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Legislation #: 140110 Introduction Date: 2/6/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved preliminary plan in District R-1.5 (Residential 1.5) on approximately a 10.7 acre tract of land generally located south of N.E. 94th Street and east of N.W. View Crest Drive. (13434-P-5)

Legislation History
DateMinutesDescription
2/6/2014 Filed by the Clerk's office
2/6/2014 Referred to Planning, Zoning & Economic Development Committee
2/19/2014 Advance and Do Pass as a Committee Substitute, Debate
2/20/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140110.pdf Authenticated 335K Authenticated
140110 Fact Sheet.pdf Fact Sheet 386K Fact Sheet
CO13434P5_Revised Plans_1.30.14.pdf Plan 9973K Revised Plans
C013434P5_DocketMapforPZE.pdf Maps 1018K Docket Map
C013434P5_CPCDISPO_12.17.13.pdf Staff Report 175K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140110

 

Approving an amendment to a previously approved preliminary plan in District R-1.5 (Residential 1.5) on approximately a 10.7 acre tract of land generally located south of N.E. 94th Street and east of N.W. View Crest Drive. (13434-P-5)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved (under Chapter 80) preliminary plan in District R-1.5 (Residential 1.5) on approximately a 10.7 acre tract of land generally located south of N.E. 94th Street and east of N.W. View Crest Drive, and more specifically described as follows:

 

All of Lot 9, 10, 11, 12 and 13 and part of Lot 14, Lakeview Acres, a subdivision of land and part of a tract of land in the Northwest Quarter of Section 2, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Southeast corner of the West Half of said Northeast Quarter; thence North 00 degrees 06 minutes 03 seconds East, along the East line of the West Half of said Northwest Quarter, 29.48 feet to a point on the Northerly right-of-way line of State Highway No. 152, as now established, said point also being the Point of Beginning of the tract of land to be herein described; thence North 88 degrees 42 minutes 20 seconds West, along said Northerly right-of-way line, 478.74 feet; thence North 74 degrees 59 minutes 55 seconds West, continuing along said Northerly right-of-way line, 37.28 feet; thence North 00 degrees 04 minutes 28 seconds East, 224.84 feet to a point on the South right-of-way line of Craig Crest, now vacated by Ordinance No. 080577 recorded November 5, 2008, as Document No. 2008037945 in Book 6070 at Page 23; thence North 72 degrees 04 minutes 28 seconds East, 21.03 feet to a point on the Southerly prolongation of the East right-of-way line of NW View Crest Drive, as now established; thence North 00 degrees 04 minutes 28 seconds East, along said East right-of-way line, 691.00 feet to the Southwest corner of Kemp Estates – First Plat, a subdivision of land in said Kansas City, Clay County, Missouri, said corner also being a point on the South right-of-way line of NW 94th Street, as now established; thence South 89 degrees 55 minutes 32 seconds East, along said South line, 418.15 feet; thence Easterly, along a curve to the left, having an initial tangent bearing of South 87 degrees 40 minutes 59 seconds East with a radius of 970.00 feet, a central angle of 01 degrees 07 minutes 16 seconds and an arc distance of 18.98 feet; thence Easterly, continuing along said South line, on a curve to the left, having a common tangent with the last described course with a radius of 1,345.00 feet, a central angle of 02 degrees 28 minutes 09 seconds and an arc distance of 57.96 feet to the Southeast corner of said Kemp Estates – First Plat, said corner also being a point on the East line of the West Half of said Northwest Quarter; thence South 00 degrees 06 minutes 03 seconds West, along said East line, 941.70 feet to the Point of Beginning.

 

is hereby approved, subject to the following conditions:

 

1.                  That the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Zoning and Development Regulations.

 

2.                  That the developer dedicate additional right of way for a residential street as required by the Land Development Division so as to provide a total of 25 feet of right of way as measured from the centerline of N.W. View Crest Drive.

 

3.                  That the developer improve the eastern portion of View Crest Drive to maintain a minimum pavement width of 20 feet with additional improvements to include curbs, gutters, streetlight relocations as necessary and grading as required to preserve the integrity of the existing tree line on the east side of said street.

 

4.                  That the developer dedicate additional right of way and provide improvements for a 90 foot diameter cul-de-sac at the south end of View Crest Drive for fire truck maneuvering, as required by the Land Development Division, prior to construction beyond foundations.

 

5.                  That the developer provide adequate sight distance for the vehicular entrance to the proposed development from N.E. 94th Street as required by the Land Development Division of City Development Department.

 

6.                  That the developer submit a micro storm drainage study including water quality analysis and proposed permanent BMPs to Development Services for review by the Land Development Division for the proposed development, and that the developer construct any improvements as required by the Land Development Division.

 

7.                  That the developer provide a recorded “Conveyance of Easement for BMPs” for any required permanent BMP areas, as required by the Land Development Division.

 

8.                  That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to the commencement of any construction activities.

 


9.                  That the developer secure a land disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

10.              That the developer extend sanitary sewers to ensure individual service is provided to the proposed lot and future building within the development, and determine adequacy as required by the Land Development Division.

 

11.              That the developer provide a storm water conveyance system to serve the proposed lot within the development and determine adequacy as required by the Land Development Division.

 

12.              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.

 

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

 

14.              That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, drive entrance, storm sewers, and streetlights as necessary along development street frontage associated with N.E. 94th, as required by the Land Development Division, prior to recording the plat.

 

15.              That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tract(s).

 

16.              That the developer further subdivide, consolidate, or adjust lot lines within the area of the plat through certificate of survey or other appropriate process prior to recording the final plat, as may be determined by Development Management.

 

17.              That the developer identify the limits of the regulated floodway, 100-year floodplain.

 

18.              That the developer either provide private open space area with amenities or contribute $23,572.32 in lieu of parkland dedication for 116 units in satisfaction of Section 88-405-17 of the Zoning and Development Code.

 

19.              That the developer enter into a deferral agreement for the proper grading and construction of sidewalks along the east side of View Crest Drive.  Said unsecured deferral agreement shall be exercised upon the construction and city acceptance of sidewalk improvements along the west side of View Crest Drive adjacent to this project and the City may restrict future building permit to guarantee the work.  If said deferral agreement has not been exercised within 10 years following the date of this ordinance, the agreement shall be terminated.

 

A copy of said amendment 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 and Development Code 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