ORDINANCE NO. 040525

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0561, rezoning an area of approximately 44.09 acres generally located in the northeast corner of the intersection of N.W. Tiffany Springs Road and N. Green Hills Road from District GP-6 (Low Density Residential Uses) to District GP-4 (High Density Residential Uses), and approving a development plan for the same. (10633-GP-3)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0561, rezoning an area of approximately 44.09 acres generally located in the northeast corner of the intersection of N.W. Tiffany Springs Road and N. Green Hills Road from District GP-6 (Low Density Residential Uses) to District GP-4 (High Density Residential Uses), said section to read as follows:

Section 80-11A0561. That an area legally described as follows:

A tract of land being part of the Northeast 1/4 of Section 5, Township 51 North, Range 33 West, Kansas City, Platte County, Missouri, described as follows: Beginning at the northwest corner of the Northeast 1/4 of Section 5, Township 51 North, Range 33 West, thence South 0E24'38 East, along the west line of said Northeast 1/4 of Section 5, 329.78 feet to the true point of beginning; thence South 89E35'22 East, 77.48 feet; thence southeasterly on a curve to the right having a radius of 300 feet and tangent to the last described course, an arc distance of 317.07 feet; thence South 29E02'00 East, 61.82; thence southeasterly on a curve to the left having a radius of 300 feet and tangent to the last described course, an arc distance of 146.26 feet; thence South 56E58'00 East, 782.67; thence South 33E01'51 West, 185.00 feet; thence South 56E58'00 East, 388.00 feet; thence South 34E11'00 East, 310.00 feet; thence South 19E24'38 East, 524.10 feet; thence southwesterly along a curve to the right having a radius of 1100.00 feet and tangent to the course South 64E43'10 West, an arch distance of 1279.29 feet; thence North 48E38'46 West, 66.84 feet; thence northwesterly along a curve to the left, having a radius of 650.00 feet and tangent to the last described course, an arc distance of 469.15 feet; thence North 90E00'00 West, 29.80 feet to a point on the said west line of the Northeast 1/4 of said Section 5; thence North 00E24'38 East, along said west line 1483.79 feet (Deed = North 00E24'22 East) to the true point of beginning. Containing 1,920,342.87 square feet (44.0850 acres).

is hereby rezoned from District GP-6 (Low Density Residential Uses) to District GP-4 (High Density Residential Uses), all as shown outlined on a map marked Section 80-11A0561, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and as an amendment to Section 80-11 thereof.

Section B. That a development plan for the area legally described above 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 macro overall storm drainage study for the entire development to the City Engineers Office for approval at the time the first plat is submitted, with a micro detailed storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by the City Engineers Office.

3. That the developer dedicate a minimum right of way on the east side of N. Green Hills Road of 98 feet as measured from the centerline of N. Green Hills Road at the intersection of N. Green Hills Road and Tiffany Springs Road extending north from the centerline of Tiffany Springs Road 92 feet to accommodate a roundabout, as required by the Department of Public Works.

4. That the developer satisfy intersection sight distance criteria as per AASHTO sight distance standards at all the proposed streets, driveways and access points.

5. That the developer construct a northbound right turn lane of 150 feet (minimum) in length with adequate taper at the intersection N. Green Hills Road and Tiffany Springs Road at a time when the northbound right turning vehicles are more than 75 in the peak hour.

6. That the developer dedicate a minimum 80 feet of right of way for Tiffany Springs Road per secondary arterial street standards (throughout the length of the development) and dedicate an additional 12 feet of right of way on the north side of Tiffany Springs Road as measured from the centerline of Tiffany Springs Road at the intersection of N. Green Hills Road and Tiffany Springs Road to provide an exclusive left turn lane as required by the Department of Public Works.

7. That the developer construct a shared through/right turn lane and westbound left turn lane a minimum 150 feet in length with adequate taper at the intersection of N. Green Hills Road and Tiffany Springs Road.

8. That the developer design and construct all roundabouts within the development as modern roundabouts as required by the Department of Public Works.

9. That the developer dedicate additional right of way for N. Green Hills Road as required by the Department of Public Works so as to provide a total of 56 feet of right of way on the east side of N. Green Hills Road as measured from its centerline.

10. That the developer construct sidewalks in accordance with the approved walkability plan along all existing right of way with the plat.

11. That the developer design and construct all interior streets to City standards as required by the Department of Public Works.

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

13. That the temporary off-site cul-de-sacs be constructed as required by the Department of Public Works.

14. That the developer construct the 4 foot sidewalks along all proposed interior street frontages on both sides of the public streets as required by the Department of Public Works at the time right of way is platted with each plat.

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

16. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any construction activities.

17. 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.

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

19. That the developer extend sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

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

21. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

22. That the developer secure permits to construct/reconstruct existing sidewalks and curbs and gutters along the project frontage as required by the Department of Public Works prior to receive a certificate of occupancy.

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

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

25. 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.

26. That prior to transferring title to any townhome unit, a certificate of survey for such unit shall have been approved in accordance with the Lot Split procedure of Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

27. That the developer submit a final plan to the City Plan Commission for approval for Tracts L, M, N and K, including detailed information on landscaping, grading, signage (including elevations), building elevations for each structure per staff approval, and lighting, including a photometric study.

A copy of said development plan is on file in the office of the City Clerk under Document No. 040525, which is attached hereto and made a part hereof.

Section C. 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