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Legislation #: 060819 Introduction Date: 7/27/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving a Community Unit Project on an approximately 5 acre tract of land generally located on either side of Myrtle Avenue between 52nd Street and 53rd Street (13502-CUP-1)

Legislation History
DateMinutesDescription
7/27/2006 Filed by the Clerk's office
7/27/2006 Referred to Planning, Zoning & Economic Development Committee
8/16/2006 Advance and Do Pass, Debate
8/17/2006 Passed

View Attachments
FileTypeSizeDescription
060819.pdf Other 251K ord
Maps 0K Plat Map on file with ordinance in City Clerk's office
Adv. 081606.pdf Advertise Notice 10K Advertise Notice
060819 Mail Labels.pdf Plan Mailing List 280K Mail List
060819 Document Maps.pdf Maps 165K Document Maps
C013502P_FactSheet_07_17_06.doc Fact Sheet 75K fact sheet
C013502_STAFFRPT_02_07_06.doc Staff Report 77K staff report

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ORDINANCE NO. 060819

 

Approving a Community Unit Project on an approximately 5 acre tract of land generally located on either side of Myrtle Avenue between 52nd Street and 53rd Street (13502-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a Community Unit Project on an approximately 5 acre tract of land generally located on either side of Myrtle Avenue between 52nd Street and 53rd Street, and more specifically described as follows:

 

This is a resurvey and subdivision of parts of Lots 7 and 11 MOUNT CLEVELAND, Block 3 - MOUNT CLEVELAND HOMES, Lots 58 through 73 MOUNTAIN VIEW, Lots 11, 12 and 13 - IVORY MILLER HEIGHTS and Lot 40 - NORTON BROOK, all being subdivisions in the Northeast 1\4 of the Northeast 1\4 of Section 34, Township 49N, Range 33E, in the City of Kansas City, Jackson County, Missouri, along with parts of existing right-of-ways of Myrtle Ave. and 52nd Street, more particularly described as follows: Commencing at the Southwest corner of said Northeast 1\4 of said Northeast 1\4; thence S 87 31' 43" E along the centerline of East 53rd Street, being also the South line of said 1\4, 1\4 Section as established by control in Lot 4 - MOUNT CLEVELAND, MOUNT CLEVELAND HOMES and MOUNT CLEVELAND ESTATES - PHASE I, all being subdivisions in said City, County and State, a distance of 491.44 feet; thence N 2 32' 08" E a distance of 30.00 feet to the Southeast corner of said Block 3 - MOUNT CLEVELAND HOMES, said point being also the True Point of Beginning of this tract; thence N 2 32' 08" E along the East line of said Block 3, a distance of 574.79 feet; thence N 87 20' 32" W a distance of 123.88 feet to a point of curvature; thence Southwesterly along a curve to the left being tangent to the last described course, having a radius of 15 feet, a distance of 23.61 feet to a point on the East line of Mersington Ave. as established by said MOUNT CLEVELAND HOMES; thence N 2 28' 16" E along said East line, a distance of 80.00 feet; thence leaving said East line, Southeasterly along a curve to the left having a radius of 15 feet and an Initial Tangent Bearing of S 2 28' 16" W, a distance of 23.51 feet to a point of tangency; thence S 87 20' 32" E a distance of 263.71 feet to a point of curvature; thence Northeasterly along a curve to the left being tangent to the last described course, having a radius of 15 feet, a distance of 20.44 feet to a point of tangency; thence N 14 34' 46" E a distance of 41.19 feet; thence S 75 25' 14" E a distance of 50.00 feet; thence S 14 34' 46" W a distance of 24.30 feet to a point of curvature; thence Southeasterly along a curve to the left being tangent to the last described course, having a radius of 15 feet, a distance of 26.68 feet to a point of tangency; thence S 87 20' 32" E a distance of 23.84 feet; thence S 2 39' 28" W a distance of 163.60 feet; thence S 87 20' 32" E a distance of 82.38 feet to a point on the West line of said IVORY MILLER HEIGHTS; thence S 2 28' 54" W along said West line, a distance of 350.00 feet; thence S 87 20' 32" E a distance of 139.08 feet to a point on the East line of said IVORY MILLER HEIGHTS, said point being on the West line of Norton Ave., as established; thence S 2 28' 54" W along said West line, a distance of 110.46 feet to the Southeast corner of Lot 11 in said IVORY MILLER HEIGHTS; thence N 87 22' 42" W along the South lines of said IVORY MILLER HEIGHTS and said Lot 11 - MOUNT CLEVELAND, and its prolongation, said lines being also the North line of 53rd Street, a distance of 303.00 feet to a point on the centerline of Myrtle Ave., as established; thence N 87 31' 43" W along said North line, and along the South line of Lots 71, 72 and 73 in said MOUNTAIN VIEW, a distance of 163.83 feet to the point of beginning. The above tract contains 215,935 square feet, or, 4.9572 acres, more or less, gross, and 165,204 square feet, or, 3.7926 acres net, excluding street right-of-ways

 

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 approval at the time the Phase II 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 vacate the existing 52nd Street right-of-way from Mersington Avenue to Jackson Avenue and dedicate additional right of way for a local street as required by Development Services so as to provide a minimum of 50 feet of right of way as shown on the development plan for the new 52nd Street.

 

4. That the developer improve Myrtle Avenue, as shown on the development plan, to local 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.

 

5. That the developer improve the north half of 53rd Street, as shown on the development plan, 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.

 

6. That the developer improve the western half of Norton Ave., as shown on the development plan, to local street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, street lights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

7. That the developer improve 52nd Street, as shown on the development plan, to local 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.

 

8. 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.

 

9. That the developer shall 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 shall be responsible for all costs associated with subordination activities.

 

10. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri Licensed Civil Engineer stating that the sidewalks, curb and gutter are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

 

11. That the developer submit a 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 submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

13. 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.

 

14. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

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

 

16. 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.

 

17. That adequate sight distance be provided for each street connection to Mersington Avenue and 53rd Street as required by Development Services.

 

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 construct hard surface all-weather roads and provide for fire protection as required by the Fire Department prior to construction beyond footings and foundations.

 

20. That the developer provide for fire protection as required by the Fire Marshals Office.

 

21. That the developer contribute $5,086.40 in lieu of parkland dedication for 23 single family lots in satisfaction of Section 66-128 of the Subdivision Regulations.

 

22. 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 and maintain the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

 

23. That the developer design and construct a pedestrian connection between the general residential area contained within this Community Unit Project and the Blue Parkway Town Center located to the north, prior to Phase IV of the plan as shown on the CUP plan.

 

A copy of said Community Unit Project plan is on file in the office of the City Clerk with this ordinance, 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