMinutesDescription
5/14/2020 Filed by the Clerk's office
5/14/2020 Referred to Neighborhood Planning and Development Committee
5/20/2020 Advance and Do Pass as a Committee Substitute, Debate
5/21/2020 Passed as Substituted

View Attachments
FileTypeSizeDescription
20-04-10_112th Street Construction Entrance.pdf Plan 205K Construction Traffic Plan
200372.pdf Authenticated 406K Authenticated Ordinance
200372 cs to org ord-com.docx Compared Version 28K Colored Compared Version
CPC-2019-00137_Approved Plan.pdf Plan 10702K Plan
CD-CPC-2019-00137_Factsheet.pdf Fact Sheet 175K Fact Sheet
Ord No. 200372.pptx Other 22687K PowerPoint
04_CD-CPC-2019-00137_CPCSTAFFRPT_04_07_20.pdf Staff Report 6841K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 200372

 

Approving an amendment to a previously approved Chapter 80 community unit project (Somerbrook) in District R-7.5 on approximately 230 acres generally located at the northeast corner of M-291 (N.E. Cookingham Drive) and N. Stark, extending up to N.E. 112th Street, to allow for modifications to the Eighth and Ninth Plats. (CD-CPC-2019-00137)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a previously approved Chapter 80 community unit project (Somerbrook) in District R-7.5 (Residential 7.5) on approximately 230 acres generally located at the northeast corner of M-291 (N.E. Cookingham Drive) and N. Stark, extending up to N.E. 112th Street, and more specifically described as follows:

 

