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