ORDINANCE NO. 060058

Approving a community unit project plan amendment in District R-2a on a 3.11 acre tract of land generally located at the southwest corner of N. Oak Trafficway and N.E. 107th Street. (11924-CUP-7)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a community unit project in District R-2a (Two-Family Dwellings, Low Density) on a 3.11 acre tract of land generally located at the southwest corner of N. Oak Trafficway and N.E. 107th Street, and more specifically described as follows:

All that part of Lots 15A and 15B, TOWNHOMES AT MULLINS CORNER, a subdivision of land in the City of Kansas City, Clay County, Missouri; commencing at the Northwest corner of the Southeast Quarter of Section 26, Township 52, Range 33, Clay County, Missouri; thence South 00 degrees 32 minutes 17 seconds West, along the West line of the Southeast Quarter of said Section 26, a distance of 812.76 feet; thence South 89 degrees 27 minutes 43 seconds East, a distance of 62.00 feet to a point on the East Right-of-Way line of North Oak Trafficway, also being a point on the West line of said Lot 15B, and being the Point of Beginning of the tract of land herein to be described; thence along the boundary lines of said Lot 15A, and 15B, the following 10 courses, thence along the Easterly Right-of-Way line of said North Oak Trafficway, along a curve to the right, having an initial tangent bearing of North 00 degrees 32 minutes 17 seconds East, a radius of 38.00 feet, an arc distance of 64.02 feet to the Southerly Right-of-Way line of Northeast 107th Street; thence along the Southerly Right-of-Way line of said Northeast 107th Street, along a compound curve, having a radius of 170.00 feet, an arc distance of 104.88 feet; thence continuing along the Southerly Right-of-Way line of said Northeast 107th Street, along a reverse curve, having a radius of 225.00 feet, an arc distance of 160.61 feet to the Northwest corner of Lot 16, MULLINS CORNER, a subdivision of land in the City of Kansas City, Clay County, Missouri; thence South 03 degrees 24 minutes 15 seconds West, along the West line of said Lot 16, a distance of 120.15 feet to the Southwest corner of said Lot 16; thence South 00 degrees 19 minutes 57 seconds West, a distance of 300.00 feet to a point on the Northerly Right-of-Way line of Northeast 106th Street; thence North 89 degrees 40 minutes 03 seconds West, along the Northerly Right-of-Way line of said Northeast 106th Street, a distance of 251.76 feet; thence continuing along the Northerly Right-of-Way line of said Northeast 106th Street, along a curve to the right, being tangent to the last described course, having a radius of 38.00 feet, an arc distance of 59.83 feet to the Easterly Right-of-Way line of said North Oak Trafficway; thence North 00 degrees 32 minutes 17 seconds East, along the Easterly Right-of-Way line of said North Oak Trafficway, a distance of 274.85 feet; thence continuing along the Easterly Right-of-Way line of said North Oak Trafficway, North 09 degrees 29 minutes 24 seconds East, a distance of 77.12 feet; thence continuing along the Easterly Right-of-Way line of said North Oak Trafficway, North 00 degrees 32 minutes 17 seconds East, a distance of 93.85 feet to the Point of Beginning. Said Tract contains 3.11 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer secure permits to repair sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Development Services in accordance with Chapters 56 and 64, Code of Ordinance, prior to recording of the plat.

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

3. 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.

4. That the developer plant the remaining vegetation detailed in Case No. 11924-CUP-3, or submittal of a revised final plan application to the City Plan Commission for approval, or provide a bond or letter of credit for the installation of landscaping prior to approval of certificates of survey.

5. That the developer submit a certificate of survey to the Department of City Development for approval prior to the sale of individual units.

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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney