COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 010254
Approving
an amendment to a previously approved Community Unit Project on an approximately
248.94 acre tract of land generally located on both sides of N.W. 79th Street
at N. St. Clair Avenue. (5905-CUP-27)
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
A. That an amendment to a previously approved Community Unit Project on an
approximately 248.94 acre tract of land generally located on both sides of N.W.
79th Street at N. St. Clair Avenue, and more specifically described as follows:
All that part of Sections 7, 17 and 18, all in
Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and
described as follows: Commencing at the northwest corner of the Southeast
Quarter of said Section 7; thence South 0E34'26"
East, along the west line of said Southeast Quarter, 703.33 feet to the true
point of beginning of the tract to be herein described; thence South 89E26'05" East, 129.11 feet; thence
South 57E39'56" East, 38.42
feet; thence North 89E53'43" East, 282.49
feet; thence South 48E18'04" East, 250.51
feet; thence North 37E37'44" East, 82.55
feet; thence northeasterly, on a curve to the left, tangent to the last
described course, having a radius of 425.00 feet, an arc distance of 56.86
feet; thence South 89E01'33" East, 608.19
feet to a point on the east line of the Northwest Quarter of said Southeast Quarter;
thence South 0E35'19" West, along
said east line, said line being also the west line of The Coves - Eighth Plat,
and Replat of Tract V-4" and Part of Tract T-9", The Coves Eighth
Plat, all subdivisions of land in Kansas City, Platte County, Missouri, 552.18
feet to the northwest corner of the Southeast Quarter of said Southeast
Quarter; said point being also the southwest corner of the aforementioned
Replat of Tract V-4" and Part of Tract T-9", The Coves Eighth Plat;
thence South 88E57'29" East, along
the north line of the Southeast Quarter of said Southeast Quarter, said line
being also the south line of the aforementioned Replat of Tract V-4" and
Part of Tract T-9", The Coves Eighth Plat, and The Coves Seventh Plat, a
subdivision of land in Kansas City, Platte County, Missouri, 1,321.90 feet to
the northeast corner of the Southeast Quarter of said Southeast Quarter; thence
South 0E36'11" West, along
the east line of the Southeast Quarter of said Section 7, said line being also
the west line of the aforementioned The Coves Seventh Plat, and The Coves -
Third Plat and The Coves East - First Plat, and Coves Wood - Fifth Platte, both
being subdivisions of land in Kansas City, Platte County, Missouri, 1,320.29
feet to the southeast corner of said Section 7; thence South 89E19'26" East, along the north line of
the Northwest Quarter of said Section 17, said line also being the south line
of the aforementioned The Coves - Fifth Plat, 1,294.46 feet to the northeast
corner of the Northwest Quarter of said Northwest Quarter; thence South 0E43'49" West, along the east line of
the Northwest Quarter of said Northwest Quarter, said line being also the west
line of The Coves East - First Plat, and Coves Wood, both subdivisions of land
in Kansas City, Platte County, Missouri, 1,327.53 feet to the northwest corner
of the Southeast Quarter of said Northwest Quarter, said point also being the
southwest corner of said Coves Wood; thence South 89E09'34" East, along the north line of
the Southeast Quarter of said Northwest Quarter, said line being also the south
line of the aforementioned Coves Wood and The Coves East - Third Plat, a
subdivision of land in Kansas City, Platte County, Missouri, 1,268.86 feet to a
point on the west line of N.W. Waukomis Drive, as now established; thence South
0E19'34" West, along
said west line, 383.75 feet; thence South 0E06'25"
East, along said west line, 56.07 feet to a point in the north line of a tract
of land conveyed to the
Park
Hill Reorganized District No. V of Platte County by instrument recorded in Book
712, at page 1134 of the Office of the Recorder of Deeds in Platte County,
Missouri; thence North 88E59'46" West, along said north line, 326.25 feet;
thence northwesterly on a curve to the right, tangent to the last described
course, having a radius of 479.81 feet, an arc distance of 227.70 feet; thence
North 61E48'20" West, along said north line, 62.72 feet;
thence northwesterly, along said north line on a curve to the left, tangent to
the last described course, having a radius of 470.00 feet, an arc distance of
160.79 feet to the northwest corner thereof; thence South 0E19'34" West, along the west line of the aforementioned tract
conveyed to the Park Hill Reorganized School District No. V of Platte County,
420.91 feet to a point on the north line of Lake Waukomis, a subdivision of
land in Platte County, Missouri; thence North 88E59'46"
West, along said north line, 1164.50 feet to a point on the west line of the