All of Somerbrook First Plat, Second Plat, Third Plat, Fourth Plat, Fifth Plat, Sixth Plat, and Seventh Plat, subdivisions in Kansas City, Clay County, Missouri, plus that area described as follows: A tract of land within the Northwest Quarter and the Northeast Quarter of Section 26, Township 52 North, Range 32 West, Kansas City, Clay County, Missouri. Being more particularly described as follows: Beginning at the Northwest Corner of the said Northwest Quarter of Section 26, thence South 89 degrees 17 minutes 47 seconds East, on the North line of said Northwest Quarter, a distance of 2,633.23 feet to the Northeast corner of the said Northwest Quarter; thence South 89 degrees 23 minutes 14 seconds East, on the North line of the said Northeast Quarter, a distance of 1,318.96 feet; thence leaving said North line, South 00 degrees 43 minutes 54 seconds West, a distance of 1,118.53 feet to the Northeast corner of Tract C, Somerbrook Third Plat, a subdivision in Kansas City, Clay County, Missouri; thence on the northerly subdivision line of said Somerbrook Third Plat the following four calls, South 67 degrees 29 minutes 21 seconds West, (South 67 degrees 31 minutes 52 seconds West, plat) a distance of 663.05 feet (662.28 feet plat); thence South 57 degrees 09 minutes 52 seconds West, a distance of 222.00 feet; thence South 80 degrees 45 minutes 01 seconds West, a distance of 266.94 feet; thence South 06 degrees 23 minutes 47 seconds West, a distance of 90.00 feet to the Northerly subdivision line of Somerbrook Sixth Plat, a subdivision in the north half of Section 26, Township 52, Range 32, Kansas City, Clay County, Missouri; thence along said northerly subdivision line the following nine calls, North 81 degrees 38 minutes 27 seconds, a distance of 103.90 feet; thence South 81 degrees 45 minutes 53 seconds West, a distance of 103.90 feet; thence South 68 degrees 52 minutes 23 seconds West, a distance of 90.89 feet; thence North 17 degrees 42 minutes 29 seconds West, a distance of 87.91 feet; thence North 27 degrees 02 minutes 44 seconds West, a distance of 87.91 feet; thence North 36 degrees 22 minutes 59 seconds West, a distance of 87.91 feet; thence North 45 degrees 43 minutes 15 seconds West, a distance of 87.91 feet; thence North 54 degrees 09 minutes 35 seconds West, a distance of 80.74 feet; thence North 69 degrees 58 minutes 32 seconds West, a distance of 102.60 feet (102.63 feet plat) to the Southeasterly right-of-way line of North Ditzler Avenue, established by the said Somerbrook Third Plat and Somerbrook Fifth Plat, a subdivision in the Northwest Quarter of Section 26, Township 52, Range 32, Kansas City, Clay County, Missouri, said point also being the point of curve of a non-tangent curve to the left, with a tangent bearing of North 20 degrees 01 minutes 31 seconds East, thence on said curve with a radial distance of 580.00 feet; through a central angle of 00 degrees 22 minutes 18 seconds, and an arc distance of 3.76 feet; thence continuing on the said right-of-way line the following six calls, North 19 degrees 39 minutes 14 seconds East, a distance of 100.19 feet to a point of curve to the right having a radius of 645.00 feet and a central angle of 16 degrees 10 minutes 21 seconds; thence Northeasterly along the arc a distance of 182.06 feet to the dividing subdivision line between said Somerbrook Third Plat and said Somerbrook Fifth Plat, also being the point of curve of a non-tangent curve to the right, with a tangent bearing of North 35 degree 49 minutes 36 seconds East, thence on said curve with a radial distance of 645.00 feet; through a central angle of 00 degrees 24 minutes 47 seconds, and an arc distance of 4.65 feet; thence North 36 degrees 14 minutes 23 seconds East, a distance of 180.83 feet to a point of a curve thence on said curve to the left having a radius of 1,030.00 feet and a central angle of 08 degree 26 minutes 13 seconds; and an arc a distance of 151.67 feet to the Northerly subdivision line of said Somerbrook Fifth Plat; thence on said northerly subdivision line the next two calls, North 62 degree 11 minutes 50 seconds West, a distance of 185.86 feet; thence North 89 degrees 17 minutes 40 seconds West, a distance of 653.53 feet to the subdividing line between said Somerbrook Fifth Plat and Somerbrook Fourth Plat a subdivision in the Northwest Quarter of Section 26, Township 52, Range 32, Kansas City, Clay County, Missouri; thence on the northerly subdivision line of said Somerbrook Fourth Plat the following sixteen calls, continuing North 89 degrees 17 minutes 40 seconds West, a distance of 19.15 feet; thence South 73 degrees 35 minutes 17 seconds West, a distance of 79.27 feet to the point of curve of a non-tangent curve to the left, with a tangent bearing of North 16 degrees 24 minutes 43 seconds West, thence on said curve with a radial distance of 275.00 feet, through a central angle of 07 degrees 46 minutes 09 seconds, and an arc distance of 37.29 feet; thence South 65 degrees 49 minutes 07 seconds West, a distance of 117.76 feet; thence North 89 degree 58 minutes 54 seconds West, a distance of 65.52 feet; thence North 56 degrees 56 minutes 20 seconds West, a distance of 99.36 feet; thence South 64 degrees 31 minutes 32 seconds West, a distance of 59.08 feet; thence South 87 degrees 32 minutes 22 seconds West, a distance of 156.56 feet to the point of curve of a non-tangent curve to the left, with a tangent bearing of South 02 degrees 27 minutes 36 seconds East, thence on said curve with a radial distance of 225.00 feet, through a central angle of 03 degrees 00 minutes 45 seconds, and an arc distance of 11.83 feet; thence South 84 degrees 31 minutes 41 seconds West, a distance of 98.66 feet; thence North 58 degrees 15 minutes 40 seconds West, a distance of 91.78 feet; thence South 33 degrees 57 minutes 53 seconds West, a distance of 44.34 feet; thence North 62 degrees 34 minutes 06 seconds West, a distance of 119.96 feet; thence North 27 degrees 25 minutes 54 seconds East, a distance of 40.00 feet; thence North 62 degrees 34 minutes 06 seconds West, a distance of 521.63 feet; thence South 38 degrees 06 minutes 25 seconds West, a distance of 60.59 feet (60.58 feet Plat) to the Northerly subdivision line of Somerbrook Second Plat, a subdivision in Kansas City, Clay County, Missouri; thence on said northerly line North 89 degrees 04 minutes 06 seconds West, a distance of 366.85 feet (367.01 feet plat); thence North 00 degrees 55 minutes 40 seconds East, a distance of 429.82 feet to the point of beginning.

Containing 3,671,419 square feet or 84.28 acres, more or less.

 

