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Legislation #: 081270 Introduction Date: 12/18/2008
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Amending a Community Unit Project on an approximately 166.1 acre tract of land generally located at the southwest corner of N.W. Englewood Road and U.S. Highway 169, and approving a development plan for the same. (12970-CUP-17)

Legislation History
DateMinutesDescription
12/18/2008 Filed by the Clerk's office
12/18/2008 Referred to Planning and Zoning Committee
1/7/2009 Hold On Agenda (2/4/2009)
2/4/2009 Advance and Do Pass as a Committee Substitute, Debate
2/5/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
081270.pdf Authenticated 523K authenticated
C012970CUP17_FACTSHT.xls Fact Sheet 87K Fact Sheet
C012970PD19_STAFFRPT02_03_09.doc Staff Report 132K Staff Report
aff of pub 081263.pdf Advertise Notice 63K Affidavit of Publication
advertising.pdf Advertise Notice 68K Advertise Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081270

 

Amending a Community Unit Project on an approximately 166.1 acre tract of land generally located at the southwest corner of N.W. Englewood Road and U.S. Highway 169, and approving a development plan for the same. (12970-CUP-17)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project is hereby amended on an approximately 166.1 acre tract of land generally at the southwest corner of N.W. Englewood Road and U.S. Highway 169, and more specifically described as follows:

 

A tract of land in Section 34, Township 51, Range 33 East, more particularly described as follows: Commencing at the northwest corner of Section 34, Township 51, Range 33; thence South 00 degrees 33 minutes 30 seconds West, a distance of 35.00 feet to the true point of beginning; thence South 89 degrees 14 minutes 19 seconds East, a distance of 840.35 feet; thence North 00 degrees 17 minutes 27 seconds East, a distance of 5.24 feet; thence South 89 degrees 14 minutes 04 seconds East, a distance of 1730.12 feet; thence South 89 degrees 13 minutes 13 seconds East, a distance of 969.04 feet; thence South 77 degrees 07 minutes 06 seconds East, a distance of 199.14 feet; thence South 04 degrees 48 minutes 16 seconds East, a distance of 1246.54 feet; thence North 89 degrees 13 minutes 30 seconds West, a distance of 166.50 feet; thence South 00 degrees 19 minutes 49 seconds West, a distance of 1317.43 feet; thence South 89 degrees 13 minutes 47 seconds East, a distance of 9.22 feet; thence South 19 degrees 12 minutes 57 seconds West, a distance of 529.13 feet; thence along a curve to the right, said curve being the westerly right-of-way line of State Highway No. 169, being tangent to the last described course, having a central angle of 81 degrees 50 minutes 06 seconds, a radius of 834.40 feet, an arc length of 1191.77 feet, a chord bearing of South 60 degrees 08 minutes 00 seconds West and chord length of 1093.02 feet; thence North 00 degrees 10 minutes 41 seconds East, a distance of 1059.00 feet; thence North 89 degrees 26 minutes 42 seconds West, a distance of 411.14 feet; thence North 00 degrees 17 minutes 27 seconds East, a distance of 835.83 feet; thence North 89 degrees 26 minutes 42 seconds West, a distance of 901.50 feet; thence North 00 degrees 17 minutes 27 seconds East, a distance of 484.13 feet; thence North 89 degrees 20 minutes 23 seconds West, a distance of 414.54 feet; thence North 00 degrees 17 minutes 27 seconds East, a distance of 275.94 feet; thence North 89 degrees 14 minutes 19 seconds West, a distance of 845.04 feet; thence North 00 degrees 33 minutes 30 seconds East, a distance of 1004.50 feet, to the point of beginning. Except a tract of land in Section 34, Township 51, Range 33 East, more particularly described as follows: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of Section 34-51-33, thence North 00 degrees 21 minutes 16 seconds East, a distance of 35.00 feet to the true point of beginning: thence North 89 degrees 14 minutes 40 seconds West, a distance of 647.76 feet, thence South 00 degrees 31 minutes 19 seconds West, a distance of 639.05 feet; thence North 89 degrees 57 minutes 36 seconds East, a distance of 1078.58 feet; thence North 43 degrees 24 minutes 33 seconds East, a distance of 135.28 feet; thence North 84 degrees 41 minutes 23 seconds East, a distance of 22.81 feet; thence North 16 degrees 35 minutes 42 seconds East, a distance of 204.68 feet; thence North 00 degrees 42 minutes 59 seconds West, a distance of 146.90 feet; thence North 16 degrees 02 minutes 37 seconds West, a distance of 186.00 feet; thence North 89 degrees 13 minutes 13 seconds West, a distance of 546.00 feet to the true point of beginning. Containing 166.09 acres, more or less.

