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