COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060110

 

Approving a community unit project on an approximately 26 acre tract of land generally located south of N.E. Russell Road and on both sides of N.E. Davidson Road (proposed). (5470-CUP-14)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a community unit project on an approximately 26 acre tract of land generally located south of N.E. Russell Road and on both sides of N.E. Davidson Road (proposed), and more specifically described as follows:

 

A tract of land in the Northwest Quarter of the Northwest Quarter of Section 12, and in the Northeast Quarter of the Northeast Quarter of Section 11, all in Township 50, Range 33, Kansas City, Clay County, Missouri, described as follows: Commencing at the northwest corner of said Quarter Quarter section; thence South 8931'37" East along the north line of said Quarter Quarter section, 652.63 feet (652.88 feet deed) to the northeast corner of a tract described in Document D-45413 filed May 3, 1977 in Book 1255 on page 329; thence South 042'13" West along the east line of said tract, 20.00 feet for a true point of beginning; thence continuing South 042'13" West, along said east line of said tract, 638.04 feet to the southeast corner of said tract; thence North 8933'27" West along the south line of said tract and its westerly prolongation, 760.00 feet; thence South 046'45" West along the said west line, 180.00 feet; thence South 1810'44" East, 394.80 feet; thence South 3117'13" East, 220.78 feet; thence South 8959'06" East, 56.06 feet to a point on a curve; thence southeasterly along a curve to the left having a radius of 825.00 feet, with an initial tangent bearing of South 3926'17" East; an arc length of 369.70 feet to a point on a curve; thence northeasterly along a curve to the right having an initial tangent bearing of North 1627'15" East, a radius of 1155.00 feet, an arc length of 662.84 feet to a point of tangency; thence North 4920'08" East, 260.00 feet to a point of curvature; thence northeasterly and northerly along a curve to the left having a radius of 790.00 feet, an arc length of 675.58 feet to a point of tangency; thence North 020'18" East, 281.94 feet; thence North 8931'37" West along a line parallel with and 20.00 feet south of the north line of the Quarter Quarter section, 642.78 feet to the point of beginning, containing 25.90 acres, more or less.

 

is hereby approved, subject to the following conditions:

 

1. That the developer submit a final community unit project plan to the City Plan Commission for approval including plans for landscaping, grading, signage, screening, berming, and fencing.

 

2. That the developer cause the area to be platted and processed according to Chapter 66, Code of General Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

3. That the developer submit new or 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 and make 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 beginning any construction activities.

 

5. That the developer dedicate additional right of way for N.E. Davidson Road as required by Development Services so as to provide 80 feet of right of way, beginning at the south boundary line of the development and tapering to a width of 30 feet of right of way at its alignment with N.E. Russell Road, as shown on the community unit project plan.

 

6. That the developer improve N.E. Davidson Road full width to modified collector street standards as required by Development Services and the Board of Parks and Recreation Commissioners, and as detailed on the community unit project plan, including construction of curb, gutter, sidewalks and installation of streetlights.

 

7. That the developer secure a floodplain certificate for any construction within a floodplain and include the limits of the floodplain on any final plats.

 

8. That the developer submit a street name signage plan to the Street Naming Committee for approval prior to the submittal of the first final plat.

 

9. That the developer comply with the Kansas City International Airport/Kansas City Downtown Airport Height Zoning restrictions and that such restrictions be included on the final plat.

 

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

 

11. That the developer provide for fire protection as required by the Fire Department.

 

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

 

13. That the developer submit a street tree planting plan as part of the final plat and secure the approval of the City Forester for street trees planted within right-of-way, with a copy to be submitted to the City Development Department staff. The plan shall include size, type, species, and placement of trees.

 

14. That the developer submit a Certificate of Survey to the Department of City Development for approval prior to the sale of any individual unit.

 

15. That the developer submit any plan for the use on existing and/or proposed parkland for review and approval by the Board of Parks and Recreation Commissions.

 

16. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, grading, signage, screening, berming and fencing.

 

17. That the developer submit new or 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 and make necessary improvements as required by Development Services.

 

18. 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.

 

19. 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.

 

20. That temporary off-site cul-de-sacs be constructed as required by Development Services.

 

21. That the developer secure permits to construct new 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.

 

22. 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.

 

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

 

24. 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.

 

25. That the developer show the limits of the 100-year floodplain on the final plat.

 

26. That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on the final plat.

 

27. 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.

 

28. That the developer submit a minor subdivision plat to the City for approval prior to the sale of individual units which requires that separate sanitary sewer and water services will be provided for each unit as required by Chapter 18.

 

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