Less all of Somerbrook Seventh Plat, a subdivision in Kansas City, Clay County, Missouri, described as follows: A tract of land in the North Half of Section 26, Township 52 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri being bounded and described as follows: Beginning at the Northeast corner of Lot 366, Somerbrook Sixth Plat, a subdivision in said Kansas City, Clay County, Missouri; thence North 81 degrees 38 minutes 27 seconds West, along the North line of said Somerbrook Sixth Plat, 103.90 feet; thence South 81 degrees 45 minutes 53 seconds West, continuing along said North line, 103.90 feet; thence South 68 degrees 52 minutes 23 seconds West, continuing along said North line, 90.89 feet; thence North 17 degrees 42 minutes 29 seconds West, continuing along said North line, 87.91 feet; thence North 27 degrees 02 minutes 44 seconds West, continuing along said North line, 87.91 feet; thence North 36 degrees 22 minutes 59 seconds West, continuing along said North line, 87.91 feet; thence North 45 degrees 43 minutes 15 seconds West, continuing along said North line, 87.91 feet; thence North 54 degrees 09 minutes 35 seconds West, continuing along said North line, 80.74 feet; thence North 69 degrees 58 minutes 32 seconds West, continuing along said North line, 102.60 feet to a point on the East right-of-way line of N. Ditzler Avenue, as now established; thence Northerly, along said East right-of-way line, along a curve to the left, having an initial tangent bearing of North 20 degrees 01 minutes 31 seconds East with a radius of 580.00 feet, a central angle of 00 degrees 22 minutes 18 seconds and an arc distance of 3.76 feet; thence North 19 degrees 39 minutes 14 seconds East, continuing along said East right-of-way line, 100.19 feet; thence Northeasterly, continuing along said East right-of-way line, along a curve to the right, being tangent to the last described course with a radius of 645.00 feet, a central angle of 16 degrees 35 minutes 09 seconds and an arc distance of 186.71 feet; thence North 36 degrees 14 minutes 23 seconds East, continuing along said East right-of-way line, 180.83 feet; thence Northeasterly, continuing along said East right-of-way line, along a curve to the left being tangent to the last described course with a radius of 1,030.00 feet, a central angle of 08 degrees 26 minutes 13 seconds and an arc distance of 151.67 feet to a point on the North line of Somerbrook Fifth Plat, a subdivision in said Kansas City, Clay County, Missouri; thence North 62 degrees 11 minutes 50 seconds West, along said North line, 185.86 feet; thence North 89 degrees 17 minutes 40 seconds West, continuing along said North line and along the North line of Somerbrook Fourth Plat, a subdivision in said Kansas City, Clay County, Missouri, 672.68 feet; thence South 73 degrees 35 minutes 17 seconds West, along the North line of said Somerbrook Fourth Plat, 79.27 feet; thence Northerly, continuing along said North line, along a curve to the left, having an initial tangent bearing of North 16 degrees 24 minutes 43 seconds West with a radius of 275.00 feet, a central angle of 07 degrees 46 minutes 09 seconds and an arc distance of 37.29 feet; thence South 65 degrees 49 minutes 07 seconds West, continuing along said North line, 117.76 feet; thence North 89 degrees 58 minutes 54 seconds West, continuing along said North line, 65.52 feet; thence North 56 degrees 56 minutes 20 seconds West, continuing along said North line, 99.36 feet; thence South 64 degrees 31 minutes 32 seconds West, continuing along said North line, 59.08 feet; thence South 87 degrees 32 minutes 22 seconds West, continuing along said North line, 156.56 feet; thence Southerly, continuing along said North line, along a curve to the left, having an initial tangent bearing of South 02 degrees 27 minutes 36 seconds East with a radius of 225.00 feet, a central angle of 03 degrees 00 minutes 45 seconds and an arc distance of 11.83 feet; thence South 84 degrees 31 minutes 41 seconds West, continuing along said North line, 98.66 feet; thence North 58 degrees 15 minutes 40 seconds West, continuing along said North line, 91.78 feet; thence North 27 degrees 25 minutes 54 seconds East, 171.95 feet; thence North 29 degrees 30 minutes 40 seconds East, 66.56 feet; thence North 45 degrees 09 minutes 25 seconds East, 61.28 feet; thence North 62 degrees 46 minutes 51 seconds East, 61.28 feet; thence North 80 degrees 24 minutes 17 seconds East, 61.28 feet; thence South 59 degrees 30 minutes 03 seconds East, 81.92 feet; thence South 66 degrees 03 minutes 27 seconds East, 50.07 feet; thence North 23 degrees 56 minutes 33 seconds East, 65.88 feet; thence South 89 degrees 17 minutes 47 seconds East, 1,268.37 feet; thence Southerly, along a curve to the right, having an initial tangent bearing of South 05 degrees 25 minutes 02 seconds West with a radius of 1,030.00 feet, a central angle of 01 degrees 21 minutes 37 seconds and an arc distance of 24.46 feet; thence South 73 degrees 09 minutes 28 seconds East, 230.80 feet; thence South 56 degrees 58 minutes 23 seconds East, 111.62 feet; thence South 16 degrees 50 minutes 32 seconds West, 123.89 feet; thence South 73 degrees 09 minutes 28 seconds East, 76.83 feet; thence Easterly, along a curve to the left, being tangent to the last described course with a radius of 275.00 feet, a central angle of 04 degrees 45 minutes 45 seconds and an arc distance of 22.86 feet; thence South 12 degrees 04 minutes 47 seconds West, 50.00 feet; thence South 12 degrees 15 minutes 48 seconds East, 377.65 feet; thence South 05 degrees 19 minutes 24 seconds West, 51.88 feet; thence South 77 degrees 44 minutes 12 seconds West, 56.42 feet; thence South 39 degrees 41 minutes 49 seconds East, 214.44 feet; thence Southwesterly, along a curve to the right, having an initial tangent bearing of South 50 degrees 18 minutes 11 seconds West with a radius of 275.00 feet, a central angle of 20 degrees 44 minutes 38 seconds and an arc distance of 99.56 feet; thence South 18 degrees 57 minutes 11 seconds East, 146.47 feet to a point on the North line of Tract C, Somerbrook Third Plat, a subdivision in said Kansas City, Clay County, Missouri; thence South 80 degrees 45 minutes 01 seconds West, along said North line, 262.72 feet to the Northwest corner of said Tract C; thence South 06 degrees 23 minutes 47 seconds West, along the West line of said Tract C, 90.00 feet to the point of beginning. Containing 1,181,533 square feet or 27.12 acres, more or less.

