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Legislation #: 100462 Introduction Date: 5/27/2010
Type: Ordinance Effective Date: 8/29/2010
Sponsor: None
Title: Approving a preliminary community unit project plan in District R-4 on a 42.3 acre tract of land generally located at the northeast corner of N.E. 96th Street and Interstate 435. (13994-CUP-1)

Legislation History
DateMinutesDescription
5/27/2010 Filed by the Clerk's office
5/27/2010 Referred to Planning and Zoning Committee
7/14/2010 Hold On Agenda (8/18/2010)
8/18/2010 Advance and Do Pass, Debate
8/19/2010 Passed

View Attachments
FileTypeSizeDescription
100462.pdf Authenticated 295K AUTHENTICATED
100581, 458, 459, 460, 461, 462, 463.pdf Advertise Notice 58K Affidavit of Publication
100458, 459, 460, 461, 462, 463 readv..pdf Advertise Notice 109K Re-Advertise Notice
100458, 459, 460, 461, 462, 463.pdf Advertise Notice 48K Affidavit of Publication
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100462 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100462
Maps 0K Plan map is on file in the City Clerk's Office
100462 mailing info.pdf Other 146K Advertise Notice
100458, 459, 460, 461, 462, 463.pdf Advertise Notice 50K Advertise Notice
C013999CP_FACTSHT.xls Fact Sheet 103K Fact Sheet
C013999CP_STAFFRPT08_18_09.doc Staff Report 611K Staff Report

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ORDINANCE NO. 100462

 

Approving a preliminary community unit project plan in District R-4 on a 42.3 acre tract of land generally located at the northeast corner of N.E. 96th Street and Interstate 435. (13994-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a preliminary community unit project plan in District R-4 (Low Apartments) on a 42.3 acre tract of land generally located at the northeast corner of N.E. 96th Street and Interstate 435, and more specifically described as follows:

 

A tract of land in the Southwest Quarter of Section 33, Township 52 North, Range 32 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri being bounded and described as follows: Commencing at the Northwest corner of said Southwest Quarter; thence North 88 degrees 57 minutes 47 seconds West, 373.04 feet to a point on the North line of said Southwest Quarter as described in Missouri Trustee’s Deed in Book 3482 at Page 164, said point also being the True Point of Beginning of the tract to be herein described; thence South 88 degrees 56 minutes 31 seconds East along said North line, 945.79 to the Northeast corner of the West One-Half of said Southwest Quarter as described in said Book 3482 at Page 164; thence South 00 degrees 36 minutes 19 seconds West along the East line of said West One-Half, 2074.71 feet; thence Southwesterly on a curve to the left, having an initial tangent bearing of South 86 degrees 30 minutes 11 seconds West, a radius of 300.00 feet, a central angle of 26 degrees 29 minutes 31 seconds, an arc distance of 138.71 feet; thence South 60 degrees 00 minutes 39 seconds West, 73.90 feet; thence Northwesterly on a curve to the left, having an initial tangent bearing of North 29 degrees 59 minutes 21 seconds West, a radius of 300.00 feet, a central angle of 53 degrees 53 minutes 40 seconds, an arc distance of 282.19 feet; thence North 83 degrees 53 minutes 00 seconds West, 133.91 feet; thence Northwesterly on a curve to the right, having a common tangent with the last described course, a central angle of 83 degrees 44 minutes 31 seconds, an arc distance of 438.47 feet; thence South 75 degrees 57 minutes 18 seconds West, 72.21 feet to a point on the Easterly right of way line of Interstate Route 435, as now established; thence North 14 degrees 02 minutes 42 seconds West along said Easterly right of way line, 42.23 feet; thence North 00 degrees 24 minutes 19 seconds West (Deed – North 00 degrees 12 minutes 51 seconds East) along said Easterly right of way line) 925.05 feet (Deed – 925.00 feet); thence North 04 degrees 04 minutes 30 seconds West (Deed – North 06 degrees 54 minutes 39 seconds West) along said Easterly right of way line, 200.57 (Deed – 201.56 feet); thence North 00 degrees 12 minutes 51 seconds East, 559.91 feet to the True Point of Beginning. Containing 1,842,528 square feet, or 42.30 acres, more or less.

