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Legislation #: 071382 Introduction Date: 12/13/2007
Type: Ordinance Effective Date: 6/15/2008
Sponsor: None
Title: Approving a preliminary community unit project plan in Districts R-1a and R-2a on a 75.1 acre tract of land generally located on both sides of proposed E. 56th Street about one-half mile east of Noland Road. (13613-CUP-1)

Legislation History
DateMinutesDescription
12/11/2007 Filed by the Clerk's office
12/13/2007 Referred to Planning and Zoning Committee
1/2/2008 Hold On Agenda (4/9/2008)
4/9/2008 Hold On Agenda (5/14/2008)
5/14/2008 Hold On Agenda (5/28/2008)
5/28/2008 Do Pass as a Committee Substitute
5/29/2008 Assigned Third Read Calendar as Substituted
6/5/2008 Passed

View Attachments
FileTypeSizeDescription
071382.pdf Authenticated 363K Authenticated
071382-383 Petition of Protest.pdf Petition 202K Petition
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=071382 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=071382
071382 Mailing List.pdf Plan Mailing List 81K Mail List
071382 Docket Maps.pdf Maps 115K Document Maps
071382-383-393 Affidavit of Publication.pdf Other 44K Affidavit of Publication
Adv. 010208 No. 3.pdf Advertise Notice 8K Advertise Notice
C013613CUP1_FACTSHT.xls Fact Sheet 66K Fact Sheet
C013613CUP1_STAFFRPT04_03_07.doc Staff Report 79K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071382

 

Approving a preliminary community unit project plan in Districts R-1a and R-2a on a 75.1 acre tract of land generally located on both sides of proposed E. 56th Street about one-half mile east of Noland Road. (13613-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a preliminary community unit project plan in Districts R-1a (One-Family Dwellings, Medium Density) and R-2a (Two-Family Dwellings, Low Density) on a 75.1 acre tract of land generally located on both sides of proposed E. 56th Street about one-half mile east of Noland Road, and more specifically described as follows:

 

District R-1a (One-Family Dwellings, Medium Density):

 

All of the Northeast Quarter of the Southeast Quarter of Section 35, Township 49 North, Range 32 West of the 5th Principal Meridian, Kansas City, Jackson County, Missouri except the west 5 Acres of the Northeast Quarter of the Southeast Quarter of said Section 35 lying North of the 56th Street (formerly Grube Road), together with the Northwest Quarter of the Southwest Quarter of Section 36, Township 49 North, Range 32 West of the 5th Principal Median, Kansas City, Jackson County, Missouri all more particularly described as follows: Beginning at the northwest corner of the Northwest Quarter of the Southwest Quarter of said Section 36; thence South 86 degrees 52 minutes 25 seconds East on the north line of the Northwest Quarter of said Southwest Quarter, 1302.73 feet to the northeast corner of the Northwest Quarter of said Southwest Quarter; thence South 02 degrees 12 minutes 28 seconds West on the east line of the Northwest Quarter of the Southwest Quarter of said Section 36, 1319.89 feet to the southeast corner of the Northwest Quarter of said Southwest Quarter; thence North 87 degrees 05 minutes 11 seconds West on the south line of the Northwest Quarter of said Southwest quarter 1247.04 feet; thence North 21 degrees 59 minutes 24 seconds East 25.10 feet; thence northeasterly along a curve to the left having a radius 1275.00 feet, a central angle of 17 degrees 54 minutes 02 seconds and an arc length of 398.34 feet; thence northeasterly along a curve to the right having a radius 425.00 feet, a central angle of 19 degrees 46 minutes 23 seconds and arc length of 146.67 feet; thence North 23 degrees 51 minutes 44 seconds East 7.75 feet; thence North 66 degrees 08 minutes 16 seconds West 45.09 feet; thence Westerly along a curve to the left having a radius 660.00 feet, a central angle of 21 degrees 03 minutes 51 seconds and an arc length of 242.64 feet; thence North 87 degrees 12 minutes 07 seconds West along said line 1227.32 feet to a point on the west line of the Northeast Quarter of said Southeast Quarter; thence North 02 degrees 21 minutes 21 seconds East along said line 35.58 feet to the centerline of said 56th Street and the southwest corner of a tract of land described in document number 19991-0010882 recorded in the Jackson County Recorder of Deeds office; thence northeasterly on a curve to the left on said centerline and the south line of said tract (said curve having on initial tangent North 67 degree 57 minutes 29 seconds East a radius of 150.00 feet, a chord bearing of North 65 degrees 04 minutes 10 seconds East, chord distance of 15.12 feet) an arc length of 15.12 feet to a point of tangency; thence North 62 degrees 10 minutes 52 seconds East on said centerline and the south line of said tract, 42.45 feet to a point of curvature; thence easterly on a curve to the right on said centerline and the south line of said tract (said curve have a radius of 160.00 feet, a chord bearing of North 77 degrees 19 minutes 38 seconds East, a chord distance of 83.61 feet) an arc length of 84.59 feet to a point of tangency; thence South 87 degrees 31 minutes 36 seconds East on said centerline and the south line of said tract, 220.44 feet to the southeast corner of said tract; thence North 02 degrees 21 minutes 21 seconds East on the east line of said tract, 612.13 feet to the north line of the Southeast Quarter of said Section 35; thence South 87 degrees 12 minutes 17 seconds East on said north line, 981.54 feet to the Point of Beginning. Containing 54.30 acres more or less.

 

District R-2a (Two-Family Dwellings, Low Density):

 

All of the Northeast Quarter of the Southeast Quarter of Section 35, Township 49 North, Range 32 West of the 5th Principal Meridian, Kansas City, Jackson County, Missouri except the west 5 Acres of the Northeast Quarter of the Southeast Quarter of said Section 35 lying North of the 56th Street (formerly Grube Road), together with the Northwest Quarter of the Southwest Quarter of Section 36, Township 49 North, Range 32 West of the 5th Principal Median, Kansas City, Jackson County, Missouri all more particularly described as follows: Commencing at the northwest corner of the Northwest Quarter of the Southwest Quarter of said Section 36; thence South 86 degrees 52 minutes 25 seconds East on the north line of the Northwest Quarter of said Southwest Quarter, 1302.73 feet to the northeast corner of the Northwest Quarter of said Southwest Quarter; thence South 02 degrees 12 minutes 28 seconds West on the east line of the Northwest Quarter of the Southwest Quarter of said Section 36, 1319.89 feet to the southeast corner of the Northwest Quarter of said Southwest Quarter; thence North 87 degrees 05 minutes 11 seconds West on the south line of the Northwest Quarter of said Southwest quarter 1247.04 feet to the point of beginning; thence North 87 degrees 05 minutes 11 seconds West 65.10 feet; thence North 87 degrees 09 minutes 12 seconds West 1326.93 feet to southwest corner of the Northeast Quarter of said Southeast Quarter; thence North 02 degrees 21 minutes 21 seconds East along said line 623.59 feet; thence South 87 degrees 12 minutes 07 seconds East 1227.32 feet; thence easterly along a curve to the right having a radius 660.00 feet, a central angle of 21 degrees 03 minutes 51 seconds and an arc length of 242.64 feet; thence South 23 degrees 51 minutes 44 seconds West 7.75 feet; thence southwesterly along a curve to the right having a radius 425.00 feet, a central angle of 19 degrees 46 minutes 23 seconds an arc length of 146.67 feet; thence southwesterly along a curve to the left having a radius 1275.00 feet, a central angle of 17 degrees 54 minutes 02 seconds an arc length of 398.34 feet; thence South 21 degrees 59 minutes 24 seconds West 25.10 feet to the point of beginning. Containing 20.80 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 widen E. 56th Street between the west plan boundary and Noland Road to a minimum paved width of 22 feet, except where limited by the existing railroad overpass as required by Development Services.

