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Legislation #: 011691 Introduction Date: 11/29/2001
Type: Ordinance Effective Date: 12/30/2001
Sponsor: COUNCILMEMBER FORD
Title: Approving an amendment to the Shoal Creek Valley Community Master Plan by specifically amending The Preserve Neighborhood Plan portion of the Master Planned Community District Plan on approximately a 276.99 acre tract of land generally located north of Missouri 152 between Shoal Creek Parkway on the west and N.E. Flintlock Road on the east. (12417-P-1)

Legislation History
DateMinutesDescription
11/29/2001

Prepare to Introduce

11/29/2001

Referred Planning, Zoning & Economic Development Committee

12/19/2001

Advance and Do Pass as a Committee Substitute

12/20/2001

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 011691

 

Approving an amendment to the Shoal Creek Valley Community Master Plan by specifically amending The Preserve Neighborhood Plan portion of the Master Planned Community District Plan on approximately a 276.99 acre tract of land generally located north of Missouri 152 between Shoal Creek Parkway on the west and N.E. Flintlock Road on the east. (12417-P-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to the Shoal Creek Valley Community Master Plan by specifically amending The Preserve Neighborhood Plan portion of the Master Planned Community District Plan on approximately a 276.99 acre tract of land generally located north of Missouri 152 between Shoal Creek Parkway on the west and N.E. Flintlock Road on the east, and more specifically described as follows:

All that part of Northwest Quarter of Section 11, the North Half of Section 10, and the Southeast Quarter of the Southwest Quarter of Section 3 all in Township 51 North, Range 32 West in Kansas City, Clay County, Missouri more particularly described as follows:

 

Beginning at the northwest corner of said Section 11; thence South 892454 East, along the north line of the Northwest Quarter of said Section 11, a distance of 2534.11 feet to a point on the west right-of-way of N.E. Flintlock Road, as now established, in Book 2977, page 709, in the Recorder of Deeds Office of said City, County, and State; thence South 002659 West (South 002645 West, Deed) along the west right-of-way of N.E. Flintlock Road and parallel with the east line of the Northwest Quarter of said Section 11, a distance of 870.51 feet; thence along said right-of-way, along a curve to the right, tangent to the last described course, having a radius of 4986.00 feet, a central angle of 040645, an arc distance of 357.88 feet to a point of reverse curvature; thence along said right-of-way along a curve to the left tangent to the last described curve, having a radius of 5054.00 feet, a central angle of 040645, an arc distance of 362.76 feet; thence along said right-of-way South 002659 West (South 002645 West Deed) a distance of 623.59 feet; thence along said right-of-way along a curve to the right, tangent to the last described course, having a radius of 21.00 feet, a central angle of 643723, an arc distance of 23.69 feet; thence along said right-of-way South 002659 West ( South 002645 West Deed) a distance of 309.61 feet (314.99 Deed) to a point on the north right-of-way of Missouri State Highway Route No. 152, as now established; thence along the north right-of-way of 152 Highway, no longer the west right-of-way of N.E. Flintlock Road North 883633 West, a distance of 675.18 feet; thence along said right-of-way South 890601 West, a distance of 100.08 feet; thence along said right-of-way North 883633 West, a distance of 745.00 feet; thence along said right-of-way North 824118 West, a distance of 135.72 feet; thence along said right-of-way South 874459 West, a distance of 220.45 feet; thence along said right-of-way North 883633 West, a distance of 600.00 feet; thence along said right-of-way