 

by deleting 16.5 acres at the northeast corner more specifically described as follows:

 

A tract of land in the Northeast Quarter and in the Northwest Quarter of Section 34, Township 51 North, Range 33 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 13 minutes 31 seconds West along the north line of said Northwest Quarter, 650.00 feet; thence South 0 degrees 21 minute 49 seconds West, 35.00 feet to a point on the southerly right-of-way line of N.W. Englewood Road, as now established; thence South 89 degrees 13 minutes 31 seconds East along said northerly line, 650.00 feet; thence South 89 degrees 12 minutes 40 seconds East along said northerly line, 546.00 feet to the true point of beginning of the tract to be herein described; thence continuing South 89 degrees 12 minutes 40 seconds East along said northerly line, 423.05 feet; thence South 77 degrees 06 minutes 33 seconds East along said northerly line, 199.14 feet to a point on the westerly right-of-way line of U.S. Highway 169, as now established; thence South 04 degrees 47 minutes 43 seconds East along said westerly line, 1246.54 feet; thence North 89 degrees 12 minutes 57 seconds West along said westerly line, 166.50 feet; thence South 72 degrees 24 minutes 42 seconds West, 126.55 feet; thence northerly, on a curve to the left, having an initial tangent bearing of North 17 degrees 35 minutes 18 seconds West, a radius of 1450.00 feet, a central angle of 33 degrees 49 minutes 18 seconds, an arc distance of 855.94 feet; thence South 38 degrees 35 minutes 24 seconds West, 49.80 feet to a point on the northerly line of Kinsley Forest Estates Second Plat, a subdivision in Kansas City, Clay County, Missouri; thence North 89 degrees 59 minutes 27 seconds West along said northerly line, 508.11 feet; thence North 00 degrees 00 minutes 33 seconds East along said northerly line, 50.00 feet; thence South 89 degrees 59 minutes 27 seconds East, 461.80 feet; thence North 43 degrees 25 minutes 06 seconds East, 135.19 feet; thence North 84 degrees 41 minutes 56 seconds East, 22.81 feet; thence North 16 degrees 36 minutes 15 seconds East, 204.68 feet; thence North 00 degrees 42 minutes 26 seconds West, 146.90 feet; thence North 16 degrees 02 minutes 04 seconds West, 186.00 feet to the true point of beginning. Containing 16.51 acres, more or less.

 

and approving an amended community unit project plan on the remaining 149.6 acres more specifically described as follows:

 

