KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 030391 Introduction Date: 3/27/2003
Type: Ordinance Effective Date: 6/8/2003
Sponsor: None
Title: Amending Section A of Ordinance No. 000153 by deleting Condition No. 7 in connection with the preliminary plat of Communities of Benson on approximately a 310.42 acre tract of land generally located on the north side of N.E. 96th Street, approximately 1.2 miles east of I-435. (12359-CUP-1)

Legislation History
DateMinutesDescription
3/27/2003

Prepare to Introduce

3/27/2003

Referred Planning, Zoning & Economic Development Committee

4/16/2003

Hold On Agenda

5/14/2003

Hold On Agenda

5/28/2003

Advance and Do Pass as a Committee Substitute

5/29/2003

Passed as Substituted


View Attachments
FileTypeSizeDescription
030391.pdf Other 1133K Authenticated and addl docs

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030391

 

Amending Section A of Ordinance No. 000153 by deleting Condition No. 7 in connection with the preliminary plat of Communities of Benson on approximately a 310.42 acre tract of land generally located on the north side of N.E. 96th Street, approximately 1.2 miles east of I-435. (12359-CUP-1)

 

WHEREAS, on January 4, 2000, the Council approved the preliminary plat of Communities of Benson on an approximately 310.42 acre tract of land generally located on the north side of N.E. 96th Street (12359-CUP-1) by Ordinance No. 000153, that included a certain condition that required the developer to improve N.E. 96th Street to arterial street standards as required by the Department of Public Works, including construction of curbs, gutters and sidewalks and installation of streetlights; and

 

WHEREAS, the Public Works Department, the City Development Department and the developer have determined that it is appropriate and in the best interest of the City to repeal condition number 7 originally specified in Ordinance No. 000153 for the preliminary plat so that the developer will pay the impact fee rather than make the improvement; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Amending Ordinance No. 000153 by repealing Section A and enacting a new Section A, in connection with the preliminary plat on an approximately 310.42 acre tract of land generally located N.E. 96th Street, by deleting Condition No. 7, to read as follows:

 

Section A. That a Community Unit Project on an approximately 310.42 acre tract of land generally located on the north side of N.E. 96th Street, approximately 1.2 miles east of I-435, and more specifically described as follows:

 

A tract of land in the Southwest Quarter, the Southeast Quarter and the Northeast Quarter of Section 34, Township 52, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southeast corner of the Southeast Quarter of said Section 34; thence North 00E31'26" East, along the east line of said Southeast Quarter, 419.17 feet to a point on the north right of way line of Missouri Highway NN (N.E. 96th Street), as now established, said point being the true point of beginning of the tract to be herein described; thence southwesterly along said right of way line, on a curve to the left, having an initial tangent bearing of South 70E42'04" West, a radius of 607.96 feet, an arc distance of 111.52 feet; thence South 60E11'29" West, along said right of way line, tangent to the last described course, 185.20 feet; thence southwesterly, on a curve to the right, tangent to the last described course, having a radius of 681.20 feet, an arc distance of 353.70 feet; thence South 89E56'29" West, along said right of way line, tangent to the last described course, 366.49 feet; thence North 01E52'45" East, 55.85 feet; thence North 21E05'42" East, 328.62 feet; thence North 57E47'50" West, 79.32 feet; thence North


64E51'54" West, 650.88 feet; thence South 88E05'40" West, 111.11 feet; thence South 74E58'30" West, 651.22 feet; thence South 82E10'44" West, 78.23 feet; thence South 89E35'34" West, 78.23 feet; thence North 82E59'36" West, 78.23 feet; thence North 77E07'58" West, 318.94 feet; thence South 71E23'27" West, 103.84 feet; thence South 16E24'31" East, 28.38 feet; thence southerly, on a curve to the right, tangent to the last described course, having a central angle of 16E21'00" and a radius of 800.00 feet, an arc distance of 228.29 feet; thence South 00E03'31" East, tangent to the last described course, 283.58 feet to a point on the aforementioned north right of way line of Missouri Highway NN (N.E. 96th Street); thence North 88E55'31" West, along said north right of way line, 809.52 feet; thence westerly along said right of way line, on a curve to the left, tangent to the last described course, having a radius of 2899.79 feet, an arc distance of 325.21 feet to a point on the west line of the East One-Half of said Southwest Quarter; thence North 00E46'59" East, along said west line, 2483.54 feet to the northwest corner of said East One-Half; thence South 89E17'45" East, along the north line of said Southwest Quarter, 1319.26 feet to the southwest corner of said Northeast Quarter; thence North 00E08'52" East, along the west line of said Northeast Quarter, 2618.39 feet to the northwest corner of said Northeast Quarter; thence South 89E32'48" East, along the north line of said Northeast Quarter, 1663.09 feet to the northeast corner of the west 50 acres of the North One-Half of said Northeast Quarter; thence South 00E08'52" West, along the east line of said west 50 acres, 1313.69 feet to the southeast corner of said west 50 acres, thence North 89E23'31" West, along the south line of the North One-Half of said Northeast Quarter, 336.37 feet to the northeast corner of the Southwest Quarter of said Northeast Quarter; thence South 00E18'40" West, along the east line of the Southwest Quarter of said Northeast Quarter, 588.97 feet to the northwest corner of the south 22 acres of the East One-Half of said Northeast Quarter; thence South 89E14'10" East, along the north line of said south 22 acres, 1325.09 feet to the northeast corner of said south 22 acres; thence South 00E28'26" West, along the east line of said Northeast Quarter, 723.78 feet to the northeast corner of said Southeast Quarter; thence South 00E31'26" West, along the east line of said Southeast Quarter, 2215.02 feet to the true point of beginning. Containing 310.42 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, as amended, commonly known as the Subdivision Regulations.

 

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval when the first final plat is submitted and that the developer construct any improvements as required by the City Engineers Office.

 

3. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any construction activities.

4. That the developer secure a land 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.

 

5. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

 

6. That the developer dedicate additional right of way for N.E. 96th Street as required by the Department of Public Works so as to provide a total of 50 feet of right of way as measured from the centerline of N.E. 96th Street.

 

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

 

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

 

9. That the developer submit a street tree planting plan as part of the final plat and 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 Department of City Development. The plan shall include size, type, species and placement of trees.

 

10. That the developer submit a street name signage plan to the Street Naming Committee for approval prior to the submittal of the first final plat.

 

11. That the developer construct temporary cul-de-sacs as required by the Department of Public Works.

 

12. That the developer extend sanitary sewers as required by the Department of Public Works.

 

13. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of the private open space and detention/retention areas.

 

14. That the developer submit a final plan to the City Plan Commission for approval, including plans for detention areas, private open space, pedestrian pathways, landscaping, grading, screening, berming, signage and building materials for the pool and clubhouse.

 

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 000153, which is attached hereto and made a part hereof.

 

Section 2. That the Council finds and declares that before taking any action on the proposed preliminary plat hereinabove described, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 66, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney