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Legislation #: 071163 Introduction Date: 10/25/2007
Type: Ordinance Effective Date: 12/16/2007
Sponsor: COUNCILMEMBER HERMANN
Title: Approving a Community Unit Project in District R-1a on an approximately 207.7 acre tract of land generally located at the southeast corner of N.E. 108th Street and N. Eastern Avenue. (10988-CUP-5)

Legislation History
DateMinutesDescription
10/25/2007 Filed by the Clerk's office
10/25/2007 Referred to Planning and Zoning Committee
11/19/2007 Do Pass as a Committee Substitute
11/20/2007 Assigned Third Read Calendar as Substituted
11/29/2007 Councilmember Riley Move To Hold On Docket
11/29/2007 Held on Docket (12/6/2007)
12/6/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
071163.pdf Authenticated 264K Authenticated
C010988CUP5_FACTSHT.xls Fact Sheet 67K Fact Sheet
C010988CUP5_STAFFRPT11_06_07.doc Staff Report 84K Staff Report
071141,42,44,45,51,55,56,61,62,63 Affidavit of Publication.pdf Other 67K Affidavit of Publication
Adv. 111907 No. 2.pdf Advertise Notice 10K Advertise Notice
071163 Mailing List.pdf Plan Mailing List 688K Mail List
071163 Document Maps.pdf Maps 193K Document Maps

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071163

 

Approving a Community Unit Project in District R-1a on an approximately 207.7 acre tract of land generally located at the southeast corner of N.E. 108th Street and N. Eastern Avenue. (10988-CUP-5)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project in District R-1a (One-Family Dwellings, Medium Density) on an approximately 207.7 acre tract of land generally located at the southeast corner of N.E. 108th Street and N. Eastern Avenue, and more specifically described as follows:

 

All that part of the South Half of Section 27 and that part of the Southeast Quarter of Section 28, all in Township 52, Range 32, in Kansas City, Clay County, Missouri, described as follows: Beginning at the West Quarter corner of said Section 27; thence South 89 30' 59" East, a distance of 2633.02 feet to the Center Quarter corner of said Section 27; thence South 89 30' 45" East, a distance of 660.09 feet to the Northeast corner of the West Half of the West Half of the Southeast Quarter of said Section 27; thence South 00 28' 07" West, a distance of 2625.52 feet the Southeast corner of said West Half Half Quarter Section; thence North 89 34' 34" West, a distance of 665.40 feet to the South quarter corner of said Section 27; thence North 89 17' 51" West, along the South line of the Southwest Quarter of said Section 27, a distance of 2569.31 feet to a point on the centerline of N. Eastern Avenue, as described in the General Warranty Deed filed as Document No. 2005039433, in Book 5108, at Page 170, said point being South 89 17' 51" East, a distance of 65.38 feet from the Southwest corner of said Section 27; thence North 17 31' 17" West, a distance of 1033.65 feet to a point of curve, this and the remaining courses being along said N. Eastern Avenue centerline; thence along a curve to the right, having a radius of 1250.00 feet, an arc distance of 971.12 feet to a point of tangency; thence North 26 59' 29" East, a distance of 214.39 feet to a point of curve; thence along a curve to the left, having a radius of 900.00 feet, an arc distance of 417.43 feet to a point of tangency; thence North 00 25' 02" East, a distance of 94.57 feet to the Point of Beginning.

Containing 207.68 acres, more or less. Excepting therefrom any part in public rights of way. Subject to the record plats of Kellybrook First Plat, Kellybrook Second Plat and Kellybrook Third Plat.

 

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 City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer dedicate additional right of way for secondary arterial with a bike lane as required by Development Services so as to provide a minimum of 46 feet of right of way as measured from the centerline of N. Eastern Avenue.

 

3. That the developer dedicate additional right of way for primary arterial with a bike lane as required by Development Services so as to provide a minimum of 56 feet of right of way as measured from the centerline of N.E. 108th Street.

 

4. That the developer dedicate additional right of way for bicycle lane and a northbound left turn lane plus taper on N. Eastern Avenue at N.E. 108th Street for a total of 52 feet from centerline as required by Development Services.

5. That the developer construct a northbound left turn lane of 100 foot length plus taper on N. Eastern Avenue at N.E. 108th Street as required by Development Services at the time of platting of Phase IV (school site) as shown on the development plan.

6. That the developer construct southbound left turn lanes of 100 foot length plus tapers on N. Eastern Avenue at N.E. 106th Street and the south school entrance as shown on the development plan as required by Development Services at the time of platting of Phase IV (school site) as shown on the development plan, unless two standard southbound lanes on N. Eastern Avenue from N.E. 108th Street to N.E. 106th Street plus return south of N.E. 106th Street as required by Development Services exist at the time of such platting.

7. That N.E. 106th Street between N. Eastern Avenue and the east line of the school phase as shown on the development plan be constructed as required by Development Services with the school phase or Phase V, whichever first occurs.

8. That the developer construct the intersection of N.E. 108th Street and N. Eastern Avenue so as to provide 100 foot long eastbound right and westbound left turn lanes on N.E. 108th Street and a 175 foot long northbound right turn lane on N. Eastern Avenue with appropriate tapers at the time of platting of Phase IV (school site) as shown on the development plan, as required by Development Services.

9. That the developer enter into a Cooperative Agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute an amount not to exceed one-half of the cost of the installation of a traffic signal at the intersection of N.E. 108th Street and N. Eastern Avenue at such time as the Department of Public Works determines it is necessary.

 

10. That the developer update 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 next plat and make necessary improvements as required by Development Services.

 

11. 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.

 

12. That the developer secure permits for the sidewalks within the development at the time street improvement permits are secured. Sidewalks shall be installed per the sidewalk installation plan reviewed and accepted by Development Services.

 

13. 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.

 

14. 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.

 

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

 

16. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

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

 

18. That the developer extend water mains and grant exclusive easements as required by the Water Services Department.

 

19. 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.

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

 

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

 

22. 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.

 

23. That adequate sight distance be provided for each street connection to Eastern Avenue and the school drive connections to Eastern Avenue and 108th Street as required by Development Services.

 

24. That the developer provide access restrictions to prohibit direct vehicular access to Eastern Avenue and 108th Street from all residential lots or units and that the restriction be placed on the final plat.

 

25. That the developer grant a Surface Drainage Easement to the City as required by Development Services.

 

26. That the developer submit covenants, conditions and restrictions to Development Services for review by 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 tracts.

 

27. That the developer submit a street tree planting plan prior to or concurrent with each residential 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.

 

28. That the developer install street trees in Kellybrook First, Second and Third Plats in front of each structure for which a certificate of occupancy has been issued as required by the City Forester, prior to City Plan Commission consideration of any further residential final plats.

 

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 the school site and any other necessary variances.

 

31. That the developer submit a final plan for the school site and private open space and landscaping tracts to the City Plan Commission for approval, including detailed information on landscaping (including existing trees, and canopy shade trees an average of 50 feet on center along street frontages), 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 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 Sherahan Moran

Assistant City Attorney