ࡱ> %` |bjbjNN i,,]tfxxxx$x2x2x2P2d,3Nt 44444565656sssssss$&vhxrsI6"56IIsxx449tMMMIx844sMIsMMjko44 0fPx2JB5nL1qt0NtnHyKyoyoh56<MgA#E565656ssNMj565656NtIIII$ (1 1xxxxxx COMMUNITY PROJECT/ZONING Ordinance Fact Sheet Ordinance Number Case Nos. a) Case No. 405-S-40, b) Case No. 11265-P-1 & c) Case No. 11265-CUP-2 Brief Title Approval Deadline Reason To consider; a) amending the Shoal Creek Valley Area Plan, b) rezoning from Districts CP-2 (Local planned business center district) and RA (Agricultural district) to District R-1a (One-family dwelling district medium density (46.72 acres)) and District R-5 (High apartment district (9.33 acres)), and c) approval of a Community Unit Project for 140 single family residential units (R-1a zone) and a temple and chapel (R-5 zone). Details Positions / Recommendations Specific Address About 56 acres, generally located south of NE Shoal Creek Drive, east of Searcy Creek Parkway, west of Interstate 435 and north of NEPleasant Valley Road SponsorTom Coyle, AICP, Director City Development Department Reason for Project The approval of a plan for 140 single family residential units (R-1a zone) and a temple and chapel (R-5 zone). Programs, Departments, or Groups AffectedCouncil District(s): 1st (Hermann, Skaggs) Other districts: North Kansas City School DistrictREPORT: Existing Conditions: The site is vacant of structural improvements. The site is generally gently rolling with a high point elevation of about 875 towards the north side of the site along I-435 to a low point of about 800 at the southeast corner. There are some scattered trees and shrubs along fence lines, especially along I-435. There is also a stand of trees along the low area at the southeast portion of the site, generally across from the new Shoal Creek Patrol Station. A site visit did not reveal any ponds. But for isolated stands of trees and shrubs, the site is open with grasses. Roads Interstate 435 borders the site on the east and has a six lane cross section. There is a full diamond interchange at I-435 and Shoal Creek Parkway. There is an overpass at I-435 and NE Pleasant Valley Road. North Shoal Creek Parkway from Searcy Creek Parkway to I-435 was recently constructed to parkway standards with a four lane divided cross section. There are no sidewalks on either the north or south sides of this road. Applicants/ ProponentsSuburban Land Reserve, rep. by Brett Haugland, Continental Consulting Engineers, Inc., 9000 State Line Road, Leawood, KS 66206 Opponents Groups or individuals Basis of Opposition: None known Staff Recommendation  FORMCHECKBOX  For, with conditions  FORMCHECKBOX  Against Reason Against: Board or Commission RecommendationBy: City Plan Commission, 06/02/09, 7-0, Voting Aye: Archie, Cook, Asjes, Myers, Graf, Macy & Abend. Voting Nay: None. Absent: Krum  FORMCHECKBOX  Approval  FORMCHECKBOX  Approval, with conditions  FORMCHECKBOX  DenialCouncil Committee Actions FORMCHECKBOX  Do pass  FORMCHECKBOX  Do pass (as amended)  FORMCHECKBOX  Committee Sub.  FORMCHECKBOX  Without Recommendation  FORMCHECKBOX  Hold  FORMCHECKBOX  Do not pass  Discussion Policy / Program Impact Searcy Creek Parkway from NE Pleasant Valley Road to N Shoal Creek Parkway was recently constructed to parkway standards with a four lane divided cross section. The cross section includes a walkway on the east and a 10 foot wide bicycle trail on the west along with curb gutter, and street lights. It is presumed that the 10 foot wide bicycle trail was constructed along the roadway as a Bicycle trail instead of within the roadway as a Bicycle route as required by the Bicycle Plan. Parks and Recreation staff state that no additional right of way is needed on Searcy Creek Parkway Northeast Pleasant Valley Road from Searcy Creek Parkway to I-435 is a three lane (with turn lanes) and two lane divided roadway and was recently constructed. The road has street lights on the south and a walkway on the south which extends the entire length to I-435. There are no street lights or walks on the north side which includes the subject site. Proposal: The applications request the approval to construct a temple, chapel and 140 single family residential units on 56 acres. Comparison of process to the new Development Code: The rezoning case would go to city staff, City Plan Commission and City Council (Section 88-510). The 56 acre area would qualify for a Major Site Plan Review with the City Plan Commission being the final decision authority (Section 88-530). How will this contribute to a sustainable Kansas City? Allows for the construction of a tract with an existing roadway structure and watermains. Policy or Program Change  FORMCHECKBOX  No  FORMCHECKBOX  YesOperational Impact Assessment  FinancesCost & Revenue Projections Including Indirect Costs Financial Impact Fund Source and Appropriation Account Costs Is it good for the children  FORMCHECKBOX  Yes  FORMCHECKBOX  No Project Start Date Plan filed: April 17, 2009 CPC date: June 2, 2009 Plan Re-submitted: July 2, 2009 Project Completion or Occupancy Date Fact Sheet Prepared by: Date: July 2, 2009 John Eckardt Planner Reviewed by: Date: July 2, 2009 Virginia L. Walsh, Manager Development Management Division Reference or Case Numbers: Case Nos. 405-S-40, 11265-P-1 & 11265-CUP-2 To accomplish this, the applicant has requested: 1) to amend the Shoal Creek Valley Area Plan by changing the proposed land use from retail to residential (405-S-40), 2) rezone the 56 acres from Districts CP-2 (Local planned business center district) and RA (Agricultural district) to District R-1a (One-family dwelling district medium density (46.72 acres)) and District R-5 (High apartment district (9.33 acres) (Case No. 11265-P-1) and lastly, 3) approve a Community Unit Project (CUP) plan in District R-1a (One-family dwelling district medium density (46.72 acres)) and District R-5 (High apartment district (9.33 acres)) for 140 single family residential units (R-1a zone) and a temple and chapel (R-5 zone). The project will have four phases: Central phase, North phase, SW phase and SE phase. The first phase is likely to be the Central phase. The Central phase includes 27.25 acres, and includes all of the proposed R-5 area along with a portion of the proposed R-1a area. The Central phase will include the temple, chapel, 41 single family residential units and about 5 acres of private open space. The temple and chapel primary access will be from Searcy Creek Parkway. The temple will be set back about 130 feet from the east right of way line. The chapel will be southeast of the temple. There will be parking for both uses to the east of the temple and to the north of the chapel. The temple/chapel/parking area within Zone R-5 is bordered by proposed public streets; NE 70th Terrace, NE 70th Street and N Ewing Avenue. Surrounding the R-5 zone is mostly larger lot single family residential lots with most widths of between 75 and 80 feet. Moving south of the temple site within the Central phase and also along N Ewing Avenue is medium density single family residential within larger lots. In this location, several detached single family homes are to be built within a single large lot. To the east of the single family lot is a strong drainageway where storm water flows from NW to SE. The North phase generally includes the north 500 feet of the development, bordering on Searcy Creek Parkway, N Shoal Creek Parkway and I-435. The North phase will include 39 single family lots within four lots and will also include some private open space, not to be used for park purposes. The northwest portion, just outside the boundary was at one time property owned by the developer, but was deeded to the city for the construction of Searcy Creek Parkway. Access to the North phase will be from N Shoal Creek Parkway from the north and from N Ewing Avenue on the south. The SW phase is that portion located at the northeast corner of NE Pleasant Valley Road and Searcy Creek Parkway. This phase extends west of proposed N Ewing Avenue and includes two proposed cul de sacs with 19 single family homes on large lots. The lots are generally over 80 feet wide. The SE phase is that portion located at the southeast corner of the project and includes 41 single family homes within three lots, allowing for slightly higher density. This phase also includes some private open space which is not likely to be used for park purposes. Access to the project will be provided by four roads. A single road access will from NE Pleasant Valley Road on the south. There will be two roadway access points on Searcy Creek Parkway both north and south of the proposed temple. The fourth roadway access will be from the north from N Shoal Creek Parkway. Interstate 435 is on the east side of the site. The project has no access to I-435. Land Use Plan Amendment: The first case of this proposal is a land use plan amendment to the Shoal Creek Valley Area Plan (SCVAP). The amendment area deals with a 15 acre area at the southwest corner of Shoal Creek Parkway and I-435. This 15 acre area was rezoned to District CP-2 (Local Planned Business Center) in 1992 for a retail development. The Shoal Creek Valley Area Plan therefore shows this 15 acre area as Retail. The retail development was never constructed. The proposed subject rezoning now has single family residential uses and the religious institutional uses of a temple and chapel. Both of these uses are identified as Residential in the Citys area plans. This requested change to the SCVAP is therefore to change the proposed land use of the 15 acre area from Retail to Residential. City staff supports this change. Private Open Space: According to Section 66-128 of the Subdivision Regulations, an applicant with residential development may either, dedicate land to the city for park purposes, provide cash in lieu of land dedication or provide private recreational open space, to satisfy the need for park usage created by the residential component. In this case, the developer has chosen to provide private recreational open space. The required amount of area dedication is as follows: * 140 SF lots x 3.7 persons/lot x 0.006 acres/person = 3.11 acres To satisfy this requirement, the plan shows that the private open space contained in the Central phase is 4.20 acres. The Central phase open space is located south of the R-5 temple site between N Ewing Avenue and NE 70th Street. Not all of the 4.20 acres of private open space can or will be used however for park purposes. The plan shows that most of the 4.20 acres will be used for low area dry bottom detention areas, which in staffs opinion does not serve as a parklike use. It has been the policy of the city to only recommend areas which actually can be used for park purposes to be counted as private open space, for park purposes. This 4.20 acre area also contains a wet bottom pond and an interconnecting