COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 020057

Approving a Community Unit Project on an approximately 36.32 acre tract of land generally located one-quarter mile west of N. Brighton Avenue, on the south side of N.E. Barry Road. (12321-CUP-5)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 36.32 acre tract of land generally located one-quarter mile west of N. Brighton Avenue, on the south side of N.E. Barry Road, and more specifically described as follows:

All that part of the Southwest Quarter of Section 8, Township 51, Range 32, Kansas City, Clay County, Missouri, being described as follows: Commencing at the northeast corner of said Southwest Quarter; thence North 89E01'49" West, along the north line of said Southwest Quarter, 1313.00 feet; thence South 0E58'11" West, 30.00 feet to a point on the southerly right of way line of N.E. Barry Road, as now established, said point being the true point of beginning of the tract to be herein described; thence continuing South 0E58'11" West, 340.00 feet; thence South 89E01'46" East, 540.00 feet; thence South 0E58'11" West, 558.68 feet to a point on the northerly right of way line of Missouri Route 152, as now established; thence South 66E08'11" West, along said northerly right of way line, 164.23 feet; thence South 85E35'47" West, along said southerly right of way line, 360.37 feet; thence westerly, along said southerly right of way line on a curve to the right, tangent to the last described course, having a radius of 2684.79 feet, a central angle of 28E12'56", an arc distance of 1322.14 feet; thence North 67E31'26" West, along said northerly right of way line, 43.02 feet to a point on the west line of said Southwest Quarter; thence North 0E14'47" East, along said west line, 786.94 feet to a point on the southerly line of said N.E. Barry Road; thence South 89E01'49" East, along said southerly line 1311.42 feet to the true point of beginning. Containing 36.32 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 and that the developer make 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 Engineers Office for approval prior to beginning any construction activities.

4. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

5. 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.

6. That the developer dedicate additional right of way on the south side of N.E. Barry Road as required by the Department of Public Works so as to provide 30 feet of right of way as measured from the centerline of N.E. Barry Road.

7. That the developer improve the south half of N.E. Barry Road to collector street standards as required by the Department of Public Works, including construction of curb, gutter, sidewalks and installation of streetlights.

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

9. That the developer include the approved noise levels for the 70 dBA noise contour on all final plats which have frontage on all state and federal roadways and include language on the final plats that no residential uses will be allowed within these noise contours.

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

11. That the developer secure a permit from the Missouri Department of Transportation prior to working within any State right of way.

12. That the developer secure the approval of the Department of City Development of a Certificate of Survey prior to the sale of any individual units.

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

14. That the developer secure a floodplain certificate from the Department of Codes Administration prior to beginning any construction activities within the floodplain.

15. That the developer show the limits of the floodplain on the final plats as required by the Department of Public Works.

16. 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.

17. 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.

18. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of the private open space.

19. That the developer receive the approval of the City Council by passage of a separate ordinance for the encroachment of the monument sign within the right of way of N. Elmwood prior to installation of the monument sign.

20. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, grading, signage (including elevations), and building materials and elevations.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 020057, 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.

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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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Assistant City Attorney