A tract of land in Fractional Section 34, Township 51 North, Range 33 West of the Fifth Principal Meridian, Kansas City, Clay County and Platte County, Missouri, being bounded and described as follows: Commencing at the northwest corner of said Fractional Section 34; thence South 00 degrees 33 minutes 30 seconds West, along the west line of said Fractional Section 34, a distance of 35.00 feet to a point on the southerly right-of-way line of N.W. Englewood Road, as now established, said point being also the true point of beginning of the tract to be herein described; thence South 89 degrees 13 minutes 46 seconds East (Deed South 89 degrees 14 minutes 19 seconds East), along said southerly line, a distance of 840.32 feet; thence North 00 degrees 17 minutes 58 seconds East (Deed North 00 degrees 17 minutes 27 seconds East), along said southerly line, a distance of 5.24 feet; thence South 89 degrees 13 minutes 31 seconds East (Deed South 89 degrees 14 minutes 04 seconds East), along said southerly line, a distance of 1080.12 feet to a point on the Easterly line of Kinsley Forest Estates First Plat, a subdivision in Kansas City, Clay and Platte County, Missouri; thence South 00 degrees 21 minutes 49 seconds West, along said easterly line, 639.08 feet to a point on the northerly line of Kinsley Forest Estates Second Plat, a subdivision in Kansas City, Clay and Platte County, Missouri; thence easterly, along said northerly line, on a curve to the right, having an initial tangent bearing of North 87 degrees 34 minutes 34 seconds East, a radius of 925.00 feet, a central angle of 02 degrees 25 minutes 59 seconds, an arc distance of 39.28 feet; thence South 89 degrees 59 minutes 27 seconds East along said northerly line, 577.94 feet; thence South 00 degrees 00 minutes 33 seconds West along said northerly line, 50.00 feet; thence South 89 degrees 59 minutes 27 seconds East along said northerly line, 508.11 feet; thence North 38 degrees 35 minutes 24 seconds East, 49.80 feet; thence southerly, on a curve to the right, having an initial tangent bearing of South 51 degrees 24 minutes 36 seconds East, a radius of 1450.00 feet, a central angle of 33 degrees 49 minutes 18 seconds, an arc distance of 855.94 feet; thence North 72 degrees 24 minutes 42 seconds East, 126.55 feet to a point on the westerly right-of-way line of U.S. Highway 169, as now established; thence South 00 degrees 20 minutes 22 seconds West along said westerly line, 1317.50 feet; thence South 89 degrees 39 minutes 38 seconds East along said westerly line, 9.22 feet; thence South 19 degrees 13 minutes 30 seconds West along said westerly line, 529.13 feet; thence southerly along said westerly line, on a curve to the right, tangent to the last described course, having a radius of 834.40 feet, a central angle of 81 degrees 50 minutes 06 seconds, an arc distance of 1191.77 feet; thence North 00 degrees 11 minutes 14 seconds East, 1059.00 feet; thence North 89 degrees 26 minutes 09 seconds West, 411.14 feet; thence North 00 degrees 18 minutes 00 seconds East, 835.82 feet; thence North 89 degrees 26 minutes 09 seconds West (Plat North 89 degrees 26 minutes 42 seconds West), along the southerly line of said Kinsley Forest Estates Second Plat, and its easterly prolongation, a distance of 901.50 feet; thence North 00 degrees 17 minutes 27 seconds East, along said southerly line, a distance of 484.30 feet (Plat - 484.13 feet); thence North 89 degrees 20 minutes 23 seconds West, along said southerly line, a distance of 414.54 feet; thence North 00 degrees 17 minutes 27 seconds East, along said southerly line, a distance of 275.94 feet (Plat - 281.48 feet); thence North 89 degrees 14 minutes 19 seconds West, along said southerly line, a distance of 844.74 feet (Plat - 845.01 feet) to a point on the west line of said Fractional Section 34; thence North 00 degrees 33 minutes 30 seconds East, along said west line, a distance of 1004.52 feet to the true point of beginning. Containing 149.57 acres, more or less.

 

to allow for 1,352 existing and proposed single-family and multi-family residential units and private open space.

 

Section B. That a development plan for the area legally described above 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 an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to clearance of the final plat and make necessary improvements as required by Development Services.

 

3. That at the time of platting of Phase 1, the developer either:

 

a) construct the following improvements, as shown on the development plan, including all associated traffic signal modifications, tapers, and transitions:

 

1. an additional eastbound through lane from Drive 1 to the Highway 169 interchange; and

 

2. an additional westbound through lane from the Highway 169 interchange to Drive 2, ending in a left turn lane; and

 

3. an additional 500 foot long southbound lane on southbound Highway 169 off ramp with appropriate tapers and transitions; and

 

4. traffic signal modification for protected phase for the eastbound left turn onto N. Summit Street; and

 

5. dual westbound left-turn lanes onto southbound Highway 169 on-ramp (under the 169 bridge for the entire length between ramp intersections); and

 

6. a channelized right turn from the northbound off-ramp; all as required by the Department of Public Works, the Department of Parks and Recreation and the Missouri Department of Transportation; and

 

7. an additional 200 foot long southbound lane on the Highway 169 southbound on-ramp terminated with a merge taper; or

 

b) enter into a cooperative agreement to contribute a sum of money to fund construction of roundabouts at the intersections of the Highway 169 ramps with N.W. Englewood Road, and that those roundabouts be completed prior to recording the final plat, as required by the Department of Public Works, the Department of Parks and Recreation and the Missouri Department of Transportation.

