ORDINANCE NO. 040489, AS AMENDED

 

Repealing Committee Substitute for Ordinance No. 031096 that approved a Community Unit Project on an approximately 28 acre tract of land generally located at the southwest corner of N.W. Englewood Road and Missouri Highway 169and enacting in lieu thereof a new ordinance of like subject matter that corrects Condition No. 7 to require 75 feet of right of way dedication rather than 150 feet. (12970-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Committee Substitute for Ordinance No. 031096 is hereby repealed in its entirety.

 

Section B. That a Community Unit Project on an approximately 28 acre tract of land generally located at the southwest corner of N.W. Englewood Road and Missouri Highway 169, and more specifically described as follows:

 

TRACT 1-E: A tract of land in Section 34, Township 51, Range 33 East, more particularly described as follows: Commencing at the northeast corner of the Northwest Quarter of the Northeast Quarter of Section 34, Township 51, Range 33; thence North 89E1313 West, a distance of 153.09 feet; thence South 00E3957 West, a distance of 76.75 feet to the true point of beginning; thence South 04E4816 East, a distance of 952.81 feet; thence South 90E0000 West, a distance of 1081.26 feet; thence North 43E2433 East, a distance 519.64 feet; thence South 89E5736 West, a distance of 93.67 feet; thence North 43E2433 East, a distance of 135.19 feet; thence North 84E4123 East, a distance of 22.81 feet; thence North 16E3542 East, a distance 204.68 feet; thence North 00E4259 West, a distance of 146.90 feet; thence North 16E0237 West, a distance of 186.00 feet; thence South 89E1313 East, a distance of 423.05 feet; thence South 77E0706 East, a distance of 199.14 feet to the point of beginning. Containing 716,175.37 square feet or 16.4411 acres, more or less.

 

TRACT 1-F: A tract of land in Section 34, Township 51, Range 33 East, more particularly described as follows: Commencing at the southeast corner of the Northwest Quarter of the Northeast Quarter of Section 34, Township 51, Range 33; thence North 89E1330 West, a distance of 40.25 feet to the true point of beginning; thence South 89E1330 West, a distance of 166.50 feet; thence South 00E1949 West, a distance of 160.59 feet; thence North 88E5756 West, a distance 1280.40 feet; thence North 01E0853 West, a distance of 65.29 feet; thence North 43E2433 East, a distance of 499.19 feet; thence North 90E0000 East, a distance of 1081.26 feet; thence South 04E816 East, a distance 293.73 feet to the point of beginning. Containing 546,215.56 square feet or 12.5394 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, as amended, 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.

 

3. That the developer submit a macro/micro storm drainage study for the entire development to the City Engineer's Office for approval when the first plat is submitted and that the developer construct any 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 additional right of way for N.W. Englewood Road as required by the Parks and Recreation Department so as to provide a minimum of 75 feet of right of way as measured from the centerline of N.W. Englewood Road.

 

8. That the developer comply with recommendations of the walkability plan as required by the Department of Public Works and the Department of City Development.

 

9. That the developer construct the easternmost access as shown on the preliminary development plan so as to meet AASHTO criteria for intersection sight distance, as required by the Department of Public Works.

 

10. That prior to issuance of certificates of occupancy for any buildings within the first phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct an eastbound right turn lane on N.W. Englewood Road at the southbound on-ramp of Highway 169 of a minimum of 220 feet in length with adequate taper, as required by the Department of Public Works.

 

11. That prior to issuance of certificates of occupancy for any buildings within the first phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct an eastbound through

lane on N.W. Englewood Road at the southbound on-ramp of Highway 169 of a minimum of 220 feet in length with adequate taper, as required by the Department of Public Works.

 

12. That prior to the issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a westbound left turn lane on N.W. Englewood Road at the easternmost access of a minimum of 150 feet in length with adequate taper, as required by the Department of Public Works.

 

13. That prior to the issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a 300 foot southbound right turn lane on the southbound off-ramp of Highway 169 at N.W. Englewood Road, in accordance with the traffic study as approved by the Department of Public Works.

 

14. That prior to the issuance of any building permits for any buildings within the final phase of the community unit project plan and/or commercial plan, per phasing shown on the approved development plans, the developer construct a 380 foot westbound right turn lane on N.W. Englewood Road at the northbound on-ramp of Highway 169, in accordance with the traffic study as approved by the Department of Public Works.

 

15. That the developer request that the Department of Public Works initiate an ordinance to establish or reestablish the grade on existing streets that are being improved, where roads are converted from private to public, or where existing grades change by more than six inches and the grades have been previously established, as required by the Department of Public Works.

 

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

 

17. That the developer obtain grading consents and all grading, temporary construction and drainage easements from the abutting property owner prior to submitting any public improvements

 

18. That the developer integrate any relocated streetlights into the existing street light system as required by the Department of Public Works and, if along state highway frontage, the Missouri Department of Transportation.

 

 

19. That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including construction of curb, gutter, storm sewers, and sidewalks and installation of streetlights.

 

20. That the developer obtain a floodplain certificate if any grading is to occur within a floodplain as required by the Department of Codes Administration.

 

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

 

22. 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.

 

23. That the developer submit a street name signage plan for review and approval by the Street Naming Committee for all street names prior to the submittal of the first final plat.

 

24. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

 

25. That the developer extend and/or relocate water lines as required by the Water Services Department.

 

26. That the developer extend and or relocate sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots in accordance with City standards and determine adequacy as required by the Department of Public Works.

 

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

 

28. That the developer submit covenants, conditions, and restrictions to the Law Department for approval for maintenance of any private open spaces and any detention areas with the final plat.

 

29. That the developer construct off-site and/or temporary cul-de-sacs as required by the Department of Public Works.

 

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

 

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 040489, which is attached hereto and made a part hereof.

 

Section C. 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