North 813533 West, to a point on the east line of the Northeast Quarter of said Section 10, a distance of 17.31 feet; thence along said right-of-way North 813533 West, a distance of 179.16 feet; thence along said right-of-way North 735420 West, a distance of 145.77 feet; thence along said right-of-way North 883633 West, a distance of 203.78 feet; thence along said right-of-way South 843653 West, a distance of 521.95 feet; thence along said right-of-way South 883650 West, a distance of 263.53 feet; thence along said right-of-way North 002104 East, a distance of 83.23 feet; thence along said right-of-way South 863259 West, a distance of 399.67 feet; thence along said right-of-way South 881638 West, a distance of 852.64 feet; thence along said right-of-way North 882409 West, to a point on the east line of the Northwest Quarter of said Section 10, a distance of 54.51 feet; thence North 882409 West, a distance of 174.75 feet; thence along said right-of-way, along a curve to the right, having an initial tangent bearing of North 883449 West, a radius of 482.96 feet, a central angle of 224649 and an arc distance of 249.59 feet; thence along said right-of-way North 544547 West, a distance of 280.53 feet; Thence along said right-of-way, along a curve to the left having an initial tangent bearing of North 584814 West, a radius of 682.96 feet, a central angle of 303049 and an arc distance of 363.72 feet; thence along said right-of-way North 395253 West, a distance of 98.23 feet; thence along said right-of-way North 892933 West to a point on the east right-of-way of Shoal Creek Parkway, as now established, a distance of 52.13 feet; thence along the east right-of-way of Shoal Creek Parkway, no longer the north right-of-way of 152 Highway North 003436 West, a distance of 1701.18 feet; thence along said right-of-way North 002507 West, a distance of 42.89 feet; thence along said right-of-way along a curve to the right having an initial tangent bearing of North 035158 East, a radius of 2764.79 feet, a central angle of 051031 East, and an arc distance of 249.73 feet to a point of reverse curvature; thence along said right-of-way along a curve to the left, tangent to the last described course, having a radius of 2928.35 feet, a central angle of 004543 and an arc distance of 38.95 feet to a point on the north line of the Northwest Quarter of said Section 10; thence along said right-of-way, along a curve to the left, tangent to the last described course, having a radius of 2928.35, a central angle of 073435 and an arc distance of 387.22 feet; Thence along said right-of-way North 004211 East to a point on the southerly line of the Hodge Park Golf Course Expansion, as now established, a distance of 185.15 feet; thence along the southerly line of the Hodge Park Golf Course Expansion no longer the east right-of-way of Shoal Creek Parkway the following courses and distances; thence South 874240 East, a distance of 497.44 feet; thence South 222638 East to a point on the north line of the Northwest Quarter of said Section 10, a distance of 611.58 feet; thence South 222638 East, a distance of 120.78 feet; thence South 465227 East to a point on the east line of the Northwest Quarter of said Section 10 a distance of 337.91 feet; thence South 465227 East, distance of 960.83 feet; thence South 175623 East, a distance of 700.95 feet; thence South 295430 East, a distance of 544.83 feet; thence South 013504 East, a distance of 264.08 feet; thence North 882456 East, a distance of 385.94 feet; thence along a curve to the left, tangent to the last described course, having a radius of 290.00 feet, a central angle of 795446 and an arc distance of 404.47 feet; thence North 172956 West, a distance of 929.24 feet; thence North 271954 West, a distance of 558.50 feet; thence North 250331 East, a distance of 67.94 feet; thence North 884831 East, a distance of 436.70 feet; thence South 550030 East, a distance of 707.74 feet; thence South 210510 East, a distance of 328.53 feet; thence South 502213 East to a point on the east line of the Northeast Quarter of said Section 10, a distance of 148.00 feet; thence South 502213 East, a distance of 1035.79 feet; thence South 660311 East, a distance of 105.76 feet; thence North 802221 East, a distance of 105.76 feet; thence North 291422 East, a distance of 201.67 feet; thence North 231510 West, a distance of 588.10 feet; thence North 564300 West, a distance of 934.69 feet; thence North 000000 West, a distance of 139.25 feet; thence North 361554 West to a point on the east line of the Northeast Quarter of said Section 10 a distance of 133.14 feet; thence North 361554 West, a distance of 667.33 feet; thence North 525726 West to a point on the North line of the Northeast Quarter of said Section 10 a distance of 164.29 feet; thence South 881048 East along the North line of the Northeast Quarter of said Section 10, a distance of 529.96 feet to the point of beginning. The above described tract contains 12,065,565.55 square feet, or 276.99 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 the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

 

2. That the developer submit a separate traffic study for each neighborhood plan prior to submission of the plan as required by the Department of Public Works for approval. The traffic study will analyze both AM and PM peak hour traffic demand, identify improvements which the developer will be required to make in order to maintain a level of service D or better and shall not exceed the following trip budget maximums:

 

Neighborhood PM Trip Budget

Northpark 800

Parkside 900

The Preserve 2,500

The Village 3,500

The Commons Area 6,800

Total: 14,600

 

Note: Trip budgets are defined as the maximum number of PM peak hour traffic entering or exiting a neighborhood. The developer shall construct the improvements which are required by the approved traffic studies for each neighborhood plan and as required by the Department of Public Works.

