COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 060057
Approving a community unit
project plan in Districts R-1a and R-2b on a 47.77 acre tract of land
generally located in the northeast corner of Eastern Avenue and 55th Street, east of I-435. (5604-CUP-2)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
a community unit project in Districts R-1a (One-Family Dwellings, Medium
Density) and R-2b (Two-Family Dwellings) on a 47.77 acre tract of land
generally located in the northeast corner of Eastern Avenue and 55th Street,
east of I-435, and more specifically described as follows:
TRACT 1: A part of
the Southeast Quarter of the Northeast Quarter of Section 36, Township 49,
Range 33, Kansas City, Jackson County, Missouri described as follows:
Beginning at the Southwest corner of Lot 13, Block 9, VINEYARD HILLS EAST, a
subdivision in Kansas City, Jackson County, Missouri also being a point on the
East Right of Way line of Interstate 435; thence North 88 degrees 23 minutes 38
seconds East along the South line of said Lot 13, 174.09 feet to a point on the
West Right of Way line of Eastern Avenue; thence South 06 degrees 24 minutes 42
seconds West along said Right of Way line, 164.19 feet (Plat=164.99 feet);
thence South 04 degrees 54 minutes 42 seconds West along said Right of Way
line, 661.58 feet to a point of curvature; thence along said Right of Way line
and said curve to the right having a Radius of 770.00 feet and a distance of
73.46 feet; thence South 10 degrees 22 minutes 39 seconds West along said Right
of Way line, 120.64 feet (Plat=121.43 feet) to a point of curvature; thence
along said Right of Way line and a curve to the left having a Radius of 830.00
feet and a distance of 114.90 feet (Plat=115.89 feet); thence South 02 degrees
26 minutes 48 seconds West along said Right of Way line, 61.76 feet (Plat=60.00
feet) to a point on the North Right of Way line of East 55th Street;
thence North 87 degrees 33 minutes 53 seconds West along said Right of Way
line, 120.82 feet to a point on the East Right of Way line of Interstate 435;
thence North 02 degrees 12 minutes 34 seconds East along said Right of Way
line, 1028.19 feet; thence North 10 degrees 47 minutes 28 seconds East along
said Right of Way line, 154.84 feet to the Point of Beginning. Containing acres
4.34, more or less. Basis of bearings are grid bearings taken from KC Metro
Station JA-99.
TRACT 2: Lot 1, EL
ROBLEDO MANSO, FIRST PLAT, a subdivision in Kansas City, Jackson County,
Missouri, according to the recorded plat thereof, Except Tract A: A part of
the Northwest Quarter of Section 31, Township 49, Range 32, and a part of Lot
1, EL ROBLEDO MANSO, FIRST PLAT, a subdivision in Kansas City, Jackson County,
Missouri described as follows: Beginning at the Northwest corner of said Lot
1; thence North 04 degrees 54 minutes 42 seconds East along the West line of
said Lot 1 also being the East right of way line of Eastern Avenue (30.00 feet
from the centerline thereof), 153.48 feet; thence North 08 degrees 31 minutes
11 seconds East along said line, 70.17 feet (Plat=70.92 feet) to a point on the
South line of Block 7, VINEYARD HILLS EAST a subdivision in Kansas City,
Jackson County, Missouri; thence along said line South 86 degrees 36 minutes 42
seconds East, 146.51 feet; thence South 04 degrees 57 minutes 11 seconds West,
528.29 feet; thence North 85 degrees 02 minutes 49 seconds West, 150.49 feet to
the East right of way line of Eastern Avenue (30.00 feet from the centerline
thereof); thence North 04 degrees 54 minutes 42 seconds East along said line,
300.77 feet to the Point of Beginning. Also, Except the following tract of land
described as follows: Beginning at the Northwest corner of said Lot 1; thence
South 87 degrees 44 minutes 36 seconds East, 150.87 feet; thence South 04
degrees 57 minutes 11 seconds West, 307.87 feet; thence North 85 degrees 02
minutes 49 seconds West, 150.49 feet to a point on the East right of way line
of Eastern Avenue (30.00 feet from the centerline thereof); thence North 04
degrees 54 minutes 42 seconds East along said line, 300.77 feet to the Point of
Beginning. Containing 12.51acres, more or less.
TRACT 3: A part of
the Northwest Quarter of Section 31, Township 49, Range 32, Kansas City,
Jackson County, Missouri described as follows: Beginning at the Southeast
corner of Lot 16, Block 7, VINEYARD HILLS EAST, a subdivision in Kansas City,
Jackson County, Missouri; thence South 02 degrees 29 minutes 51 seconds West
along the West Right of Way line of Palmer Avenue, 473.76 feet to a point on
the South Right of Way line of 54th Street; thence South 86 degrees
32 minutes 38 seconds East along said Right of Way line, 25.45 feet; thence
South 02 degrees 33 minutes 04 seconds West, 76.02 feet (Deed=75.00 feet);
thence South 64 degrees 23 minutes 44 seconds West, 387.48 feet to the North
Right of Way line of 53rd Terrace; thence North 50 degrees 19
minutes 00 seconds West along said Right of Way line, 200.00 feet to a point of
curvature; thence along said Right of Way line and said curve to the left
having a Radius of 666.62 feet and a distance of 433.28 feet; thence North 04
degrees 57 minutes 11 seconds East, 160.36 feet to a point on the South line of
Block 7, VINEYARD HILLS EAST; thence South 86 degrees 36 minutes 42 seconds
East along said line, 148.25 feet; thence North 74 degrees 48 minutes 18
seconds East along said line, 218.95 feet; thence North 61 degrees 23 minutes
18 seconds East along said line, 487.48 feet; thence South 87 degrees 29
minutes 52 seconds East along said line, 98.23 feet (Plat=98.80 feet) to the
Point of Beginning. Containing 8.32 acres, more or less. Basis of bearings are
grid bearings taken from KC Metro Station JA-99.
