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Legislation #: 090945 Introduction Date: 11/5/2009
Type: Ordinance Effective Date: 2/21/2010
Sponsor: COUNCILMEMBER FORD
Title: Amending Ordinance No. 030581, approving the preliminary plat of Valley of Pine Grove, by repealing a provision prohibiting the roadway connection to the development to the east; requiring the Director of Public Works and Director of City Development to take enforcement action to require developer to complete certain interior street improvements; and providing for the removal of the barricades at N.E. 101st Street and N. Lawn Avenue.

Legislation History
DateMinutesDescription
11/4/2009 Filed by the Clerk's office
11/5/2009 Referred to Planning and Zoning Committee
12/2/2009 Hold On Agenda (12/9/2009)
12/16/2009 Hold On Agenda (1/20/2010)
1/20/2010 Hold On Agenda (2/3/2010)
2/3/2010 Do Pass as a Committee Substitute
2/4/2010 Assigned Third Read Calendar as Substituted
2/11/2010 Passed as Substituted

View Attachments
FileTypeSizeDescription
090945.pdf Authenticated 120K AUTHENTICATED
090945 cs to org ord-com.docx Advertise Notice 14K compared version-comm sub to original ord
letter FD.pdf Advertise Notice 53K FireDept.email
CSD1006B_STAFFREPORT_12-01-09.doc Staff Report 510K staff report
fact sheet.doc Advertise Notice 55K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090945

 

Amending Ordinance No. 030581, approving the preliminary plat of Valley of Pine Grove, by repealing a provision prohibiting the roadway connection to the development to the east; requiring the Director of Public Works and Director of City Development to take enforcement action to require developer to complete certain interior street improvements; and providing for the removal of the barricades at N.E. 101st Street and N. Lawn Avenue.

 

WHEREAS, the City Plan Commission, in reviewing the preliminary plat of Valley of Pine Grove, recommended to the City Council that roadway access not be permitted to the development to the east (Pine Grove Meadows, 2nd plat) until such time as Shoal Creek Parkway was constructed or N.E. Staley Road was improved from N. Woodland Avenue to the entrance of the development platted as Valley of Pine Grove; and

 

WHEREAS, that recommendation allows only one access point from the south to all the development occurring north of N.E. Staley Road and west of N. Topping Avenue; and

 

WHEREAS, development since that time has created increased demand on the sole access point to that development from the south; and

 

WHEREAS, the southern access point is circuitous and requires the residents of Pine Grove to travel significant distances to access any east/west connection; and

 

WHEREAS, the lack of direct access to an east/west connection via N.E. Staley Road has imposed substantial hardships on the residents of Pine Grove; and

 

WHEREAS, lack of access points is known to impair development, stunt economic growth and contribute to a reduction in property values; and

WHEREAS, lack of access points also poses a risk to public safety and unnecessarily places people’s lives and property in peril as a result of increased response times by emergency responders; and

 

WHEREAS, improvements to Shoal Creek Parkway or N.E. Staley Road of the magnitude contemplated by the City Plan Commission’s recommendation would take an extended period of time to complete and should not serve as a basis for presently denying residents the access they need; and

 

WHEREAS, opening N.E. 101 st Street at N. Lawn Avenue would provide an additional southerly access point to the residents of Pine Grove and a needed east/west connection; and

 

WHEREAS, the barricades cannot be removed until such time as N.E. 101st Street and N. Cypress Avenue, the interior streets within the Valley of Pine Grove, are made safe and improved to the City’s standards; and

 

WHEREAS, this obligation falls upon the developer of Valley of Pine Grove as a condition of its preliminary plat approval and developer must be required to fulfill its obligations to City; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance No. 030581 is hereby amended by repealing paragraph 17 of Section A thereof in its entirety. All other provisions of Ordinance No. 030581 not specifically repealed herein shall remain in effect.

 

Section 2. That the Director of Public Works and Director of City Development shall take such enforcement action as it necessary to compel the developer of Valley of Pine Grove to construct the interior streets to residential street standards with a total right-of-way of 50 feet including curbs, street gutters, sidewalks and the installation of streetlights, all as required as a condition of the preliminary plat approval as provided by Ordinance No. 030581.

 

Section 3. That the Director of Public Works shall cause the barricades placed by him at N.E. 101st Street and N. Lawn Avenue to be removed upon the developer’s completion of the required improvements and acceptance by City of the same, provided that developer also design and install, subject to the approval of the Director of Public Works, traffic control measures and signage sufficient to limit traffic entering and exiting Valley of Pine Grove from N.E. Staley Road to right-out and left-in access only. Access to and from the east shall be prohibited.

 

____________________________________________

Approved as to form and legality:

______________________________

Brian Rabineau

Assistant City Attorney