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Legislation #: 090654 Introduction Date: 7/30/2009
Type: Ordinance Effective Date: 9/20/2009
Sponsor: None
Title: Approving an amendment to a preliminary Community Unit Project in District R-1b on an approximately 51.99 acre tract of land generally located on the west side of N. Brighton Avenue between N.E. 57th Street and N.E. 59th Terrace. (6653-CUP-1)

Legislation History
DateMinutesDescription
7/29/2009 Filed by the Clerk's office
7/30/2009 Referred to Planning and Zoning Committee
8/26/2009 Hold On Agenda (9/2/2009)
9/2/2009 Do Pass
9/3/2009 Assigned to Third Read Calendar
9/10/2009 Passed

View Attachments
FileTypeSizeDescription
090654.pdf Authenticated 222K AUTHENTICATED
Factsheet.xls Fact Sheet 70K Fact Sheet
C006653CUP1_STAFFRPT_07-07-09.doc Staff Report 92K Staff Report
DOCKET MAP 6653CUP1.pdf Maps 135K Docket Map

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ORDINANCE NO. 090654

 

Approving an amendment to a preliminary Community Unit Project in District R-1b on an approximately 51.99 acre tract of land generally located on the west side of N. Brighton Avenue between N.E. 57th Street and N.E. 59th Terrace. (6653-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a preliminary Community Unit Project in District R-1b (One-Family Dwellings) on an approximately 51.99 acre tract of land generally located on the west side of N. Brighton Avenue between N.E. 57th Street and N.E. 59th Terrace, and more specifically described as follows:

 

All that part of the East One-Half of the Southwest Quarter of Section 29, Township 51 North, Range 32 West of the Fifth Principal Meridian all in the City of Kansas City, Clay County, Missouri and being bounded and described as follows: Commencing at the Northeast corner of said Southwest Quarter;; thence North 89 degrees 34 minutes 26 seconds West, along the North line of said Southwest Quarter, 55.00 feet to a point on the West right-of-way line of North Brighton Avenue, as now established, said point also being the Point of Beginning of the tract of land to be herein described; thence South 00 degrees 08 minutes 04 seconds West, along said West right-of-way line, parallel to the East line of said Southwest Quarter, 1,233.97 feet; thence South 01 degrees 07 minutes 21 seconds West, continuing along said West right-of-way line, 571.67 feet to a point on the North line of "Eagle Heights", a subdivision of land in Kansas City, Clay County, Missouri; thence North 89 degrees 53 minutes 07 seconds West (North 89 degrees 53 minutes 43 seconds West Plat), along the North line of said "Eagle Heights" and its Westerly prolongation, 1,243.28 feet to the Northwest corner of "Brookhill Circle", a subdivision of land in Kansas City, Clay County, Missouri, said corner also being a point on the West line of the East One-Half of said Southwest Quarter; thence North 00 degrees 07 minutes 05 seconds East (North 00 degrees 07 minutes 57 seconds East Plat), along said West line, 1812.36 feet to the Northwest corner of said East One-Half; thence South 89 degrees 34 minutes 26 seconds East (South 89 degrees 34 minutes 16 seconds East Plat), along the North line of said Southwest Quarter, said North line also being the South line of "Carriage Hills Estates Fifth Plat", a subdivision of land in Kansas City, Clay County, Missouri, 1,253.66 feet to the Point of Beginning. Containing 2,264,510 square feet or 51.99 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, commonly known as the Subdivision Regulations.

 

2.                  That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by Development Services.

 

3.                  That the developer dedicate additional right of way for a primary arterial with a bike lane as required by Development Services so as to provide a minimum of 56 feet of right of way as measured from the centerline of N. Brighton Ave.

 

4.                  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 on both sides of all interior streets.

 

5.                  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.

 

6.                  That the developer subordinate to the City all private interest in the area of any right-of-way dedication, as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

7.                  That after the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications within the plan boundary without the prior written consent of Development Services.

 

8.                  That the developer submit a street name plan for the entire development area for approval by the Street Naming Committee prior to submittal of the first final plat.

 

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

 

10.              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, prior to recording the plat.

 

11.              That the developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat.

 

12.              That the developer secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat.

 

13.              That the developer provide adequate sight distance at each intersection and for each street connection to N. Brighton Avenue as required by Development Services.

 

14.              That the developer construct a northbound left-turn lane on N. Brighton Avenue at the intersection with the north development entrance with a minimum storage length of 75 feet plus appropriate tapers.

 

15.              That the developer provide access restrictions to prohibit direct vehicular access to N. Brighton Avenue from all lots or units and that the restriction be placed on the final plat.

 

16.              That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

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

 

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

 

19.              That the developer grant a Surface Drainage Easement to the City as required by Development Services, on the final plat.

 

20.              That the developer submit a final stream buffer plan, prepared in accordance with Chapter 65, Code of Ordinances, for review and acceptance by Development Services, with the final plat application.

 

21.              That the portions of the final stream buffer zones located outside of the storm water detention/BMP tract be shown and labeled on the final plat within a private open space tract.

 

22.              That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones and stormwater detention/BMP tracts prior to recording the first plat.

 

23.              That the developer contribute $35,679.14 (3.8 acres required @ $9,243.30/acre) for parkland dedication fees for 152 two single family lots and 41 multifamily units.

 

24.              That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, screening, berming, photometric study (showing zero footcandles at the property line), and building elevation drawings.

 

25.              That the developer submit a street tree planting plan to the City Forrester prior to submittal of each final plat for phase.

 

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