ORDINANCE NO. 060594

Approving a preliminary community unit project in District R-1a on an approximately 63 acre tract of land generally located east of N. Brighton Avenue and south of N.E. 92nd Street (13528-CUP-1)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a preliminary community unit project in District R-1a (One-Family Dwellings) on an approximately 63 acre tract of land generally located east of N. Brighton Avenue and south of N.E. 92nd Street, and more specifically described as follows:

Part of the Southeast Quarter of Section 5 in Township 51, Range 32, Kansas City, Clay County, Missouri, described as follows: Commencing at the center of said Section 5; Thence South 8858'08" East, along the North line of the Southeast Quarter of said Quarter-Section, a distance of 468.00 feet; Thence South 0022'09" West, a distance of 11.00 feet to the Point of Beginning; Thence South 8858'08" East, parallel to the North line of the Southeast Quarter of Section 5-51-32, a distance of 850.84 feet; Thence South 0027'39" West, along the East line of the Southwest Quarter of the Southeast Quarter of Section 5-51-32, a distance of 2,619.61 feet; Thence North 8847'01" West, along the South line of the Southeast Quarter of Section 5-51-32, a distance of 620.64 feet; Thence North 0022'09" East, a distance of 210.02 feet; Thence North 8847'01" West, a distance of 694.08 feet; Thence North 0022'09" East, along the West line of the Southeast Quarter of Section 5-51-32 a distance of 1,103.18 feet; Thence South 8852'35" East, along the North line of the Southwest Quarter of the Southwest Quarter of Section 5-51-32, a distance of 468.01 feet; Thence North 0022'09" East, a distance of 343.96 feet; Thence North 8858'08" West, a distance of 468.00 feet; Thence North 0022'09" East, along the West line of the Southeast Quarter of Section 5-51-32, a distance of 40.00 feet; Thence South 8858'08" East, a distance of 468.00 feet; Thence North 0022'09" East, a distance of 919.00 feet to the Point of Beginning, containing 62.21 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 a macro overall storm drainage study for the entire development to Development Services for approval at the time the first plat is submitted, with a micro detailed storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

3.                  That the developer dedicate additional right of way for N.E. 92nd Street as a collector street with 30 feet of right-of-way from centerline, as required by Development Services.

4.                  That the developer improve N. Brighton Avenue by realigning vertically from about 1,100 feet south of N.E. 92nd Street to about 2,300 feet south, to achieve proper sight distances for the proposed side streets. The re-alignment must be done to the ultimate grade of future N. Brighton Avenue. The improvement includes the construction of 2 12 foot lanes (24' of asphalt), roadside ditches, and grading of the full width of right-of-way, as required by Development Services.

5.                  That the developer vertically realign N. Brighton Avenue from about 70 feet north of N.E. 92nd Street to about 400 feet south of N.E. 92nd Street, to provide adequate sight distance at the intersection. This improvement will be placed at the ultimate grade of future N. Brighton Avenue.

6.                  That the developer widen existing N.E. 92nd Street from N. Brighton Avenue east about 470 feet to the west line of this development. This improvement will be done at or near existing grade, and provide for two 12 foot lanes of traffic.

7.                  That the developer construct a northbound left turn lane on N. Brighton Avenue at N.E. 92nd Street, at ultimate grade, as required by Development Services.

8.                  That the developer improve the south half of N.E. 92nd Street to collector street standards, as required by Development Services.

9.                  That adequate sight distance be provided for each street connection to N.E. 92nd Street and N. Brighton Avenue as required by Development Services.

10.              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.

11.              That temporary on site cul-de-sacs be constructed as required by Development Services.

12.              That any relocated streetlights be integrated into the existing street light system as required by Development Services.

13.              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.

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

15.              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.

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

17.              That the developer extend all water mains to serve proposed lots within the development as required by Development Services.

18.              That the developer provide for fire protection as required by the Fire Department.

19.              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 storm water detention area tracts.

20.              That the developer contribute $17,277.42 in lieu of parkland dedication for 102 single family lots, including the public open space credit for the community pool, in satisfaction of Section 66-128 of the Subdivision Regulations (102 x 0.006 x 3.7 = 2.26 acres less credit).

21.              That the developer submit a final Community Unit Project Plan to the City Plan Commission for approval, including plans for landscaping, signage, grading, building elevations and photometric study showing zero footcandles at the property lines. The final plan shall include berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of signage.

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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney