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Legislation #: 050952 Introduction Date: 8/4/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved community unit project plan in District R-3 on approximately 49.06 acres generally located on the east side of N. Flintlock Road and on the north and south sides of N.E. 79th Street. (11661-CUP-13).

Legislation History
DateMinutesDescription
8/3/2005 Filed by the Clerk's office
8/4/2005 Referred to Planning, Zoning & Economic Development Committee
8/24/2005 Advance and Do Pass, Debate
8/25/2005 Passed

View Attachments
FileTypeSizeDescription
050952.pdf Authenticated 182K Authenticated
No File Advertise Notice 0K Mailed 08/08/05
C011661cup13_FScontONword_06_28_2005.doc Fact Sheet 56K Fact Sheet continued on Word
fs11661CUP13.xls Fact Sheet 73K Fact Sheet on Excel
11661cup13_06_21_2005.doc Staff Report 543K staff report 11661-CUP-13

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ORDINANCE NO. 050952

 

Approving an amendment to a previously approved community unit project plan in District R-3 on approximately 49.06 acres generally located on the east side of N. Flintlock Road and on the north and south sides of N.E. 79th Street. (11661-CUP-13).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District R-3 (Low Density, Low Apartments) on approximately 49.06 acres generally located on the east side of N. Flintlock Road and on the north and south sides of N.E. 79th Street, and more specifically described as follows:

 

A tract of land in the Northwest Quarter of Section 14, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded described as follows: Commencing at the northwest corner of said Northwest Quarter; thence South 8920'09" East along the north line of said Northwest Quarter, 1306.18 feet; thence South 0110'55" West, 1385.13 feet to the true point of beginning; thence South 8922'15" East, 1188.38 feet; thence North 2803'41" East, 409.61 feet; thence North 6156'19" West, 65.43 feet; thence along a curve to the right, having a radius of 380.00 feet, an arc length of 143.18 to a point of tangency; thence North 4020'58" West, 131.06 feet; thence along a curve to the left, having a radius of 320.00 feet, an arc length of 85.19 to a point of tangency; thence North 5536'07" West, 229.59 feet; thence along a curve to the left, having a radius of 820.00 feet, an arc length of 384.28 to a point of reverse curvature; thence along a curve to the right, having a radius of 479.44, an arc length of 336.11 to a point of tangency; thence North 4220'03" West, 24.20 feet; thence along a curve to the left, having a radius of 470.00 feet, an arc length of 36.44 feet to a point of compound curvature; thence along a curve to the left, having an initial tangent bearing of North 5748'18" West, a radius of 25.00 feet, an arc distance of 41.01 feet to a point of compound curvature; thence along a curve to the left, having a radius of 1232.00 feet, an arc length of 457.49 feet; thence South 0110'59" West, 644.90 feet to the true point of beginning; and that part of land platted as Lots 1 and 2, Wildoak Subdivision, containing 49.03 acres more or less

 

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

 

2.                       That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by the City Development Department, and that the developer be responsible for all costs associated with subordination activities.

 

3.                       That the developer submit new or update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for approval prior to approval of the next plat and make necessary improvements as required by the City Engineer's Office.

 

4.                  That the developer submit plans for grading and siltation and erosion control to the City Development Department, Development Services Division, for approval prior to beginning any construction activities.

 

5.                  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.

 

6.                  That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

 

7.                  That the developer secure a land disturbance permit from the City Development Department prior to beginning any construction, grading, clearing, or grubbing activities.

 

8.                  That the developer dedicate additional right-of-way for N. Flintlock Road, a secondary arterial within the Shoal Creek Tax Increment Financing Plan, including a bike path, so as to provide a total of 56 feet of right-of-way as measured from the centerline of N. Flintlock Road.

 

9.                  That the developer improve the southern one-half of N.E. 79th Street to collector street standards, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

10.              That the developer contribute money in-lieu-of parkland dedication for 324 multi-family units in satisfaction of Section 66-128 of the Subdivision Regulations at a rate of $9,961.61 per acre (2004 rate, based upon average cost per acre of parkland for five years preceding), with balance to be determined after private open space tracts are credited and prior to request for ordinance.


 

11.              That the developer secure the approval of the Board of Zoning Adjustment for a variance to the required 25 foot setback from N. Flintlock Road for Buildings 12 and 13, as shown on the amended preliminary community unit project plan, if necessary.

 

12.              That the developer obtain a floodplain certificate if any grading is to occur within a floodplain, as required by the Department of Codes Administration.

 

13.              That the developer design and install streetlights as required on all collector streets.

 

14.              That the developer extend water mains in public right-of-way as required by the Water Services Department.

 

15.              That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

 

16.              That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the Department of Public Works.

 

17.              That the developer provide fire protection as required by the Fire Department.

 

18.              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.

 

19.              That the developer submit a final community unit project plan(s) to the City Plan Commission for approval including plans for landscaping, grading, signage, screening, berming, fencing, and lighting (provide a photometric study, with the intent that there shall be no direct illumination beyond the property line); plans for private open space tracts containing detention areas, pedestrian pathways, pool/clubhouse, fencing, playground equipment, etc.; and building elevation and materials for the pool and clubhouse.

 

A copy of said amendment is on file in the office of the City Clerk with this ordinance, and it 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