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Legislation #: 060583 Introduction Date: 5/25/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a community unit project on an approximately 380 acre tract of land generally located on the east side of M-291 (N.E. Cookingham Drive) between N.E. 100th Street on the south and N.E. 109th Terrace on the north, in District R-1a. (6056-CUP-17)

Legislation History
DateMinutesDescription
5/24/2006 Filed by the Clerk's office
5/25/2006 Referred to Planning, Zoning & Economic Development Committee
6/14/2006 Advance and Do Pass as a Committee Substitute, Debate
6/15/2006 Passed as Substituted

View Attachments
FileTypeSizeDescription
060578.pdf Advertise Notice 85K other
060583.pdf Authenticated 418K Authenticated
C006056CP18_Fact_Sheet.doc Fact Sheet 102K fact sheet
C006056CP18_STAFFRPT_03_07_06.doc Staff Report 99K staff report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060583

 

Approving a community unit project on an approximately 380 acre tract of land generally located on the east side of M-291 (N.E. Cookingham Drive) between N.E. 100th Street on the south and N.E. 109th Terrace on the north, in District R-1a. (6056-CUP-17)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a community unit project on an approximately 380 acre tract of land generally located on the east side of M-291 (N.E. Cookingham Drive) between N.E. 100th Street on the south and N.E. 109th Terrace on the north, in District R-1a (One-Family Dwellings, Medium Density), and more specifically described as follows:

 

A tract of land in Sections 26 and 35, Township 52 North, Range 32 West in Kansas City, Clay County, Missouri, described as follows: Beginning at the Northwest corner of the Northeast Quarter of Section 35; thence South 00 degrees, 17 minutes, 25 seconds West, along the East line of the Northeast Quarter, 2635.62 feet, to the Southeast corner of the Northeast Quarter; thence North 89 degrees, 30 minutes, 38 seconds West, along the South line of the Northeast Quarter, 1899.74 feet; thence North 39 degrees, 00 minutes, 38 seconds West, 293.00 feet; thence South 59 degrees, 30 minutes, 33 seconds West, 56.00 feet; thence North 63 degrees, 28 minutes, 42 seconds West, 359.50 feet, to the existing Easterly Right-Of-Way of Missouri Route 291; thence, along the existing Right-Of-Way, the following three courses: North 23 degrees, 00 minutes, 32 seconds West, 440.59 feet; South 66 degrees, 59 minutes, 28 seconds West, 5.00 feet; North 23 degrees, 00 minutes, 32 seconds West, 423.06 feet; thence, leaving existing Right-Of-Way, North 66 degrees, 59 minutes, 28 seconds East, 137.72 feet, thence North 48 degrees, 17 minutes, 04 seconds East, 631.95 feet; thence along a curve to the left, tangent to last course, having a radius of 15.00 feet, and an arc length of 20.05 feet, to a point of reverse curvature; thence along a curve to the right, tangent to last curve, having a radius of 330.00 feet, and an arc length of 30.52 feet, to a point of tangency; thence North 23 degrees, 00 minutes, 32 seconds West, 238.05 feet; thence North 66 degrees, 59 minutes, 28 seconds East, 60.00 feet, to a non-tangent curve to the right; thence along curve, having an Initial Tangent Bearing of North 23 degrees, 00 minutes, 33 seconds West, a radius of 15.00 feet, and an arc length of 23.56 feet; thence North 23 degrees, 00 minutes, 32 seconds West, non-tangent to last curve, 50.00 feet; thence North 66 degrees, 59 minutes, 28 seconds East, 236.07 feet; thence North 21 degrees, 27 minutes, 43 seconds West, 220.36 feet; thence North 00 degrees, 28 minutes, 09 seconds East, 297.43 feet, to a non-tangent curve to the right; thence along the curve, having an Initial Tangent Bearing of North 76 degrees, 02 minutes, 10 seconds East, a radius of 660.00 feet, and an arc length of 166.26 feet, to a point of tangency; thence South 89 degrees, 31 minutes, 51 seconds East, 165.50 feet; thence North 00 degrees, 28 minutes, 09 seconds East, 80.00 feet; thence North 89 degrees, 31 minutes, 51 seconds West, 165.50 feet, to a curve to the left; thence along the curve, tangent to last course, having a radius of 740.00 feet, and an arc length of 140.34 feet; thence North 00 degrees, 28 minutes, 09 seconds East, 44.20 feet; thence North 86 degrees, 40 minutes, 43 seconds West, 217.62 feet; thence South 88 degrees, 04 minutes, 59 seconds West, 70.35 feet; thence South 82 degrees, 28 minutes, 10 seconds West, 294.59 feet; thence North 66 degrees, 11 minutes, 35 seconds West, 75.36 feet; thence South 23 degrees, 48 minutes, 25 seconds West, 19.45 feet, to a tangent curve to the left; thence along the curve, having, a radius of 270.00 feet, and an arc length of 225.52 feet; thence South 65 degrees, 56 minutes, 59 seconds West, 60.00 feet; thence North 88 degrees, 56 minutes, 51 seconds West, 131.06 feet; thence North 86 degrees, 08 minutes, 24 seconds West, 87.19 feet; thence North 77 degrees, 14 minutes, 51 seconds West, 341.34 feet; thence South 66 degrees, 59 minutes, 28 seconds West, 26.00 feet, to a point on the existing Easterly Right-Of-Way of Missouri Route 291; thence along the existing Right-Of-Way the following five courses: North 23 degrees, 00 minutes, 32 seconds West, 889.61 feet; North 66 degrees, 59 minutes, 28 seconds East, 10.00 feet; North 23 degrees, 00 minutes, 32 seconds West, 750.00 feet; South 66 degrees, 59 minutes, 28 seconds West, 10.00 feet; North 21 degrees, 46 minutes, 57 seconds West, 13.50 feet, to a point on the existing South line of recorded plat Brooke Meadows 2nd Plat; thence, along the South line of Brooke Meadows 2nd Plat, the following three courses: North 67 degrees, 00 minutes, 17 seconds East, 465.30 feet; North 52 degrees, 03 minutes, 02 seconds East, 615.02 feet; North 43 degrees, 55 minutes, 44 seconds East, 300.34 feet, to a point on the Southerly line of recorded plat Somerbrooke Third Plat; thence South 83 degrees, 53 minutes, 30 seconds East, along the South line, 296.31 feet, to a point on the Easterly line of Somerbrooke Third Plat; thence, along the Easterly line the following six courses: North 36 degrees, 22 minutes, 50 seconds East, 5.79 feet; North 52 degrees, 04 minutes, 33 seconds East, 527.42 feet; North 22 degrees, 20 minutes, 17 seconds East, 535.88 feet; North 34 degrees, 58 minutes, 04 seconds East, 534.08 feet; North 56 degrees, 32 minutes, 43 seconds East, 308.40 feet; North 32 degrees, 11 minutes, 03 seconds East, 291.84 feet, to the West line of the East Half of the Northeast Quarter of Section 26; thence South 00 degrees, 37 minutes, 19 seconds West, 563.03 feet, to the Northwest corner of the South Half of the Southeast Quarter of the Northeast Quarter; thence South 89 degrees, 25 minutes, 57 seconds East, along the North line of the South Half, 1316.80 feet, to the East line of the Northeast Quarter; thence South 00 degrees, 41 minutes, 25 seconds West, along the East line, 655.02 feet, to the Northeast corner of the Southeast Quarter; thence South 00 degrees, 31 minutes, 47 seconds West, along the East line of the Southeast Quarter, 2617.15 feet, to the point of beginning.

