ORDINANCE NO. 040970

Approving an amendment to a previously approved preliminary plan in District GP-5 on approximately a 104 acre tract of land generally located on the north side of N.W. Cookingham Drive, approximately 350 feet west of N. Congress Avenue. (11966-GP-7)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District GP-5 (Medium Density Residential) on approximately a 104 acre tract of land generally located on the north side of N.W. Cookingham Drive, approximately 350 feet west of N. Congress Avenue, more specifically described as follows:

A tract of land in the Southeast Quarter and the Southwest Quarter of Section 13, Township 52, Range 34, Kansas City, Platte County, Missouri, being described as follows: Commencing at the Southeast corner of the Southwest Quarter of Section 13, Township 52, Range 34; thence North 00E4405 West, along the East line of said Section a distance of 20.09 feet to a point; thence Beginning at the intersection of the West line of Ferrelview, a subdivision of land in Platte County, Missouri, and the Northerly right-of-way line of Missouri Route 291, as now established; thence North 89E2553 West, along said Northerly right-of-way line, 193.85 feet; thence North 54E4246 West, along said Northerly right-of-way line, 108.16 feet; thence North 16E5202 West, along said Northerly right-of-way line, 262.98 feet; thence North 44E3528 West, along said Northerly right-of-way line, 253.85 feet; thence North 54E4826 West, along said Northerly right-of-way line, 255.20 feet; thence North 71E4414 West, along said Northerly right-of-way line, 185.89 feet; thence North 82E5751 West, along said Northerly right-of-way line, 568.22 feet to its intersection with the West line of the East, 72.5 acres of the West 145 acres of said Southwest Quarter; thence North 00E4405 East, along said West line, 1866.60 feet to a point on the North line of said Southwest Quarter; thence South 89E4111 East, along the North line of said Southwest Quarter, 1473.58 feet to the West line of said Ferrelview; thence South 00E1527 West, along said West line, 1960.21 feet; thence North 89E3725 West, 250.00 feet; thence South 00E1527 West, 300.00 feet; thence South 89E3725 East, 250.00 feet to a point on the West line of said Ferrelview; thence South 00E1527 West, along said West line, 369.98 feet to the Point of Beginning. Containing 72.62 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer submit a certificate of survey to the Department of City Development for approval prior to sale of individual units.

2. That the developer construct sidewalks on one side of the street as required by the Department of Public Works.

3. That the developer receive the approval of the Missouri Department of Transportation prior to working within any State right of way.

4. That the developer receive the approval of the Missouri Highway and Transportation Department for access locations onto the frontage road.

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

6. That the developer extend sanitary sewers as required by the Department of Public Works.

7. That, for the frontage road between N. W. Cookingham Drive and the projects main entrance, the developer construct and integrate streetlights into the existing public streetlight system, as required by the City Engineers Office.

8. That the developer submit amended covenants, conditions and restrictions to the Law Department for approval for maintenance of any private open spaces and/or private streets.

9. That the developer shall improve Frontage Road to the Citys local street standards in conjunction with any future phase as required by the Department of Public Works.

10. That the developer shall construct an eastbound left-turn lane from N.W. Cookingham Drive to Frontage Road in conjunction with any future phase as required by the Missouri Department of Transportation.

11. That the developer grant an Aviation and Noise Easement to the City as required by the Aviation Department.

12. That the developer construct all structures in compliance with the height restrictions of the KCI Airport Height Zoning map.

13. That the developer submit a final plan to the City Plan Commission for approval, including elevation drawings and plans for grading, landscaping, screening, berming, lighting and signage.

A copy of said amendment is on file in the office of the City Clerk under Document No. 040970, 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 amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney