FOR ORDINANCE NO. 071156
Approving a preliminary community
unit project plan in District R-4 on an approximately 18.75 acre tract of land
generally located at the southeast corner of N.W. 96th Street and Highway 169.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
a preliminary community unit project plan in District R-4 (Low Apartments) on
an approximately 18.75 acre tract of land generally located at the southeast
corner of N.W. 96th Street and Highway 169, and more specifically described as
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.
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 N.W.
95th Terrace for a collector street, and an additional 12 feet of right of way
for an eastbound left turn lane with a minimum storage length of 50 feet plus
tapers at the development entrance as required by Development Services.
4. That the developer improve N.W. 95th Terrace, as required by
Development Services, in accordance with the approved development plan,
including an eastbound left turn lane with a minimum storage length of 50 feet
plus tapers at the development entrance.
5. That the developer dedicate right of way for N.W. 96th Street and provide grading easements as required by Development
Services to accommodate:
a. an eastbound splitter lane and sidewalk at the proposed
roundabout as shown on the development plan
b. a three-lane eastbound cross-section plus eastbound right
turn lane with taper between the roundabout and the development entrance
c. a three-lane eastbound cross-section east of the development
entrance tapering to two lanes at the east plan boundary
6. 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.
7. That the 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
8. 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.
9. 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 final plat.
10. 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.
11. 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.
12. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
13. 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.
14. That the developer provide adequate sight distance for each
drive connection to N.W. 96th Street and N.W. 95th Terrace as required by
15. That N.W./N.E. 96th Street be constructed as a public street
between the development entrance as shown on the development plan and the
existing improvement at N. Main Street with a minimum of two twelve foot lanes
and necessary transitions, prior to a certificate of occupancy being issued for
any unit within the development, as required by Development Services and the Missouri
Department of Transportation.
16. That the developer grant a Surface Drainage Easement to the
City as required by Development Services.
17. 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.
18. That the developer contribute $19,995.80 in lieu of parkland
dedication for 324 multifamily units (324 units X 2.0 X .006, less credit for
1.86 acres of private open space, X $9,859.86 (year 2007) = $19,995.80) in
satisfaction of Section 66-128 of the Subdivision Regulations.
19. 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.
20. That the developer submit a final plan to the City Plan
Commission for approval, including detailed information on landscaping, parking
lot and amenity lighting (including a photometric study showing zero
footcandles at the property line and no direct illumination beyond the property
line) and building elevations, including residential structures, clubhouse,
bathhouse, garages and trash enclosure of similar materials.
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