 

3. That the developer construct a westbound right turn lane with taper on E. 56th Street at Noland Road as required by Development Services.

 

4. That the developer construct a southbound left turn lane with taper on Noland Road at E. 56th Street as required by Development Services and the Missouri Department of Transportation.

 

5. That adequate sight distance be provided for the intersection of E. 56th Street and Noland Road as required by Development Services and the Missouri Department of Transportation.

6. That the developer widen Logan Road and E. 59th Street between the south plan boundary and Noland Road to a minimum unobstructed paved width of not less than 20 feet, except where limited by the existing railroad overpass, and provide an unobstructed vertical clearance of not less than 13 feet 6 inches as required by the Fire Department.

 

7. That the developer design and construct all interior streets to City standards as required by Development Services, including curb, gutter, storm sewers, streetlights, and sidewalks.

 

8. That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance prior to submittal of the first final plat application, 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 Development Services.

 

9. 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.

 

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

 

11. That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to the commencement of any construction activities.

 

12. 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.

 

13. 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.

 

14. That the developer 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 be responsible for all costs associated with subordination activities.

 

15. That temporary off-site cul-de-sacs be constructed as required by Development Services.

 

16. That the developer provide access restrictions to prohibit direct vehicular access to E. 56th Street from all lots or units and that the restriction be placed on the Final Plat.

 

17. That the developer submit covenants, conditions and restrictions to Development Services for review by 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.

 

18. That the developer grant a Surface Drainage Easement to the City as required by Development Services.

 

19. That the developer grant a BMP Easement to the City as required by Development Services.

 

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 contribute $35,882.00 in lieu of parkland dedication for 236 single-family units (236 units x 3.7 x .006 x $9,859.86 (year 2007) less credit for 1.6 acres of private open space = $35,882.00) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

22. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

23. That the developer relocate and extend water mains as required by the Water Services Department.

 

24. That the developer secure the approval of the Missouri Department of Transportation for any work within State right of way.

 

25. 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.

 

26. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, detention areas and building elevations in the amenities area.

 

27. That no final plat shall be recorded until a Declaration of Restrictions for Blue River Hills is submitted to Development Services for review by the Law Department in recordable form for simultaneous recording including, but not limited to, the following terms: lots shall be used for single-family private residential purposes; exterior walls of all residences and all appurtenances thereto shall be of stucco, stucco board, brick, stone, wood shingles, batt siding, board and batt siding, wood paneling, masonite or wood lap siding, plate glass, glass blocks, wood trim, or comparable quality; that each residence in phases 1 through 3 shall have a minimum of 1600 square feet of finished floor area, excluding garages, basements, and attics; that each residence in phase 4 shall have a minimum of 1400 square feet of finished floor area, excluding garages, basements, and attics; only wrought iron (or similar) fences (which may include stone, masonry or wood posts or privacy screens in specific styles, materials and colors approved by the Developer shall be permitted on the rear lot line of lots which abut the CUP perimeter landscaping tracts; prohibiting chain link fences; prohibiting accessory buildings except one detached garage per lot; and that the homes association shall be responsible for maintenance of common elements, detention tracts, and private open spaces.

 

No final plat shall be recorded until a Blue River Hills Homes Association Declaration is presented to staff in recordable form for simultaneous recording.

 

28. That the developer will have examined by a licensed professional engineer the structural integrity of the bridges on 56th Street and 59th Street and submit the engineers report to the City. If the bridges are not adequate to support the traffic generated by this project, the final plat shall not be approved.

 

29. That the developer shall submit a report to the City from a licensed professional engineer regarding the structural integrity of the dam on Logan Road, related to developers improvement of Logan Road, and if the condition of the dam is not structurally sound or may jeopardize developers improvements, the final plat shall not be approved.

 

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