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Legislation #: 140481 Introduction Date: 6/12/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER DAVIS
Title: Approving an amendment to a previously approved 361 acre Community Unit Project Plan in District R-7.5 by removing about 57 acres generally located south of N.E. 106th Street and east of future Shoal Creek Parkway from said plan and leaving in place the Community Unit Project Plan for the remaining 304 acres in the Pine Grove subdivision. (12209-P-10)

Legislation History
DateMinutesDescription
6/12/2014 Filed by the Clerk's office
6/12/2014 Referred to Planning, Zoning & Economic Development Committee
6/18/2014 Hold On Agenda (7/9/2014)
7/9/2014 Hold On Agenda (7/23/2014)
7/23/2014 Hold On Agenda (8/13/2014)
8/13/2014 Hold On Agenda (8/27/2014)
8/27/2014 Hold On Agenda (9/3/2014)
9/3/2014 Advance and Do Pass, Debate
9/4/2014 Passed

View Attachments
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140481.pdf Authenticated 640K Authenticated
140481 Staff Report.pdf Staff Report 504K Staff Report
140481 Fact Sheet.pdf Fact Sheet 501K Fact Sheet

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ORDINANCE NO. 140481

 

Approving an amendment to a previously approved 361 acre Community Unit Project Plan in District R-7.5 by removing about 57 acres generally located south of N.E. 106th Street and east of future Shoal Creek Parkway from said plan and leaving in place the Community Unit Project Plan for the remaining 304 acres in the Pine Grove subdivision. (12209-P-10)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section A. That an amendment to an approved 361 acre Community Unit Project Plan in District R-7.5 (Residential – 7.5) to remove about 57 acres generally located south of N.E. 106th Street and east of future Shoal Creek Parkway from said plan and leaving in place the Community Unit Project Plan for the remaining 304 acres in the Pine Grove subdivision, which areas are more specifically described as follows:

57 acre tract of land, more specifically described as follows:

 

All that part of Sections 29, 30 and 31, Township 52, Range 32 all in the City of Kansas City, Clay County, Missouri described as follows: Beginning at the Southwest corner of the East Half of the Southeast Quarter of said Section 30; thence North 89 degrees 42 minutes 59 seconds West, along the South line of the Northeast Quarter of said Section 30, a distance of 100.34 feet; thence North 00 degrees 21 minutes 16 seconds East, a distance of 1746.09 feet; thence South 89 degrees 42 minutes 29 seconds East, a distance of 100.00 feet to a point on the East line of the Northwest Quarter of the Southeast Quarter of said Section 30; thence continuing South 89 degrees 42 minutes 29 seconds East, a distance of 1301.51 feet to a point on the East line of the Southeast Quarter of said Section 30; thence South 00 degrees 29 minutes 56 seconds West, along the East line of the Southeast Quarter of said Section 30, a distance of 78.31 feet; thence South 89 degrees 11 minutes 17 seconds East, a distance of 77.14 feet to the Northwest corner of Pine Grove Limited Phase 1, a subdivision of land in the City of Kansas City, Clay County, Missouri; thence South 00 degrees 29 minutes 57 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 858.42 feet; thence South 23 degrees 32 minutes 38 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 240.41 feet to a point on the Northerly right of way line of NE. 104th Street; thence North 66 degrees 27 minutes 22 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, also being the Northerly right of way line of said NE. 104th Street, a distance of 100.19 feet; thence South 23 degrees 32 minutes 38 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 165.00 feet; thence South 43 degrees 23 minutes 27 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 463.84 feet; thence South 20 degrees 17 minutes 31 seconds West, along the Westerly line of said Pine Grove Limited Phase 1 and its Southerly prolongation thereof, a distance of 396.49 feet; thence North 89 degrees 42 minutes 59 seconds West, a distance of 672.28 feet to a point on the West line of the Northeast Quarter of the Northeast Quarter of said Section 31; thence North 00 degrees 18 minutes 32 seconds East, along the West line of the Northeast Quarter of the Northeast Quarter of said Section 31, a distance of 235.00 feet to the Point of Beginning. Said tract of land contains 57.00 acres, more or less.

