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Legislation #: 090334 Introduction Date: 4/23/2009
Type: Ordinance Effective Date: 5/31/2009
Sponsor: None
Title: Approving a preliminary Community Unit Project plan in District R-3 on an approximately 53.1 acre tract of land generally located on the west side of N. Eastern Avenue about 1/4 mile south of N.E. 108th Street. (12124-CUP-4)

Legislation History
DateMinutesDescription
4/23/2009 Filed by the Clerk's office
4/23/2009 Referred to Planning and Zoning Committee
5/13/2009 Do Pass
5/14/2009 Assigned to Third Read Calendar
5/21/2009 Passed

View Attachments
FileTypeSizeDescription
090334.pdf Authenticated 240K AUTHENTICATED
090331,332,333,334.pdf Advertise Notice 8K Advertise Notice
C012124CUP4_FACTSHT.xls Fact Sheet 66K Fact Sheet
C012124CUP4_STAFFRPT02_03_09.doc Staff Report 95K Staff Report
12124-CUP-4 docket map.pdf Maps 105K Docket Map

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ORDINANCE NO. 090334

 

Approving a preliminary Community Unit Project plan in District R-3 on an approximately 53.1 acre tract of land generally located on the west side of N. Eastern Avenue about 1/4 mile south of N.E. 108th Street. (12124-CUP-4)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project plan in District R-3 (Low Apartments, Low Density) on an approximately 53.1 acre tract of land generally located on the west side of N. Eastern Avenue about 1/4 mile south of N.E. 108th Street, and more specifically described as follows:

 

A tract of land in the Southwest Quarter of Section 27 and in Southeast Quarter of Section 28, all in Township 52 North, Range 32 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Northeast corner of said Southeast Quarter; thence South 00 degrees 25 minutes 36 seconds West along the East line of said Southeast Quarter, 626.02 feet; thence North 89 degrees 34 minutes 24 seconds West, 210.94 feet to a point on the Westerly right-of-way line of N. Eastern Avenue, as established by Book 5108 in Page 170, said point being also the True Point of Beginning of the tract to be herein described; thence North 62 degrees 59 minutes 51 seconds West, 37.32 feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of 340.00 feet, a central angle of 07 degrees 21 minutes 33 seconds, an arc distance of 43.67 feet; thence Westerly, on a curve to the left, having a common tangent with the last described course, a radius of 200.00 feet, a central angle of 21 degrees 56 minutes 52 seconds, an arc distance of 76.61 feet; thence South 87 degrees 42 minutes 25 seconds West, 42.79 feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of 330.00 feet, a central angle of 26 degrees 20 minutes 01 seconds, an arc distance of 151.67 feet; thence South 63 degrees 01 minutes 03 seconds West, 27.01 feet; thence Westerly, on a curve to the right, tangent to the last described course, having a radius of 15.00 feet, a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 23.56 feet; thence North 26 degrees 58 minutes 57 seconds West, 124.27 feet; thence Northerly, on a curve to the right, tangent to the last described course, having a radius of 350.00 feet, a central angle of 21 degrees 55 minutes 39 seconds, an arc distance of 133.95 feet; thence South 85 degrees 44 minutes 18 seconds West, 310.04 feet; thence North 88 degrees 35 minutes 59 seconds West, 323.51 feet to a point on the West line of the East One-half of said Southeast Quarter; thence South 00 degrees 28 minutes 26 seconds West along said West line, 2208.47 feet to the Southwest corner of the East One-half of said Southeast Quarter; thence South 89 degrees 11 minutes 19 seconds East along the South line of said Southeast Quarter, 1321.73 feet to the Southwest corner of said Southwest Quarter; thence South 89 degrees 30 minutes 00 seconds East along the South line of said Southwest Quarter, 10.66 feet to a point on the aforementioned Westerly line of said N. Eastern Avenue; thence North 17 degrees 30 minutes 37 seconds West (D-North 17 degrees 31 minutes 17 seconds West) along said Westerly line, 1028.37; thence Northerly, along said Westerly line, on a curve to the right, tangent to the last described course, having a radius of 1296.00 feet, a central angle of 44 degrees 30 minutes 46 seconds, an arc distance of 1006.86 feet; thence North 27 degrees 00 minutes 09 seconds East (D-North 26 degrees 59 minutes 29 seconds East) along said Westerly line, 47.32 feet to the True Point of Beginning. Containing 53.10 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 no final plat be recorded until the intersection of N.E. 108th Street and N. Eastern Avenue is improved so as to provide for a minimum of one 100 feet long northbound left-turn lane, one northbound through lane, one 175 feet long northbound right-turn lane, one southbound lane, one 100 feet long eastbound left-turn lane, one eastbound through lane, one 100 feet long eastbound right-turn lane, one 100 feet long westbound left-turn lane, and one westbound through-right lane, plus all appropriate tapers and transitions, and other improvements to N. Eastern Avenue, as shown on the approved development plan, as required by the Department of Public Works.

 

3. That the developer secure permits for the improvements to N. Eastern Avenue, as shown on the approved development plan, prior to recording the plat, as required by Development Services.

 

4. That the developer secure permits for the construction of sidewalks along N. Eastern Avenue and along tract frontages, as shown on the approved development plan, at the time street improvement permits are secured prior to recording the plat, as required by Development Services.

 

5. 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 final plat and make necessary improvements as required by Development Services.

6. 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, prior to recording the plat.

 

7. 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, 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 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 now and in the future.

 

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

 

11. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

12. That the developer provide adequate sight distance for each street connection to N. Eastern Avenue and N.E. 108th Street as required by Development Services.

13. That the developer provide access restrictions to prohibit direct vehicular access to Eastern Avenue from all residential lots or units and that the restrictions be placed on the final plat as required by Development Services.

 

14. That the developer submit a street tree planting plan prior to or concurrent with the 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.

 

15. 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.

 

16. That the developer receive the approval of the Board of Zoning Adjustment for any necessary parking variances.

 

17. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (including within tracts), lighting of parking areas (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line) and building elevations.

 

18. That the developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat.

 

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.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney