ORDINANCE NO. 060615
Approving an amendment to a
previously approved community unit project in District R-1a on a 4.3 acre
tract of land generally located on the north side of Bannister Road
approximately 1/4 mile west of Holmes Road. (12400-CUP-2)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved community unit project in District R-1a
(One-Family Dwellings, Medium Density) on an approximately 4.3 acre tract of
land generally located on the north side of Bannister Road approximately 1/4
mile west of Holmes Road, and more specifically described as follows:
All that part of the
Northwest Quarter and the Southwest Quarter of Section 29, Township 48, Range
33 and all that part of Blocks 27 and 28, Moores Southland Addition, a
subdivision in Kansas City, Jackson County, Missouri, being described as
follows: Commencing at the Southeast Corner of the Northwest Quarter of said
Section 29; thence North 0214'28" East, along the East line of said
Northwest Quarter, 1.09 feet to a point on the Northerly right-of-way line of
Bannister Road, as now established; thence South 8413'33" West, along
said Northerly right-of-way line, 25.25 feet to the True Point of Beginning of
the tract to be herein described; thence continuing South 8413'33" West,
along said Northerly right-of-way line, 400.63 feet; thence Westerly, along
said Northerly right-of-way line, along a curve to the right, tangent to the
last described course, having a radius of 1,095.92 feet, and a central angle of
0349'14", an arc distance of 73.08 feet; thence North 0214'28"
East, 285.35 feet to the Northwest corner of Lot 43, Block 27, said Moores
Southland Addition; thence South 8658'17" East, along the North line of
said Lot 43 and its Easterly prolongation, 189.80 feet to the Southwest corner
of Lot 17, Block 28, said Moores Southland Addition; thence North
0214'28" East, along the West line of said Block 28, 275.00 feet to the
Northwest corner of Lot 7, said Block 28; thence South 8658'17" East,
along the North line of Lots 7 and 32, said Block 28, 279.60 feet to a point on
the West right-of-way line of vacated Oak Street, as now established; thence
South 0214'28" West, along said right-of-way line, 490.27 feet to the
True Point of Beginning. Containing 4.27 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 Kansas City, Missouri,
commonly known as the Subdivision Regulations.
2. That the developer dedicate additional right of way for a
primary arterial with a bike path as required by Development Services so as to
provide a minimum of 56 feet of right of way as measured from the centerline of
3. That an eastbound left turn lane with taper on Bannister Road at the development entrance be constructed prior to the issuance of any
certificates of occupancy.
4. That the developer enter into an unsecured deferral agreement
for the improvement of the western one-half of Oak Street to local street
standards as required by Development Services, including curbs, gutters,
sidewalks, streetlights, existing roadway section transitions to meet vertical
and horizontal alignment standards, and relocation of utilities. The term of
the deferral shall be for a period of 10 years or when the eastern half of Oak Street is improved, whichever occurs first.
5. 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 Development Services.
6. That the developer submit plans for grading and siltation and
erosion control to the City Engineers Office for approval prior to the
commencement of any construction activities.
7. 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.
8. 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.
9. That the developer shall subordinate to the City all private
interest in the area of any 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.
10. 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 Development Services,
prior to recording the plat.
11. That the developer show the limits of the 100-year floodplain
and the lowest opening or elevation or Minimum Low Opening (MLO) of any
structure on each lot that abuts a 100-year floodplain area on the final plat.
12. That the developer obtain a floodplain certificate from
Development Services prior to beginning any construction activities within the
13. That the developer install hard surface roads and provide for
fire protection as required by the Fire Department prior to construction beyond
14. That the developer extend water mains as required by the Water
15. That the developer secure the approval of the Missouri
Department of Transportation for any work within State right of way.
16. That the developer submit a street name signage plan for the
entire development area for approval by the Street Naming Committee prior to
submittal of the first final plat.
17. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
18. 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.
19. That the developer provide adequate sight distance for each
street connection to Bannister Road as required by Development Services.
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 obtain approval by the City of a
certificate of survey prior to the sale of individual units.
22. That the developer provide a copy of a private inspection
report that states that the private street has been constructed to City
23. 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 and maintain in
conformance with the plan approved by the City Forester. The plan shall
include size, type, species, and placement of trees.
24. That the developer submit a final plan to the City Plan Commission
for approval, including detailed information on landscaping per staff approval
(including canopy shade trees a maximum of 40 feet on center on average along
the private street frontage), signage (including elevations), and building
elevations, with the trash enclosure materials matching the townhomes, and the
walls of the trash enclosure of sufficient height to screen the trash
receptacle from the view of traffic or pedestrians along Bannister Road.
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