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Legislation #: 110106 Introduction Date: 2/10/2011
Type: Ordinance Effective Date: 3/27/2011
Sponsor: None
Title: Approving a preliminary community unit project plan on an area of approximately 26.76 acres in District R-3, to allow for 314 multifamily residential units on four lots, 2 open space tracts and 3 stormwater detention tracts, generally located on the north side of N.E. Soccer Drive approximately 1,800 feet east of N. Brighton Avenue. (14101-CUP-4).

Legislation History
DateMinutesDescription
2/9/2011 Filed by the Clerk's office
2/10/2011 Referred to Planning and Zoning Committee
3/9/2011 Do Pass
3/10/2011 Assigned to Third Read Calendar
3/17/2011 Passed

View Attachments
FileTypeSizeDescription
110106.pdf Authenticated 237K AUTHENTICATED
110105, 106.pdf Other 342K Addl documents
Maps 0K Plan map is on file in the City Clerk's Office
110101, 102, 103, 104, 105, 106.pdf Advertise Notice 51K Affidavit of Publication
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110106 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110106
C014101CUP4_FACTSHT.xls Fact Sheet 130K Fact Sheet
C014101CUP4_staffrpt_12_21_10.doc Staff Report 136K Staff Report

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ORDINANCE NO. 110106

 

Approving a preliminary community unit project plan on an area of approximately 26.76 acres in District R-3, to allow for 314 multifamily residential units on four lots, 2 open space tracts and 3 stormwater detention tracts, generally located on the north side of N.E. Soccer Drive approximately 1,800 feet east of N. Brighton Avenue. (14101-CUP-4).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a preliminary community unit project plan on an area of approximately 26.76 acres in District R-3 (Low Apartments, Low Density), generally located on the north side of N.E. Soccer Drive approximately 1,800 feet east of N. Brighton Avenue, and more specifically described as follows:

 

A tract of land in the Northeast Quarter of Section 17, Township 51 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the Northeast corner of said Northeast Quarter, said corner the Southeast corner of "Brighton Crossing – First Plat", a subdivision of land recorded in Book G at Page 90, Clay County, Missouri ; thence South 00 degrees 46 minutes 58 seconds West, along the East line of said Northeast Quarter, 1,679.05 feet to a point on the North right-of-way line of N.E. 80th Street (also known as N.E. 76th Street), as now established; thence Northwesterly, along said North right-of-way line, on a curve to the right, having an initial tangent bearing of North 61 degrees 36 minutes 50 seconds West with a radius of 1,228.50 feet, a central angle of 24 degrees 17 minutes 58 seconds and an arc distance of 521.01 feet; thence North 37 degrees 18 minutes 52 seconds West, continuing along said North right-of-way line, 1,106.44 feet; thence Northwesterly, continuing along said North right-of-way line, on a curve to the left, being tangent to the last described course with a radius of 1,847.12 feet, a central angle of 00 degrees 09 minutes 17 seconds and an arc distance of 4.98 feet to a point on the South line of said "Brighton Crossing – First Plat", said point also being a point on the East right-of-way line of N. Drury Avenue, as now established ; thence Northeasterly, along said East right-of-way line, on a curve to the left, having an initial tangent bearing of North 50 degrees 53 minutes 24 seconds East with a radius of 630.00 feet, a central angle of 49 degrees 53 minutes 43 seconds and an arc distance of 548.63 feet to a point on the North line of said Northeast Quarter, said North line also being the South line of said "Brighton Crossing – First Plat"; thence South 88 degrees 43 minutes 44 seconds East, along said South line, 857.40 feet to the Point of Beginning. Containing 1,165,460 square feet or 26.76 acres, more or less.

 

is hereby approved, subject to the following conditions:

 

1.                  That the developer update the traffic study and make improvements as identified in the approved Traffic Study, and make the following improvements:

 

a)                  That the developer modify the development plan to show appropriate taper lengths in accordance with current design standards, as required by the Public Works Department and the Development Services Division.