 

Except a tract described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 26; thence North 89 degrees, 31 minutes, 52 seconds West, along the South line of the Southeast Quarter, 535.30 feet, to the point of beginning of exception; thence continuing North 89 degrees, 31 minutes, 52 seconds West, along the South line, 220.00 feet; thence North 00 degrees, 32 minutes, 08 seconds East, 792.00 feet; thence South 89 degrees, 31 minutes, 52 seconds East, parallel with the South line of the Southeast Quarter, 220.00 feet; thence South 00 degrees, 32 minutes, 08 seconds West, 792.00 feet, to the point of beginning of exception. All containing 381.14 acres, of which 4.00 acres is in exception, leaving 377.14 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, commonly known as the Subdivision Regulations.

 

2. That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for approval at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

 

3. That the developer dedicate additional right of way for a secondary arterial as required by Development Services so as to provide a minimum of right of way as shown on development plans 6056-CP-18 and 6056-CUP-17 for N.E. 104th Street.

 

4. That the portion of N.E. 104th Street from M-291 to Phase A-1, as shown on the approved development plans, be constructed prior to approval of the first final plat for the residential development of Case No. 6056-CUP-17.

 

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.

 

6. That temporary off-site cul-de-sacs be constructed as required by Development Services.

 

7. 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.

 

8. 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 shall be responsible for all costs associated with subordination activities.

 

9. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri Licensed Civil Engineer stating that the sidewalks, curb and gutter are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

 

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

 

11. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

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

 

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

 

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

 

15. 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.

 

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

 

17. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

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

 

19. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services.

 

20. That access restrictions be provided to prohibit direct access from any lots on to Missouri Highway 291 and that the restriction be placed on the Final Plat.

 

21. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and for fencing material and heights of fencing along M-291 and N.E. 104th Street, and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

22. That the developer dedicate not less than 24.495 acres of public parkland as shown on the development plan and as required by the Parks and Recreation Department.

 

23. 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 and maintain the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

 

24. That the developer submit a final community unit project plan to the City Plan Commission for approval, including plans for landscaping, signage and grading. The final plan shall include berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of signage.

 

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