walkway system. The walkway system ties into a proposed road sidewalk on NE Pleasant Valley Road and other street sidewalks within the project. It is staffs position that not all of the 4.20 acres of open space should be used for the required 3.11 acres of open space for park purposes but that some of the area does qualify. Staff does not doubt that there is adequate space in the project of open space which would satisfy the 3.11 acre requirement, but the plan at this time does not provide enough information to come to that conclusion. The plan should be revised to include exactly what portion of the private open space is to be used for park purposes and include additional park amenities such as gazebos, park benches, play areas, etc. to justify the park purpose requirement. Sidewalk on Roads: As reported above, most of the abutting roadways, N Shoal Creek Parkway, Searcy Creek Parkway and NE Pleasant Valley Road, have either been improved by the Parks and Recreation Department or by the City with the Shoal Creek Police Station. Two abutting stretches however which have not been improved with either sidewalks or streetlights are: the south side of N Shoal Creek Parkway from Searcy Creek Parkway to I-435 and the north side of NE Pleasant Valley Road from Searcy Creek Parkway to I-435. City staff will request that this developer provide roadway improvements, including sidewalks for these two areas. According to MODOT staff, both I-435 bridges can be accommodated to support pedestrian traffic and MODOT supports the requirement of walks being constructed up to these bridges. MODOT staff has stated that on N Shoal Creek Parkway, that a sidewalk be constructed on the south right of way to the west side of the southbound on-ramp. On NE Pleasant Valley Road, MODOT staff has stated that they prefer that a walkway be constructed on the north right of way to the bridge abutment. Interstate 435 Roadway Noise Based upon requirements from the Federal Government through the State of Missouri, cities have a requirement to keep residential units and living areas away from state and interstate roadway noise created by traffic on these highways. It has been interpreted by the State that residential units must be located outside of the 65 decibel noise level from the road. Based upon both a highway noise study provided by MODOT at the time I-435 was constructed and an individual noise study provided to the applicant by Brian F. Kubicki of the Acoustical Design Group, Inc., the 65 decibel dB noise line is about 300 feet west of the west ROW line of I-435, and the 70 decibel dB noise line is about 110 feet west of the west ROW line of I-435. The plan shows that at least one of the single family homes backing onto I-435 will be about 90 feet west of the west ROW line of I-435. Therefore nearly all of the proposed homes (about 41 homes) abutting I-435 will be impacted and within the existing 65 dB noise line. To reduce the impact of noise from the highway, the applicant is proposing to install a berm and sound wall which the study concludes will reduce the amount of decibels by a factor of 5. Therefore the existing 70 dB line will become the 65 dB line. If this is the case, nearly all of the homes will comply with the state noise requirement. City staff however believes that all, not most of the homes should be outside of this noise impacted area. Staff therefore recommends that a note be placed on the plan that guarantees that all liveable areas will be outside of the 65 dB noise contour. 50 Buffer Strip on Lots Backing onto a Roadway: According to Section 66-122 (1) of the Subdivision Regulations, Buffer strips. Wherever the proposed subdivision contains or is adjacent to a railroad right of way or limited access highway, or where lots back onto a public street, the subdivi9sion shall provide the following treatment: (1) In residential districts a buffer strip at least 50 feet in depth shall be provided in addition to the normal lot depth required. The strip shall be a part of the platted lots and shall have the following restriction lettered on the face of the plat: This strip reserved for the planting of trees or shrubs by the owner or developer; the building of structures hereon is prohibited. The purpose of this requirement is to reduce the impact of road activity on residential lots which back onto public roads. The typical minimum required lot length is 110 feet. The above required buffer strip adds 50 feet to this distance, therefore the minimum length of lots which back onto a public street is 160 feet. This plan has residential lots which back onto NE Pleasant Valley Road, N Shoal Creek Parkway and I-435. The lots on NE Pleasant Valley Road are between 153 and 164 feet long. The lot on N Shoal Creek Parkway is about 110 feet long. The lots backing onto I-435 are between 110 feet and 130 feet. City staff believes that this site has mitigating circumstances which support a waiver of this 50 foot easement requirement. On I-435, there is already a wide right of way area between the I-435 roadway and the ROW line which serves as the buffer. In addition, the applicant is creating a sound reducing berm and wall which reduces the highway impact. Staff however recommends that for the SF lots east of NE 70th Terrace and along I-435, that a 30 foot wide landscape tract be shown and platted between the lot and the I-435 right of way. This tract will be commonly owned by the association which will not allow individual construction of play equipment or storage sheds. When this 30 foot tract is dedicated however, some lots may be reduced to below the 110 foot minimum length as required by Section 66-124(b)(2) of the Subdivision Regulations. Therefore, City staff would also recommend that a waiver to this section be granted. City staff also recommends that a 30 foot wide tract be added to the lots backing onto NE Pleasant Valley Road. Traffic Study: The applicant provided a traffic study associated with this project to the city for review. City staff from the Streets and Traffic Division of Public Works state that based upon the traffic expected to the generated by this development and the existing improvements to the area, that there are no roadway improvements requested. Analysis: The proposed use is a temple, chapel and 140 single family detached residential units. This development will be on a 56 acre tract bordered on all four sides by two nearly completed parkways, a nearly completed primary arterial road and an interstate. City staff supports the proposed use and nearly all of the design, and has come to agreement with the developer on the slight modifications to those areas where in staffs opinion, that the plan is lacking. Condition No. 1 in Case No. 11265-CUP-2 below identifies all of the suggestions made by staff to enhance the plan in regards to several categories, including: sidewalks, noise abatement, park use and lot depths. Recommendation: At its regularly scheduled meeting on June 2, 2009, the City Plan Commission acted in the following manner: a) Case No. 405-S-33: Approval with no conditions. b) Case No. 11265-P-1: Approval with no conditions. c) Case No. 11265-CUP-2: Approval with the following conditions: 1. That the plan be revised in the following manner and that six (6) copies of the revised plan be submitted to the City Planning and Development Department prior to an ordinance request being submitted to the City Clerks Office: a. Show and label existing conditions including width of all R/W's, roadways, etc. Show and label center lines. b. Show, label, and dimension all proposed R/W's and easements. Show and label center lines. Distinguish public versus private utilities on the plan. (See 66-43 (d) (11)) c. Show and label sidewalks, curbs, and gutters as they exist adjacent to project frontage, and correctly within the R/W. Show and label proposed sidewalks, curbs, and gutters. Show and label sidewalks, curbs, and gutters that need to be repaired or reconstructed. d. Show all required off-site easements for utilities, grading, and/or street improvements that are to be obtained by the Developer. (See 66-43 (d) (11)). e. Show all trees to be removed for utilities, grading, and/or street improvements by denoting the area with a label of "TREES TO BE REMOVED." Tree removal may be shown as individual trees for linear construction or by the acre for large areas of site disturbance. f. Show all individual or areas of trees to be preserved within the limits of the plan area by denoting the area with a label of "TREES TO REMAIN." g. Depict concept for storm water management for the development project including detention, BMP's, volume controls, or treatment areas, as appropriate. Include approximate size, required grading, etc. demonstrating that the project can be feasibly designed in accordance with the adopted standards and supplements. Off-site systems (natural, proposed, or existing) should be shown for purposes of conveying conceptually how systems will be connected, and 100-year conveyance paths. Identify the private and public portions of the storm water management system. h. Provide a preliminary stream buffer plan prepared in accordance with the Chapter 65 requirements. i. Show and label the stream buffer zones, in accordance with the Chapter 65 requirements, on the development site plan. j. Depict existing right-of-ways to be vacated. k. Depict typical sections for all adjacent and interior streets showing elements of standard street section improvement, including sidewalks, curb and gutters, pavement widths, street grades, etc. in relation to proposed r/w widths. Label the parties responsible for construction. l. Show required dedications and improvements proposed with each phase of development. m. Show any P.O.S. medians areas, storm water detention, stream buffer P.O.S., public BMP's, islands, or monumentation Tracts labeled A, B, C, etc., along with their intended purpose. n. Show any private BMP's used as storm water management features as easements labeled BMP easement, stream buffer easement, surface drainage easement, or other intended purpose. BMP, stream buffer, and surface drainage easements require stand alone easement documents. o. Place lots 1 and 2 in the R-5 zoning area within one lot. p. Number all lots. q. Identify the area which was recently dedicated to the City for the construction of N Shoal Creek Parkway and Searcy Creek Parkway. r. Show all right of way to be vacated by the plat. s. Show the addition of a walkway on the south side of N Shoal Creek Parkway from Searcy Creek Parkway to the southbound on-ramp of I-435 as required by the Parks and Recreation Department and MODOT. t. Show the addition of a walkway on the north side of NE Pleasant Valley Road from Searcy Creek Parkway to the bridge abutment of I-435 as required by Development Services and MODOT. u. Show a 30 