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Legislation #: 060099 Introduction Date: 1/26/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved preliminary plan in District R-1b on approximately 37 acres generally located on the north side of E. 47th Street about 700 feet east of Pittman Road. (12919-CUP-2)

Legislation History
DateMinutesDescription
1/25/2006 Filed by the Clerk's office
1/26/2006 Referred to Planning, Zoning & Economic Development Committee
2/15/2006 Do Pass as a Committee Substitute
2/23/2006 Assigned Third Read Calendar as Substituted
3/2/2006 Passed as Substituted

View Attachments
FileTypeSizeDescription
060099.pdf Authenticated 243K Authenticated
C012919CUP2_FACTSHT.xls Fact Sheet 56K Fact Sheet
C012919CUP2_STAFFRPT01_03_06.doc Staff Report 56K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060099

 

Approving an amendment to a previously approved preliminary plan in District R-1b on approximately 37 acres generally located on the north side of E. 47th Street about 700 feet east of Pittman Road. (12919-CUP-2)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District R-1b (One-Family Dwellings) on approximately 37 acres generally located on the north side of E. 47th Street about 700 feet east of Pittman Road, and more specifically described as follows:

 

All that part of the Northwest Quarter of Section 28, Township 49, Range 32, Kansas City, Jackson County, Missouri, described as follows: Commencing at the northwest corner of the Northwest Quarter of said Section 28; thence South 86E58'15" East, along the north line of said Northwest Quarter, a distance of 658.78 feet, to the northwest corner of the East One-Half of the Northwest Quarter of said Northwest Quarter; thence South 02E08'15" West, along the west line of the East One-Half of the Northwest Quarter of said Northwest Quarter, a distance of 1316.26 feet, to the southwest corner of the East One-Half of the Northwest Quarter of said Northwest Quarter, said point also being the southwest corner of Tract B, Whispering Lake First Plat, a subdivision of land in Kansas City, Jackson County, Missouri, according to recorded plat thereof and also being the point of beginning; thence South 86E51'18" East, along the south line of said Tract B, a distance of 1074.52 feet; thence North 88E38'15" East, continuing along the south line of said Tract "B", a distance of 49.80 feet; thence North 69E08'15" East, continuing along the south line of said Tract "B", a distance of 108.00 feet; thence South 86E36'45" East, continuing along the south line of said Tract "B", a distance of 122.00 feet; thence South 37E56'45" East, continuing along the south line of said Tract "B", a distance of 62.40 feet, to a point on the south line of the North One-Half of said Northwest Quarter; thence South 86E51'18" East, along the south line of the North One-Half of said Northwest Quarter of a distance of 234.16 feet; thence South 01E59'38" West, parallel with the east line of said Northwest Quarter a distance of 133.00 feet; thence South 72E53'54" West, a distance of 317.81 feet, to a point on the east line of the West One-Half of the Southeast Quarter of said Northwest Quarter; thence South 02E02'30" West, along said east line, a distance of 1075.97 feet, to the southeast corner of the West One-Half of the Southeast Quarter of said Northwest Quarter; thence North 86E44'26" West, along the south line of said Northwest Quarter, a distance of 661.03 feet, to the southwest corner of the Southeast Quarter of said Northwest Quarter; thence North 02E05'22" East, along the west line of the Southeast Quarter of said Northwest Quarter, a distance of 517.49 feet, to the southeast corner of the north 800 feet of the east 10 acres of the Southwest Quarter of said Northwest Quarter; thence North 86E51'18" West, along the south line of the north 800 feet of the east 10 acres of the Southwest Quarter of said Northwest Quarter, a distance of 327.95 feet, to a point on the east line of the west 30 acres of the Southwest Quarter of said Northwest Quarter; thence South 02E11'08" West, along the east line of the west 30 acres of the Southwest Quarter of said Northwest Quarter, a distance of 516.82 feet, to the southeast corner of the west 30 acres of the Southwest Quarter of said Northwest Quarter; thence North 86E44'26" West, along the south line of said Northwest Quarter, a distance of 364.01 feet, to the southwest corner of the east 11 acres of the west 30 acres of the Southwest Quarter of said Northwest Quarter; thence North 02E11'08" East, along the west line of the east 11 acres of the west 30 acres of the Southwest Quarter of said Northwest Quarter, a distance of 1316.20 feet to the northwest corner of the east 11 acres of the west 30 acres of the Southwest Quarter of said Northwest Quarter; thence South 86E51'18" East along the south line of the North Half of said Northwest Quarter, a distance of 30.71 feet, to the point of beginning, containing 38.5076 acres, more or less, with the exception of the following described tract of land:

 

Commencing at the true point of beginning of this legal description; thence South 86E51'18" East, along the south line of said Tract B, a distance of 1074.52 feet; thence North 88E38'15" East, continuing along the south line of said Tract "B", a distance of 49.80 feet to the true point of beginning of this excepted tract; thence North 69E08'15" East, continuing along the south Line of said Tract "B", a distance of 108.00 feet; thence South 86E36'45" East, continuing along the south line of said Tract "B", a distance of 122.00 feet; thence South 37E56'45" East, continuing along the south line of said Tract "B", a distance of 62.40 feet, to a point on the south line of the North One-Half of said Northwest Quarter; thence South 86E51'18" East, along the south line of the North One-Half of said Northwest Quarter of a distance of 234.16 feet; thence South 01E59'38" West, parallel with the east line of said Northwest Quarter a distance of 133.00 feet; thence South 72E53'54" West, a distance of 317.81 feet, to a point on the east line of the West One-Half of the Southeast Quarter of said Northwest Quarter; thence North 02E02'30" East a distance of 244.20 feet; thence North 86E03'57" West a distance of 195.64 feet to the true point of beginning of this description. This excepted tract of land contains 1.4992 acres of land, more or less.

 

is hereby approved, subject to the following conditions:

 

1. That the developer submit a Certificate of Survey for approval prior to the sale of individual units.

 

2. That the developer update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for approval prior to approval of the next plat or lot split and make necessary improvements as required by Development Services.

 

3. 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.

 

4. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning 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 extend sanitary and/or storm sewers and determine their adequacy as required by Development Services, provide evidence of acceptance from Water Services Department if individual sanitary sewer service will not be provided to all proposed for-sale units before Council approval of the development plan, and relocate sanitary and/or storm sewers so as to remove building encroachments within the sewer easement limits as required by Development Services.

 

7. 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.

 

8. That the developer construct 5 foot sidewalks along the north side of E. 47th Street prior to the issuance of any building permits, and that the developer construct 4 foot sidewalks along the street frontage of all interior tracts prior to the issuance of any building permits.

9. That the developer design and construct all interior streets to City standards as required, including curb, gutter, storm sewers, streetlights, sidewalks, grade modifications resulting in reconstruction of existing roads sections to meet vertical and horizontal alignment standards, and private utility relocations to outside the right of way.

 

10. That the developer integrate any relocated or reconstructed streetlights into the existing street light system as required.

 

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 obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

14. That the developer verify the acceptance of the use of the Pump Station/Force Main to convey sewage to gravity line.

 

15. That the developer submit revised declarations, conditions and restrictions to the Law Department for approval for the maintenance of any existing or new private open space and other common area and enter into a covenant agreement for the maintenance of any stormwater detention area tracts prior to the submittal of the next plat or lot split.

 

A copy of said amendment 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 amendment 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