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Legislation #: 040741 Introduction Date: 7/1/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a Community Unit Project on an approximately 47.6 acre tract of land generally located on the south side of U.S. Highway 40, approximately one-quarter mile east of Phelps Road. (13133-CUP-1)

Legislation History
DateMinutesDescription
7/1/2004

Prepare to Introduce

7/1/2004

Referred Planning, Zoning & Economic Development Committee

7/28/2004

Advance and Do Pass

7/29/2004

Passed


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adaff0736,0740,0741,0744,0745.pdf Advertise Notice 64K ad

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ORDINANCE NO. 040741

 

Approving a Community Unit Project on an approximately 47.6 acre tract of land generally located on the south side of U.S. Highway 40, approximately one-quarter mile east of Phelps Road. (13133-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project on an approximately 47.6 acre tract of land generally located on the south side of U.S. Highway 40, approximately one-quarter mile east of Phelps Road, and more specifically described as follows:

 

A tract of land situated in the West 1/2 of the SE 1/4 of Section 25, Township 49, Range 32, Kansas City, Jackson County, Missouri described as follows: Beginning at the point of intersection of the south right-of-way line of U.S. Highway No. 40 with the west line of the SE 1/4 of said Section 25, said point being South 02E05'01" West, along said west line, 48.97 feet (deed = 49.23 feet) from the northwest corner of said SE 1/4; thence South 87E01'24" East, along the south right-of-way line of said Highway 40, 50.00 feet from and parallel with the centerline thereof, 99.23 feet; thence South 02E58'36" West, continuing along said line, 5.00 feet; thence South 87E01'24" East, continuing along said line, 350.00 feet; thence North 02E58'36" East, continuing along said line, 5.00 feet; thence South 87E01'24" East, continuing along said line, 72.87 feet; thence South 87E10'24" East, continuing along said line, 377.27 feet; thence South 02E49'36" West, continuing along said line, 10.00 feet (deed = 5.00 feet); thence South 87E10'24" East, continuing along said line, 201.41 feet (deed = 199.69 feet) to the west line of a 1.0 acre tract described in Document No. 2000-I-0055740 recorded in the Jackson County Recorder's Office; thence South 01E58'13" West, along said line, 148.60 feet (deed = 153.58 feet) to the southwest corner thereof; thence South 87E09'45" East, parallel with the north line of said SE 1/4 and along the south line of said tract, 208.75 feet to the east line of the W 1/2 of said SE 1/4; thence South 01E58'10" West, along said east line, 2446.45 feet (deed = 2446.84 feet) to the southeast corner of said W 1/2; thence North 87E03'56" West, along the south line of said SE 1/4, 579.98 feet (deed = 580.10 feet) to a point 734.60 feet from the southwest corner of said SE 1/4, said point being the southeast corner of a tract described in Document No. 1985-I-676427; thence North 02E05'01" East, parallel with the west line of said SE 1/4 and along the east line of the tract in said Document No. 1985-I-676427, 1779.00 feet to the northeast corner of tract; thence North 87E03'56" West, parallel with the south line of said SE 1/4 and along the north line of said tract; 734.60 feet to the west line of said SE 1/4; thence North 02E05'01" East, along said line, 824.91 feet to the point of beginning. Containing 2,072,522 square feet or 47.5786 acres.

 

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 dedicate additional right of way for U.S. Highway 40 so as to insure 56 feet of right of way as measured from the centerline of U.S. Highway 40.

 

3. That the developer submit a macro overall storm drainage study for the entire development to the City Engineers Office 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 plat, and that the developer construct any necessary improvements as required by the City Engineers Office.

 

4. 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.

 

5. That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including curb, gutter, storm sewers, streetlights and sidewalks.

 

6. That the developer construct left turn lanes in both directions along U.S. Highway 40 at the intersection of existing Brentwood Street to the north and the proposed street to the south with at least 100 feet of storage and appropriate tapers prior to the issuance of any certificates of occupancy for any buildings within the development plan.

 

7. That the developer construct sidewalks along the south side of U.S. Highway 40 prior to the issuance of any certificates of occupancy for any buildings within the development plan.

 

8. That no temporary cul-de-sac exceed 600 feet in length nor serve more than 25 units.

 

9. 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.

 

10. That any relocated streetlights be integrated into the existing street light system as required by the City Engineers Office.

 

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

 

12. 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.

 

13. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources if the disturbed area for the entire development exceeds one acre.

.

14. That the developer extend sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

 

15. 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.

 

16. That the developer contribute $48,164.50 in lieu of parkland dedication for 338 multi-family units (338 x 2 x .006 (less credit for .29 acres of private open space) x $12,789.30) in satisfaction of Section 66-128 of the Subdivision Regulations.

 

17. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

 

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

 

19. 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.

 

20. That the developer submit a final plan to the City Plan Commission for approval including detailed information on landscaping (including at least one canopy shade tree per unit on private property, and canopy shade trees a maximum of 40 feet on center in tracts within the rights of way), 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. 040741, 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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney