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Legislation #: 190223 Introduction Date: 3/21/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 3 acres generally located at the northwest corner of N.W. 96th Street and N. Oak Trafficway from District MPD to District MPD for the purpose of amending the previously approved MPD plan to allow for 317 multi-family units. (Case No. CD-CPC-2019-00001)

Legislation History
DateMinutesDescription
3/20/2019 Filed by the Clerk's office
3/21/2019 Referred to Planning, Zoning & Economic Development Committee
3/27/2019 Advance and Do Pass, Debate
3/28/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190223.pdf Authenticated 264K Authenticated
190223 cs to org ord-com.docx Compared Version 28K Colored Compared Version
CD-CPC-2019-00001 Ord Req.docx Request for Ordinance 27K Ordinance Request
Cottages at North Oak Revised Plans.pdf Plan 8506K Plan Set
CD_CPC_2019_00001_Cottages at North Oak_FINAL.pdf Staff Report 102K Staff Report
Exhibit A.pdf Maps 1088K Docket Map
Fact Sheet_88-20A-1191.pdf Fact Sheet 154K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190223

 

Rezoning an area of approximately 3 acres generally located at the northwest corner of N.W. 96th Street and N. Oak Trafficway from District MPD to District MPD for the purpose of amending the previously approved MPD plan to allow for 317 multi-family units. (Case No. CD-CPC-2019-00001)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. Rezoning an area of approximately 3 acres generally located at the northwest corner of N.W. 96th Street and N. Oak Trafficway from District MPD (Master Development Plan) to District MPD (Master Development Plan), and more specifically described as follows:

 

A tract of land in the Southwest Quarter of Section 35, Township 52 North, Range 33 West of the Fifth Principal Meridian in Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the northeast corner of said Southwest Quarter; thence South 00 degrees 19 minutes 26 seconds West along the east line of said Southwest Quarter a distance of 785.03 feet; thence North 89 degrees 40 minutes 34 seconds West a distance of 50.00 feet to an angle point in the easterly line of Northland Cathedral, a subdivision of land in said city, county and state recorded as Document No. R 42190, in Cabinet F, at Sleeve 36, said point also being on the westerly right-of-way line of North Oak Trafficway as now established; thence North 88 degrees 54 minutes 57 seconds West along the boundary line of said Northland Cathedral a distance of 302.61 feet to the point of beginning; thence South 00 degrees 19 minutes 41 seconds West a distance of 1097.16 feet to an angle point in the westerly line of QuikTrip Store 221R a subdivision of land in said city, county and state recorded as Instrument No. 2017031605; thence South 89 degrees 40 minutes 39 seconds East along said westerly line a distance of 10.50 feet; thence continuing along said westerly line the following six courses; along a curve to the right tangent to the last described course with a central angle of 89 degrees 57 minutes 16 seconds a radius of 4.00 feet and an arc length of 6.28 feet; thence South 00 degrees 19 minutes 41 seconds West a distance of 257.63 feet; thence North 89 degrees 40 minutes 34 seconds West a distance of 16.98 feet; thence South 00 degrees 19 minutes 26 seconds West a distance of 281.85 feet; thence North 89 degrees 40 minutes 34 seconds West a distance of 95.83 feet; thence South 18 degrees 18 minutes 09 seconds West a distance of 79.70 feet to the southwest corner of said QuikTrip Store 221R said corner also being on the northeasterly right-of-way line of N.E. 96th Street as now established; thence northwesterly along said right-of-way line along a curve to the right whose initial tangent bears North 71 degrees 41 minutes 51 seconds West with a central angle of 25 degrees 11 minutes 07 seconds a radius of 1045.92 feet and an arc length of 459.75 feet; thence continuing along said right-of-way line North 44 degrees 07 minutes 41 seconds West a distance of 330.81 feet to the southeast corner of said Northland Cathedral; thence North 43 degrees 29 minutes 12 seconds East along the easterly line of said Northland Cathedral a distance of 113.52 feet to an angle point in said easterly line; thence continuing along said easterly line North 13 degrees 02 minutes 28 seconds East a distance of 414.37 feet to an angle point in said easterly line; thence continuing along said easterly line North 22 degrees 16 minutes 49 seconds East a distance of 352.48 feet; thence continuing along said easterly line North 08 degrees 13 minutes 34 seconds East a distance of 443.76 feet to the northeast corner of Tract A of said Northland Cathedral; thence South 88 degrees 54 minutes 57 seconds East along the boundary line of said Northland Cathedral a distance of 385.70 feet to the point of beginning.