East One-Half of the Southwest Quarter of said Northwest Quarter; thence North
0E35'52" East, along said west line, 425.71 feet;
thence North 89E09'34" West, along said north line, 649.82 feet
to a point on the west line of the Northwest Quarter of said Section 17; thence
North 88E46'43" West, along said north line, 1318.04 feet
to a point on the west line of the Southeast Quarter of the Northeast Quarter
of said Section 18; thence North 0E33'47"
East, along said west line, 300.02 feet to the southeast corner of the
Northwest Quarter of said Northeast Quarter; thence North 88E46'43" West, along the south line of the Northwest Quarter of said
Northeast Quarter, 659.40 feet to a point on the west line of the east 120.00
acres of the Northeast Quarter of said Section 18; thence North 0E29'51" East, along said west line, 1179.30 feet; thence North 88E53'25" West, parallel with and 140.70 feet south of the north line
of said Northeast Quarter 660.53 feet to a point on the east line of the
Northwest Quarter of said Section 18; thence North 89E10'06" West, parallel with and 140.70 feet south of the north line
of said Northwest Quarter, 381.86 feet; thence North 0E28'52" East, 1173.87 feet to a point on the south line of
Barrybrooke On The Lake, a subdivision of land in Kansas City, Platte County,
Missouri; thence South 89E02'50" East, along said south line, 383.43 feet
to the southeast corner thereof, said point also being a point on the west line
of the Southeast Quarter of the aforementioned Section 7; thence North 0E34'26" East, along said west line, 898.65 feet to the true point
of beginning. Containing 248.94 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 Engineers Office
for approval and that the developer construct any improvements as required by
the City Engineers 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 Department of Public Works prior to beginning
any construction, grading, clearing or grubbing activities, if the disturbed
area exceeds one acre.
5. That the developer secure a
land disturbance permit from the Missouri Department of Natural Resources.
6. That the developer dedicate
additional right of way for N. Green Hills Road 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. Green Hills Road.
7. That the developer improve the
west half of N. Green Hills Road to primary arterial street standards as
required by the Department of Public Works, including construction of
sidewalks.
8. That the developer improve
one-half of N.W. 79th Street to primary arterial street standards as required
by the Department of Public Works, including construction of sidewalks, from
the east line of Phase 1B as shown on the Community Unit Project Plan to N.
Oregon Avenue, prior to the approval of any further final plats.
9. That the developer construct
sidewalks along N. St. Clair Avenue and N.W. 79th Street as required by the
Department of Public Works, prior to the approval of any further final plats.
10. That the developer construct
sidewalks along the street frontage of all private open space, public parkland
and detention tracts as required by the Department of Public Works.
11. That the developer install hard
surface roads and provide for fire protection as required by the Fire Department
prior to construction beyond foundations.
12. That the developer extend water
mains as required by the Water Services Department.
13. That the developer extend
sanitary sewers as required by the Department of Public Works.
14. That the developer submit a
street name signage plan to the Street Naming Committee for approval for all
street names.
15. That the developer grant an
Aviation and Noise Easement to the City as required by the Aviation Department.
16. That the developer submit
covenants, conditions and restrictions to the Law Department for approval for
maintenance of private open space and detention tracts.
17. That the developer submit a
street tree planting plan as part of the final plat with a copy to be submitted
to the Department of City Development, secure the approval of the City Forester
for street trees planted on right of way in front of residential lots, and
plant the street trees in conformance with the plan approved by the City
Forester. The plan shall include size, type, species and placement of trees.
18. That the developer submit a
final plan for the pedestrian paths north of N.W. 79th Street to the City Plan
Commission for approval.
19. That the developer submit a
final plan to the City Plan Commission for approval for the
multifamily/townhome phases and the pedestrian paths south of N.W. 79th Street,
including plans for landscaping, signage (including elevations) and building
elevations.
A copy of said Community Unit
Project plan is on file in the office of the City Clerk under Document No.
010254, 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