 

Subject to that part in N. Stark Avenue and N.E. 112th Street.

 

is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit a street naming plan to the Development Management Division prior to issuance of a building permit. The street naming plan shall be approved prior to Mylar approval of the final plat.

 

2.                  Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

3.                  The developer shall submit a project plan to the City Plan Commission for all private open space indicating plans for landscaping, grading, detailed internal circulation, signage, lighting and a photometric study showing zero footcandles at the property lines prior to Mylar approval or issuance of a building permit.

 

4.                  The developer shall enter into a cooperative agreement with the City whereby the developer agrees to provide $892,612.02 to the City for improvement of N.E. 112th Street. The agreement shall provide that the payment of funds is to be made in even amounts over the next four final plats so that the total contribution is $892,612.02 provided that the total contribution be paid to the City prior to the recording of the last final plat or December 31, 2027, whichever occurs first. The cooperative agreement shall be executed prior to release of the next final plat for recording.

 

5.                  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.

 

6.                  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.

 

7.                  The developer shall grant on City approved forms, a stream buffer easement to the City or show and label the final stream buffer zones on the subdivision plat within a private open space tract, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

8.                  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.

 

9.                  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.

 

10.              The developer shall submit covenants, conditions and restrictions to the Land Development Division for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.

 

11.              The developer shall obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

12.              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.

 

13.              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.

 

14.              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.

 

15.              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.

 

16.              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.

 

17.              The developer shall provide for dedication of additional right-of-way for N.E. 112th Street so as to provide a total of 30 feet right-of-way as measured from the centerline for N.E. 112th Street on the south half as required by the Land Development Division and the Department of Public Works.

 

18.              The developer shall provide for the dedication at the northern portion of N. Stark Avenue so as to provide a total of 40 feet of right-of-way as measured from the centerline for N. Stark Avenue on the east half as required by the Land Development Division and the Department of Public Works.

 

19.              The developer shall submit a stream buffer plan prior to approval of the plan in accordance with the Section 88-415 requirements including obtaining a permit prior to removal of any mature riparian species, necessary easements, and stormwater management facilities or BMPs not be located within the stream buffer middle zone or closer. A maximum of 40% of the outer zone can be disturbed.

 

20.              The developer shall submit a macro storm drainage study from a Missouri licensed civil engineer, showing compliance with the latest adopted version of APWA 5600 standards in effect at the time of submission, including Water Quality BMP per the latest adopted version of the MARC BMP Manual, 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. After approval of the study, the developer shall construct any improvements necessary to mitigate impacts from rate, volume (10% and 1% rain events at a minimum), and quality of runoff from each proposed phase.

 

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

 

22.              Fire hydrant(s) are required within 400 feet on a fire access road following an approved fire hydrant shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC-2012: § 3312.1; NFPA 241-2010: § 8.7.2)

 

23.              Fire Department access roads shall be provided prior to construction/demolition projects begin. (IFC-2012: § 3310.1; NFPA 241-2009: § 7.5.5)

 

24.              The developer shall submit water main extension drawings prepared by a registered professional engineer in Missouri to the main extension desk for review, acceptance and contracts per the Kansas City Water Rules and Regulations for water main extensions and relocations.

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 B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

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

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney