ORDINANCE NO. 080005

 

Approving an amendment to a Community Unit Project plan in District R-2a on approximately 62.1 acres generally located south of N.E. 80th Street, between N. Indiana Avenue on the west and N. Spruce. (13170-CUP-4)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a Community Unit Project in District R-2a (Two-Family Dwellings) on approximately 62.1 acres generally located south of N.E. 80th Street, between N. Indiana Avenue on the west and N. Spruce, and more specifically described as follows:

 

A tract of land lying in the Northeast Quarter of Section 18, Township 51 North, Range 32 West and the Northwest Quarter of Section 17, Township 51 North, Range 32 West, in the Cities of Kansas City and Gladstone, Clay County, Missouri, being more particularly described as follows: Beginning at the Northwest corner of the Northeast Quarter of Section 18-51-32, said Northwest corner also being a point in the centerline of N.E. 80th Street; thence South 89 degrees 32 minutes 45 seconds East, along the North line of the Northeast Quarter of Section 18-51-32 and the centerline of N.E. 80th Street, a distance of 2647.73 feet, to the Northeast corner of the Northeast Quarter of Section 18-51-32, said point also being the Northwest corner of the Northwest Quarter of Section 17-51-32; thence South 88 degrees 56 minutes 59 seconds East, along the North line of the Northwest Quarter of Section 17-51-32, also being the centerline of N.E. 80th Street, a distance of 429.00 feet; thence South 00 degrees 40 minutes 20 seconds West, a distance of 2647.17 feet, to the South line of the Northwest Quarter of Section 17-51-32, also being a point in the centerline of N.E. 76th Street; thence North 88 degrees 45 minutes 49 seconds West, along the South line of the Northwest Quarter of Section 17-51-32, also being the centerline of N.E. 76th Street, a distance of 428.98 feet, to the Southwest corner of the Northwest Quarter of Section 17-51-32, also being the Southeast corner of the Northeast Quarter of Section 18-51-32; thence North 00 degrees 40 minutes 18 seconds East, along the West line of the Northwest Quarter of Section 17-51-32, a distance of 1984.34 feet, to the Northeast corner of Claybrook, Second Plat, a subdivision of land in Kansas City and Gladstone, Clay County, Missouri; thence North 89 degrees 31 minutes 23 Seconds West, along the North line of Claybrook Second Plat and the North line of Claybrook First Plat, a subdivision of land in Kansas City and Gladstone, Clay County, Missouri, 1321.96 feet to the Northwest corner of Claybrook First Plat, said Northwest corner being a point in the centerline of N.E. Antioch Road and on the East line of Gladstone Acres, a subdivision of land in Kansas City, Clay County, Missouri; thence North 00 degrees 30 minutes 28 seconds East, along the East line of Gladstone Acres and the centerline of N.E. Antioch Road, a distance of 140.83 feet, to the Northeast corner of Gladstone Acres; thence South 89 degrees 56 minutes 15 seconds West, along the North line of Gladstone Acres, a distance of 1322.46 feet, to the Northwest corner of Gladstone Acres, also being on the West line of the Northeast Quarter of Section 18-51-32; thence North 00 degrees 20 minutes 54 seconds East, along the West line of the Northeast Quarter of Section 18-51-32, a distance of 532.00 feet, to the Point of Beginning. Contains 62.12 Acres.

 

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 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 Development Services.

 

3.                  That the developer fulfill the terms and conditions set forth in the February 8, 2006 cooperative agreement regarding improvements to N. Spruce Avenue and N.E. 80th Street as required by the Parks and Recreation Department and the Department of Public Works

 

4.                  That the developer design all roundabouts within the development so that they are designed and constructed as mini-roundabouts by the developer, as required by the Department of Public Works.

 

5.                  That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, with all costs associated with such subordination activities to be borne by the developer.

 

6.                  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.

 

7.                  That the developer secure permits to construct new and reconstruct existing sidewalks, curb, gutter, storm sewers and streetlights as necessary along all development street frontages, as required by Development Services, prior to recording the next plat

 

8.                  That the developer integrate any relocated streetlights into the existing street light system as required by Development Services.

 

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

 

10.              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

 

11.              That the developer extend sanitary sewers from the southern property line to the northern property line to provide connectivity for properties north of N.E. 80th Street, as required by Development Services.

 

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

 

13.              That the developer provide adequate sight distance for each street connection and driveways to N.E. 80th Street and N. Spruce Avenue as required by Development Services.

 

14.              That the developer provide access restrictions to restrict access to only N.E. 79th Terrace for Lots 96-102 and that the restriction be placed on the Final Plat

 

15.              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 tracts.

 

16.              That the developer contribute money in lieu of parkland dedication in the amount of $22,048.62 in satisfaction of Section 66-128 of the Subdivision Regulations.

 

17.              That the developer secure the approval of the Street Naming Committee for all street names prior to the submittal of the first final plat.

 

18.              That the developer submit a street tree planting plan as part of the final plat and 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. The plan shall include size, type, species and placement of trees

 

19.              That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, grading, building elevations for each structure per staff approval, and lighting, including a photometric study showing zero footcandles at the property lines.

 

20.              That the developer obtain approval from the Parks and Recreation Department for the proposed portion of N.E. 79th Street passing through property originally dedicated to the Parks and Recreation Department for Maplewoods Parkway.

 

21.              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.

 

22.              That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

23.              That the developer secure permits for the sidewalks along Lots 30 through 37 at the time street improvement permits are secured. Sidewalks shall be installed per the sidewalk installation plan reviewed and accepted by Development Services.

 

24.              That the developer secure permits to repair existing or reconstruct sidewalks, curbs, gutters, and storm sewers as necessary along all development street frontages, or submit a letter from a Missouri licensed civil engineer stating that the sidewalks, curbs, and gutters are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat

 

25.              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.

 

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

 

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

 

A copy of said amendment to a 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