 

b)                  That the developer modify the development plan to show modifications to the southeast corner of the intersection of N. Brighton Avenue and N.E. Soccer Drive so as to accommodate turning of an AASHTO Single Unit Truck and City Bus Design Vehicle, as required by the Public Works Department and the Development Services Division.

 

c)                  That the developer construct modifications to the southeast corner of the intersection of N. Brighton Avenue and N.E. Soccer Drive so as to accommodate turning of an AASHTO Single Unit Truck and City Bus Design Vehicle, as required by the Public Works Department and the Development Services Division.

 

d)                 That the developer enter into a cooperative agreement to contribute twenty-five percent of the cost of installing traffic signals at the intersection of N. Brighton Avenue and N.E. 80th Street, said contribution not to exceed $50,000.00, as required by the Public Works Department. Said traffic signals shall be installed at such time that the Public Works Department determines that the traffic signals are warranted by traffic demand, and that adequate funding is available.

 

e)                  That the developer enter into a cooperative agreement to contribute twenty-five percent of the cost of interconnecting said future traffic signals at the intersection of N. Brighton Avenue and N.E. Soccer Drive with adjacent traffic signals that are existing, as required by the Public Works Department. Said interconnection shall be installed when the Public Works Department determines that funding is available and the future traffic signals at the intersection of N. Brighton Avenue and N.E. Soccer Drive are installed.

 

f)                   That adequate intersection sight distance be provided at all development entrance intersections along N.E. Soccer Drive, as required by Development Services.

 

g)                  That the developer dedicate a minimum of 46 feet of right-of-way from centerline on the north side of N.E. Soccer Drive for a secondary arterial street and bike route on the City's Major Street Plan and Bike Route Plan.

 

h)                  That, unless N.E. Soccer Drive is widened to a four-lane cross-section, the developer construct left-turn lanes with a minimum of 50 feet of storage plus appropriate tapers on N.E. Soccer Drive at all development entrance intersections.

 

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

 

3.                  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, including a BMP level of service analysis, to be submitted for each phase at the time of final platting, and that the developer secure permits to construct any improvements as required by Development Services prior to recording the plat.

 

4.                  That the developer dedicate additional right of way for a secondary arterial with turn lanes and a bike lane as required by Development Services so as to provide right-way as shown on the approved development plan, but in no case less than 46 feet in width as measured from the centerline of N.E. Soccer Drive.

 

5.                  That the developer design and construct all interior streets to City standards, as required by Development Services, including curb, gutter, storm sewers, streetlights, and sidewalks, with exceptions to the standards noted on the typical details included with the approved development plan.

 

6.                  That the developer secure permits to make improvements required by the traffic study as required by Development Services, prior to recording the plat.

 

7.                  That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

8.                  That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

9.                  That the developer subordinate to the City all private interest in the area of any right-of-way dedication, as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

10.              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 planned boundary without the prior written consent of Development Services.

 

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

 

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.

 

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.

 

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 provide access restrictions to prohibit direct vehicular access to N. Brighton Avenue from the lots and that the restriction be placed on the final plat.

 

17.              That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

18.              That the developer show the limits of the 100-year floodplain on the final plat.

 

19.              That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on the final plat.

 

20.              That the developer grant a surface drainage easement to the City as required by Development Services, on the final plat.

 

21.              That the developer grant a BMP easement to the City, as required by Development Services, on the final plat.

 

22.              That the developer submit a final stream buffer plan, prepared in accordance with Section 88-415, for review and acceptance by Development Services, with the final plat application.

 

23.              That the developer show and label the final stream buffer zones on the final plat within a private open space tract.

 

24.              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 or stormwater detention area tracts, prior to recording the plat.

 

25.              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.

 

26.              That the developer submit a street tree planting plan prior to or concurrent with the submittal of the final plat and 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 Department of City Development. 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.

 

27.              That the developer submit a final plan to the City Plan Commission for any private open space tracts containing detention areas, pedestrian pathways, pool/cabana, fencing, playground equipment, etc., including a landscaping plan, building elevation and materials for a proposed cabana, and photometric study if lighting is to be utilized in the parking lot of the pool/cabana tract.

 

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