 

304 acre area remaining in said Community Unit Project Plan, described as follows:

 

A tract of land located in that part of Section 29, Township 52 North, Range 32 West, Section 30, Township 52 North, Range 32 West, Section 31, Township 52 North, Range 32 West, and Section 32, Township 52 North, Range 32 West, all in Kansas City, Clay County, Missouri, and being more particularly described as follows: Beginning at the northwest corner of the Northwest Quarter of the Southeast Quarter of said Section 32; thence North 00 degrees 38 minutes 36 seconds East along the west line of the Southwest Quarter of the Northeast Quarter of said Section 32, a distance of 99.00 feet; thence South 89 degrees 41 minutes 07 seconds East, a distance of 1322.31 feet to a point on the east line of the Southwest Quarter of the Northeast Quarter of said Section 32; thence North 00 degrees 24 minutes 42 seconds East along said east line, a distance of 1210.45 feet to the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 32; thence continuing North 00 degrees 24 minutes 42 seconds East along the east line of the Northwest Quarter of the Northeast Quarter of said Section 32, a distance of 30.00 feet to the southeast corner of a tract of land described in Book 2194, at page 830 in the Office of the Recorder of Deeds, Clay County, Missouri; thence North 89 degrees 36 minutes 39 seconds West and parallel with the south line of the Northwest Quarter of the Northeast Quarter of said Section 32, a distance of 756.00 feet; thence North 00 degrees 24 minutes 42 seconds East and parallel with the east line of the Northwest Quarter of the Northeast Quarter of said Section 32, a distance of 300.00 feet; thence South 89 degrees 36 minutes 39 seconds East and parallel with the south line of the Northwest Quarter of the Northeast Quarter of said Section 32, a distance of 756.00 feet to a point on the east line of the Northwest Quarter of the Northeast Quarter of said Section 32; thence North 00 degrees 24 minutes 42 seconds East along the east line of the Northwest Quarter of the Northeast Quarter of said Section 32, a distance of 980.85 feet to the southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 29; thence North 00 degrees 49 minutes 11 seconds East along the east line of the Southwest Quarter of the Southeast Quarter of said Section 29, a distance of 1319.63 feet to the northeast corner of the Southwest Quarter of the Southeast Quarter of said Section 29; thence North 89 degrees 39 minutes 10 seconds West along the north line of Southwest Quarter of the Southeast Quarter, a distance of 1318.59 feet to the northwest corner of the Southwest Quarter of the Southeast Quarter of said Section 29; thence South 00 degrees 42 minutes 20 seconds West along the west line of the Southwest Quarter of the Southeast Quarter of said Section 29, a distance of 355.46 feet; thence North 89 degrees 11 minutes 22 seconds West, a distance of 2079.21 feet; thence North 00 degrees 43 minutes 56 seconds East, a distance of 704.75 feet; thence North 89 degrees 11 minutes 17 seconds West, a distance of 564.39 feet to a point on the east line of the Northeast Quarter of the Southeast Quarter of said Section 30; thence North 00 degrees 29 minutes 56 seconds East along the east line of the Northeast Quarter of the Southeast Quarter of said Section 30, a distance of 78.31 feet; thence North 89 degrees 42 minutes 29 seconds West, a distance of 1301.51 feet to a point on the east line of the Northwest Quarter of the Southeast Quarter of said Section 30; thence continuing North 89 degrees 42 minutes 29 seconds West, a distance of 100.00 feet; thence South 00 degrees 21 minutes 16 seconds west and parallel with the east line of the West One-Half of the Southeast Quarter of said Section 30, a distance of 1746.09 feet; to a point on the north line of the Southwest Quarter of the Southeast Quarter of said Section 31; thence South 00 degrees 19 minutes 13 seconds West and parallel with the east line of the Northwest Quarter of the Northeast Quarter of said Section 31, a distance of 235.09 feet; thence South 89 degrees 42 minutes 57 seconds West, a distance of 100.00 feet to a point on the east line of the Northwest Quarter of the Northeast Quarter of said Section 31; thence continuing South 89 degrees 42 minutes 57 seconds East, a distance of 1297.54 feet to a point on the east line of the Northeast Quarter of the Northeast Quarter of said Section 31; thence South 00 degrees 12 minutes 38 seconds West along the east line of the Northeast Quarter of the Northeast Quarter of said Section 31, a distance of 1076.95 feet to the southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 32; thence South 89 degrees 11 minutes 55 seconds East along the south line of the Northwest Quarter of the Northwest Quarter of said Section 32, a distance of 1314.03 feet to the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 32; thence South 00 degrees 22 minutes 15 seconds West along the west line of the Southeast Quarter of the Northwest Quarter of said Section 32, a distance of 1310.34 feet to the southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 32; thence South 89 degrees 10 minutes 57 seconds East along the south line of the Southeast Quarter of the Northwest Quarter of said Section 32, a distance of 1310.93 feet to the point of beginning. Except that part in road right of ways. The above described tract contains 361.03 acres, more or less, and is subject to all easements recorded or unrecorded, if any.

