ORDINANCE NO. 040059

Approving a Community Unit Project on an approximately 30 acre tract of land generally located 1500 feet north of Phelps Road on the west side of Lees Summit Road. (13011-CUP-1)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 30 acre tract of land generally located 1500 feet north of Phelps Road on the west side of Lees Summit Road, and more specifically described as follows:

All that part of the Northeast Quarter of Section 36, Township 49, Range 32, Kansas City, Jackson County, Missouri, described as follows: Beginning at the northeast corner of the Northeast Quarter of said Section 36; thence South 01 degrees 50 minutes 40 seconds West along the east line of the Northeast Quarter of said Section 36, a distance of 49.53 feet to the northwest corner of the Northwest Quarter of Section 31, Township 49, Range 31; thence South 01 degrees 46 minutes 05 seconds West along the east line of the Northeast Quarter of said Section 36, a distance of 1087.38 feet; thence North 87 degrees 03 minutes 41 seconds West, a distance of 47.74 feet to the point of beginning of the tract of land herein to be described, said point also being on the westerly right-of-way line of Lee's Summit Road; thence southerly along said right-of-way line along a curve to the left having an initial tangent bearing of South 05 degrees 01 minutes 59 seconds West and a radius of 760.00 feet, an arc distance of 39.83 feet; thence continuing along said right-of-way line South 08 degrees 02 minutes 09 seconds West, a distance of 155.07 feet; thence continuing along said right-of-way line, southerly along a curve to the right, being tangent to the last described course and having a radius of 840.00 feet, an arc distance of 89.57 feet; thence continuing along said right-of-way line South 01 degrees 55 minutes 35 seconds West, a distance of 399.21 feet to the south line of the North 15 acres of the Southeast Quarter of the Northeast Quarter of said Section 36; thence North 87 degrees 05 minutes 26 seconds West along said line, a distance of 1242.56 feet to the west line of the East Half of the Northeast Quarter of said Section 36; thence North 01 degrees 49 minutes 50 seconds East along said line, a distance of 1257.23 feet to the south line of the North 17 acres of the Northeast Quarter of the Northeast Quarter of said Section 36; thence South 87 degrees 03 minutes 41 seconds East along said line, a distance of 795.03 feet; thence South 01 degrees 55 minutes 46 seconds West, a distance of 573.63 feet; thence South 87 degrees 03 minutes 41 seconds East, a distance of 474.16 feet to the point of beginning. Said tract contains 30.03 acres.

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 Kansas City, Missouri, as amended, commonly

known as the Subdivision Regulations.

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

3. That the developer submit an overall storm drainage study to the City Engineers Office for approval at the time the first final plat is submitted, with detailed storm drainage studies to be submitted for each phase of development at the time of final platting, and that the developer make any improvements as required by the City Engineers Office.

4. 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.

5. That the developer obtain the grading consents, and all grading, temporary construction and drainage easements from the abutting property owner prior to submitting any public improvements.

6. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources if the disturbed area of the entire development exceeds one acre.

7. 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.

8. That the developer dedicate additional right of way for Lees Summit Road as required by the Department of Public Works so as to provide a total of 52 feet of right of way as measured from the centerline of Lees Summit Road.

9. That the developer construct a northbound left turn lane with adequate tapers on Lees Summit Road at the entrance to the proposed development as required by the Department of Public Works.

10. That the developer construct a southbound right turn lane with adequate tapers on Lees Summit Road at the entrance to the proposed development as required by the Department of Public Works.

11. That the developer provide adequate sight distance for Lees Summit Road at the proposed public street entrance into the subdivision as required by the Department of Public Works.

12. That any relocated streetlights be integrated into the existing street lighting system as required by the Department of Public Works.

13. That the developer construct all internal streets to residential street standards with a minimum right of way of 50 feet, including curbs, gutters, sidewalks and installation of streetlights, as required by the Department of Public Works.

14. That the developer submit covenants, conditions and restrictions to the Law Department prior to the approval of each final plat.

15. That the developer extend water mains and provide easements as required by the Water Services Department.

16. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

17. That the developer construct sanitary and storm sewers and determine adequacy as required by the City Engineers Office.

18. That the developer submit a street tree planting plan to the City Forester at the time that a final plat is submitted, with a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer shall plant in accordance with the plan approved by the City Forester.

19. That the developer submit a final plan to the City Plan Commission for approval of the private open space tract(s) and subdivision monument sign, including detailed information on grading, landscaping, playground equipment, any proposed structures (including elevations), and sign elevations.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 040059, 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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M. Margaret Sheahan Moran

Assistant City Attorney