COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160619
Approving an amendment to a
previously approved Chapter 80 preliminary development plan in District R-1.5
on approximately 71 acres generally located at the northeast corner of N.E.
96th Street and Missouri Highway 169, extending to N. Oak Trafficway along N.E.
99th Street, to allow for a health and rehabilitation facility as part of Phase
E. (12419-P-5)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved Chapter 80 preliminary development plan
in District R-1.5 on approximately 71 acres generally located at the northeast
corner of N.E. 96th Street and Missouri Highway 169, extending to N. Oak
Trafficway along N.E. 99th Street, to allow for a health and rehabilitation
facility as part of Phase E, and more specifically described as follows:
All of Lot 1 & Tracts "A", "B", "C"
& "D", Northland Cathedral, a Subdivision in Section 35, Township
52 South, Range 33 West, in the City of Kansas City, Clay County, Missouri,
containing 56.90 acres more or less; and
A parcel of land located in the Southwest 1/4 of Section 35, Township 52
South, Range 33 West in the City of Kansas City, Clay County, Missouri, being
more particularly described as follows: Commencing at the Northwest Corner of
the said Southwest 1/4 of Section 35, thence South 89 degrees 35 minutes 40
seconds East along the North line of said Southwest 1/4 of Section 35, a
distance of 152.84 feet to the East line of US Highway No. 169 as now
established, to the point of beginning; thence continuing South 89 degrees 35
minutes 40 seconds East along the North line of said Southwest 1/4 of Section
35, a distance of 1,874.71 feet to the Northwest Corner of North Oak Christian
Church, a subdivision in Kansas City, Clay County, Missouri; thence South 00
degrees 25 minutes 37 seconds West along the West line of said North Oak
Christian Church , a distance of 300.00 feet; thence North 89 degrees 35
minutes 40 seconds West along the North line of Northeast 99th Street as now
established, also being along the North line Northland Cathedral, a subdivision
in Kansas City, Clay County, Missouri, a distance of 842.44 feet; thence
continuing along the North line of Northeast 99th Street as now established and
the North line Northland Cathedral, on a curve to the right having an initial
tangent bearing of North 89 degrees 35 minutes 43 seconds West, with a radius
of 295.00 feet, and an arc length of 308.87 feet; thence South 62 degrees 45
minutes 29 seconds West along the North line of Lot 1 Northland Cathedral, a
distance of 339.39 feet; thence North 26 degrees 44 minutes 21 seconds West
along the North line of Lot 1, Northland Cathedral, a distance of 18.01 feet;
thence South 63 degrees 07 minutes 37 seconds West along the North line of Lot
1, Northland Cathedral, a distance of 510.81 feet to the East line of US
Highway No. 169 as now Established, also being the Northwest corner of said Lot
1, Northland Cathedral; thence North 01 degrees 05 minutes 47 seconds West
along the East line of said US Highway No. 169 as now established, a distance
of 528.31 feet to the point of beginning, containing 13.33 acres more or less;
and
A parcel of land located in the South 1/2 of the Southwest 1/4 of Section
35, Township 52 South, Range 33 West in the City of Kansas City, Clay County, Missouri,
being more particularly described as follows: Commencing at the Northeast
Corner of the said Southwest 1/4 of Section 35, thence South 00 degrees 19
minutes 24 seconds West along the East line of said Southwest 1/4 of said
Section 35, a distance of 1318.03 feet to the Northeast Corner of the South 1/2
of the Southwest 1/4 of said Section 35; thence North 89 degrees 38 minutes 53
seconds West along the North line of said South 1/2 of the of the Southwest 1/4
of said Section 35, a distance of 50.00 feet to the West line of North Oak
Trafficway as now established, said point also being the Point Of Beginning;
thence South 00 degrees 19 minutes 24 seconds West along the West line of North
Oak Trafficway as now established, a distance of 30.00 feet; thence North 89
degrees 38 minutes 53 seconds West being parallel to and 30.00 feet South of
the North line of said South 1/2, a distance of 802.66 feet to a point on the
East line of Northland Cathedral, a subdivision in Kansas City, Clay County,
Missouri; thence North 22 degrees 17 minutes 01 seconds East along the said
East line of said Northland Cathedral, a distance of 32.34 feet to a point on
the said North line of said South 1/2 of the Southwest 1/4 of said Section 35;
thence South 89 degrees 38 minutes 53 seconds East along the said North line of
said South 1/2, a distance of 790.56 feet to the Point of Beginning, containing
0.55 acres more or less. Containing 70.78 acres more or less.
is hereby approved, subject to the following conditions:
1.
The developer shall submit a street tree planting plan prior to approval
of the final plat and secure the approval of the City Forester for street trees
planted on right of way in front of residential lots, with a copy to be
submitted to the Department of City Planning and Development. The plan shall
include size, type, species and placement of trees. The developer shall agree
to plant in accordance with the plan approved by the City Forester.
2.
The developer shall submit a Street Naming Plan to the Development Management
Division and the Street Naming Plan shall be approved prior to issuance of
address for this development.
3.
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.
4.