 

Except: All that part of Sections 29, 30 and 31, Township 52, Range 32 all in the City of Kansas City, Clay County, Missouri described as follows: Beginning at the Southwest corner of the East Half of the Southeast Quarter of said Section 30; thence North 89 degrees 42 minutes 59 seconds West, along the South line of the Northeast Quarter of said Section 30, a distance of 100.34 feet; thence North 00 degrees 21 minutes 16 seconds East, a distance of 1746.09 feet; thence South 89 degrees 42 minutes 29 seconds East, a distance of 100.00 feet to a point on the East line of the Northwest Quarter of the Southeast Quarter of said Section 30; thence continuing South 89 degrees 42 minutes 29 seconds East, a distance of 1301.51 feet to a point on the East line of the Southeast Quarter of said Section 30; thence South 00 degrees 29 minutes 56 seconds West, along the East line of the Southeast Quarter of said Section 30, a distance of 78.31 feet; thence South 89 degrees 11 minutes 17 seconds East, a distance of 77.14 feet to the Northwest corner of Pine Grove Limited Phase 1, a subdivision of land in the City of Kansas City, Clay County, Missouri; thence South 00 degrees 29 minutes 57 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 858.42 feet; thence South 23 degrees 32 minutes 38 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 240.41 feet to a point on the Northerly right of way line of N.E. 104th Street; thence North 66 degrees 27 minutes 22 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, also being the Northerly right of way line of said N.E. 104th Street, a distance of 100.19 feet; thence South 23 degrees 32 minutes 38 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 165.00 feet; thence South 43 degrees 23 minutes 27 seconds West, along the Westerly line of said Pine Grove Limited Phase 1, a distance of 463.84 feet; thence South 20 degrees 17 minutes 31 seconds West, along the Westerly line of said Pine Grove Limited Phase 1 and its Southerly prolongation thereof, a distance of 396.49 feet; thence North 89 degrees 42 minutes 59 seconds West, a distance of 672.28 feet to a point on the West line of the Northeast Quarter of the Northeast Quarter of said Section 31; thence North 00 degrees 18 minutes 32 seconds East, along the West line of the Northeast Quarter of the Northeast Quarter of said Section 31, a distance of 235.00 feet to the Point of Beginning. Said tract of land contains 57.00 acres, more or less.

 

is hereby approved subject to the previously approved conditions as follows (as contained in Committee Substitute for Ordinance No 040100 passed February 19, 2004):

 

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 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.

 

3. 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.

 

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

 

5. That the developer construct an eight foot wide asphalt trail along the north side of the collector street as required by the Department of Public Works.

 

6. That the developer dedicate right of way for N. Hardesty Avenue as required by the Department of Public Works so as to provide a total of 40 feet of right of way as measured from the centerline of N. Hardesty Avenue from the collector street south to the development's southern boundary as shown on the Community Unit Project Plan at such time as Phase 7 is platted.

 

7. That the developer grade N. Hardesty right of way to the ultimate grade for the area abutting lot number 370 to lot number 374.

 

8. That the developer dedicate right of way for N. Hardesty Avenue as required by the Department of Public Works so as to provide a total of 40 feet of right of way as measured from the centerline of N. Hardesty Avenue from approximately 300 feet north of N.E. 102nd Street north to the development's northern boundary as shown on the Community Unit Project Plan at such time as Phase 3 adjacent to N. Hardesty is platted.

 

9. That the developer provide adequate sight distance on the subdivision entrances off N. Hardesty and establish the ultimate centerline profile and right of way profile for N. Hardesty and grade the right of way to the ultimate profile including relocation and subordination of utilities if necessary from approximately 300 feet north of N.E. 102nd Street north to the development's northern boundary as shown on the Community Unit Project Plan at such time as Phase 3 adjacent to N. Hardesty is platted.

 

10. That the developer dedicate right of way for Shoal Creek Parkway as shown on the Community Unit Project Plan and as required by the Board of Parks and Recreation Commissioners at such time as Phase 2 is platted.

 

11. That the developer dedicate right of way for N. Mersington Avenue as required by the Department of Public Works so as to provide 100 feet of right of way for N. Mersington Avenue.

 

12. That the developer grade the entire right of way and improve the east half of N. Mersington Avenue to primary arterial street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

 

13. That the developer construct temporary cul-de-sacs as required by the Department of Public Works.

 

14. That the developer contribute $175,900.11 in lieu of parkland dedication for 799 single family lots (799 x 3.7 x 0.006 = 17.74 acres - 4.01 acres private open space = 13.73 x $12,811.37) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

15. That the developer extend water mains as required by the Water Services Department.

 

16. That the developer extend sanitary sewers as required by the Department of Public Works.

 

17. That the developer provide for fire protection as required by the Fire Department.

 

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

 

19. That the developer obtain a floodplain certificate from the Department of Codes Administration prior to beginning any construction activities within the floodplain.

 

20. That the developer submit a street tree planting plan as part of the final plat, 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, 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.

 

21. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of the private open space, common areas and detention tracts.

 

22. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, grading, berming and signage for all common area tracts.

 

23. That no development shall occur beyond Phase II or an equivalent number of lots as shown on the Community Unit Project Plan until Shoal Creek Parkway is constructed or Staley Road is improved from the western boundary of the development to N. Woodland Avenue.

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 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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney