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Legislation #: 051008 Introduction Date: 8/18/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a Community Unit Project plan in District R-5 on a 1.63 acre tract of land generally located between J.C. Nichols Parkway and Wornall Road, south of 45th Street. (13371-CUP):

Legislation History
DateMinutesDescription
8/17/2005 Filed by the Clerk's office
8/18/2005 Referred to Planning, Zoning & Economic Development Committee
9/7/2005 Advance and Do Pass, Debate
9/8/2005 Passed

View Attachments
FileTypeSizeDescription
051008.pdf Authenticated 195K Authenticated
C013371CUP_Fact Sheet General.doc Fact Sheet 55K Fact Sheet
C013371CUP_STAFFRPT_07_19_05.doc Staff Report 53K Staff Report

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ORDINANCE NO. 051008

 

Approving a Community Unit Project plan in District R-5 on a 1.63 acre tract of land generally located between J.C. Nichols Parkway and Wornall Road, south of 45th Street. (13371-CUP):

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project plan in District R-5 (High Apartments) on an approximately 1.63 acre tract of land generally located between J.C. Nichols Parkway and Wornall Road, south of 45th Street, and more specifically described as follows:

 

All of Lots 1, 2, 3, 4, and 5, PEARSE'S ADDITION to Kansas City, Missouri, a subdivision in Kansas City, Jackson County, Missouri, and part of the Vacated 45th Street, and all of Lot 7, and the North 31.0 feet of Lot 8, all of Lots 11, 12, 13, 14 and 15 of PEARSE'S 2ND ADDITION to Kansas City, Missouri a subdivision in Kansas City, Jackson County, Missouri and being more fully described as follows: Beginning at the Northwest corner of Lot 1, PEARSE'S ADDITION to Kansas City, Missouri, a subdivision in Kansas City, Jackson County, Missouri; thence South 87 degrees 36 minutes 55 seconds East (this bearing and all following bearings being based on Grid North and referenced to Kansas City Metro Control Station JA-106, using RTK G.P.S. equipment) along the North line of said Lot 1 and continuing along the North line of Lot 7, said subdivision, and being the North line of a portion of the vacated 45th Street, 270.00 feet to a point, said point being North 13 degrees 03 minutes 55 seconds West, 9.03 feet from the Northeast corner of Lot 7, PEARSE'S 2ND ADDITION to Kansas City, Missouri, a subdivision in Kansas City, Jackson County, Missouri; thence South 13 degrees 03 minutes 55 seconds East 9.03 feet to the Northeast corner of said Lot 7, PEARSE'S 2ND ADDITION; thence continue South 13 degrees 03 minutes 55 seconds East along the East line of said Lot 7, and the North 31.00 feet of Lot 8 of said PEARSE'S 2ND ADDITION, 68.16 feet to the Southeast corner of the North 31.00 feet of said Lot 8; thence North 87 degrees 36 minutes 10 seconds West along the South line of the North 31.00 feet of said Lot 8, a distance of 139.44 feet to the Southwest corner of the North 31.00 feet of said Lot 8; thence South 12 degrees 59 minutes 05 seconds East along the West line of Lots 8, 9, and 10 of PEARSE'S 2ND ADDITION, 75.82 feet to the Southwest corner of said Lot 10; thence South 87 degrees 36 minutes 27 seconds East along the South line of said Lot 10, a distance of 139.54 feet to the Southeast corner of said Lot 10; thence South 13 degrees 03 minutes 55 seconds East along the East line of Lots 11, 12, 13, 14, and 15 of said PEARSE'S 2ND ADDITION, 180.00 feet to the Southeast corner of said Lot 15; thence North 87 degrees 36 minutes 55 seconds West along the South line of said Lot 15, 139.78 feet to the Southwest corner of said Lot 15; thence North 12 degrees 59 minutes 20 seconds West along the West line of said Lot 15 and said Lot 14, a distance of 51.76 feet to the Southeast corner of Lot 5, of PEARSE'S ADDITION; thence North 87 degrees 36 minutes 57 seconds West along the South line of said Lot 5, a distance of 135.00 feet to the Southwest corner of said Lot 5; thence North 12 degrees 59 minutes 20 seconds West along the West line of Lot 5, 4, 3, 2, and 1 of PEARSE'S ADDITION, 264.87 feet to a point being South 02 degrees 23 minutes 05 seconds West, 15.70 feet of the Northwest corner of said Lot 1; thence North 02 degrees 23 minutes 05 seconds East along the West line of said Lot 1 a distance of 15.70 feet to the Northwest corner of said Lot 1, being the point of beginning.

 

is hereby approved, subject to the following conditions:

 

1. That the developer shall 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 a macro/micro storm drainage study to Development Services for approval for the entire development when the first plat is submitted, and that the developer construct any improvements as required by the City Engineer's Office.

 

3. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

4. That the developer secure a land disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

5. That the developer contribute $7,261.90 in lieu of parkland dedication for 61 units (61 units 2 .006 $9,961.61 (year 2005) = $7,291.90) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

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

 

7. That the developer submit a street tree planting plan as part of the final plat, 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.

 

8. That the developer provide cross access easements as required by Development Services, on the final plat.

 

9. 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.

 

10. 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.

 

11. That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

12. That the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area be shown on the final plat.

 

13. That the limits of the 100-year floodplain be shown on the final plat.

 

14. 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 storm water detention area tracts.

 

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

 

16. That the developer receive the approval of the Board of Zoning Adjustment for any required variances.

 

17. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), and building elevations including the land between the site and the south wall of the Flamingo Condominiums.

 

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