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Legislation #: 160471 Introduction Date: 6/16/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending a previously approved Chapter 80 preliminary development plan in Districts R-1a (One-family dwelling district – medium density (46.72 acres)) (now R-7.5) and R-5 (High apartment district (9.33 acres)) (now R-0.5) generally located south and east of N.E. Shoal Creek Drive, west of Interstate 435 and north of N.E. Pleasant Valley Road, to allow for minor modifications to the plan which will allow for 140 residential units and two institutional uses. (11265-CUP-6)

Legislation History
DateMinutesDescription
6/16/2016 Filed by the Clerk's office
6/16/2016 Referred to Planning, Zoning & Economic Development Committee
6/22/2016 Advance and Do Pass, Debate
6/23/2016 Passed

View Attachments
FileTypeSizeDescription
160471.pdf Authenticated 302K Authenticated
160471 Revised_Plans_05_24_16.pdf Plan 4012K 160471 Revised Plans
160471 FACT SHEET.pdf Fact Sheet 535K 160471 Fact Sheet
160471 Staff Report.pdf Staff Report 698K 160471 Staff Report

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ORDINANCE NO. 160471

 

Amending a previously approved Chapter 80 preliminary development plan in Districts R-1a (One-family dwelling district – medium density (46.72 acres)) (now R-7.5) and R-5 (High apartment district (9.33 acres)) (now R-0.5) generally located south and east of N.E. Shoal Creek Drive, west of Interstate 435 and north of N.E. Pleasant Valley Road, to allow for minor modifications to the plan which will allow for 140 residential units and two institutional uses. (11265-CUP-6)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved Chapter 80 preliminary development plan in Districts R-1a (One-family dwelling district – medium density (46.72 acres)) (now R-7.5) and R-5 (High apartment district (9.33 acres)) (now R-0.5) generally located south and east of N.E. Shoal Creek Drive, west of Interstate 435 and north of N.E. Pleasant Valley Road, and more specifically described as follows:

 

All that part of the Northeast Quarter of Section 21, Township 51 North, Range 32 West, in the City of Kansas City, Clay County, Missouri, more particularly described as follows: commencing at the southwest corner of the Northeast Quarter of said Section 21, thence North 00 degrees 45 minutes 07 seconds East, with the west line of said Section 21, a distance of 50.00 feet; thence South 89 degrees 44 minutes 34 seconds East, parallel with the south line of the Northeast Quarter of said Section 21, a distance of 130.00 feet to the intersection of the north right-of-way line of Pleasant Valley Road and the east right-of-way of Searcy Creek Parkway, said point being the point of beginning; thence North 00 degrees 45 minutes 07 seconds East, with the east right-of-way line of Searcy Creek Parkway, a distance of 1122.81 feet to a point of curvature; thence continuing with the east right-of-way of Searcy Creek Parkway on a curve to the left having a radius of 1357.00 feet, a central angle of 25 degrees 17 minutes 03 seconds, an arc distance of 598.83 feet to a point on the east line of the Northwest Quarter of said Section 21; thence continuing with the easterly right-of-way line of Searcy Creek Parkway on said curve to the left having a radius of 1357.00 feet, a central angle of 07 degrees 48 minutes 22 seconds, an arc distance of 184.88 feet to a point of reverse curvature; thence on a curve to the right having a radius of 60.00 feet, a central angle of 67 degrees 09 minutes 34 seconds, an arc distance of 70.33 feet to a point of reverse curvature; thence on a curve to the left having a radius of 182.00 feet, a central angle of 18 degrees 45 minutes 21 seconds, an arc distance of 59.58 feet to a point of reverse curvature; thence on a curve to the right having a radius of 60.00 feet, a central angle of 45 degrees 23 minutes 50 seconds, an arc distance of 47.54 feet to a point on the southwesterly right-of-way line of Shoal Creek Parkway; thence North 61 degrees 27 minutes 56 seconds East, with the westerly right-of-way line of Shoal Creek Parkway, a distance of 41.53 feet to a point on the west line of the Northeast Quarter of said Section 21; thence continuing North 61 degrees 27 minutes 56 seconds East, with the southwesterly right-of-way line of Shoal Creek Parkway, distance of 313.19 feet to a point on the westerly right-of-way line of Interstate 435; thence North 57 degrees 26 minutes 49 seconds East, with the westerly right-of-way line of Interstate 435, a distance of 318.12 feet; thence South 25 degrees 14 minutes 59 seconds East, continuing with the westerly right-of-way line of Interstate 435, a distance of 556.69 feet; thence South 38 degrees 37 minutes 39 seconds East, continuing with the westerly right-of-way line of Interstate 435, a distance of 428.54 feet; thence South 22 degrees 46 minutes 38 seconds East, continuing with the westerly right-of-way line of Interstate 435, a distance of 792.04 feet; thence South 20 degrees 58 minutes 06 seconds East, continuing with the westerly right-of-way line of Interstate 435, a distance of 805.30 feet to a point on the north right-of-way line of Pleasant Valley Road; thence North 89 degrees 41 minutes 06 seconds West, with the north right-of-way line of Pleasant Valley Road, a distance of 748.24 feet; thence South 00 degrees 18 minutes 54 seconds West, continuing with the north right-of-way line of Pleasant Valley Road, a distance of 50.19 feet; thence North 89 degrees 44 minutes 34 seconds West, continuing with the north right-of-way Pleasant Valley Road, and parallel with the south line of the Northeast Quarter of said Section 21, a distance of 791.39 feet to the point of beginning. The above described tract contains 2,441,743 square feet, or 56.05 acres.

 

is hereby approved, subject to the following conditions:

 

1. The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

2. The developer shall submit a new, or update a previously accepted Macro Storm Drainage Study from a Missouri licensed civil engineer to the Land Development Division for the overall development in accordance with adopted standards to address development amendments or modified conveyance systems, etc., along with providing a detailed Micro study prior to final platting or issuance of a building permit (whichever occurs first), that is in general compliance with the Macro and adopted standards, including a BMP level of service analysis, and will secure permits to construct any improvements as required by the Land Development Division.

 

3. The developer must subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, and the owner/developer
shall be responsible for all costs associated with subordination activities now and in the future.

 

4. After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

 

5. The developer must design and construct all interior public streets to City standards, as required by Chapter 88 and the Land Development Division, including curb, gutter, storm sewers, streetlights, and sidewalks.

 

6. The developer must construct temporary off-site cul-de-sacs and grant a City approved temporary cul-de-sac easement, for that portion outside of the dedicated street right-of-way, to the City as required by the Land Development Division, prior to recording the plat.

 

7. The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

8. The developer must pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

9. The developer must obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

10. The owner/developer must submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

11. The developer must secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit, whichever occurs first.

 


12. The developer must grant a BMP and/or Surface Drainage Easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

13. The developer must submit covenants, conditions and restrictions to the Land Development Division for approval 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, prior to recording the plat.

 

14. The developer shall secure permits from the appropriate agencies for the construction of a sidewalk along the south right of way of Shoal Creek Parkway from Searcy Creek Parkway on the west to the west side of the southbound on-ramp of I-435 and also along the north right of way of N.E. Pleasant Valley Road, from Searcy Creek Parkway on the west to the I-435 bridge abutment, as required by the Development Services, prior to recording the plat.

 

15. The developer shall grant a pedestrian right-of-way easement, for the portion of the public sidewalks outside of the street right-of-way, to the City as required by Development Services, prior to recording the plat.

 

16. Access restrictions shall be provided to prohibit direct vehicular access to adjacent arterial streets from all residential lots or units and the restriction shall be placed on the final plat.

 

17. The developer shall either provide 3.11 acres of private open space for park purposes or contribute $28,746.66 in lieu of parkland dedication, in compliance with Section 66-128 of the Subdivision Regulations, less any dedicated public park or approved private open space.

 

18. The developer shall 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 City Planning and Development Department staff, 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.

 

19. The developer shall extend water mains as required by the Water Services Department at the time of the submittal of the final plats.

 

20. The developer shall construct all-weather roads and provide for fire protection as required by the Fire Department prior to construction beyond footings and foundations.

 


21. The developer shall submit a project plan to the City Plan Commission for approval, including plans for landscaping (buffering), grading and signage, prior to the issuance of any building permits.

 

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 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