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Legislation #: 160812 Introduction Date: 10/20/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning from District R-80 to District R-7.5 and approving a development plan which also acts as a preliminary plat for Woodbridge Manor, a 152-lot single-family residential development on about 54 acres generally located west of Jackson Avenue, about one-quarter mile north of E. Red Bridge Road. (13298-P-3 and 13298-P-4)

Legislation History
DateMinutesDescription
10/19/2016 Filed by the Clerk's office
10/20/2016 Referred to Planning, Zoning & Economic Development Committee
10/26/2016 Do Pass as a Committee Substitute
10/27/2016 Assigned Third Read Calendar as Substituted
11/3/2016 Passed as Substituted

View Attachments
FileTypeSizeDescription
160812.pdf Authenticated 436K Authenticated
160812 Color Compared.pdf Compared Version 53K 160812 Color Compared
160812 Plan.pdf Plan 21041K Development Plan
160812 Exhibit A.pdf Exhibit 1833K Exhibit A
160812 Staff Report.pdf Staff Report 186K City Plan Commission Staff Report
160812 Fact Sheet.pdf Fact Sheet 477K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160812

 

Rezoning from District R-80 to District R-7.5 and approving a development plan which also acts as a preliminary plat for Woodbridge Manor, a 152-lot single-family residential development on about 54 acres generally located west of Jackson Avenue, about one-quarter mile north of E. Red Bridge Road. (13298-P-3 and 13298-P-4)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. Rezoning from District R-80 (Residential 80) to District R-7.5 (Residential 7.5 - Open Space Development) for Woodbridge Manor, a 153-lot single-family residential development on about 54 acres, generally located west of Jackson Avenue about one-quarter mile north of E. Red Bridge Road; and more specifically described as follows:

 

All that part of the East 1/2 of Government Lot 2 in the Northwest 1/4 of Section 3 and all that part of Government Lot 2 in the Northeast 1/4 of Section 3, all in Township 47, Range 33 in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southeast corner of Lot 344, St. Catherine's Gardens, a subdivision; thence southerly along a straight line 748.6 feet more or less, to a point on the south line of the East 1/2 of Government Lot 2 of said Northwest 1/4 that is 610.30 feet east of the west line thereof, as measured along said south line; thence east along said south line and along the south line of Government Lot 2 in said Northeast 1/4 to the east line of the last mentioned Government Lot 2; thence north along said east line to a point 992.6 feet south of the northeast corner thereof, being the southeast corner of a tract of land conveyed by a warranty deed recorded as Document No. B563130 in Book B5925, page 694; thence west along the south line of said tract of land 695 feet to the southwest corner thereof; thence north along the west line of said tract of land 228.6 feet to the southeast corner of Lot 70 in said St. Catherine's Gardens; thence west along the south line of said subdivision 2647 feet, more or less, to the point of beginning, subject to the rights of the public in Grandview Road.

 

Section B. A development plan which also acts as a preliminary plat is hereby approved for the above-described area, subject to the following conditions:

 

1.                  The developer shall submit a street tree planting plan to the Development Management Division and the City Forester and secure the approval of said plan by the City Forester prior to release of each final plat for recording. The plan shall include size, type, species and placement of trees in compliance with 88-425-03. The developer shall agree to plant in accordance with the plan approved by the City Forester.

 

2.                  Prior to issuance of a final certificate of occupancy on each lot the developer, builder, or property owner shall plant street trees in accordance with the approved street tree planting plan. Prior to City Plan Commission consideration of any subsequent final plats, the developer shall provide a letter to the Development Management Division certifying that all required street trees in the previous plat have been planted in accordance with the approved street planting plan and are healthy. The letter shall be signed and sealed by a registered landscape architect licensed in the State of Missouri.

 

3.                  The developer shall submit a street name plan for the entire development plan area and secure approval of said plan from the Street Naming Committee prior to Mylar release for the first final plat within the development.

 

4.                  The developer shall submit a minor site plan for each tract or landscape easement within each final plat, secure approval of said plan by the Development Management Division staff, and complete improvements shown on said plans prior to release of the final plat for recording. Said plans shall depict details such as stormwater bmp’s, landscaping, fencing, berming, sidewalks, trails, and other resident amenities proposed or required. In the case of tracts containing the proposed trail, the minor site plans shall depict the trail designed in compliance with Trails KC and the 6th District Pedestrian Intermodal Transportation Connector Plan (PITC), adopted by Ordinance No. 100747 on October 31, 2010. Tracts and/or easements lying adjacent to Jackson Avenue shall be landscaped with berming and or decorative fencing and a mixture of evergreen and ornamental trees in addition to required street trees.

 

5.                  The developer shall be responsible for constructing street connections to Myrtle Avenue, Cleveland Avenue, Bales Avenue and Southern Hills Drive within the Southern Hills subdivision to the south.

 

6.                  The developer shall be responsible for constructing a street connection to Mersington Avenue within the St Catherine’s Gardens subdivision to the north.

 

7.                  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

 

8.                  That a minimum of 30% of the total site area be set aside as permanent open space and identified as such on all subsequent plans and plats. Said open space shall be owned and maintained as required by 88-410-06-C. The developer must submit a management plan for all permanent open space demonstrating conformance to 88-410-06-C-2 to the Development Management Division of City Planning and Development and secure approval of said plan from the Development Review Committee prior to recording the final plat for the first phase.

 

9.                  The developer shall install boundary markers identifying the location of permanent open space areas as required by 88-410-06-D prior to commencement of any work including, grading or clearing of vegetation. In addition the developer shall install signs which read “Permanent Open Space Set-Aside – Do Not Disturb (City Code 88-410)” constructed and located in a manner as required by this section.

