FOR ORDINANCE NO. 050656
a Community Unit Project plan on an approximately 36.3 acre tract of land generally located at the southeast
corner of proposed N.W. 96th Street and U.S. Highway 169.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
a Community Unit Project on an approximately 36.3
acre tract of land generally located at the southeast corner of proposed N.W. 96th Street and U.S. Highway 169, and more specifically described as follows:
A tract of land in the Southwest
Quarter of Section 35, Township 52, Range 33 and the Northwest Quarter of
Section 2, Township 51, Range 33, Kansas City, Clay County, Missouri, being
described as follows: Commencing at the Northeast corner of the Northwest
corner of said Section 2; thence North 89o4151 West, along the North line of
said Northwest Quarter, 626.55 feet to its intersection with the South
right-of-way line of Northeast 96th Street, as recorded in Book 1205 at Page
758 in the office of the Recorder of Deeds in Clay County, Missouri, said point
being the True Point of Beginning of the tract to be herein described; thence
continuing North 89o4151 West, along said North line, 94.44 feet; thence
South 04o2629 West (Deed South 04o0000 West), 774.86 feet (Deed 778.93
feet) to a point on the Northerly right-of-way line of Northeast 95th Terrace,
as now established; thence North 77o0207 West (Deed North 77o1923 West)
along said Northerly right-of-way line, 90.05 feet (Deed 91.87 feet), thence
North 75o0907 West (Deed North 75o2623 West) along said Northerly
right-of-way line, 83.70 feet; thence North 70o5907 West (Deed North
71o1623 West) along said North right-of-way line, 77.00 feet; thence North
66o3207 West (Deed North 66o4923 West) along said Northerly right-of-way
line, 74.00 feet; thence North 57o2107 West (Deed North 57o2823 West)
along said Northerly right-of-way line, 77.00 feet; thence North 52o4407 West
(Deed North 53o0123 West) along said Northerly right-of-way line 175.95
feet; thence Westerly, along said Northerly right-of-way line on a curve to the
left, tangent to the last described course, having a radius of 459.72 feet, a
central angle of 37o1549, an arc distance of 298.99 feet; thence North
89o5958 West (Deed South 89o4246 West) , along said Northerly
right-of-way line, 176.88 feet; thence North 0o0002 East (Deed North
0o1714 West) along said Northerly right-of-way line, 15.00 feet; thence North
89o5958 West (Deed South 69o4246 West) along said Northerly right-of-way
line, 143.70 feet; thence Westerly, along said Northerly right-of-way line, on
a curve to the right, tangent to the last described course, having a radius of
924.93 feet, a central angle of 24o2600, an arc distance of 394.43 feet;
thence North 61o4706 West (Deed North 61o5937 West) , along said
Northerly right-of-way line, 75.80 feet (Deed 74.26 feet) to a point on the
Easterly right-of-way line of U.S. Highway No. 169 as established in Book 1205
at Page 758 in the office of the recorder of deeds in Clay County, Missouri;
thence North 26o1150 East along said Easterly right-of-way line, 606.89 feet;
thence North 0o3413 West, along said Easterly right-of-way line, 481.64 feet
to a point on the South right-of-way line of the aforementioned Northeast 96th
Street; thence North 84o1617 East, along said South right-of-way line, 203.46
feet; thence Southeasterly along said South right-of-way line, on a curve to
the right, having an initial tangent bearing of South 88o4638 East, a radius
of 1065.92, a central angle of 42o1625, an arc distance of 786.45 feet;
thence South 44o5409 East, along said South right-of-way line, 357.88 feet;
thence Southeasterly, along said South right-of-way line on a curve to the
left, tangent to the last described course, having a radius of 1235.92 feet, a
central angle of 19o4354, an arc distance of 425.63 feet to the True Point of
Beginning. Containing 36.28 acres, more or less.
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 the City Engineer's Office 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 dedicate additional right of way for a
collector street as required by the Department of Public Works for N.E./N.W. 95th
the developer construct a left turn lane and tapers for the center entrance as
shown on the development plan. The developer may enter into a deferral agreement
deferring this improvement until either a.) traffic warrants are met for the
left turn lane, or b.) prior to recording of the second plat or c.) N.W. 95th
Terrace is disconnected from U.S. Highway 169, in which case the left turn
improvement would no longer be required, which ever occurs first.
City will agree to allow improvements to N.E. 96th Street between the east
development entrance, as shown on the development plan and N. Oak Trafficway,
with a minimum of two 12' lanes and necessary transitions with the first phase.
Developer will be given full impact fee credit for the cost of improvements in
accordance with section 39-8 of the Code of Ordinances. Alternatively, if the
cost of improvements exceeds $275,000.00, the developer, at its option, may
choose to make 95th Terrace improvements to ensure a minimum of two 12' lanes,
integral curb and sidewalk on the north side, utility adjustments, and storm
6. That the existing northbound right turn lane be improved on
U.S. Highway 169 at N.W. 95th Terrace as required by the Missouri
Department of Transportation prior to the recording of any final plat.
7. That the developer design and construct all interior streets
to City standards as required by the Department of Public Works, including
curb, gutter, storm sewers, streetlights, and sidewalks.
8. That the developer secure permits to construct or reconstruct
existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary
along all development street frontages, as required by the Department of Public
Works, prior to recording the plat.
9. That the developer submit plans for grading, siltation, and
erosion control to the City Engineer's Office for approval and permitting prior
to beginning any construction activities.
10. That the developer secure a site disturbance permit from the
Department of Public Works prior to beginning any construction, grading,
clearing, or grubbing activities, if the disturbed area exceeds one acre.
11. That the developer extend sanitary sewers to ensure
individual service is provided to all proposed lots and determine adequacy as
required by the Department of Public Works.
12. That the developer shall subordinate to the City all private
interest in the area of any internal right-of-way dedication as required by the
Department of Public Works, and that the developer shall be responsible for all
costs associated with subordination activities.
13. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by the Department of Public Works.
14. That the developer contribute $3,506.49 in lieu of parkland dedication
for 336 units (336 units x 2.0 x .006, less credit for 3.68 acres of private
open space, x $9,961.61 (year 2005) = $3,506.49) in satisfaction of
Section 66-128 of the Subdivision Regulations.
15. That the developer install hard surface roads and provide for
fire protection as required by the Fire Department prior to construction beyond
16. That the developer extend water mains and provide easements as
required by the Water Services Department.
17. 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 Planning and Development.
18. That the developer secure the approval of the Missouri
Highways and Transportation Department for any work within State right of way.
19. That access restrictions be provided on the final plat to
prohibit direct access to N.E./N.W. 96th Street from any lot or
20. 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.
21. That the
developer submit a street tree planting plan as part of each 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.
22. That the developer submit a final plan for each phase to the
City Plan Commission for approval, including detailed information on
landscaping, signage (including elevations), lighting of the pool area (if any,
including a photometric study showing zero footcandles at the property line and
no direct illumination beyond the property line), pedestrian paths and building
A copy of said Community Unit
Project plan is on file in the office of the City Clerk with this ordinance,
which is attached hereto and 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