 

is hereby approved, subject to the following conditions:

 

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

 

3. That the developer, prior to recording any plat for the first residential phase:

 

a. dedicate all additional right-of-way necessary on the north side of N.E. 96th Street as shown on the development plan, so as to provide for construction of future Shoal Creek Parkway, as required by the Parks and Recreation Department and Development Services.

 

b. dedicate right of way for, and construct, the full width of Drive 1 as shown on the development plan as required by Development Services.

 

c. construct the intersection of Drive 1 and N.E. 96th Street (future Shoal Creek Parkway) so as to provide a 100 feet long southbound exclusive left-turn lane plus all appropriate tapers, as required by the Public Works Department and the Parks and Recreation Department.

 

d. modify the vertical and/or horizontal alignment of N.E. 96th Street so as to provide adequate intersection sight distance at the intersection of Drive 1 and N.E. 96th Street, as required by Development Services, unless Shoal Creek Parkway has been previously constructed

 

4. That the developer enter into a secured deferral agreement for the construction of the public street connection to the east plan boundary approximately 300 feet north of N.E. 96th Street as shown on the development plan at the time of dedication of its full right of way width as required by Development Services.

 

5. That the public infrastructure for the adjacent commercial development as shown on the development plan be constructed and accepted by the City prior to any temporary or permanent certificates of occupancy being issued for any of the buildings constructed within the boundaries of the community unit project plan, as required by Development Services.

 

6. That the developer dedicate additional right of way for a modified collector street as required by Development Services so as to provide right of way for the interior streets as shown on the approved development plan.

 

7. That the developer improve the interior streets to modified collector street standards, as required by Development Services, as shown on the approved development plan including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

8. That 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 within the plan boundary without the prior written consent of Development Services.

 

9. That the developer secure permits for the sidewalks within the development at the time street improvement permits are secured, as required by Development Services.

 

10. That the developer construct temporary off-site cul-de-sacs as required by Development Services.

 

11. That the developer secure permits for 5 foot wide sidewalks to be constructed along all proposed interior street frontages on both sides of the street except where abutting a public walking trail, as required by Development Services, prior to recording the final plat.

 

12. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities, prior to recording the plat.

 

13. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more, prior to recording the plat.

 

14. That the developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy, as required by Development Services, prior to recording the plat.

 

15. That the developer secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy, as required by Development Services, prior to recording the plat.

 

16. That the developer grant a Surface Drainage Easement to the City as required by Development Services, prior to recording the plat.

 

17. That the developer grant a BMP Easement to the City as required by Development Services, prior to recording the plat.

 

18. That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffers or stormwater detention area tracts, prior to recording the plat.

 

19. That the developer contribute $49,709.51 in lieu of parkland dedication for 504 units (504 units X 2.0 X .006 = 6.05 acres (less credit for 1.32 acres of private open space) X $10,509.41 per acre (year 2009) = $49,709.51) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

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

 

21. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

22. That the developer submit a street tree planting plan prior to or concurrent with the final plat submittal, 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 City Development Department staff), and agree to plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

 

23. That the developer secure approval of the Street Naming Committee for all street names prior to submittal of the first final plat, and that the developer submit a copy of the approved street name plan as part of each final plat submittal to the Department of City Development.

 

24. That the developer provide for adequate intersection sight distance at all proposed or modified street and driveway intersections as required by the Department of Public Works and Development Services.

 

25. That the developer, prior to recording the second plat for the second residential phase:

 

a. construct a 150 feet long eastbound exclusive left-turn lane, plus all appropriate tapers, as required by the Public Works Department and the Parks and Recreation Department.

 

b. add a 50 feet long westbound exclusive left-turn lane, plus appropriate taper, at the intersection of Drive 1 and N.E. 96th Street (future Shoal Creek Parkway), as required by the Public Works Department and the Parks and Recreation Department.

 

c. add a 300 feet long northbound exclusive left-turn lane plus appropriate taper at the intersection of the I-435 northbound ramp and N.E. 96th Street (future Shoal Creek Parkway), or as required by MODOT.

 

d. enter into a cooperative agreement or secured deferral agreement to signalize the intersection of Drive 1 and N.E. 96th Street (future Shoal Creek Parkway) and provide interconnection with any existing interchange signalization at such time as the Public Works Department staff determines that traffic signals are warranted and necessary, as required by the Public Works Department and the Parks and Recreation Department.

 

26. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

A copy of said Community Unit Project 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 Community Unit Project 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