ORDINANCE NO. 050952
Approving an amendment to a
previously approved community unit project plan in District R-3 on
approximately 49.06 acres generally located on the east side of N. Flintlock
Road and on the north and south sides of N.E. 79th Street. (11661-CUP-13).
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved preliminary plan in District R-3 (Low
Density, Low Apartments) on approximately 49.06 acres generally located on the
east side of N. Flintlock Road and on the north and south sides of N.E. 79th
Street, and more specifically described as follows:
A tract of land in
the Northwest Quarter of Section 14, Township 51, Range 32, Kansas City, Clay
County, Missouri, being bounded described as follows: Commencing at the
northwest corner of said Northwest Quarter; thence South 8920'09" East
along the north line of said Northwest Quarter, 1306.18 feet; thence South
0110'55" West, 1385.13 feet to the true point of beginning; thence South
8922'15" East, 1188.38 feet; thence North 2803'41" East, 409.61
feet; thence North 6156'19" West, 65.43 feet; thence along a curve to the
right, having a radius of 380.00 feet, an arc length of 143.18 to a point of
tangency; thence North 4020'58" West, 131.06 feet; thence along a curve
to the left, having a radius of 320.00 feet, an arc length of 85.19 to a point of
tangency; thence North 5536'07" West, 229.59 feet; thence along a curve
to the left, having a radius of 820.00 feet, an arc length of 384.28 to a point
of reverse curvature; thence along a curve to the right, having a radius of
479.44, an arc length of 336.11 to a point of tangency; thence North
4220'03" West, 24.20 feet; thence along a curve to the left, having a
radius of 470.00 feet, an arc length of 36.44 feet to a point of compound
curvature; thence along a curve to the left, having an initial tangent bearing
of North 5748'18" West, a radius of 25.00 feet, an arc distance of 41.01
feet to a point of compound curvature; thence along a curve to the left, having
a radius of 1232.00 feet, an arc length of 457.49 feet; thence South
0110'59" West, 644.90 feet to the true point of beginning; and that part
of land platted as Lots 1 and 2, Wildoak Subdivision, containing 49.03 acres
more or less
is hereby approved, subject to
the following conditions:
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.
That the developer subordinate to the
City all private interest in the area of any right-of-way dedication as
required by the City Development Department, and that the developer be
responsible for all costs associated with subordination activities.
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 for approval prior to approval of
the next plat and make necessary improvements as required by the City
That the developer submit plans for
grading and siltation and erosion control to the City Development Department,
Development Services Division, for approval prior to beginning any construction
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.
That the developer secure a land
disturbance permit from the Missouri Department of Natural Resources.
That the developer secure a land
disturbance permit from the City Development Department prior to beginning any
construction, grading, clearing, or grubbing activities.
That the developer dedicate additional
right-of-way for N. Flintlock Road, a secondary arterial within the Shoal Creek
Tax Increment Financing Plan, including a bike path, so as to provide a total
of 56 feet of right-of-way as measured from the centerline of N. Flintlock
That the developer improve the southern one-half of N.E. 79th
Street to collector street standards, including curbs, gutters, storm sewers,
sidewalks, streetlights, existing roadway section transitions to meet vertical
and horizontal alignment standards, and relocation of utilities.
That the developer contribute money
in-lieu-of parkland dedication for 324 multi-family units in satisfaction of
Section 66-128 of the Subdivision Regulations at a rate of $9,961.61 per acre
(2004 rate, based upon average cost per acre of parkland for five years
preceding), with balance to be determined after private open space tracts are
credited and prior to request for ordinance.
That the developer secure the approval
of the Board of Zoning Adjustment for a variance to the required 25 foot
setback from N. Flintlock Road for Buildings 12 and 13, as shown on the amended
preliminary community unit project plan, if necessary.
That the developer obtain a floodplain
certificate if any grading is to occur within a floodplain, as required by the
Department of Codes Administration.
That the developer design and install
streetlights as required on all collector streets.
That the developer extend water mains
in public right-of-way as required by the Water Services Department.
That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
the Department of Public Works.
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.
That the developer provide fire
protection as required by the Fire Department.
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
That the developer
submit a final community unit project plan(s) to the City Plan Commission for
approval including plans for landscaping, grading, signage, screening, berming,
fencing, and lighting (provide a photometric study, with the intent that there shall
be no direct illumination beyond the property line); plans for private open
space tracts containing detention areas, pedestrian pathways, pool/clubhouse,
fencing, playground equipment, etc.; and building elevation and materials for
the pool and clubhouse.
A copy of said amendment is on
file in the office of the City Clerk with this ordinance, and it is made a part
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.
Approved as to
form and legality:
Assistant City Attorney