COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030392

Amending Committee Substitute for Ordinance No. 001699 by repealing Section A and enacting a new Section A, in connection with the community unit project of Staley Farms on a 559 acre tract of land located on the east side of N. Woodland Avenue, south and west of N.E. Staley Road and north of N.E. 100th Street by deleting Condition Nos. 6, 12, and 26 contained therein and amending Condition Nos. 7, 9 10 and 23. (11660-CUP-3)

WHEREAS, on February 15, 2001, the Council approved a Community Unit Project on a 559 acre tract of land generally located on the east side of N. Woodland Avenue, south and west of N.E. Staley Road and north of N.E. 100th Street by Committee Substitute for Ordinance No. 001699, that included certain conditions that required the developer to make certain roadway improvements to Shoal Creek Parkway, N. Indiana, and N. Woodland Avenue; and

WHEREAS, the Public Works Department, the City Development Department and the developer have determined that it is appropriate and in the best interest of the City to delete and modify certain conditions specified in Committee Substitute for Ordinance No. 001699 for the Community Unit Project; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Amending Committee Substitute for Ordinance No. 001699 by repealing Section A and enacting a new Section A, in connection with the community unit project of Staley Farms on a 559 acre tract of land located on the east side of N. Woodland Avenue, south and west of N.E. Staley Road and north of N.E. 100th Street by deleting Condition Nos. 6, 12, and 26 contained therein and amending Condition Nos. 9 and 10, to read as follows:

Section A. That a Community Unit Project on an approximately 559 acre tract of land generally located east of N. Woodland Avenue, south and west of N.E. Staley Road and north of N.E. 100th Street, and more specifically described as follows:

All that part of the Northeast Quarter and Southeast Quarter of Section 25, the Northeast Quarter of Section 36, all in Township 52, Range 33, all that part of the Southwest Quarter of Section 30; the West one-half of the Northeast Quarter of Section 31, and the Northwest Quarter of Section 31, all in Township 52, Range 32, all being in Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the Southeast corner of the Northeast Quarter of Section 36, Township 52, Range 33; thence North 89 15'00" West, along the South line of said Northeast Quarter, 2613.27 feet to the Southwest corner of said Northeast Quarter; thence North 0 27'00" East, along the West line of said Northeast Quarter, 2636.27 feet to the Southwest corner of the Southeast Quarter of Section 25; thence North 0 43'50" East, along the West line of the Southeast Quarter of said Section 25, 2663.90 feet to the Southwest corner of the Northeast Quarter of said Section 25;

