SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050218

Approving an amendment to a previously approved Community Unit Project on an approximately 175.42 acre tract of land generally located on the east side of N. Stark Avenue between approximately N.E. 116^th Street and 1,300 feet north of N.E. 120 ^th Street extended on the north. (12536-CUP-3)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section A. That an amendment to a previously approved Community Unit Project on an approximately 175.42 acre tract of land generally located on the east side of N. Stark Avenue, between approximately N.E. 116^th Street and 1,300 feet north of N.E. 120^th Street extended on the north, and more specifically described as follows:

All that part of the Southwest Quarter of Section 14 and all that part of the Northwest Quarter of Section 23, all in Township 52, Range 32, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Northwest Quarter of said Section 23; thence North 893630 West, along the North line of said Northwest Quarter, 82.50 feet to the True Point of Beginning of the tract to be herein described; thence South 01850 West, 247.50 feet; thence South 893630 East, 82.50 feet to a point on the East line of said Northwest Quarter; thence South 01850 West, along said East line, 2196.75 feet; thence North 894204 West, 2642.28 feet to a point on the West line of the Northwest Quarter of said Section 23; thence North 01313 East, along said West line, 2448.53 feet to the Southwest corner of the Southwest Quarter of said Section 14; thence North 01820 East, along the West line of said Southwest Quarter, 590.00 feet; thence South 893630 East, 1322.17 feet; thence South 841740 East, 128.05 feet; thence South 575605 East, 203.83 feet; thence South 402512 East, 103.73 feet; thence South 730933 East, 600.29 feet; thence South 682753 East, 86.77 feet; thence South 583453 East, 87.28 feet; thence South 483958 East, 87.28 feet; thence South 460035 East, 105.33 feet; thence South 00700 West, 16.50 feet to the True Point of Beginning. Containing 175.42 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 Kansas City, Missouri, commonly known as the Subdivision Regulations.

2. That the developer submit a new or updated macro storm drainage study to the City Engineers Office for approval and a macro storm drainage study for review and verification of compliance with current adopted standards when the next final plat is submitted and that the developer make any necessary 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 Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

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

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

7. 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.

8. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of the private open space and for fencing material and heights of fencing along N. Stark Avenue and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

9. That the developer dedicate additional right of way for N. Stark Avenue as required by the Department of Public Works to provide a total of 36 feet of right of way as measured from the centerline of N. Stark Avenue.

10. That the developer improve the eastern half of N. Stark Avenue to collector street standards as required by the Department of Public Works including construction of curb, gutter and sidewalks and installation of streetlights. Developer shall also provide a minimum of two 12 foot driving lanes within the N. Stark right of way as required by the Department of Public Works.

11. That the developer construct temporary cul-de-sacs as required by the Department of Public Works.

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

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

14. That the developer extend sanitary sewers as required by the City Engineers Office.

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

16. That the developer provide for adequate sight distances at all street intersections as required by the City Engineers Office.

17. That the developer submit a final community unit project plan to the City Plan Commission for approval, including plans for landscaping, signage and grading. The final plan shall include berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of signage.

18. That the developer enter into a covenant enforceable by the City for the installation, design and maintenance of fencing along N. Stark as required by the Department of Public Works at the time of approval of any final plat adjacent to N. Stark.

A copy of said Community Unit Project plan amendment is on file in the office of the City Clerk with this ordinance, 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