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Legislation #: 051046 Introduction Date: 8/25/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a Community Unit Project plan in District R-2b on a 2 acre tract of land located on the east side of Montgall Avenue at 50th Street and on the west side of Chestnut Avenue between 50th and 51st Street. (13370-CUP)

Legislation History
DateMinutesDescription
8/24/2005 Filed by the Clerk's office
8/25/2005 Referred to Planning, Zoning & Economic Development Committee
9/14/2005 Hold On Agenda (9/28/2005)
9/28/2005 Advance and Do Pass, Debate
9/29/2005 Passed

View Attachments
FileTypeSizeDescription
051046.pdf Authenticated 176K Authenticated
C013370CUP_STAFFRPT06_07_05.doc Staff Report 53K Staff Report
C013370CUP_Fact Sheet General.doc Fact Sheet 52K Fact Sheet

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ORDINANCE NO. 051046

 

Approving a Community Unit Project plan in District R-2b on a 2 acre tract of land located on the east side of Montgall Avenue at 50th Street and on the west side of Chestnut Avenue between 50th and 51st Street. (13370-CUP)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project plan in District R-2b (Two-Family Dwellings) on a 2 acre tract of land located on the east side of Montgall Avenue at 50th Street and on the west side of Chestnut Avenue between 50th and 51st Street, and more specifically described as follows:

 

Site A: SW1/4 SW of Section 27, T49N, R33W, and in Lots 17, 18, 19, 20, 21, 22, 23, and 24 of Elm Heights Subdivision, Kansas City, Jackson County Missouri, described as follow: Beginning at the southeast corner of Lot 24, Elm Heights subdivision, said point is also a point on the west right of way line of Chestnut Avenue and the north right of way line of 51st Street; thence North 86 degrees 32 54.51 West, along the south line of said lot, a distance of 75.08 to a point; thence North 04 degrees, 12 35.46 West a distance of 605.48 to a point on the southerly right of way line of 50th Street; thence South 87 degrees 23 29.96 East, along said south right of way line, a distance of 143.91 to appoint said point is also a point on the west right of w ay line of Chestnut Avenue; thence south 02 degrees, 19 05.87 West a distance of 602.31 feet to the point of beginning; containing 65,867 square feet, more or less, of land.

 

Site B: All rights, title and interest in a tracts of land located in Lots 88 through 95, Lebanon Subdivision, Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the northwest corner of Lot 95, said point is also a point on the east line of Montgall Avenue; thence South 87 degrees, 10 56.10 East, along the north line of said Lot 95, a distanced of 139.41 feet to a point of the northeast corner of said Lot 95; thence South 02 degrees, 19 02.93 West, along the east line of Lots 95, 94, 93, 92, 91, 90, 89, 88, a distance of 280.00 to appoint on the southeast corner of Lot 88; thence North 28 degrees, 55 20.64 West, crossing Lots 88, 89, 90, 91, 92, and 93, a distance of 246.00 to a point on the on the north line of Lot 93; thence North 13 degrees, 30 25.12 West, crossing Lot 94, a distanced of 35.70 to a point on the northwest corner of Lot 94; thence north 00 degrees, 19 44.33 West, along the west line of Lot 95, a distance of 35.96 feet to the point of beginning; containing 22,951 square feet, more or less, of land.

 


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

 

2. That the developer dedicate additional right of way for a local street as required by Development Services so as to provide a minimum of 25 feet of right of way as measured from the centerline of Chestnut Avenue.

 

3. That the developer dedicate additional right of way for a local street as required by Development Services so as to provide a minimum of 50 feet of right of way as measured for 50th/Montgall Street.

 

4. That the developer improve the western one-half of Chestnut Avenue to local street standards as required by Development Services, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

5. That the developer submit a macro/micro storm drainage study to Development Services for approval for the entire development when the first plat is submitted, and that the developer construct any improvements as required by Development Services.

 

6. 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.

 

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

 

8. That the developer obtain a land disturbance permit from Development Services prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

9. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by Development Services, prior to recording the plat.

 

10. That the developer contribute $3,317.22 in lieu of parkland dedication for 15 units (15 units 3.7 .006 $9,961.61 (year 2005) = $3,317.22) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

11. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), and building elevations.

 

12. 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 agree to plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

 

13. That the 3:1 depth to width ratio per Section 66-124 of the Subdivision

Regulations be waived for Lots 1 through 6.

 

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

 

15. 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.

 

16. That the developer submit covenants, conditions and restrictions to 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.

 

17. That the developer include a fair disclosure statement with any real estate transaction on any Lots 1 9, exposed to noise levels of 65 decibels or more.

 

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 Sheahan Moran

Assistant City Attorney