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Legislation #: 170129 Introduction Date: 2/16/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a development plan in Districts B2-2 and R-2.5 on about 42 acres generally located at the southwest corner of N.E. 108th Street and N. Eastern Avenue, to allow for a new elementary school. (12124-P-6)

Legislation History
DateMinutesDescription
2/16/2017 Filed by the Clerk's office
2/16/2017 Referred to Planning, Zoning & Economic Development Committee
2/22/2017 Advance and Do Pass as a Committee Substitute, Debate
2/23/2017 Passed

View Attachments
FileTypeSizeDescription
170129.pdf Authenticated 250K Authenticated
170129 Compared.pdf Compared Version 159K Compared Version
170129 Plan.pdf Plan 24236K Plan
170129 Docket Map.pdf Maps 1318K Docket Map
170129 Staff Report.pdf Staff Report 222K Staff Report
170129 Fact Sheet.pdf Fact Sheet 26K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170129

 

Approving a development plan in Districts B2-2 and R-2.5 on about 42 acres generally located at the southwest corner of N.E. 108th Street and N. Eastern Avenue, to allow for a new elementary school. (12124-P-6)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a development plan in Districts B2-2 and R-2.5 on about 42 acres generally located at the southwest corner of N.E. 108th Street and N. Eastern Avenue, and more specifically described as follows:

 

All that part of the East half of the Southeast Quarter of Section 28, Township 52 North, Range 32 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows: Commencing at the northeast corner of said Southeast Quarter; thence along the East line thereof South 0 degrees 26 minutes 43 seconds West, a distance of 50.00 feet; thence North 89 degrees 04 minutes 45 seconds West, a distance of 70.61 feet to a point on the west right of way of Eastern Avenue, as now established; thence along said right of way on a non tangent curve to the right, having a radius of 25.00 feet, a chord bearing of South 44 degrees 19 minutes 51 seconds East and an arc length of 39.05 feet; thence continuing along the west right of way of said Eastern Avenue the following courses: South 0 degrees 25 minutes 02 seconds West, a distance of 20.18 feet; thence along a curve to the right, having a radius of 854.00 feet, a chord bearing of South 13 degrees 42 minutes 16 seconds West and an arc length of 396.09 feet; thence South 26 degrees 59 minutes 29 seconds West, a distance of 214.39 feet; thence along a curve to the left having a radius of 1296.00 feet, a chord bearing of South 04 degrees 44 minutes 06 seconds West and an arc length of 1006.86’; thence South 17 degrees 31 minutes 17 seconds East, a distance of 19.76’; thence departing said right of way North 89 degrees 23 minutes 10 seconds West, a distance of 1023.58 feet to a point on the west line of the East Half of said Southeast Quarter; thence along said west line North 0 degrees 34 minutes 46 seconds East, a distance of 1674.17’ to the northwest corner of said East Half of the Southeast Quarter; thence along the north line of said Southeast Quarter South 89 degrees 04 minutes 45 seconds a distance of 1318.84 feet to the point of beginning, containing 1,807,934 square feet, more or less, or 41.50 acres, subject to easements and restrictions of record.

 

is hereby approved, subject to the following conditions:

 

1.                  The developer shall submit a street tree planting plan and secure the approval of the City Forester for street trees planted within the right of way, with a copy to be submitted to the Development Management Division prior to releasing a full building permit. 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. The street tree planting plan shall be approved by the City Forester prior to occupancy.

 

2.                  Prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

 

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 storm drainage study from a Missouri-licensed civil engineer showing compliance with current adopted standards in effect at the time of submission, including Water Quality BMPs, to the Land Development Division for review and acceptance for the entire development area. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat or prior to issuance of a certificate of occupancy, whichever occurs first, as required by the Land Development Division.

 

5.                  The developer shall dedicate additional right of way for N.E. 108th Street as required by Chapter 88 so as to provide adequate right of way for any proposed road improvements, including sidewalk construction, as required by the Public Works Department adjacent to this project.

 

6.                  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.

 

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 submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

9.                  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.

 

10.              The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage, as shown on the approved street plans for N.E. 108th Street and N. Eastern Avenue, and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach.

 

11.              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.

 

12.              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.

 

13.              The developer shall secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and to serve properties located to the north of the property and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a certificate of occupancy, whichever occurs first.

 

14.              The developer shall grant a BMP and/or Surface Drainage Easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

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

 


16.              The developer shall grant on City approved forms, a Stream Buffer Easement to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

17.              The developer shall 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.

 

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

 

19.              The developer shall install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

20.              The developer shall install School Zone related signs on N.E. 108th Street per the MUTCD criteria.

 

21.              The developer shall install a crosswalk on the west leg of the intersection of N.E. 108th Street and N. Eastern Avenue.

 

22.              The developer shall provide a minimum of a 5 foot sidewalk along N.E. 108th Street and grade accordingly to accommodate a future 8 foot sidewalk.

 

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 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