foot wide landscaping tract on the backs of the lots at the northeast corner of NE Pleasant Valley Road and Searcy Creek Parkway which are north of NE Pleasant Valley Road. v. Show a 30 foot wide landscaping tract on the backs of the four lots which back onto I-435, located just east of NE 70th Terrace. w. Show road entries as right in, right out only where applicable. x. Clearly identify the 3.11 acres of private open space for park purposes within the Central phase as agreed upon by city staff and clearly show any added amenities such as gazebos, benches, play areas, ponds, etc. y. Add proposed future parking at the east end of Lot 1 in the R-5 zone. z. Revise page 1 of the April 16, 2009 Noise Analysis to state that the purpose of the review is to make a recommendation to keep residential structures and activities out of the 65 dB noise contour, not to reduce the 70 dB Noise Line by 5 dB. aa. Add a note to the plan by a Combination of berms and sound walls the noise will be reduced so that all livable areas will be below the 65 dB noise line. bb. Show that the cross sections will have a proposed 65 dB whereby all livable areas will be below the 65 dB noise line. cc. Show all existing and proposed fire hydrants. dd. Modify the Land Usage and Logistics table so that it clearly identifies that the density of the zones is not exceeded. ee. Show a detail of the sound wall. 2. That the developer shall cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations. 3. That the developer submits a Macro/Micro storm drainage study to Development Services for review and acceptance for the entire development when the first plat is submitted, and that the developer construct any improvements as required by Development Services. 4. That the developer dedicate additional right of way for N. Shoal Creek Parkway and Searcy Creek Parkway as required by Department of Parks and Recreation so as to provide right of way as shown on the approved development plan. 5. That the developer shall 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 now and in the future. 6. That 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 within the planned boundary without the prior written consent of Development Services. 7. That temporary off-site cul-de-sacs be constructed as required by Development Services. 8. 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. 9. 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, prior to recording the plat. 10. That the developer shall 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, prior to recording the plat. 11. That the developer shall secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat. 12. That the developer shall secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat. 13. That adequate sight distance be provided for each street connection to NE Pleasant Valley Road, Searcy Creek Parkway, N. Shoal Creek Parkway as required by Development Services. 14. That the developer grant a Surface Drainage Easement to the City as required by Development Services, on the final plat. 15. That the developer grant a BMP Easement to the City, as required by Development Services, on the final plat. 16. That the developer submit a final stream buffer plan, prepared in accordance with Chapter 65, for review and acceptance by Development Services, with the final plat application. 17. That the final stream buffer zones be shown and labeled on the final plat within a private open space stream buffer tract. 18. That the developer submit covenants, conditions and restrictions to Development Services for review by the Law Department for approval and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat. 19. That 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 NE 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. 20. That the developer 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. 21. That access restrictions be provided to prohibit direct vehicular access to adjacent arterial streets from all residential lots or units and that the restriction be placed on the final plat. 22. That the developer obtain a floodplain certificate from Development Services if any grading is to occur within a floodplain. 23. That the developer either provide 3.11 acres of private open space for park purposes or contribute $28,746.66 money 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. 24. That the developer 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 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. 25. That a waiver to Section 66-122(C)(1) of the Subdivision Regulations is hereby granted. 26. That a waiver to Section 66-124(b)(2) of the Subdivision Regulations is hereby granted. 27. That the developer provide approved noise levels for the 65 dB noise contour on all final plats which have frontage on Interstate 435 and include language on the final plats that no residential uses will be allowed within these noise contours. 28. That the developer extend water mains as required by the Water Services Department at the time of the submittal of the final plats. 29. That the developer construct all-weather roads and provide for fire protection as required by the Fire Department prior to construction beyond footings and foundations. 30. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping (buffering), grading and signage, prior to the issuance of any building permits. 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