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Legislation #: 970493 Introduction Date: 4/17/1997
Type: Ordinance Effective Date: 7/5/1997
Sponsor: None
Title: Approving a Community Unit Project on an approximately 18.10 acre tract of land generally located east of N. Oak Trafficway, between N.E. 106th Street and N. E. Shoal Creek Parkway. (11924-CUP-1)

Legislation History
DateMinutesDescription
4/17/1997

Prepare to Introduce

4/17/1997

Referred Planning, Zoning & Economic Development Committee

5/7/1997

Hold On Agenda

5/14/1997

Hold On Agenda

5/21/1997

Hold On Agenda

5/28/1997

Hold On Agenda

6/4/1997

Hold Off Agenda

6/25/1997

Advance and Do Pass as a Committee Substitute

6/26/1997

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970493

 

Approving a Community Unit Project on an approximately 18.10 acre tract of land generally located east of N. Oak Trafficway, between N.E. 106th Street and N. E. Shoal Creek Parkway. (11924-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project on an approximately 18.10 acre tract of land generally located east of N. Oak Trafficway, between N.E. 106th Street and N. E. Shoal Creek Parkway, and more specifically described as follows:

 

All that part of the Southeast Quarter of Section 26, Township 52, Range 33, in the City of Kansas City, Clay County, Missouri, described as follows: Commencing at the northwest corner of the Southeast Quarter of said Section 26; thence South 89 30'57" East along the north line of the Southeast Quarter of said Section 26, a distance of 710.00 feet to the point of beginning of the tract of land herein to be described; thence continuing South 89 30'57" East along the north line of the Southeast Quarter of said Section 26, a distance of 290.00; thence South 00 32'17" West along the east line of the west 1000 feet of the North One-Half of the Southeast Quarter of said Section 26, a distance of 1323.31 feet to the south line of the Northwest Quarter of the Southeast Quarter of said Section 26; thence North 89 40'03" West along the south line of the Northwest Quarter of the Southeast Quarter of said Section 26, a distance of 970.01 feet to a point 30.00 feet east of the southwest corner of the Northwest Quarter of the Southeast Quarter of said Section 26; thence North 00 32'17" East along a line 30.00 feet east of and parallel with the west line of the Southeast Quarter of said Section 26, a distance of 611.93 feet; thence South 89 27'43" East, a distance of 55.00 feet; thence southeasterly along a curve to the right and having a radius of 230.00 feet, an arc distance of 174.33 feet; thence southeasterly along a reverse curve to the left and having a radius of 175.00 feet, an arc distance of 132.64 feet; thence South 89 27'43" East, a distance of 71.54 feet; thence northeasterly along a curve to the left and having a radius of 175.00 feet, an arc distance of 206.22 feet; thence northeasterly along a reverse curve to the right and having a radius of 225.00 feet, an arc distance of 47.39 feet; thence North 00 32'17" East parallel with the west line of the Southeast Quarter of said Section 26, a distance of 143.16 feet; thence North 27 16'46" East, a distance of 144.44 feet; thence North 09 15'19" East, a distance of 170.13 feet; thence North 00 32'17" East parallel with the west line of the Southeast Quarter of said Section 26, a distance of 235.49 feet to the point of beginning. Said tract of land contains 18.13 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 storm drainage study for the entire development to the City Engineer's Office for approval when the first final plat is submitted and that the

developer construct any improvements as required by the City Engineer's Office.

 

3. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any construction activities.

 

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

 

5. That the developer dedicate additional right of way for N.E. 106th Street as required by the Department of Public Works so as to provide a total of 30 feet of right of way

as measured from the centerline of N.E. 106th Street.

 

6. That the developer improve N.E. 106th Street to collector street standards as required by the Department of Public Works.

 

7. That the developer dedicate additional right of way for N. Oak Trafficway as required by the Department of Public Works so as to provide a total of 50 feet of right of way

as measured from the centerline of N. Oak Trafficway.

 

8. That the developer improve the east side of N. Oak Trafficway to primary arterial street standards as required by the Department of Public Works or enter into a

cooperative agreement with the City whereby the developer agrees to contribute

$82,008.00 for the improvement of the east side of N. Oak Trafficway based on a rate

of $134.00 per front foot.

 

9. That the developer dedicate additional right of way for N.E. Shoal Creek Parkway as required by the Board of Parks and Recreation Commissioners so as to provide a total

of 100 feet of right of way as measured from the centerline of N.E. Shoal Creek

Parkway (ensuring that the parkway aligns with the right of way dedicated

immediately adjacent to the east).

 

10. That the developer improve one-half of N.E. Shoal Creek Parkway to parkway standards as required by the Board of Parks and Recreation Commissioners.

 

11. That the developer submit a certificate of survey prior to the individual sale of duplex or multi-family units.

 

12. That the developer contribute $14,377.87 in lieu of parkland dedication for 14 single family homes, 36 duplex units and 32 multi-family units in satisfaction of Section 66-128 of the Subdivision Regulations.

 

13. That the developer submit a street name signage plan to the Street Naming Committee for approval prior to the submittal of the first final plat.

 

14. That the developer receive the approval of the Board of Zoning Adjustment for any subdivision identification signs.

 

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

 

16. That the developer extend sanitary sewers as required by the Department of Public Works.

 

17. That the developer construct all-weather roads and provide for fire protection as required by the Fire Department.

 

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. A copy of the street tree planting plan shall 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 plans for landscaping and signage. The final plan shall include

landscaping, consisting of berms, trees and plantings around and within the parking

lots, and shall show proposed pedestrian circulation and elevation drawings of

signage. For all property adjacent to N.E. Shoal Creek Parkway (Lots 22 and 23 as

shown on the preliminary plan), the landscape plan shall also include:

 

(a) Species, planting size and spacing of all trees and shrubbery; and

 

(b) Height and width of berm (if utilized), with elevation drawings; and

 

(c) If fencing is to be utilized along all or a portion of those lots adjacent to the

parkway, the final plan shall include information on material, color, height,

setback and type, including an elevation drawing of a section. If the

developer is to permit no fencing along the parkway, the developer shall

include a statement to that effect on the final plat for said lots. Private

restrictions shall also be submitted with the final plat which includes

information regarding fencing restrictions. The final plan may specify an

option to the individual owner as to whether the side of the lot is to be fenced

or landscaped, either must be done in accordance with a plan. Landscaping

and/or fencing of Lots 22 and 23 as shown on the preliminary plan shall be

coordinated in terms of materials, color, height, setback and type.

 

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 970493, 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:

 

 

 

___________________________________

Assistant City Attorney