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Legislation #: 060095 Introduction Date: 1/26/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved community unit project plan in District R1b (One-family dwelling district), on approximately 211.82 acres generally bounded by Missouri Highway 169 on the east, N.W. 108th Street on the south, N.W. Cookingham Drive (Missouri Highway 291) on the north, and a property line located west of N. Holly Street on the west to allow development of to permit development of single-family lots on a site formerly proposed for school development, along with other minor revisions, for a total of 609 single-family lots and several private open space and stormwater detention tracts (Case No. 10872-CUP-26).

Legislation History
DateMinutesDescription
1/25/2006 Filed by the Clerk's office
1/26/2006 Referred to Planning, Zoning & Economic Development Committee
2/15/2006 Do Pass
2/23/2006 Assigned to Third Read Calendar
3/2/2006 Passed

View Attachments
FileTypeSizeDescription
060095.pdf Authenticated 216K Authenticated
C010872CUP26_legal_descrip_01-03-06.doc Legal Description 22K Legal Description
10872cup26_01_03_2006.doc Staff Report 541K Staff Report
fs10872cup26.xls Fact Sheet 73K Fact Sheet on Excel
fs10872,10876 series continued on word.doc Fact Sheet 106K Fact Sheet continued on Word

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ORDINANCE NO. 060095

 

Approving an amendment to a previously approved community unit project plan in District R-1b on approximately 211.82 acres generally bounded by Missouri Highway 169 on the east, N.W. 108th Street on the south, N.W. Cookingham Drive (Missouri Highway 291) on the north, and a property line located west of N. Holly Street on the west. (10872-CUP-26).

 

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-1b (One-Family Dwellings) on approximately 211.82 acres generally bounded by Missouri Highway 169 on the east, N.W. 108th Street on the south, N.W. Cookingham Drive (Missouri Highway 291) on the north, and a property line located west of N. Holly Street on the west, and more specifically described as follows:

 

A tract of land in the Southeast Quarter of Section 22 and the Northeast Quarter of Section 27, all in Township 52, Range 33, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Southwest corner of said Northeast Quarter; thence North 0052'10" East, along the West line of said Northeast Quarter, 30.00 feet to the True Point of Beginning of the tract to be herein described; thence continuing North 0052'10" East, along said West line, 2602.80 feet to the Southwest corner of said Southeast Quarter; thence North 0007'07" East, along the West line of said Southeast Quarter, 1319.46 feet; thence South 8940'40" East, 198.00 feet; thence North 0007'00" East, 1283.82 feet to a point on the Southerly right-of-way line of Missouri Route 291, as now established; thence South 8945'05" East, along said Southerly line, 622.32 feet; thence South 0014'55" West, 595.00 feet; thence South 8945'05" East, 1067.47 feet to a point on the Westerly right-of-way line of US Highway 169, as now established; thence Southerly, along said Westerly line, on a curve to the left, having an initial tangent bearing of South 0045'52" East, a radius of 490.00 feet, an arc distance of 408.99 feet; thence South 4835'14" East, along said Westerly line, 100.00 feet; thence Southerly, along said Westerly line, on a curve to the right, tangent to the last described course, having a radius of 894.93 feet, an arc distance of 578.35 feet; thence South 0338'39" West, along said Westerly line, 215.50 feet; thence South 0004'43" West, along said Westerly line, 1000.08 feet; thence South 0222'15" West, along said Westerly line, 937.76 feet; thence South 0222'15" West, 214.45 feet; thence South 3109'10" West, 104.99 feet; thence North 6913'07" West, 1004.53 feet; thence Southerly, on a curve to the left, having an initial tangent bearing of South 2432'42" West, a radius of 1000.00 feet, an arc distance of 418.28 feet; thence South 034'45" West, 793.47 feet; thence North 8925'15" West, 425.97 feet; thence South 2213'00" East, 122.20 feet; thence South 007'08" West, 301.40 feet to a point on the Northerly right-of-way line of NW 108th Street, as now established; thence North 8926'14" West, along said Northerly line, 849.14 feet to the True Point of Beginning. Containing 211.82 acres, more or less.

 

is hereby approved, subject to the following conditions:

 

1.                     That the developer amend any previous deferral or cooperative agreements to reflect current conditions and the changes due to this development plan amendment.

 

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

 

3.                     That the developer secure permits to reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri Licensed Civil Engineer stating that the sidewalks, curb and gutter are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

 

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

 

5.                  That the developer submit new or update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed micro study prior to approval of the next plat and that the developer make the necessary improvements as required by Development Services.

 

6.                  That the developer secure a land disturbance permit from the City Development Department prior to beginning any construction, grading, clearing, or grubbing activities.

 

7.                  That the developer extend water mains as required by the Water Services Department.

 

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

 

9.                  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.

 

10.              That the developer show the limits of the 100-year floodplain on the final plat.

 

11.              That the developer show 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 design and construct all interior streets to City standards as required by Development Services, including curb, gutter, storm sewers, streetlights, and sidewalks.

 

13.              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.

 

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 stormwater detention area tracts.

 

15.              That with the application for final plat, the developer submit a street tree planting plan as part of the final plat, with a copy to be submitted to the Department of City Development; and further, that the developer secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

 

16.              That the City Plan Commission grant a variance to the maximum allowable lot width to depth ratio for those single family lots in excess of 1:3.

 

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 Development.

 

18.              That the developer grant an Aviation Noise Easement (for each phase) to the City and file same with each final plat as required by the Aviation Department.

 

19.              That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

 

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

 

21.              That the developer submit a final community unit project plan to the City Plan Commission for any private open space tracts containing detention areas, pedestrian pathways, pool/cabana, fencing, playground equipment, etc., including a landscaping plan, building elevation and materials for a proposed cabana, and photometric study if lighting is to be utilized in the parking lot of the pool/cabana tract.

 

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