TRACT 4: A part of
the Northwest Quarter of Section 31, Township 49, Range 32, Kansas City,
Jackson County, Missouri described as follows: Beginning at the Southwest corner
of Lot 5, EASTWOOD SLOPES, a subdivision in Kansas City, Jackson County,
Missouri; thence South 86 degrees 37 minutes 45 seconds East along the South
line of said subdivision, 392.05 feet to a point on the West line of EASTWOOD
HEIGHTS, a subdivision in Kansas City, Jackson County, Missouri; thence South
02 degrees 25 minutes 25 seconds West along said line and the West line of
RIGGINS ACRES, a subdivision in Kansas City, Jackson County, Missouri, 694.69
feet to the North Right of Way line of 55th Street; thence North 86
degrees 37 minutes 45 seconds West along said Right of Way line, 330.57 feet;
thence North 02 degrees 23 minutes 23 seconds East, 220.00 feet; thence North
86 degrees 37 minutes 45 seconds West, 150.00 feet; thence South 02 degrees 23 minutes
23 seconds West, 220.00 feet to a point on the North Right of Way line of East
55th Street; thence North 86 degrees 37 minutes 45 seconds West
along said Right of Way line, 288.37 feet; thence North 03 degrees 22 minutes
15 seconds East, 150.00 feet; thence North 86 degrees 37 minutes 45 seconds
West, 218.47 feet to a point on the East line of EL ROBLEDO MANSO, FIRST PLAT,
a subdivision in Kansas City, Jackson County, Missouri; thence North 48 degrees
19 minutes 46 seconds East along said line, 46.51 feet; thence North 16 degrees
04 minutes 20 seconds East along said line, 386.82 feet to a point of
curvature; thence along the North line of said subdivision and a curve to the
right having an Initial Tangent Bearing of North 70 degrees 50 minutes 45 seconds
West, a Radius of 746.20 feet and a distance of 267.36 feet; thence North 39
degrees 41 minutes 00 seconds East, 60.00 feet to a point of curvature; thence
along said curve to the left having a Radius of 686.20 feet and a distance of
403.74 feet; thence South 84 degrees 01 minutes 40 seconds East, 203.64 feet to
a point of curvature; thence along said curve to the right having a Radius of
425.00 feet and a distance of 79.22 feet; thence North 09 degrees 09 minutes 35
seconds East, 122.55 feet (Deed=123.14 feet) to the Point of Beginning.
Containing 12.36 acres, more or less. Basis of bearings are grid bearings
taken from KC Metro Station JA-99.
is hereby approved, subject to
the following conditions:
1. That the developer cause the area to be platted and processed
in accordance with Chapter 61, Code of Ordinances of the City of Kansas City,
Missouri, commonly known as the Subdivision Regulations.
2. That the developer contribute $26,751.90 in lieu of parkland
dedication for 141 single family units in satisfaction of Section 66-128 of the
Subdivision Regulations, with the developer credited for dedicating 2.92 acres
of parkland.
3. That the developer submit a macro "overall" storm
drainage study for the entire development to Development Services for approval
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.
4. 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.
5. That the developer secure a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing, or
grubbing activities, if the disturbed area exceeds one acre.
6. That the developer improve Eastern Avenue to provide a three
lane section with a 6 foot wide median for a distance of approximately 200 feet
north of 55th Street as required by the Department of Public Works.
7. That the developer construct a traffic-calming measure along N. Eastern Avenue as required by the Department of Public Works.
8. That the developer improve the north one-half of 55th Street
to collector street standards as required by Development Services, including
curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section
transitions to meet vertical and horizontal alignment standards, and relocation
of utilities.
9. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by Development Services.
10. 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.
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 obtain the grading consents, and all
grading, temporary construction and drainage/sewer easements from the abutting
property owner prior to submitting any public improvements.
13. That the developer secure permits to construct or reconstruct
existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary
along all development street frontages, as required by Development Services,
prior to recording the plat.
14. That any relocated streetlights be integrated into the
existing street light system as required by Development Services.
15. That the developer extend water mains as required by the Water
Services Department.
16. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
17. 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.
18. That the developer submit covenants, conditions and
restrictions to the Law Department for approval for the maintenance of private
open space and enter into a covenant agreement for the maintenance of any
stormwater detention area tracts.
19. 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.
20. That the developer submit a final plan to the City Plan
Commission for approval, for private open space including detailed information
on landscaping, signage (including elevations), and building elevations.
21. That adequate sight distance be provided for each street
connection to 55th Street as required by Development Services.
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