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Legislation #: 160619 Introduction Date: 8/11/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FOWLER AND COUNCILMEMBER LOAR
Title: 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)

Legislation History
DateMinutesDescription
8/11/2016 Filed by the Clerk's office
8/11/2016 Referred to Planning, Zoning & Economic Development Committee
8/17/2016 Hold On Agenda (8/24/2016)
8/24/2016 Advance and Do Pass as a Committee Substitute, Debate
8/25/2016 Councilmember Fowler (Second by Taylor) Move to Amend
8/25/2016 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
160619.pdf Authenticated 359K Authenticated
160619 Compared Version.pdf Compared Version 30K 160619 Compared Version
160619 Approved Plans.pdf Plan 3445K 160619 Approved Plans
160619 Fact Sheet.pdf Fact Sheet 245K 160619 Fact Sheet

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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