 

is hereby approved, subject to the following conditions:

 

1.                  A digital copy of the plans, revised as noted below, be submitted to the Development Management staff, at the time of the final plan or prior to obtaining a building permit.

 

2.                  The developer shall provide color elevations and label each building type and elevation (such as “Building Type A, North Elevation”).

 

3.                  The developer shall provide a direct pedestrian connection between the development to N. Oak and QuikTrip.

 

4.                  The developer shall provide a linear pedestrian path from north to south through the development which serves to connect each building to one another and to amenities throughout and the clubhouse in the south and realign buildings as necessary to accommodate this.

 

5.                  The developer shall provide a note on the plan stating how it intends to satisfy the parkland requirements.

 

6.                  If using private open space to satisfy parkland requirements, the developer shall provide a separate tract for each private open space area and identify the recreational benefit on the plan.

 

7.                  The developer shall provide the number of residential units on the face of the plan.

 

8.                  The developer shall pay money in lieu of dedication of parkland in the amount of per formula or dedicate acreage of private open space for parkland purposes as identified in Section 88-408. The money in lieu is to be paid before the plat is recorded with the county, or if platting is not required, before the issuance of a certificate of occupancy.

 


9.                  Money in lieu of parkland for 2019 shall be based on the following formula: (# multi-family units) X (2 persons per unit) X (0.006 acres per person) = acres of parkland required X 2019 parkland fee per acre) = Fee.

 

10.              The developer shall verify that conformance to the short and long-term bicycle parking requirements will be demonstrated at time of MPD final plan approval.

 

11.              The developer shall verify that outdoor lighting standards will be met at time of MPD final plan approval.

 

12.              If the developer intends open space to be used toward parkland dedication, a final plat must be submitted.

 

13.              The developer shall construct a northbound left turn lane on North Oak Trafficway at the intersection with N.E. 98th Terrace to provide 150 feet of storage plus the taper.

 

14.              The developer shall continue to work with the Public Works Department and the Parks and Recreation Department regarding the eastbound dual left turn lanes at the intersection of Tiffany Springs Parkway and North Oak Trafficway.

 

15.              Water lines and the fire hydrants within the development must be private.

 

16.              The developer shall install fire flow meters at N.E. 97th Street and Tiffany Springs Parkway.

 

17.              The developer shall follow the Kansas City, Missouri Rules and Regulations for Water service lines. (https://www.kcwaterservices.org/ wp-content/uploads/2018/07/2018-Rules-and-Regulations-for-Water-Service-Lines.pdf).

 

18.              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.

 

19.              The developer shall secure approval of a final development plan as required by 88-520-04 prior to issuance of a building permit. Said final development plan shall demonstrate substantial conformance to the approved preliminary development plan and full conformance to the development standards of 88-405.

 

20.              The developer shall provide a letter, certified by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved landscape plan and street tree planting plan has been installed and is in a healthy state prior certificate of occupancy.

 

21.              The developer shall satisfy parkland requirements of 88-408 by providing private open space or payment in-lieu, or a combination thereof using the 2019 acquisition rate of $39,697.49 with said fee due prior to certificate of occupancy.

 

22.              The developer shall secure approval of a streetscape plan from the Development Management Division staff prior to a building permit. The plan shall include all vertical and horizontal obstructions within and adjacent to the right-of-way along the project frontage including but not limited to signage, sidewalks, driveways, landscaping, and shall demonstrate compliance with applicable policies and regulations.

 

23.              The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that street trees have been installed in accordance with the approved street tree planting plan and are healthy prior to certificate of occupancy.

 

A copy of said MPD 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