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Legislation #: 050249 Introduction Date: 3/3/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a Community Unit Project on approximately 459 acres generally located on the north side of N.E. 96th Street, from a point located approximately one-quarter mile east of N. McKinley Avenue, extending westerly approximately one-quarter mile along N.E. 96th Street with a portion of the development extending to future N. Eastern Avenue on the west and north of N.E 103rd Terrace on the north. (12359-CUP-13).

Legislation History
DateMinutesDescription
3/2/2005 Filed by the Clerk's office
3/3/2005 Referred to Planning, Zoning & Economic Development Committee
3/23/2005 Advance and Do Pass, Debate
3/24/2005 Passed

View Attachments
FileTypeSizeDescription
adv050240,242,248,249,277,278,285.pdf Advertise Notice 72K adv
050249.pdf Authenticated 270K Authenticated
C012359CUP13_legaldsc_02-15-05.doc Legal Description 24K Legal Description
C012359CUP13_stfrpt_02-15-05.doc Staff Report 873K Staff Report
fs12359cup13_ContinuedOnWord.doc Fact Sheet 61K Fact Sheet continued
fs12359CUP13.xls Fact Sheet 75K Fact Sheet part 1

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050249

 

Approving a Community Unit Project on approximately 459 acres generally located on the north side of N.E. 96th Street, from a point located approximately one-quarter mile east of N. McKinley Avenue, extending westerly approximately one-quarter mile along N.E. 96th Street with a portion of the development extending to future N. Eastern Avenue on the west and north of N.E 103rd Terrace on the north. (12359-CUP-13).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project on approximately 459 acres generally located on the north side of N.E. 96th Street, from a point located approximately one-quarter mile east of N. McKinley Avenue, extending westerly approximately one-quarter mile along N.E. 96th Street with a portion of the development extending to future N. Eastern Avenue on the west and north of N.E 103rd Terrace on the north, and more specifically described as follows:

 

A tract of land in the Northwest Quarter, the Northeast Quarter, The Southeast Quarter and the Southwest 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 00o3126 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 (NE 96th Street), as now established, said point being the True Point of Beginning of the tract to be herein described; thence Southwesterly along said North right-of-way line, on a curve to the left, having an initial tangent bearing of South 70o4204 West, a radius of 607.96 feet, a central angle of 10o3035, an arc distance of 111.52 feet; thence South 60o1129 West, along said North right-of-way line, 185.20 feet; thence Southwesterly, along said North right-of-way line, on a curve to the right, tangent to the last described course, having a radius of 681.20 feet, a central angle of 29o4500, an arc distance of 353.70 feet; thence South 89o5629 West, along said North right-of-way line, 366.49 feet; thence North 01o5245 East, 55.85 feet; thence North 21o0542 East, 328.62 feet; thence North 57o4750 West, 79.32 feet; thence North 64o5154 West, 650.88 feet; thence South 88o0540 West, 111.11 feet; thence South 74o5830 West, 651.22 feet; thence South 82o1044 West, 78.23 feet; thence South 89o3534 West, 78.23 feet; thence North 82o5936 West, 78.23 feet; thence North 77o0758 West, 318.94 feet; thence South 71o2327 West, 103.84 feet; thence South 16o2431 East, 28.38 feet; thence Southerly, on a curve to the right, tangent to the last described course, having a central angle of 16o2100 and a radius of 800.00 feet, an arc distance of 228.29 feet; thence South 00o0331 East, 283.58 feet to a point on the aforementioned North right-of-way line of Missouri Highway NN (NE 96th Street); thence North 88o5531 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, a central angle of 06o2532, 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 00o4659 East, along said West line, 2484.65 feet to the Northwest corner of said East one-half; thence North 89o1459 West, along the South line of said Northwest Quarter, 1321.27 feet to the Southwest corner of said Northwest Quarter; thence North 0o2823 East, along the West line of said Northwest Quarter, 408.09 feet; thence Northeasterly, along a curve to the right, tangent to the last described course, having a radius of 1100.00 feet, a central angle of 28o0429, an arc distance of 539.00 feet; thence North 28o3252 East, 211.54 feet; thence Northerly, along a curve to the left, tangent to the last described course, having a radius of 980.00 feet, a central angle of 46o0120, an arc distance of 787.17 feet; thence North 17o2828 West, 768.46 feet to a point on the North line of said Northwest Quarter; thence South 89o3003 East, along said North line, 2565.82 feet to the Northwest corner of the Northeast Quarter of said Section 34; thence South 89o3248 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 00o0852 West, along the East line of said West 50 acres, 1313.69 feet to the Southeast corner of said West 50 acres, thence North 89o2331 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 00o1840 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 89o1410 East, along the North line of said South 22 acres, 1325.09 feet to the Northeast corner of said South 22 acres; thence South 00o2826 West, along the East line of said Northeast Quarter, 723.78 feet to the Northeast corner of said Southeast Quarter; thence South 00o3126 West, along the East line of said Southeast Quarter, 2215.02 feet to the True Point of Beginning. Containing 458.54 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 Certificate of Survey to the Department of City Development for approval prior to sale of individual units and provide language on the final plat stating: "Lots or tracts established by this plat may be further subdivided by application for lot split or minor subdivision, provided that building walls and openings on or adjacent to property lines shall be constructed with appropriate fire-resistant ratings as required by Chapter 18, Kansas City Building and Rehabilitation Code, Code of Ordinances.

 

3)                        That the developer submit a 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 the necessary improvements as required by the City Engineer's Office.

 

4)                        That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

 

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

 

6)                        That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities.

 

7)                        That the developer dedicate right-of-way for N. Eastern Avenue as required by the Department of Public Works so as to provide a minimum of 46 feet of right-of-way as measured from the centerline of N. Eastern Avenue. (Note: This would be 40 ft. of right-of-way plus six ft. for a bike lane).

 

8)                        That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including curb, gutter, storm sewers, streetlights, sidewalks, grade modifications resulting in reconstruction of existing road section to meet vertical and horizontal alignment standards, and private utility relocations to outside the right-of-way.

 

9)                        That the developer make any improvements as required by the approved traffic study, as required by the Department of Public Works.

 

10)                    That the developer submit an updated traffic study regarding the need for traffic signals at N.E. 96th Street and Tullis Avenue and at N.E. 96th Street and N. McKinley Avenue with the plat application containing the 1,000th residential unit and that the developer make improvements as required by the updated traffic study, as required by the Department of Public Works.

 

11)                    That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by the Department of Public Works and that the developer be responsible for all costs associated with subordination activities.

 

12)                    That prior to request for ordinance for each final plat, the developer submit a street tree planting plan as part of the final plat, with a copy to be submitted to the Department of City Development; and further, that the developer secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

 

13)                    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.

 

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

 

15)                    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.

 

16)                    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

 

17)                    That the developer provide fire protection as required by the Fire Department.

 

18)                    That the developer submit an extension of covenants, conditions, and restrictions to the Law Department for approval by the City for the maintenance of any private open spaces and any detention areas and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, with each final plat.

 

19)                    That the developer show the limits of the 100-year floodplain on the final plat.

 

20)                    That the developer construct off-site temporary cul-de-sacs as required by the Department of Public Works.

 

21)                    That the developer submit final community unit project plans to the City Plan Commission for approval including plans for landscaping, grading, signage, screening, berming, and fencing.

 

A copy of said Community Unit Project plan is on file in the office of the City Clerk with this ordinance, which is attached hereto and 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