COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 050984
Approving an amendment to a
previously approved community unit project plan in District R-1a on
approximately 198.2 acres generally located on the east side of N.E. Flintlock Road at N.E. 90th Street. (12434-CUP-2).
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved preliminary plan in District R-1a (One-Family Dwellings, Medium Density) on approximately 198.2
acres generally located on the east side of N.E. Flintlock Road, from a point
located 1,800 feet south of N.E. 90th Street to a point located 2,800 feet
north of N.E. 90th Street, and more specifically described as follows:
A tract of land in
the Northeast Quarter of Section 11, the Southeast Quarter and the Northeast
Quarter of Section 2, all in Township 51, Range 32, Kansas City, Clay County,
Missouri, being bounded and described as follows: Beginning at the Southwest
corner of the Southeast Quarter of said Section 2; thence North 0026'54"
East, along the West line of said Southeast Quarter, 2611.04 feet to the
Southwest corner of the Northeast Quarter of said Section 2; thence North
0027'02" East, along the West line of said Northeast Quarter, 1338.04
feet; thence South 8930'37" East, 2608.62 feet to a point on the East
line of said Northeast Quarter; thence South 0045'54" West, along said
East line, 1335.96 feet to the Northeast corner of the Southeast Quarter of
said Section 2; thence South 0040'10" West, along the East line of said
Southeast Quarter, 820.42 feet; thence South 661300 West, 380.36 feet;
thence South 303017 West, 389.91 feet; thence South 482932 West, 454.82
feet; thence South 562312 West, 394.95 feet; thence South 494419 West,
413.10 feet; thence South 421933 West, 454.49 feet; thence South 343618
West, 197.92 feet; thence South 355113 West, 199.68 feet; thence South
500811 West, 326.81 feet; thence South 444511 West, 372.54 feet; thence
North 900000 West, 37.79 feet to a point on the West line of said Northeast
Quarter; thence North 0026'45" East, along said West line, 640.73 feet to
the Point of Beginning. Containing 198.22 acres, more or less, except that
part in existing street right-of-way.
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 submit an
updated macro "overall" storm drainage study for the entire
development to the City Engineer's Office for approval at the time the first
plat is submitted, with a micro "detailed" storm drainage study to be
submitted for each phase at the time of final platting and that the developer
construct any necessary improvements as required by the City Engineer's Office.
3)
That the developer submit plans for
grading and siltation and erosion control to the City Engineers Office for
approval prior to beginning any construction activities.
4)
That the developer secure a land
disturbance permit from the Missouri Department of Natural Resources.
5)
That the developer secure a land
disturbance permit from the City Development Department prior to beginning any
construction, grading, clearing, or grubbing activities.
6)
That the developer design and construct all interior streets to
City standards as required by the City Development Department, including curb,
gutter, storm sewers, streetlights, and sidewalks, except to the extent that
variances are granted herein.
7)
That a 10 foot variance to the minimum required right-of-way
width of 50 feet for a minor (local residential) street so as to permit 40 feet
of right-of-way as shown on the development plan is hereby granted.
8)
That a four foot variance to the minimum required street width of
28 feet for a minor (local residential) street so as to permit 24 feet of
street width as shown on the development plan is hereby granted.
9)
That a variance to the requirement that sidewalks be constructed
on both sides of all public streets, to allow sidewalks to be constructed on
one side of the public street as shown on the preliminary community unit
project plan is hereby granted.
10)
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.
11)
That the developer dedicate additional right of way for N. Flintlock Road as required by the City Development Department so as to provide a total of
50 feet of right of way as measured from the centerline of N. Flintlock Road.
12)
That the developer construct and/or
reconstruct sidewalks and curbs along all development street frontages
as required by the City Development Department.
13)
That the developer ensure adequate site distance for each street
connection to Flintlock Road as required by the Department of Public Works.
14)
That the developer integrate any relocated streetlights into the
existing street light system as required by the City Engineers Office.
15)
That the developer obtain a floodplain
certificate if any grading is to occur within a floodplain as required by the Department
of Codes Administration.
16)
That the final plat show the limits of the 100-year floodplain.
17)
That the final plat show the lowest opening or elevation or
Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year
flood plane area on the final plat.
18)
That the developer construct temporary cul-de-sacs as required by
the Department of Public Works.
19)
That with the application for final
plat, the developer submit a street tree planting plan as part of the final
plat, with a copy to be submitted to the Department of City Development; and
further, that the developer secure the approval of the City Forester for street
trees planted on right-of-way in front of residential lots 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.
20)
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.
21)
That the developer extend and/or
relocate sanitary sewers and/or storm sewers to ensure individual service is
provided to all proposed lots and determine adequacy as required by the
Department of Public Works.
22)
That the developer extend water mains
as required by the Water Services Department.
23)
That the developer install hard surface
roads and provide for fire protection as required by the Fire Department prior
to construction beyond foundations.
24)
That the developer submit covenants, conditions, and restrictions to the
Law Department for approval by the City for maintenance of private open space
and enter into a covenant agreement for the maintenance of any stormwater
detention area tracts.
25)
That the developer
submit final community unit project plans 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 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