ORDINANCE NO. 090014
Approving a preliminary community
unit project plan in District R-4 on a .55 acre tract of land generally located
on the west side of Washington Street about 300 feet south of 44th Street. (13963-CUP)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
a preliminary community unit project plan in District R-4 (Low Apartments) on
an approximately .55 acre tract of land generally located on the west side of
Washington Street about 300 feet south of 44th Street, and more specifically
described as follows:
A tract of land
being part of Lots 2 through 10 and the East Half of the vacated alley, west of
and adjoining, all in Block 2, Edwin and Lockwoods 1st Addition, a subdivision
located in the Northeast Quarter of Section 30, Township 49 North, Range 33 West
of the Fifth Principal Meridian, Kansas City, Jackson County, Missouri, being
more particularly described as follows: Commencing at the northeast corner of
said Northeast Quarter; thence South 02 degrees 23 minutes 34 seconds West along
the east line of said Northeast Quarter, a distance of 803.52 feet; thence North
87 degrees 35 minutes 14 seconds West, a distance of 274.64 feet to a point on
the west right-of-way line of Washington Street, as now established, said point
also being 15.00 feet north of the south line of said Lot 2 and the point of
beginning on the tract of land to be described; thence South 02 degrees 24
minutes 46 seconds West along said west right-of-way line a distance of 210.06
feet to a point 20 feet south of the north line of said Lot 10; thence North 87
degrees 12 minutes 19 seconds West parallel and 20 feet north of the south line
of said Lot 10 a distance of 113.44 feet to the centerline of the vacated alley
as described in Book B-1985 at page 89; thence North 02 degrees 23 minutes 49
seconds East along said centerline, a distance of 210.06 feet to a point 15.00
feet north of the south line of said Lot 2; thence South 87 degrees 12 minutes 19
seconds East parallel and 15.00 feet north of the south line of said Lot 2 a
distance of 113.50 feet to the point of beginning. Contains 23,834 square feet
or 0.55 acres, more or less.
is hereby approved, subject to
the following conditions:
1. That the developer cause the area to be platted and processed
as a condominium in accordance with Chapter 66, Code of Ordinances of Kansas
City, Missouri, commonly known as the Subdivision Regulations.
2. That the developer submit a macro/micro storm drainage study
to Development Services for review and acceptance for the entire development
when the final plat is submitted, and that the developer construct any
improvements as required by Development Services, prior to recording of the
3. That the developer submit a letter from a licensed civil engineer,
licensed architect, or licensed landscape architect, who is registered in the
State of Missouri, stating the condition of the sidewalks, curbs, and gutters.
The letter must identify state of repair as defined in Chapters 56 and 64, Code
of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the
quantity and location of sidewalks, curbs, and gutters that need to be
constructed, repaired, or reconstructed. The developer shall secure permits to
repair or reconstruct the identified sidewalks, curbs, and gutters as necessary
along all development street frontages, as required by Development Services,
prior to recording the plat.
4. 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.
5. That the developer grant a BMP Easement to the City as
required by Development Services.
6. That the developer submit covenants, conditions and
restrictions to Development Services for approval by the Law Department for the
maintenance of common elements.
7. That the developer contribute $1,639.47 in lieu of parkland
dedication for 11 units ((7 multifamily units X 2.0 plus 4 duplex units X 3.0)
X .006 X $10,509.41 (year 2008) = $1,639.47) in satisfaction of Section 66-128
of the Subdivision Regulations.
8. That the developer provide for fire protection as required by
the Fire Department prior to construction beyond foundations.
9. That the developer extend/relocate water mains and grant
exclusive easements as required by the Water Services Department.
10. That the developer submit
a street tree planting plan prior to or concurrent with the final plat
submittal, 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.
11. That the final plat show and describe all wall dimensions, as
well as all floor and ceiling elevations, for each of the condominium units.
12. That the developer receive the approval of the Board of Zoning
Adjustment for any necessary variances.
13. That the developer submit a final plan to the City Plan
Commission for approval, including detailed information on landscaping,
lighting (including a photometric study showing zero footcandles at the
property line and no direct illumination beyond the property line) and building
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.
Approved as to
form and legality:
Assistant City Attorney