The developer shall submit a detailed micro storm drainage analysis from
a Missouri-licensed civil engineer to the Land Development Division showing
compliance with the current, approved macro study on file with the City and
with current adopted standards in effect at the time of submission, including
Water Quality BMP's, prior to approval and issuance of any building permits to
construct improvements on the site or prior to recording the plat, whichever
occurs first. The developer shall verify and/or improve downstream conveyance
systems or address solutions for impacted properties due to flow contributions
from the site and the developer shall construct any other improvements as
required by the Land Development Division as necessary to mitigate impacts from
rate, volume, and quality of runoff from each proposed phase.
5.
The developer must dedicate additional right of way for N.E. 99th
Street/N. Wyandotte Avenue as required by Chapter 88 so as to provide a minimum
of 60 feet of right of way as measured from the centerline at such time as
Phase E or Phase F is developed, whichever occurs first, and ensure right of
way dedication is adequate for any proposed road improvements as required by
the Public Works Department adjacent to this project.
6.
The developer must 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, and that the owner/developer shall
be responsible for all costs associated with subordination activities now and
in the future.
7.
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.
8.
The developer shall improve N.E. 99th Street to collector street
standards from the second drive to the Church as shown on the Chapter 80 Plan west
and north approximately 300 feet ending with a cul-de-sac at such time as Phase
E or Phase F is developed as required by the Department of Public Works,
including construction of sidewalks and installation of streetlights, prior to
recording the plat.
9.
The developer shall construct a cul-de-sac or other approved public
turn- around area on the south end of N. Central Street as required by Chapter
88 at such time as Phase F is developed, to current standards, including curbs
and gutters, sidewalks, streetlights, relocating any utilities as may be
necessary and adjusting vertical grades for the road, etc., and obtaining
required permits from the Land Development Division for said improvement prior
to recording the plat.
10.
The developer must pay impact fees as required by Chapter 39 of the
City's Code of Ordinances as required by the Land Development Division.
11.
The developer must 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.
12.
The owner/developer must 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.
13.
The developer must secure permits to extend public sanitary and storm
water conveyance systems to serve all proposed lots within the development and
determine adequacy of the receiving systems as required by the Land Development
Division, prior to recording the plat or issuance of a building permit,
whichever occurs first.
14.
The developer shall extend water mains as required by the Water Services
Department.
15.
The developer must enter into a covenant agreement for the maintenance
of any stormwater detention area tracts as required by the Land Development
Division, prior to recording the plat.
16.
The developer shall provide a larger sewer easement as required by the
Water Services Department.
17.
The developer shall provide dead end fire department access road(s) in
excess of 150 feet with an approved turn around feature (i.e., cul-de-sac,
hammerhead). (IFC-2012: ยง 503.2.5)
18.
The developer shall contribute money in lieu of parkland dedication in
satisfaction of Section 88-408-C of the Zoning and Development Code per the
2015 parkland fees based on the number of units and the following formula:
Number
of multi-family units x 2.0 (persons per unit) x 0.006 (acres per person) =
acres x $ (2000 parkland fee) = Required Fee
19.
If developer is making improvements to any properties adjacent to N.E.
96th Street/Tiffany Springs Parkway, the developer must submit a letter to the
Parks and Recreation Department from a licensed civil engineer, licensed
architect, or licensed landscape architect, who is registered in the State of
Missouri, stating the condition of the sidewalks, curbs, and gutters. The
letter must identify state of repair as defined in Chapters 56 and 64, Code of
Ordinances, for the sidewalks, curbs, and gutters and shall identify the quantity
and location of sidewalks, curbs, and gutters that need to be constructed,
repaired, or reconstructed. The developer shall secure permits to repair or
reconstruct the identified sidewalks, curbs, and gutters as necessary along all
development street frontages, as required by the Parks and Recreation
Department, prior to recording the plat.
20.
The developer must secure permits to construct new, repair existing, or
reconstruct sidewalks, curbs, and gutters as necessary for any work along N.E.
96th Street/Tiffany Springs Parkway from the Parks and Recreation Department,
prior to issuance of any certificate of occupancy.
21.
The developer must follow the Boulevard and Parkway Standards
established by Ordinance No. 150544 and described in Sections 88-323, 88-405-D,
88-450, 88-810-192, 88-810-512, 88-810-1108 and 88-810-2165 for work along N.E.
96th Street/Tiffany Springs Parkway.
22.
The developer shall construct all-weather, hard surface roads for fire
protection as required by the Fire Department prior to construction beyond
foundations.
23.
The developer shall submit covenants, conditions and restrictions to the
Law Department for approval for the maintenance of private open space and
detention areas, if any.
24.
The developer shall submit a final plan to the City Plan Commission for
all private open space areas for approval including plans for pedestrian
pathways, landscaping, grading, screening and fencing.
A copy of said amendment is on
file in the office of the City Clerk with this ordinance and is made a part
hereof.
Section B. That the
limitations in 88-405-10 regarding connection and cul-de-sac length are hereby
waived for 99th Street, as shown on the plan.
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
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:
M. Margaret
Sheahan Moran
Assistant City
Attorney