 

3. That the developer dedicate right-of-way for Shoal Creek Parkway from M-152 on the south to the north boundary of The Preserve Neighborhood Plan as required by the Department of Public Works so as to provide a minimum of 75 feet of right-of-way as measured from the centerline of Shoal Creek Parkway where the development abuts the parkway on one side.

 

4. That the developer dedicate right-of-way for N.E. Flintlock Road as required by the Department of Public Works so as to provide a minimum of 40 feet of right-of-way as measured from the centerline of N.E. Flintlock Road.

 

5. That the developer enter into an Agreement with the City as required by the Department of Public Works whereby the developer agrees to prepare and submit a traffic study of the intersection of M-152 and Shoal Creek Parkway to the Department of Public Works and the Missouri Department of Transportation for approval at such time as the intersection reaches 95 percent of its level of service D capacity and install a traffic signal system at the intersection of M-152 and Shoal Creek Parkway at such time that any of the traffic from the development is loaded upon Shoal Creek Parkway. The purpose of said traffic study shall be to proportionally allocate the cost of a compressed diamond interchange among: (1) existing development served by the interchange, (2) potential development enabled by the interchange, and (3) through traffic movements on M-152 originating from outside the Shoal Creek area. The developer shall agree to pay its proportional share of the cost of said interchange based upon its share of existing development and its share of potential development remaining which is dependent upon the interchange provided that the developer will receive credit toward its proportional cost for the cost of the traffic signal installed at the intersection of M-152 and Shoal Creek Parkway.

 

6. That the developer submit a storm drainage study to the City Engineer's Office for approval and that the developer make any necessary improvements as required by the City Engineer's Office.

 

7. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

8. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

 

9. That the developer secure a floodplain certificate from the Department of Codes Administration if any grading is to occur within a floodplain.

10. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any construction activities.

 

11 That the developer provide cross-access easements for each plat as required by the Department of Public Works.

 

12. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

 

13. That the developer submit a street name signage plan to the Street Naming Committee for approval prior to the submittal of the first final plat.

 

14. That the developer dedicate the public parkland or private open space as provided in the Master Planned Community Plan provided that the developer shall contribute $284.41 per single family unit, $230.60 per duplex unit and $153.74 per multi-family unit in compliance with Section 66-128 of the Subdivision Regulations, less any dedicated public park or approved private open space.

 

15. That the developer submit a street tree planting plan as part of the final plat with a copy to be submitted to the Department of City Development, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

 

16. That a waiver to Section 66-122(C)(1) of the Subdivision Regulations is hereby granted provided that landscaping shall be installed in conformance with the final plan approved by the City Plan Commission.

 

17. That the developer provide approved noise levels for the 70 dBA noise contour on all final plats which have frontage on Missouri Route 152 and include language on the final plats that no residential uses will be allowed within these noise contours.

 

18. That the developer extend water mains as required by the Water Services Department at the time of the submittal of the final plats.

 

19. That the developer extend sanitary sewers as required by the Department of Public Works at the time of the submittal of the final plats.

 

20. That the developer construct all-weather roads and provide for fire protection as required by the Fire Department prior to construction beyond footings and foundations.

 

21. That the developer submit covenants, conditions and restrictions to the Law Department for approval with the final plats for the maintenance of the private open space and any detention areas.

22. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping (buffering), grading and signage prior to the issuance of any building permits.

 

NOTE: This ordinance only amends the Preserve Neighborhood Plan portion of the Shoal Creek Community Master Plan. The remaining neighborhood plans within the Shoal Creek Community Master Plan as approved by Ordinance No. 000989, passed August 31, 2000, as well as all conditions contained in Ordinance No. 000989, remain in full force and effect as they apply to the remaining neighborhood plans.

 

A copy of said amendment is on file in the office of the City Clerk under Document No. 011691, which is attached hereto and 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:

 

 

___________________________________

Assistant City Attorney