 

10.              The permanent open space must be protected in perpetuity by a binding legal instrument recorded with the deed as required by 88-410-06-E.

 

11.              The developer shall be responsible for dedication of parkland, private open space in lieu of parkland, or payment of cash-in-lieu of either form of dedication, or any combination thereof. The minimum area required shall be based upon the following formula: number of residential units X 3.7 persons per unit X 0.006 acres = required dedication in acres. Should the developer choose to pay cash-in-lieu of dedicating all or a portion of the required area, the amount due shall be based upon the 2016 acquisition rate of $30,360.20 per acre. The final plat for each phase shall delineate the areas, if any, to be counted toward required dedication showing said areas within a tract and note the amount due, if any, for payment in lieu of dedication. Such payment shall be made prior to release of the final plat for recording. If tracts containing trails are proposed to be used to count toward the required private open space dedication, only 50 feet in total width times the length of the trail is allowed to be counted toward this requirement unless other recreational amenities are provided in the same tract.

 

12.              That a trail shall be constructed from east to west through the proposed development as depicted on the development plan and said trail shall:

 

a.                   Conform to the relevant recommendations of Trails KC.

 

b.                  Conform to relevant recommendations of the 6th District Pedestrian Intermodal Connector (PITC) Plan.

 

c.                   Be constructed as a 10 foot wide, 6 inch deep concrete trail.

 

d.                  The developer shall be responsible for the trail’s construction in Tracts B, C, E, F and in the right-of-way between Tracts F and G.

 

e.                   The City’s Parks and Recreation Department shall be responsible for the trail’s construction in Tract G.

 

f.                   The City’s Parks and Recreation Department shall be responsible for the trail’s maintenance.

 

g.                  The developer shall be responsible for constructing five foot wide sidewalks providing access to the trail at the following points: from the ends of the cul-de-sacs between Lots 116 and 117 and Lots 128 and 129; from north property line at Bales Avenue in St. Catherine’s Gardens southward to the trail; and, from the street to the trail between Lots 86 and 87.

 

h.                  The trail and sidewalks connecting to it shall be placed in an easement which provides public access to the trail and conforms to the easement recommendations of Trails KC.

 

i.                    The trail shall be reviewed and approved by the National Park Service prior to its construction.

 

j.                    The developer shall maintain as many trees as possible between St. Catherine Gardens and the trail to provide a buffer.

 

13.              The developer shall provide an easement to the City in a form acceptable to the City for the entire trail segment from Jackson to Gambil Park to be recorded prior to recording the first plat.  The developer will be responsible for the easement maintenance prior to construction of any trail improvements within the easement.  The City has the right, at its sole discretion and expense, to accelerate the construction of all or any portion of the trail segment from Jackson to Gambil Park upon written notice to the developer.  The developer agrees to promptly reimburse the City for that portion of the trail cost expended by the City for Tracts B, C, E, and F as each such Tract is completed by the developer in accordance with the development phasing with the exception of Tract G which shall be at the sole cost of the City.  Any unpaid trail cost reimbursement owed by the developer to the City shall constitute a lien on all of the land in the development.    

 

14.              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.

 

15.              The developer shall submit a macro and detailed micro storm drainage study, including stormwater management mitigation, roof drainage and surface drainage contribution reductions to the combined sewer where applicable from collection and connection of runoff, all in accordance with the strategic policies of the January 30, 2009 Overflow Control Plan, and Sections 7.3.13 Best Management Practice, and APWA Section 5600, to the Land Development Division for review and acceptance for the entire development area, and the developer shall secure permits to construct any improvements prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Land Development Division.  At a minimum retain the first 1.5 inches of runoff for the 100-year storm event and control the 100-year peak flow rate to the capacity of the downstream system of the combined sewer.

 

16.              The developer shall dedicate additional right of way for Jackson Avenue as required by Chapter 88 so as to provide a minimum of 30 feet of right of way as measured from the centerline, and ensure right of way dedication is adequate for any proposed road improvements as required by the Public Works Department, adjacent to this project.

 

17.              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, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

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.              That the west half of Jackson Avenue shall be improved to current collector standards as required by Chapter 88, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road, and obtain the required permit from the Land Development Division for said improvement prior to recording the plat.

 

20.              The developer shall design and construct all interior public streets to City standards, as required by the Land Development Division, including curb, gutter, storm sewers, streetlights, and sidewalks.

 

21.              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.

 

22.              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.

 

23.              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.

 

24.              The developer shall secure permits to extend 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.

 

25.              The developer shall submit a final stream buffer plan to the Land Development Division for approval and obtain permits for the Stream Buffer prior to removal of any mature riparian species within the buffer zones and prior to recording the final plat, in accordance with the Section 88-415 requirements.

 

26.              The developer shall 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.

 

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

 

28.              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 on any plat and plan, as required by the Land Development Division.

 

29.              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.

 

30.              The developer shall extend water mains as required by the Water Services Department.

 

31.              The developer shall provide wider sanitary sewer easements as required by the Water Services Department sewer easement matrix.

 

32.              The developer shall provide fire hydrant(s) within 600 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building.  The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required.  (IFC-2012: § 507.5.1)

 

33.              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)

 

34.              Fire hydrants shall meet the minimum fire hydrant requirements of Kansas City, Missouri Water Services applicable to a water main extension which is every 600 feet in residentially zoned areas.

 

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

 

36.              The developer shall notify all property owners within 300 feet of the final plat boundaries if blasting is to occur. The developer shall conduct a pre-blast survey of the properties prior to any blasting and a post-blast survey to ensure no damage has occurred.

 

37.              A temporary barricade will be placed during the construction of phase 1 at Myrtle Avenue.

 

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 80, 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