ORDINANCE NO. 050999
Approving a Community Unit
Project plan in District R-1b on an approximately 64.25 acre tract of land
located in the northwest corner of N.E. Barry Road and N. Brighton Avenue.
(13381-CUP-1)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
a Community Unit Project plan in District R-1b on an approximately 64.25 acre
tract of land generally located in the northwest corner of N.E. Barry Road and
N. Brighton Avenue, and more specifically described as follows:
All that part of the South One-Half
of the Northwest Quarter of Section 8, Township 51, Range 32, Kansas City, Clay
County, Missouri, being described as follows: Commencing at the Southwest
corner of the Northwest Quarter of said Section 8; thence North 03041 East,
along the West line of said Northwest Quarter, 63.71 feet to a point on the
North right-of-way line of Northeast Barry Road, as described in Book 273 at
Page 217 in the Office of the Recorder of Deeds in Clay County, Missouri, said
point being the True Point of Beginning of the tract to be herein described;
thence continuing North 03041 East, along said West line, 1251.45 feet to
the Northwest corner of said South One-Half; thence South 890550 East, along
the North line of said South One-Half, 1743.72 feet; thence South 03419
West, parallel with and 882.26 feet West of the East line of said Northwest
Quarter, 530.01 feet; thence South 890550 East, parallel with and 530.00
feet South of the North line of the South One-Half of said Northwest Quarter,
682.27 feet to a point 200.00 feet West of the East line of said Northwest
Quarter; hence South 03419 West, parallel with and 200.00 feet West of the
East line of said Northwest Quarter, 400.32 feet; thence South 890550 East,
170.00 feet to a point on the West right-of-way line of N. Brighton Avenue, as
now established; thence South 03419 West, along said West right-of-way line,
333.13 feet to its intersection with the North right-of-way line of Northeast
Barry Road; thence North 891513 West, along said North right-of-way line,
31.72 feet; thence South 04447 West, along said North right-of-way line,
15.00 feet; thence North 891513 West, along said North right-of-way line,
425.27 feet; thence North 882933 West, along said North right-of-way line,
330.01 feet; thence North 882813 West, along said North right-of-way line,
374.24 feet; thence North 013147 East, along said North right-of-way line,
10.00 feet; thence North 882813 West, along said North right-of-way line,
1045.00 feet; thence South 013147 West, along said North right-of-way line,
5.00 feet; thence North 882813 West, along said North right-of-way line,
388.72 feet to the True Point of Beginning. Containing 63.44 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 Kansas City, Missouri,
commonly known as the Subdivision Regulations.
2. That the developer submit a storm drainage study to
Development Services for approval for the entire development, and that the
developer make any improvements as required by Development Services.
3. That the developer submit plans for grading and siltation and
erosion control to Development Services for approval prior to the commencement
of any construction activities.
4. That the developer obtain a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing or
grubbing activities, if the disturbed area exceeds one acre.
5. That the developer install hard surface roads and provide for
fire protection as required by the Fire Department prior to construction beyond
foundations.
6. That the developer provide exclusive easements and extend
water mains as required by the Water Services Department, including mains in
exclusive easements along N. Brighton Ave. and proposed N..E. Barry Road to the
boundaries of the plats.
7. 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 City Development
Department staff), 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.
8. 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.
9.
That the developer secure a 10-year deferral agreement to construct a
stub-out street located between Lots 37 and 38.
10.
That the developer dedicate additional right of way on the north side of
N.E. Barry Road as required by Development Services so as to provide 30 feet
of right of way as measured from the centerline of N.E. Barry Road.
11.
That the developer improve the north half of N.E. Barry Road to
collector street standards as required by Development Services, including
construction of curb, gutter, sidewalk and installation of streetlights.
12. That the developer submit a final plan for all tracts to the
City Plan Commission for approval, including detailed information on grading,
fencing, landscaping, and signage (including elevations).
13. That
the developer revise the plan to relocate the existing water line easement
which is approximately 200 feet west of N. Brighton and which serves the
property owner to the north, as required by Water Services.
14. That
the developer pay money in lieu of parkland dedication in accordance with
Section 66-128 of the Code.
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