ORDINANCE NO. 050381
Amending Ordinance No. 050128 to
clarify the conditions of approval.
WHEREAS, Committee
Substitute for Ordinance No. 050128 was enacted on March 10, 2005; and
WHEREAS, one of the
conditions should have been eliminated in the committee substitute because it
duplicated another condition, but with different wording; NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Committee Substitute for Ordinance No. 050128 is hereby amended by repealing
Section A of that ordinance and enacting a new Section A, which eliminates
condition 14 of that ordinance, to read as follows:
Section
A. That an amendment to a previously approved Community Unit Project on an
approximately 117 acre tract of land generally located south of N.E. 80th
Street, west of N. Brighton avenue and east of N. Spruce and N. Kensington
Streets, and more specifically described as follows:
A tract of land
located in Section 17, Township 51, Range 32, in Kansas City, Clay County,
Missouri, more particularly described as follows: Beginning at the Northeast
Corner of the Northwest Quarter of Section 17, Township 51, Range 32, in Kansas
City, Clay County, Missouri; thence North 885757 West, a distance of 30.00 feet
to a point; thence South 004800 West, a distance of 323.21 feet to the True
Point of Beginning; thence South 004800 West, a distance of 2313.76 feet to a
point; thence North 890942 West, a distance of 1273.44 feet to a point; thence
South 003338 West, a distance of 224.56 feet to a point; thence North 883201
West, a distance of 540.07 feet to a point; thence North 013942 West, a
distance of 198.82 feet to a point; thence South 890942 East, a distance of
36.57 feet to a point; thence North 003238 East, a distance of 697.94 feet to a
point; thence North 890942 West, a distance of 331.79 feet to a point; thence
North 004015 East, a distance of 965.33 feet to a point; thence South 895757 East,
a distance of 270.01 feet to a point; thence North 004015 East, a distance of
150.00 feet to a point; thence North 895757 West, a distance of 270.01 feet to
a point; thence North 004015 East, a distance of 535.04 feet to a point; thence
South 885757 East, a distance of 549.16 feet to a point; thence South 002451
West, a distance of 136.19 feet to a point; thence North 894426 East, a
distance of 297.02 feet to a point; thence North 561742 East, a distance of
424.07 feet to a point; thence South 715535 West, a distance of 57.64 feet to a
point; thence South 895521 West, a distance of 478.75 feet to a point; thence
North 573825 West, a distance of 124.03 feet to a point; thence North 000024
West, a distance of 138.88 feet to a point; thence South 885757 East, a
distance of 268.09 feet to a point; thence North 654003 East, a distance of
283.40 feet to a point; thence North 782603 East, a distance of 128.33 feet to
a point; thence South 885757 East, a distance of 299.17 feet to a point; thence
South 010203 West, a distance of 157.17 feet to a point; thence South 885757
East, a distance of 210.00 feet to a point; thence South 004057 West, a
distance of 287.75 feet to a point; thence South 893403 East, a distance of
408.21 feet to a point; thence to the Point of Beginning; Containing 116.68
Acres or 5,082,563 Square Feet, more or less.
1. That the
developer dedicate 60 feet of right of way from centerline on the east half of
N. Spruce and for future Maplewoods Parkway.
2.
That the developer improve the east half of N. Spruce Avenue from N.E.
80th Street south to N.E. 77th Street with the
development of Phase 3, or with other appropriate Phases, if Maplewoods Parkway
is not constructed by that phase as required by the Department of Public Works
and the Parks and Recreation Department. The improvements shall be made to collector
street standards, including curb, gutters, sidewalks and streetlights, as
required by the Department of Public Works and the Parks and Recreation
Department, and/or in accordance with the most current adopted revisions to the
Major Street Plan for N. Spruce Avenue.
3.
That the developer dedicate 30 feet of right of way from centerline on
the south side of N.E. 80th Street and as necessary for the
roundabout as required by the Department of Public Works.
4.
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.
5
That the developer dedicate 56 feet of right of way from centerline on
the west side of N. Brighton Avenue.
6.
That the developer improve the west half of N. Brighton Avenue to
primary arterial street standards as required by the Department of Public
Works, including construction of curb, gutter and sidewalks and installation of
streetlights.
7.
That the developer dedicate right of way on N.E. 77th Street
so as to provide a total of 50 feet.
8.
That the developer improve N.E. 77th Street to residential
street standards including curb, gutter, sidewalk and installation of
streetlights as required by the Department of Public Works.
9.
That the developer secure a floodplain certificate from the Department
of Codes Administration prior to beginning any construction activities within
the floodplain.
10. That
the developer show the limits of the floodplain on the final plat as required
by the Department of Public Works.
11.
That the developer submit a final plan to the City Plan Commission for
approval, including plans for building materials and elevations, signage,
grading and landscaping and trails.
12.
That the developer submit declarations, restrictions and covenants as
required by the Law Department.
13.
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.
14.
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.
15. That
the developer improve the south half of N.E. 80th Street from N.
Brighton Avenue west to N. Spruce Avenue with the development of Phase 3, or
with other appropriate Phases, as required by the Department of Public Works.
The improvements shall be made to collector street standards including curbs,
gutters, sidewalks, and streetlights, as required by the Department of Public
Works. The developer may enter into a secured deferral agreement for the first
plat frontage.
16.
That the developer submit a storm drainage study for the entire
development to the City Engineers Office for approval when the final plat is
submitted and that the developer make any necessary improvements as required by
the City Engineers Office.
17.
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.
18.
That the developer secure a land disturbance permit from the Department
of Public Works prior to beginning any construction, grading, clearing or
grubbing activities, if the disturbed area exceeds one acre.
19.
That the developer install hard surface roads and provide for fire
protection as required by the Fire Department prior to construction beyond
foundations.
20.
That the developer extend sanitary sewers as required by the Department
of Public Works.
21.
That the developer extend water mains as required by the Water Services
Department.
A copy of said
Community Unit Project plan is on file in the office of the City Clerk with
this ordinance, which is attached hereto and made a part hereof.
Section 2. That
all other provisions of said ordinance will remain in effect.
_____________________________________________
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