 

4. That at the time of platting of Phase 2, the developer construct a 200 foot long westbound right turn lane onto the northbound Highway 169 ramp with appropriate tapers and transitions as required by the Department of Public Works, the Department of Parks and Recreation and the Missouri Department of Transportation, unless roundabouts have been constructed at the intersections of the Highway 169 ramps with N.W. Englewood Road.

 

5. That at the time of platting of Phase 3, the developer construct the following improvements, as shown on the development plan, including all associated traffic signal modifications, tapers, and transitions:

 

a. a 150 foot long southbound right turn lane on N. Summit Street with appropriate tapers and transitions; and

 

b. an eastbound right turn lane from Drive 1 to the Highway 169 southbound on-ramp;

 

all as required by the Department of Public Works, the Department of Parks and Recreation, and the Missouri Department of Transportation, unless roundabouts have been constructed at the intersections of the Highway 169 ramps with N.W. Englewood Road

 

6. That at the time of platting of Phase 2, and independent of any cooperative agreement for roundabout contribution, the developer signalize the intersection of Drive 2 and N.W. Englewood Road with dual westbound left turn lanes with appropriate tapers with protected phasing at such time as traffic signal warrants are met, and provide coordination with the Highway 169 ramp traffic signals, all as required by the Department of Public Works and the Department of Parks and Recreation.

 

7. That the developer construct all access points onto N.W. Englewood Road so as to meet AASHTO criteria for intersection sight distance, as required by Development Services.

 

8 That the developer comply with recommendations of the walkability plan, including provision of school crosswalks across N.W. Englewood Road at the westernmost access (across from the school entrance); adjacent sidewalks, signing, and amenities; ADA standard curb ramps; and signing for the school crosswalk, as required by Development Services in conjunction with installation of turn lanes.

 

9. That the developer submit plans for grading and siltation and erosion control to Development Services for review and acceptance prior to beginning any construction activities.

 

10. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities disturbing one acre or more.

 

11. That the developer obtain grading consents and all grading, temporary construction and drainage easements from the abutting property owner prior to submitting any public improvements

 

12. That the developer design and construct all interior streets to City standards as required by Development Services, including construction of curb, gutter, storm sewers, and sidewalks and installation of streetlights.

 

13. That the developer construct off-site temporary cul-de-sacs as required by Development Services.

 

14. That the developer integrate any relocated streetlights into the existing street light system as required by Development Services.

 

15. That the developer extend and/or relocate water lines and private branch service piping and grant exclusive easements as required by the Water Services Department.

 

16. That the developer extend and or relocate sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots in accordance with City standards and determine adequacy as required by Development Services.

 

17. That the developer obtain a floodplain certificate if any grading is to occur within a floodplain as required by Development Services.

 

18. That the final plat show the limits of the 100-year floodplain and the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area.

 

19. That the final plat include a statement prohibiting direct vehicular access onto Missouri Highway 169 from all lots and tracts as shown on the development plan.

 

20. 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.

 

21. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

22. That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

23. 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 be responsible for all costs associated with subordination activities now and in the future.

 

24. That the developer grant a Surface Drainage Easement to the City as required by Development Services, prior to recording the plat.

 

25. That the developer grant a BMP Easement to the City as required by Development Services, prior to recording the final plat.

 

26. That the developer submit covenants, conditions and restrictions to (Development Services) for review and acceptance by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

27. That the developer contribute $101,710.06 in lieu of parkland dedication for 1,084 new multifamily units (1,084 units x 2.0 x .006 x $10,509.41(year 2008), less credit for 3.33 acres of private open space = $101,710.06) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

28. That the developer submit a street tree planting plan prior to or concurrent with the final plat submittal, 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 City Development Department staff), and agree to plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

 

29. That the developer secure approval of the Street Naming Committee for all street names prior to submittal of the first final plat, and that the developer submit a copy of the approved street name plan as part of each final plat submittal to the Department of City Development.

 

30. That the developer receive the approval of the Board of Zoning Adjustment for any necessary variances.

 

31. That the developer submit a final plan for each phase, including tracts, to the City Plan Commission for approval, including detailed information on landscaping, lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section C. That the Council finds and declares that before taking any action on the proposed Community Unit Project hereinabove, all public notices have been given and hearings have been held as required by the Zoning Ordinance.

 

_____________________________________________

 


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