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Legislation #: 071220 Introduction Date: 11/8/2007
Type: Ordinance Effective Date: 12/16/2007
Sponsor: None
Title: Approving a Community Unit Project on an approximately 61 acre tract of land generally located on the northeast corner of N. Prospect Avenue and N.E. Barry Road. (6595-CUP-6)

Legislation History
DateMinutesDescription
11/6/2007 Filed by the Clerk's office
11/8/2007 Referred to Planning and Zoning Committee
11/28/2007 Do Pass
11/29/2007 Assigned to Third Read Calendar
12/6/2007 Passed

View Attachments
FileTypeSizeDescription
071220.pdf Authenticated 228K Authenticated
071219, 220, 221, 240, 241 Affidavit of Publication.pdf Other 51K Affidavit of Publication
Adv. 112807.pdf Advertise Notice 8K Advertise Notice
071220 Mailing List.pdf Plan Mailing List 115K Mail List
071220 Docket Map.pdf Maps 84K Document Maps
staff report1.doc Advertise Notice 541K staff report
C006595CUP6_Fact_Sheet.doc Fact Sheet 50K Fact Sheet

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ORDINANCE NO. 071220

 

Approving a Community Unit Project on an approximately 61 acre tract of land generally located on the northeast corner of N. Prospect Avenue and N.E. Barry Road. (6595-CUP-6)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project on an approximately 61 acre tract of land generally located on the northeast corner of N. Prospect Avenue and N.E. Barry Road, and more specifically described as follows:

 

A tract of land over part of the Southwest Quarter of Section 6 and part of the North Half of the Northwest Quarter of Section 7, both in Township 51, Range 32, in the City of Kansas City, Clay County, Missouri, described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Section 6; thence South 0018'45" West, along the West line of said Southwest Quarter, a distance of 1083.00 feet, to the Point of Beginning; thence continuing South 0018'45" West, along said West line, a distance of 1544.08 feet, to the Southwest corner of said Southwest Quarter, said point also being the Northwest corner of the Northwest Quarter of said Section 7; thence South 0020'14" East, along the centerline of relocated North Prospect Avenue, as now established, a distance of 121.52 feet, to a point of curvature; thence Southerly and Southeasterly, continuing along the centerline of said relocated North Prospect Avenue, and along a curve to the left, having a radius of 572.96 feet and a central angle of 2634'15", a distance of 265.71 feet, to a point of tangency; thence South 2614'01" East, continuing along said centerline and its Southerly prolongation, a distance of 1010.91 feet, to a point on the South line of the North Half of the Northwest Quarter of said Section 7; thence South 8934'56" East, along the South line of the North Half of said Northwest Quarter, a distance of 694.07 feet, to a point on the West line of the East 40 Acres of said North Half; thence North 0024'19" East, along the West line of said East 40 Acres, a distance of 1289.99 feet, to a point on the North line of the Northwest Quarter of Section 7; thence North 8959'52" West, along the North line of said Northwest Quarter, a distance of 312.33 feet, to the Southwest corner of a tract of land conveyed to Ernest R. Davis and Alma Davis, husband and wife, by Document No. C-36747, and recorded in Book 1022 at page 587; thence North 0012'39" East, along the West line of said Davis Tract, a distance of 738.50 feet, to a point on the South line of a tract of land conveyed to Darwin G. Brooks and Marjorie C. Brooks, husband and wife, by Document No. B-95963, and recorded in Book 881 at Page 667; thence North 8959'52" West, along the South line of said Brooks Tract, a distance of 8.95 feet, to the Southwest corner of said Brooks Tract; thence North 0012'39" East, along the West line of said Brooks Tract and a tract of land conveyed to T. H. Davis and Nancy Jane Davis, husband and wife, by Document No. A-67641, and recorded in Book 557 at Page 230, a distance of 805.55 feet, to a point on the South line of a tract of land conveyed to John R. Johnson and Dorothy D. Johnson, husband and wife, by Document recorded in Book 466 at Page 231; thence North 8959'47" West, along the South line of said Johnson Tract, a distance of 884.30 feet, to the Point of Beginning, except that part of the West side being used for roadway and except any other part in roadway, containing a gross area of 61.12 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 review and acceptance 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 a collector street as required by Development Services so as to provide a minimum of 30 feet of right of way as measured from the centerline of N. Prospect Avenue.

 

(4) That the developer improve the eastern one-half of N. Prospect Avenue to collector street standards as required by Development Services, including a pavement width of a minimum of 24 feet, curbs, gutters, storm sewers, sidewalks, streetlights on the east side adjacent to Phases 1 and 2, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities as required by Development Services at such time as Phase 1 is platted.

 

(5) 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.

 

(6) 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.

 

(7) 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.

 

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

 

(9) 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.

 

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

 

(11) 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.

 

(12) That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

(13) That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on the final plat.

 

(14) That the developer grant a BMP Easement to the City as required by Development Services.

 

(15) That the developer grant a Tree Preservation Easement to the City, as required by Development Services, on the final plat.

 

(16) That the developer submit covenants, conditions and restrictions to Development Services for review by the Law Department for approval for the maintenance of common elements and private open space tracts and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

 

(17) That the developer enter into a deferral agreement to improve the remaining eastern half of N. Prospect Avenue to collector street standards, including a pavement width of a minimum of 24 feet, construction of curb, gutter, and sidewalks, and installation of streetlights on the east side adjacent to Phases 5 and 7, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities as required by Development Services at such time as Phase 5 is platted.

 

(18) That the developer extend water mains and provide easements as required by the Water Services Department.

 

(19) That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage, grading and building elevations.

 

(20) That the developer contribute $24,728.53 in-lieu-of parkland dedication for 209 multifamily lots (209 x 2 persons per household x 0.006 acre per person x $9,961.61) in satisfaction of Section 66-128 of the Subdivision Regulations at a rate of $9,859.86 per acre (average cost per acre of parkland for 2007.)

 

(21) That the developer submit a street tree planting plan as part of the final plat, 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 Department of City Development), 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.

 

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