ORDINANCE NO. 030556
Amending
Section A of Second Committee Substitute for Ordinance No. 010133 by deleting Condition
No. 7 in connection with the preliminary Community Unit Project on
approximately a 30 acre tract of land generally located at the southwest corner
of N.E. Flintlock Road and N.E. 96th Street. (12522-CUP-1)
WHEREAS,
on March 22, 2001, the Council approved the preliminary plat of Villas of
Montclair on an approximately 30 acre tract of land generally located on the
south side of N.E. 96th Street and west side of N. Flintlock Road (12522-CUP-1)
by Second Committee Substitute for Ordinance No. 010133, that included a
certain condition that required the developer to improve the south half of N.E.
96th Street to arterial street standards as required by the Department of
Public Works, including construction of curbs, gutters and sidewalks and installation
of streetlights; and
WHEREAS,
the Public Works Department, the City Development Department and the developer
have determined that it is appropriate and in the best interest of the City to
repeal Condition No. 7 originally specified in Second Committee Substitute for
Ordinance No. 010133 for the preliminary plat so that the developer will pay
the impact fee rather than make the improvement; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That Second Committee Substitute for Ordinance No. 010133 is hereby amended
by repealing Section A and enacting in lieu thereof a new Section A that
deletes Condition No. 7, to read as follows:
Section A. That a Community Unit Project on
approximately a 30 acre tract of land generally located at the southwest corner
of N.E. Flintlock Road and NE. 96th Street, and more specifically described as
follows:
A tract of land in the Northwest Quarter of
Section 2, Township 51, Range 32, Kansas City, Clay County, Missouri, being
bounded and described as follows: Commencing at the northeast corner of said
Northwest Quarter; thence North 89E31'49"
West along the north line of said Northwest Quarter, 645.62 feet to a point on
the east line of Woodneath Farms, The Villas-First Plat, a subdivision in
Kansas City, Clay County, Missouri; thence South 0E26'36" West along said east line,
18.20 feet to the true point of beginning of the tract to be herein described;
thence continuing South 0E26'36" West along
said east line and its southerly prolongation 2407.65 feet to the northwest
corner of Flintlock Acres, a subdivision in Kansas City, Clay County, Missouri;
thence South 89E30'15" East, along
the north line of said Flintlock Acres, 595.31 feet to a point on the westerly
right of way line of N. Flintlock Road, as now established; thence North 0E27'02"
East,
along said westerly line, 831.25 feet; thence westerly along said westerly line
on a curve to the left, tangent to the last described course, having a radius
of 25.00 feet, an arc distance of 40.46 feet; thence North 03E02'04" East, along said westerly line, 50.20 feet; thence easterly
along said westerly line on a curve to the left having an initial tangent
bearing of North 87E59'09" East, a radius of 25.00 feet, an arc
distance of 38.19 feet; thence North 0E27'02" East
along said westerly line, 150.23 feet; thence northerly along said westerly
line, tangent to the last described course, having a radius of 1900.00 feet, an
arc distance of 349.69 feet; thence North 10E05'41" West
along said westerly line, 200.65 feet; thence westerly along said westerly line
on a curve to the left, tangent to the last described course, having a radius
of 25.00 feet, an arc distance of 39.27 feet; thence North 10E05'41" West along said westerly line, 50.00 feet; thence easterly
along said westerly line on a curve to the left having an initial tangent
bearing of North 79E54'19" East, a radius of 25.00 feet, an arc
distance of 39.27 feet; thence North 10E05'41" West
along said easterly line, 688.99 feet; thence westerly along said westerly
line, on a curve to the left, tangent to the last described course, having a
radius of 25.00 feet, an arc distance of 38.21 feet; thence westerly, on a
curve to the right, tangent to the last described course, having a radius of
1750.00 feet, an arc distance of 355.20 feet to the true point of beginning.
Containing 30.01 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
when the first plat is submitted 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 right of way on
the south side of N.E. 96th Street 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.E. 96th Street.
7. That the developer install hard surface
roads and provide for fire protection as required by the Fire Department prior
to construction beyond foundations.
8. That the developer extend water mains as
required by the Water Services Department.
9. That the developer extend sanitary sewers
as required by the Department of Public Works.
10. 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.
11. That the developer contribute $20,485.24 in
lieu of parkland dedication for 86 lots (86 x 3.7 x .006 x $8,379.52) in
satisfaction of Section 66-128 of the Subdivision Regulations.
12. That the developer submit covenants,
conditions and restrictions with the final plat to the Law Department for
approval for the maintenance of the private open space.
13. That the developer submit a final plan for
the private open space to the City Plan Commission for approval, including
plans for grading and landscaping.
A copy
of said Community Unit Project plan is on file in the office of the City Clerk
under Document No. 030556, which is attached hereto and made a part hereof.
Section 2. That
the Council finds and declares that before taking any action on the proposed
Community Unit Project hereinabove, all public notices have been given and
hearings have been held as required by the Zoning Ordinance.
_____________________________________________
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