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Legislation #: 190509 Introduction Date: 6/20/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning approximately 123.5 acres of land generally located at the northeast and northwest corners of N. Eastern Avenue and N.E. Cookingham Drive from District R-80 to District MPD, and approving a preliminary MPD plan to allow for construction of 297 single family homes, 230 multi-family units, community pools and clubhouses, a day care facility, retail space, and a convenience store with fuel pumps. (CD-CPC-2019-00003).

Legislation History
DateMinutesDescription
6/20/2019 Filed by the Clerk's office
6/20/2019 Referred to Planning, Zoning & Economic Development Committee
6/26/2019 Hold On Agenda (7/10/2019)
7/10/2019 Hold On Agenda (7/17/2019)
7/17/2019 Advance and Do Pass as a Committee Substitute, Debate
7/18/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
Eagle Valley MPD Revised 2019.07.16 (849604xA006D)_v4 - at PZED.pdf Plan 22054K Development Plans Revised for PZED consideration at the time of the hearing
20190607 Eagle Valley Revised submitted Compass (845892xA006D)_v2 w elevations.pdf Plan 32618K * Development Plans Revised for PZED consideration
190509 Sub.pdf Authenticated 371K Authentic ordinance
Speaker Cards.pdf Other 411K Speaker Cards
190509 (1).pdf Other 1276K Handout
Eagle Valley-.pdf Other 2094K Handout
190509.pdf Other 369K Handout
07-17-19_PZE 190-567-568-576-509.pptx Other 30101K * Presentation
Docket Map.pdf Advertise Notice 250K Docket Map - Exhibit A
Factsheet_CD-CPC-2019-00003.docx Fact Sheet 24K Council Fact Sheet
Ordinance Request CD-CPC-2019-00003.docx Request for Ordinance 27K Ordinance Request
20190607 Eagle Valley Revised submitted Compass (845892xA006D)_v2 w elevations.pdf Plan 32618K * Development Plans
CD-CPC-2019-00003_EagleVelleyMPD_StaffReport PZED 06-26-19.pdf Staff Report 182K Staff Report
* - Attachment is too large for LiveWeb to display.

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190509

 

Rezoning approximately 123.5 acres of land generally located at the northeast and northwest corners of N. Eastern Avenue and N.E. Cookingham Drive from District R-80 to District MPD, and approving a preliminary MPD plan to allow for construction of 297 single family homes, 230 multi-family units, community pools and clubhouses, a day care facility, retail space, and a convenience store with fuel pumps. (CD-CPC-2019-00003).

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 88-20A1204, rezoning an area of approximately 123.5 acres generally located at the northeast and northwest corners of N. Eastern Avenue and N.E. Cookingham Drive from District R-80 (Residential 80) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A1204. That an area legally described as:

 

Real property in the City of Kansas City, County of Clay, State of Missouri, described as follows:

 

All that part of the Southeast 1/4 of Section 21, and the South 1/2 of Section 22, both in Township 52 North, Range 32 west, in Kansas City, Clay County, Missouri, more particularly described as follows: Beginning at the southeast corner of the Southwest 1/4 of said Section 22; thence North 88 decrees 51 minutes 58 seconds West, along the south line of said 1/4 Section, 36.11 feet to its intersection with the northeasterly line of Missouri State Route 291, as now established; thence generally northwesterly, along said northeasterly line, the following courses and distances: thence North 52 degrees 50 minutes 26 seconds West, 555.92 feet; thence North 37 degrees 09 minutes 34 seconds East, 10.00 feet, thence North 52 degrees 50 minutes 26 seconds West, 30.00 feet; thence South 37 degrees 09 minutes 34 seconds West, 10.00 feet; thence North 52 degrees 50 minutes 26 seconds West, 980.00 feet; thence North 37 degrees 09 minutes 34 seconds East, 10.00 feet; thence North 52 degrees 50 minutes 28 seconds West, 20.00 feet; thence South 37 degrees 09 minutes 34 seconds West, 10.00 feet; thence North 52 degrees 50 minutes 26 seconds West 175.55 feet; thence northwesterly, along a curve to the right from the last described course as a tangent, having a radius of 22,877.42 feet, and a central angle of 1 degree 21 minutes 41 seconds, an arc distance of 543.58 feet; thence North 51 decrees 28 minutes 45 seconds West, tangent to the last described curve, 190.14 feet, thence North 38 degrees 31 minutes 15 seconds East, 5.00 feet, thence North 51 degrees 28 minutes 45 seconds West, 20.00 feet; thence South 38 degrees 31 minutes 15 seconds West, 5.00 feet; thence North 51 degrees 28 minutes 45 seconds West, 1340.00 feet, thence North 38 degrees 31 minutes 15 seconds East, 10.00 feet, thence North 51 degrees 28 minutes 45 seconds West, 114.87 feet; thence northwesterly, along a curve to the left from the last described course as a tangent having a radius of 1482. 39 feet, and a central angle of 5 degrees 24 minutes 48 seconds, an arc distance of 140.06 feet, thence South 33 degrees 06 minutes 27 seconds West, normal to the last described curve, 10.00 feet; thence northwesterly, along a curve to the left from the last described course as a normal, having a radius of 1472.39 feet, and a central angle of 13 degrees 26 minutes 63 seconds. an arc distance of 345.59 feet; thence North 19 degrees 39 minutes 34 seconds East, normal to the last described curve, 38.58 feet to a point on the north line of the Southeast 1/ 4 of Section 21; thence South 89 decrees 19 minutes 09 seconds East, along said north line, 938.92 feet to the northeast corner thereof, being also the northwest corner of the Southwest 1/4 of said Section 22; thence South 88 degrees 55 minutes 56 seconds East, along the north line of said 1/4 Section, 2644.81 feet to the northeast corner thereof, being also the northwest corner of the Southeast 1/ 4 of s/aid Section 22; thence South 88 degrees 52 minutes 06 seconds East along the north line of said 1/4 Section, 275. 74 feet to the northeast corner of the west sixteen and three-quarters acres (16-3/4 acres) of said 1/4 Section; thence South 0 degrees 23 minutes 22 seconds West, along the east line of said west sixteen and three-quarters acres (16-3/ 4 acres}, and parallel with the west line of said 1/4 Section, 2627.92 feet to the south line of said 1/4 Section; thence North 89 degrees 37 minutes 57 seconds West, along said south line, 275.71 feet to the point of beginning.

 

Excepting therefrom, and subject to the rights of the public, if any, in the tract of land lying westerly of the following described line: Beginning at a point on the north line of the Southeast 1/4 of said Section 21, 857.86 feet west of the northeast corner thereof, measured along said north line; thence South 34 degrees 25 minutes 03 seconds East, 125.80 feet to a point on the northeasterly line of said Missouri State Route 291, said point being 102.93 feet south of the north line of said 1/4 Section, and 786.19 feet west of the east line of the said 1/4 Section, measured perpendicular to the north and east lines.

 

is hereby rezoned from District R-80 (Residential 80) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1204, 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 preliminary MPD development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                  Master Planned Development (MPD) Final Development Plans shall be submitted and reviewed by the City Plan Commission in accordance with Section 88-520-04-A for each phase of the development, excluding the single family homes.

2.                  A waiver be granted to the front setback line along N.E. Cookingham Road to allow for a consistent setback line where “notches” in the right-of-way exist.

3.                  Lot 4 of the single family portion of the development shall provide private open space along the rear property per Section 88-405-05-F as buffer along Cookingham Drive.

4.                  The day care open play areas must be enclosed with a fence at least 4 feet in height (Section 88-330-02-E).

5.                  The day care must provide at least 500 square feet of lot area and at least 100 square feet of open play area for each enrollee (Sections 88-330-02-B and 88-330-02-D).

6.                  Signage shall comply with the sign regulations of the City’s Zoning and Development Code.

7.                  All exterior light fixtures for commercial and multi-family uses shall comply with Section 88-430-05.

8.                  Prior to issuance of a final certificate of occupancy, a sealed letter by a licensed engineer shall be submitted, stating that photometrics on the site comply with the approved photometric plan. (Section 88-430-06-C)

9.                  All mechanical units and trash enclosures shall be screened in accordance with Section 88-425-08.

10.              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 certificate of occupancy.

11.              Provide a break in the street names for Eagle Valley Lane generally where said roadways change from a predominately east/west roadway to a north/south roadway at the time of platting.

12.              Proposed street names shall comply with Section 88-405-10-L.

13.              File a vacation of right-of-way application for the former right-of-way location of N. Eastern Avenue. This right-of-way must be vacated prior to the issuance of any building permits on Lot E1 (convenience store with fuel pumps).

14.              The developer shall dedicate necessary right-of-way for N. Eastern Avenue at the time of platting.

15.              Charles Street roadway shall be constructed to the north property line as shown on the plans at the time of platting that phase of development per Section 88-405-10-B of the Zoning and Development Code.

