KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 071155 Introduction Date: 10/25/2007
Type: Ordinance Effective Date: 12/9/2007
Sponsor: None
Title: Approving an amendment to a previously approved community unit project plan in District R-4 (Low Apartments) on approximately a 36.28 acre tract of land generally located at the southeast corner of N.E. 96th Street/N.W. 96th Street and Highway 169, for the purpose of deleting an approximately 18.75 acre tract of land from said community unit project plan. (13311-CUP-3)

Legislation History
DateMinutesDescription
10/23/2007 Filed by the Clerk's office
10/25/2007 Referred to Planning and Zoning Committee
11/19/2007 Do Pass as a Committee Substitute
11/20/2007 Assigned Third Read Calendar as Substituted
11/29/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
071155.pdf Authenticated 359K Authenticated
071141,42,44,45,51,55,56,61,62,63 Affidavit of Publication.pdf Other 67K Affidavit of Publication
Adv. 111907 No. 2.pdf Advertise Notice 10K Advertise Notice
071155 Mailing List.pdf Plan Mailing List 136K Mail List
071155 Document Maps.pdf Maps 99K Document Maps
C013311CUP3_FACTSHT.xls Fact Sheet 61K Fact Sheet
C013311CUP4_STAFFRPT10_02_07.doc Staff Report 92K Staff Report

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071155

 

Approving an amendment to a previously approved community unit project plan in District R-4 (Low Apartments) on approximately a 36.28 acre tract of land generally located at the southeast corner of N.E. 96th Street/N.W. 96th Street and Highway 169, for the purpose of deleting an approximately 18.75 acre tract of land from said community unit project plan. (13311-CUP-3)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved community unit project plan in District R-4 (Low Apartments) on approximately a 36.28 acre tract of land generally located at the southeast corner of N.E. 96th Street/N.W. 96th Street and 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.

 

for the purpose of deleting therefrom an approximately 18.75 acre tract of land, 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 bounded and described as follows: Commencing at the Southeast corner of said Southwest Quarter; thence North 894151 West along the South line of said Southwest Quarter, 1353.79 feet; thence North 01809 East, 569.01 feet to a point on the Southerly right-of-way line of NW 96th Street, as now established, said point being also the True Point of Beginning of the tract to be herein described; thence South 371006 West, 173.67 feet; thence South 131459 West, 441.28 feet to a point on the aforementioned South line of said Southwest Quarter; thence North 894151 West along said South line, 0.98 feet; thence South 124457 West, 414.71 feet to a point on the Northerly right-of-way line of NW 95th Terrace, as now established; thence Westerly on a curve to the left, along said Northerly line, having an initial tangent bearing of North 890803 West, a radius of 459.72 feet, a central angle of 005133, an arc distance of 6.94 feet; thence North 895958 West (Deed South 894246 West) , along said Northerly right-of-way line, 176.88 feet; thence North 00002 East (Deed North 01714 West) along said Northerly right-of-way line, 15.00 feet; thence North 895958 West (Deed South 894246 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 242600, an arc distance of 394.43 feet; thence North 614706 West (Deed North 615937 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 261150 East along said Easterly right-of-way line, 606.89 feet; thence North 03413 West, along said Easterly right-of-way line, 481.64 feet to a point on the Southerly right-of-way line of the aforementioned NW 96th Street; thence North 841617 East, along said Southerly right-of-way line, 203.46 feet; thence Southeasterly along said Southerly right-of-way line, on a curve to the right, having an initial tangent bearing of South 884638 East, a radius of 1065.92, a central angle of 351102, an arc distance of 654.55 feet to the True Point of Beginning. Containing 18.75 acres, more or less.

 

so that the remaining tract of land of approximately 17.5 acres, 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 894151 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 894151 West, along said North line, 94.44 feet; thence South 042629 West (Deed South 040000 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 770207 West (Deed North 771923 West) along said Northerly right-of-way line, 90.05 feet (Deed 91.87 feet), thence North 750907 West (Deed North 752623 West) along said Northerly right-of-way line, 83.70 feet; thence North 705907 West (Deed North 711623 West) along said North right-of-way line, 77.00 feet; thence North 663207 West (Deed North 664923 West) along said Northerly right-of-way line, 74.00 feet; thence North 572107 West (Deed North 572823 West) along said Northerly right-of-way line, 77.00 feet; thence North 524407 West (Deed North 530123 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 362356, an arc distance of 292.05 feet; thence North 124457 East, 414.71 feet to a point on the aforementioned North line of said Northwest Quarter; thence South 894151 East along said North line, 0.98 feet; thence North 131459 East, 441.28 feet; thence North 371006 East, 173.67 feet to a point on the Southerly right-of-way line of NE 96th Street, as now established; thence Southeasterly along said South right-of-way line, on a curve to the right, having an initial tangent bearing of South 533536 East, a radius of 1065.92, a central angle of 070523, an arc distance of 131.90 feet; thence South 445409 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 194354, an arc distance of 425.63 feet to the True Point of Beginning. Containing 17.53 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 submit an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review and acceptance prior to clearance of the next plat and make necessary improvements as required by Development Services.

 

3. That the developer dedicate additional right of way for a collector street as required by Development Services for N.W. 95th Terrace.

 

4. That the developer improve N.W. 95th Terrace, as required by Development Services, in accordance with the approved development plan.

 

5. That the developer construct an eastbound left turn lane and tapers on N.W. 95th Terrace at N. Baltimore Avenue, if warranted by sight distance or traffic volumes 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, whichever occurs first.

 

6. 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.

 

7. 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.

 

8. 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.

 

9. That all private interest in the area of any internal right-of-way dedication be subordinated to the City as required by Development Services, and that the developer be responsible for all costs associated with subordination activities.

 

10. That any relocated streetlights be integrated into the existing street light system as required by Development Services and the Missouri Department of Transportation along State frontages.

 

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

 

12. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

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

 

14. 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.

 

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

 

16. 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.

 

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

 

18. That the developer extend water mains and provide easements as required by the Water Services Department.

 

19. That the developer provide access restrictions on the final plat to prohibit direct access to N.E. 96th Street from any lot or unit.

 

20. 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.

 

21. That the developer submit a final plan for landscaping tracts in both phases and building elevations in Phase 2 to the City Plan Commission for approval.

 

A copy of said amendment 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 amendment 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