COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 220639
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Approving a MPD Final Plan in District MPD for Woodhaven, First Plat, on about 19.44 acres generally located at 3201 N.W. 100th Street containing 80 single family residential lots. (CD-CPC-2022-00066)
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WHEREAS, on April 14, 2022, the City Council, with passage of Committee Substitute for Ordinance No. 220269, approved the rezoning of about 152 acres generally located on the south side of N.W. 100th Street between Green Hills Road to the west and N. Platte Purchase Drive to the east from Districts AG-R and R-7.5 to District MPD (Master Planned Development), and approved a preliminary development plan to create 468 residential units and other amenities; and
WHEREAS, Ashlar Homes, LLC, subsequently filed an application for approval of a final MPD development plan for Woodhaven First Plat; and
WHEREAS, on June 7, 2022, the City Plan Commission denied approval of the final MPD development plan; and
WHEREAS, Section 88-520-04-D.2 provides that in the event the CPC does not approve a final MPD development plan, the property owner may appeal the decision to the City Council within 60 days; and
WHEREAS, on June 8, 2022, Ashlar Homes submitted a letter to the City stating it wished to appeal the CPC’s decision to the City Council; and
WHEREAS, Section 88-520-04-D.2 provides that in the event an appeal is filed, a public hearing must be scheduled with such notice as is required for the MPD rezoning and preliminary development plan approval; and
WHEREAS, with passage of Resolution 220611, the City Council designated the Neighborhood, Planning and Development Committee as the body that will hold the hearing; and
WHEREAS, the Neighborhood, Planning and Development Committee does hereby recommend to the City Council that the final MPD development plan for Woodhaven First Plan be approved; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That a MPD Final Plan in District MPD for Woodhaven, First Plat, on about 19.44 acres generally located at 3201 N.W. 100th Street and more specifically described as follows:
A portion of the Southeast Quarter of the Southwest Quarter of Section 33, Township 52 North, Range 33 West, and a portion of the fractional Northwest quarter of Section 4, Township 51 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, described as follows: Beginning at the southeast corner the Southwest Quarter of said Section 33; thence, along the south line of the Southwest Quarter of said Section 33, South 89°59’03” West, 220.00 feet to the true point of beginning; thence, South 32°24’42” West, 645.16 feet to the beginning of a tangent curve to the left; thence, southwesterly along the arc of last said curve, having a radius of 874.00 feet, through a central angle of 07°25’58”, an arc distance of 113.38 feet; thence, South 89°59’03” West, 776.39 feet to the beginning of a tangent curve to the right; thence, northwesterly along the arc of last said curve, having a radius of 610.00 feet, through a central angle of 44°43’41”, an arc distance of 476.20 feet; thence, North 44°42’45” East, 130.00 feet to the beginning of a non-tangent curve, concave northeasterly, whose center bears North 44°42’45” East, 480.00 feet; thence, northwesterly along the arc of last said curve, having a radius of 480.00 feet, through a central angle of 07°45’59”, an arc distance of 65.06 feet; thence, North 52°28’43” East, 179.18 feet; thence, North 22°06’38” West, 79.94 feet to the beginning of a tangent curve to the right; thence, northwesterly along the arc of last said curve, having a radius of 290.00 feet, through a central angle of 11°32’07”, an arc distance of 58.39 feet; thence, North 88°51’31” East, 125.16 feet; thence, North 01°11’12” West, 39.67 feet; thence, North 88°48’48” East, 50.00 feet; thence, North 89°59’03” East, 885.75 feet; thence, North 34°46’48” East, 135.09 feet; thence, North 32°24’42” East, 135.00 feet; thence, North 57°22’05” West, 0.23 feet; thence, North 32°37’55” East, 60.00 feet; thence, North 32°24’42” East, 66.08 feet; thence, South 57°35’18” East, 165.00 feet; thence, south 32°24’42” West, 1.71 feet; thence, South 57°35’18” East, 145.00 feet; thence, South 32°24’42” West, 141.81 feet to the true point of beginning, Prepared by Anne M. Smoke, Missouri PLS 2016019010, on May 3, 2022. Contains 19.44 acres, more or less.
is hereby approved, subject to the following conditions:
1. That Committee Substitute for Ordinance No. 220269, including all conditions provided therein, shall remain in full force and effect.
2. Public improvements (utility extensions and streets) in tracts ad/rights-of-way shall be constructed/completed prior to recording the final plat.
3. The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that street trees have been installed in accordance with the approved street tree planting plan and are healthy prior to a certificate of occupancy.
4. The project shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
5. Fire hydrant distribution shall follow IFC-2018 Table C102.1.
6. Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC-2018 § 501.4 and 3312.1; NFPA -2013 § 8.7.2)
7. Required Fire Department access roads are an all-weather surface. (IFC-2012: § 503.2.3).
8. Fire Department access roads shall be provided prior to construction/ demolition projects begin. (IFC-2018 § 501.4 and 3310.1; NFPA 241-2013 § 7.5.5)
9. Required Fire Department access roads are designed to support a fire apparatus with a gross axle weight of 85,000 pounds. (IFC-2018: § 503.2.3)
10. Dead end Fire Department access road(s) in excess of 150 feet shall be provided with an approved turn around feature (i.e., cul-de-sac, hammerhead). Dead-end streets in excess of 150 feet in length resulting from a “phased” project shall provide an approved temporary turn around feature (i.e., cul-de-sac, hammerhead). (IFC-2018: § 503.2.5)
Section B. That the Council finds and declares that before taking any action on the final plan hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and had.
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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.
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Secretary, City Plan Commission
Approved as to form and legality:
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Sarah Baxter
Senior Associate City Attorney