16.              The developer shall post a sign at the terminus of all stub streets indicating that the stub street is intended to be opened to through traffic when the adjacent property is developed. The sign must state "FUTURE THROUGH STREET. TO BE CONNECTED WHEN ABUTTING PROPERTY DEVELOPS." The City may provide specifications for required signs. (Section 88-405-10-B-6)

17.              The developer shall grant a BMP easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

18.              After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

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

20.              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.

21.              The east and west half of N. Eastern Avenue shall be improved to City standards as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road, and obtaining required permits from the Land Development Division for said improvements prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

22.              The owner/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.

23.              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.

24.              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.

25.              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.

26.              The developer shall dedicate additional right-of-way for N. Eastern Avenue as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 40 feet of right-of-way as measured from the centerline, along those areas being platted, or seek approval recommendations from the Transportation and Development Committee for any variances requested to the Major Street Plan prior to City Plan Commission approval.

27.              The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage, and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach (excluding sidewalk construction along the frontage Cookingham Road/M-291 Highway).

28.              The developer shall integrate into the existing streetlight system any relocated existing streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights must comply with all adopted lighting standards.

29.              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.

30.              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.

31.              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.

32.              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.

33.              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.

34.              The developer shall subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, prior to issuance of any construction permits within said right-of-way, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

35.              The developer shall grant a City approved pedestrian right-of-way easement, for the portions of the public sidewalks approved to be outside of the street right-of-way, to the City as required by the Land Development Division, prior to recording the plat.

36.              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.

37.              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.

38.              The developer shall provide a geotechnical erosion hazard analysis for areas where any improvements or public right-of-way dedications are proposed within stream buffer zones or adjacent to the outside of stream meanders including areas outside the stream buffer zone where appropriate as required by good engineering practices to prevent future stream meander, cut or erosion from threatening facilities, structures or property.

39.              Install a 12” water main along the proposed N.E. Faith Road and loop the water main along the proposed N. Eagle Valley lane to connect it to the existing 24” transmission main.

40.              The developer shall submit water main extension plans for approval to the Water Services Department.

41.              The developer shall make the following improvements at the intersection of N.E. 112th Street/N.E. Eagle Valley Lane and N.E. Cookingham Drive (Missouri Route 291) prior to Phase 1 construction:

a.                   Construct span wire traffic signals.

b.                  Construct a southeast bound left turn lane 250 feet in length, plus the taper.

c.                   Construct a northwest bound right turn lane 200 feet in length, plus the taper.

42.              The developer shall make the following improvements at the intersection of N. Eastern Avenue and N.E. Cookingham Drive (Missouri Route 291) prior to Phase 6-8 construction associated with Future Street A:

a.                   Construct span wire traffic signals.

b.                  Construct a southeast bound right turn lane 200 feet in length, plus the taper.

c.                   Construct a northwest bound right turn lane 200 feet in length, plus the taper.

d.                  Extend the existing southbound left turn lane to Future Street A.

43.              The developer shall make the following improvements at the intersection of N. Eastern Avenue and N.E. Cookingham Drive (Missouri Route 291) prior to Phase 8 construction:

a.                   Construct a second (dual) southeast bound left turn lane to a length of 270 feet, plus taper.

44.              The developer shall make the following improvements at the intersection of N. Eastern Avenue and Future Street A prior to Phase 6-8 construction:

a.                   Construct a northbound right turn lane 150 feet in length, plus the taper (Phases 6-7).

b.                  Construct a northbound left turn lane 150 feet in length, plus the taper (Phase 8).

c.                   Construct a southbound right turn lane 150 feet in length, plus the taper (Phase 8).

d.                  Construct a southbound left turn lane 150 feet in length, plus the taper (Phases 6-7).

45.              Fire hydrants 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)

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

47.              The developer shall submit a revised site plan to remove the dog park on the plan, but Tract E2 will still serve as private open space. Label Tracts A, B, C, and E2 with their intended recreational purpose and acreage on the site plans.

48.              Use the following language on the plat when the developer elects to reserve private open space to satisfy the parkland requirement.

“PRIVATE OPEN SPACE: Tract ___ contains (insert number of) private open space acres which are hereby reserved at the election of the developer in lieu of the required parkland dedication for (insert number and type of units) pursuant to Section 88-408-E of the Zoning and Development Code. A total of (insert number of) acres are required to satisfy the parkland request for this final plat.”

49.              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.

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.

 

_____________________________________________

 

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