thence North 0 42'59" East, along the West line of the Northeast Quarter of said Section 25, 245.06 feet; thence South 89 52'00" East, 80.26 feet; thence Southeasterly, along a curve to the right, tangent to the last described course, having a radius of 2712.00 feet, an arc distance of 1098.78 feet; thence South 66 39'10" East, 1603.93 feet to a point on the East line of said Section 25; thence South 0 30'16" West, along said East line, 1519.15 feet; thence South 89 45'58" East, 15.30 feet to a point on the centerline of Staley Road, as now established; thence South 0 32'19" West along said centerline, 2.73 feet; thence Southeasterly along said centerline, on a curve to the left, tangent to the last described course, having a radius of 150.00 feet, an arc distance of 235.61 feet; thence South 89 27'28" East, along said centerline, 1975.51 feet; thence Easterly, along said centerline, on a curve to the right, tangent to the last described course, having a radius of 300.00 feet, an arc distance of 164.72 feet; thence South 57 59'55" East, along said centerline, 342.63 feet; thence Southeasterly, along said centerline, on a curve to the left, tangent to the last described course, having a radius of 966.70 feet, an arc distance of 264.05 feet; thence Southeasterly, along said centerline, on a curve to the right, having a common tangent with the last described course, having a radius of 1042.61 feet, an arc distance of 168.93 feet; thence South 64 21'55" East, along said centerline, 173.14 feet; thence Southeasterly, along said centerline, along a curve to the left, tangent to the last described course, having a radius of 1507.54 feet, an arc distance of 189.88 feet; thence South 71 34'55" East, along said centerline, 401.68 feet; thence Southeasterly, along said centerline, on a curve to the right, tangent to the last described course, having a radius of 300.00 feet, an arc distance of 146.73 feet to a point on the East line of the West one-half of the Northeast Quarter of said Section 31; thence South 0 29'35" West, along said East line, 2357.74 feet to the Southeast corner of said West one-half; thence North 88 53'06" West, along the South line of said Northeast Quarter, 1313.01 feet to the Southeast corner of the Northwest Quarter of said Section 31; thence North 88 53'06" West, along the South line of said Northwest Quarter, 2514.42 feet to the Point of Beginning. Except that part granted to Missouri Public Service Company as contained in the Report of Commissioners recorded in Book 1102, at Page 436, being described as follows: Beginning at a point on the West line of the Northeast Quarter of said Section 36, said point being 64.00 feet South of the Northwest corner of said Northeast Quarter; thence South 89 23'36" East, 200.00 feet; thence North 0 27'00" East, 64.00 feet to a point on the north line of said Northeast Quarter; thence South 89 23'36" East along said North line, 400.00 feet; thence South 0 27'00" West, 214.00 feet; thence North 89 23'36" West, 400.00 feet; thence North 0 27'00" East, 130.00 feet; thence North 89 23'36" West, 200.00 feet to a point on the West line of said Northeast Quarter; thence North 0 27'00" East, along said West line 20.00 feet to the Point of Beginning and except All that part of the Southeast Quarter of Section 25 and all that part of the Northeast Quarter of Section 36, all in Township 52, Range 33, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 36; thence North 89 23'36" West, along the North line of said Northeast Quarter, 167.30 feet to the True Point of Beginning of the tract to be herein described; thence South 57 18'14" East, 145.33 feet; thence South 19 04'16" West, 202.68 feet; thence South 03 32'07" East, 282.43 feet; thence Southwesterly, along a curve to the left, having an initial tangent bearing of South 62 45'52" West, a radius of 280.00 feet, an arc distance of 15.20 feet; thence South 60 05'35" West, 155.23 feet; thence Northwesterly, along a curve to the right, having an initial tangent bearing of North 28 02'51" West, a radius of 1000.00 feet, an arc distance of 742.82 feet; thence North 19 23'31" East, 30.00 feet; thence North 09 03'13" East, 620.49 feet; thence North 79 53'39" East, 324.05 feet; thence South 81 24'17" East, 128.52 feet; thence Southerly, along a curve to the left, having an initial tangent bearing of South 08 35'43" West, a radius of 220.00 feet, an arc distance of 96.85 feet; thence South 16 37'38" East, 80.79 feet; thence South 73 22'22" West, 33.36 feet; thence Southwesterly, along a curve to the left, tangent to the last described course, having a radius of 200.00 feet, an arc distance of 275.04 feet; thence South 05 25'10" East, 51.56 feet; thence North 84 34'50" East, 88.00 feet; thence South 57 18'14" East, 145.84 feet to the True Point of Beginning. Containing 558.57 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer cause the area 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 storm drainage study for the entire development to the City Engineers Office for approval 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 the commencement of any construction activities.

4. That the developer dedicate additional right of way for Shoal Creek Parkway as required by the Board of Parks and Recreation Commissioners so as to provide 100 feet of right of way as measured from the centerline of the Shoal Creek Parkway.

5. That the developer dedicate additional right of way for N. Woodland Avenue (proposed Maplewoods Parkway) as required by the Department of Public Works so as to provide 75 feet of right of way as measured from the centerline of N. Woodland Avenue (proposed Maplewoods Parkway).

6. That the developer dedicate additional right of way for N.E. 100th Street 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. 100th Street.

7. That the developer improve the north half of N.E. 100th Street to collector street standards as required by the Department of Public Works, including installation of streetlights.

8. That the developer dedicate additional right of way for N.E. Staley Road as required by the Department of Public Works, so as to provide 30 feet of right of way at all locations except at locations using stations along the centerline of N.E. Staley Road with 100+00 commencing at the intersection of North Olive Avenue increasing to the East and Southeast between Station 104+77.20 to Station 110+27.20 and between Station 113+20.60 to Station 115+56.60 where existing cultural resources will reduce the dedication to 25 feet of right of way, and between Station 125+17.10 to Station 127+52.00 where existing cultural resources will reduce the dedication to 20 feet of right of way using stations, as measured from the centerline of N.E. Staley Road.

