Land Use Committee
Amendment II
August 24, 2007
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE amending the zoning districts established pursuant to the Unified Development Code by changing from A (Agricultural) to District RS (Residential Suburban) a certain 177+ acre tract and approving the preliminary plat "Woodland Trails," creating a 114-lot residential subdivision subject to specified conditions.
Intro
ORDINANCE # 3907, July 9, 2007
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section 1. The Zoning Order of Jackson County, Missouri, and the official maps which are a part thereof, are amended by changing the boundaries of the "A" (Agricultural) District and the RS (Residential Suburban) District so that there will be transferred from District A and District RS, a tract of land described as follows:
Description:
The 177 ± acres are approximately one mile south of U.S. Highway 50 on the east side of Smart Road and approximately ½ mile south of U.S. Highway 50 on the west side of Harris Road and specifically described as all that part of Section 13, Township 47 north of the baseline, Range 31 west of the 5th principal meridian, Jackson County, Missouri described as follows: beginning at the center of said Section 13, thence north 02 degrees 04 minutes 11 seconds east along the west line of the northeast quarter of said section a distance of 663.38 feet to the northwest corner of the south half of the south half of the northeast quarter of said Section 13; thence south 87 degrees 16 minutes 13 seconds east along the north line of said south half distance of 1329.64 feet to the northeast corner of the west half of the south half of the south half of the northeast quarter of said Section 13; thence south 02 degrees 05 minutes 49 seconds west along the east line of said west half a distance of 661.61 feet to center of the north line of the southeast quarter of said Section 13; thence south 01 degrees 59 minutes 40 seconds west along the west line of the east half of the north 330 feet of the southeast quarter of said Section 13 a distance of 330.02 feet to the south line of said 330 feet; thence south 87 degrees 20 minutes 46 seconds east along the south line of said 330 feet, a distance of 1289.42 feet to the west right of way line of Harris Road; thence south 01 degrees 58 minutes 29 seconds west along Harris Road right of way parallel with and 40 feet west of the east line of said Section 13 a distance of 332.39 feet to the northeast corner of Lot 2 Jackson Estates; thence north 87 degrees 20 minutes 46 seconds west along the north line of said Lot 2 and the north line of Tract 1 described in document 200310043554 a distance of 881.41 feet to the northwest corner of said Tract 1; thence south 02 degrees 52 minutes 54 seconds west along the west line of said Tract 1 a distance of 662.48 feet to the north line of Trophy Estates as described at Book 37, Page 92 of the Jackson County Recorders Office; thence north 87 degrees 21 minutes 10 seconds west along the north line of said Trophy Estates a distance of 1727.64 feet to the northwest corner of said Trophy Estates and the east line of the southwest quarter of said Section 13; thence south 02 degrees 00 minutes 51 seconds west along the west line of said Trophy Estates and the east line of the southwest quarter of said Section 13 a distance of 1325.12 feet to the southwest corner of said Trophy Estates and the south quarter corner of said Section 13; thence north 87 degrees 35 minutes 06 seconds west along the south line of said Section 13 a distance of 1329.98 feet to the southwest corner of the southeast quarter of the southwest quarter of said Section 13, said point also being on the north line of Woodland Lake Estates a subdivision described in document 200310134249; thence north 02 degrees 05 minutes 23 seconds east along the west line of the southeast quarter of the southwest quarter of said Section 13 a distance of 1326.50 feet to the southeast corner of the northwest quarter of the southwest quarter of said Section 13; thence north 87 degrees 31 minutes 30 seconds west along the south line of said northwest quarter a distance of 1293.24 feet to the east right of way line of Smart Road; thence north 02 degrees 09 minutes 55 seconds east along the Smart Road right of way parallel with and 35 feet east of the west line of said Section 13 a distance of 663.92 feet to the south line of the north half of the northwest quarter of the southwest quarter of said Section 13; thence south 87 degrees 29 minutes 43 seconds east along the south line of said north half a distance of 1292.37 feet to the southeast corner of said north half; thence north 02 degrees 05 minutes 23 seconds east along the east line of said north half a distance of 663.25 feet to the northeast corner of said north half; thence south 87 degrees 27 minutes 55 seconds east long the north line of the southwest quarter of said Section 13 a distance of 1326.50 feet to the point of beginning, and containing 177.172 acres.
Section 2. The preliminary plat "Woodland Trails," creating a 114-lot residential subdivision, is hereby approved, subject to the following conditions:
A. The development will be designed and constructed to meet a minimum fire flow of 1000 gallons per minute as required by Public Water Supply District No. 14 and the City of Lee's Summit.
The developer shall revise the preliminary plat as stated in Staff's response to item C to include the creek channel and 25 feet of the bank into designated tracts owned and maintained by the CID (Community Improvement District).
The developer shall provide to the County a letter of credit or escrow funds in the amount of $400,000 to be used toward the Outer Road (Oldham Parkway) from RA to Smart Road or off-site construction improvements to help mitigate traffic impacts at U.S. 50 Highway, Smart Road, and Harris Road. If the Outer Road or off-site construction improvements at U.S. 50 Highway, Smart Road, and/or Harris Road are not built within five years, then those funds will be used for improvements to Browning Road.
The developer and staff shall modify the collector street curve radii design criteria to ensure traffic calming through the development.
The developer shall revise the preliminary plat so that no proposed street in Woodland Trails connects to 130th Street or Howard Street in the Trophy Estates subdivision.
Section 3. The Legislature, pursuant to the application of L&R Real Estate, LLC (RZ-2007-429), requesting the amendment embodied in this Ordinance and with notice that the Jackson County Plan Commission, by a vote of 5-2, recommended approval of this application at a public hearing on June 21, 2007, does adopt this Ordinance pursuant to the Jackson County Charter authorizing the Legislature to exercise legislative power pertaining to planning and zoning.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
____________________________ _______________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3907 introduced on July 9, 2007, was duly passed on August 27, 2007 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______7________ Nays _______0_______
Abstaining _____0______ Absent _____2_______
This Ordinance is hereby transmitted to the County Executive for his signature.
________________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3907.
_______________________ ________________________________
Date Michael D. Sanders, County Executive