9. That the developer improve N.E. Staley Road to collector street standards as required by the Department of Public Works, including the widening of both sides of existing N.E. Staley Road to provide two (2) twelve (12) feet lanes with six (6) feet shoulders, street lights, roadside drainage, and transition tapers as may be necessary to tie to existing bridge replacement City improvements, and that the improvement between N. Woodland and the North South leg of N.E. Staley Rd be constructed at the time development occurs along that frontage, and that the remainder of the improvement to the east limits of the development be constructed prior to the platting of more than 50 lots within phase four.

10. That the developer dedicate 100 feet of right of way for N. Indiana Avenue as required by the Department of Public Works as shown on the Community Unit Project plan.

11. 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.

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

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

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

15. 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.

16. That the developer secure the approval of the Board of Zoning Adjustment for any proposed neighborhood identification signs prior to the issuance of any sign permits.

17. That the developer construct sidewalks along all non-single family residential lots and tracts as required by the Department of Public Works prior to the recording of the plat.

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

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

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

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

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

23. That the developer widen N.E. 100th Street so as to provide a minimum of two 12 foot lanes to collector street standards at time of platting as required by the Department of Public Works.

24. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute 24.5% or a maximum of $36,750.00 of the cost of the traffic signal at the intersection of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. L.P. Cookingham Drive at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the traffic signal warrant is met.

25. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute 34.5% or a maximum of $51,750.00 of the cost of the traffic signal at the intersection of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. 100th Street at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the traffic signal warrant is met.

26. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute 38.5% or a maximum of $57,750.00 of the cost of the traffic signal at the intersection of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the traffic signal warrant is met, unless such improvement is already installed on N. Woodland Avenue (proposed Maplewoods Parkway).

27. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute 37% or a maximum of $55,500.00 of the cost of the traffic signal at the intersection of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. 106th Street at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the traffic signal warrant is met, unless such improvement is already installed on N. Woodland Avenue (proposed Maplewoods Parkway).

28. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute 24.5% or a maximum of $36,750.00 of the cost of the traffic signal at the intersection of N.E. 100th Street and N. Indiana Avenue at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, or at the time the traffic signal warrant is met, unless a roundabout is constructed at this intersection.

29. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to construct a 100 foot long southbound left turn lane on N. Woodland Avenue (proposed Maplewoods Parkway) at N.E. Staley Road at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue and N.E. Staley Road, unless such improvement is already constructed on N. Woodland Avenue (proposed Maplewoods Parkway) .

30. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to construct a 50 foot long southbound left turn lane on N. Woodland Avenue (proposed Maplewoods Parkway) at the main collector street located approximately 1900 feet south of N.E. Staley Road at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, unless such improvement is already constructed on N. Woodland Avenue (proposed Maplewoods Parkway).

31. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute 17% of the cost to construct a 100 foot long southbound left turn lane on N. Woodland Avenue (proposed Maplewoods Parkway) at N.E. 100th Street at time of platting of the commercial area located at the northeast corner of N. Woodland Avenue (proposed Maplewoods Parkway) and N.E. Staley Road, unless such improvement is already constructed on N. Woodland Avenue (proposed Maplewoods Parkway).

32. That the developer provide adequate sight distance at any street that connects to N. Woodland Avenue (proposed Maplewoods Parkway) as required by the Department of Public Works.

33. 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 elevations.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 030392, which is attached hereto and made a part hereof.

Section 2. That in connection with the Community Unit Project on an approximately 559 acre tract of land generally located on the east side of N. Woodland Avenue, south and west of N.E. Staley Road and north of N.E. 100th Street all other conditions contained in Committee Substitute for Ordinance No. 001699 shall remain in full force and effect.

Section 3. That the Council finds and declares that before taking any action on the proposed preliminary plat hereinabove described, all public notices and hearings required by the Zoning Ordinance have been given and had.

_____________________________________________

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

___________________________________

Secretary, City Plan Commission

Approved as to form and legality:

___________________________________

Assistant City Attorney