COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991131

Approving a Community Unit Project on an approximately 17.0 acre tract of land generally located at the northeast corner of Shoal Creek Parkway and N.E. 74th Terrace. (12111-CUP-5)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 17.0 acre tract of land generally located at the northeast corner of Shoal Creek Parkway and N.E. 74th Terrace, and more specifically described as follows:

All that part of the Northwest Quarter and Southwest Quarter of Section 15, and the Southeast Quarter and the Northeast Quarter of Section 16, all in Township 51, Range 32, Kansas City, Clay County, Missouri, being described as follows: Commencing at the southwest corner of the Northwest Quarter of said Section 15; thence South 8857'08" East, along the south line of said Northwest Quarter, 315.86 feet to the true point of beginning of the tract to be herein described; thence continuing South 8857'08" East, along said south line, 667.85 feet to its intersection with the southerly right of way line of N.E. 76th Street, as now established; thence northwesterly, along said southerly right of way line, on a curve to the right, having an initial tangent bearing of North 6839'47" West, a radius of 644.69 feet, an arc distance of 312.89 feet; thence North 4051'18" West, along said southerly right of way line, 329.85 feet; thence northwesterly, along said southerly right of way line, on a curve to the left, tangent to the last described course, having a radius of 565.33 feet, an arc distance of 347.61 feet; thence southwesterly, along said southerly right of way line, on a curve to the left, having a common tangent with the last described curve, a radius of 45.00 feet, an arc distance of 61.91 feet to a point on the easterly right of way line of N.E. Shoal Creek Parkway, as now established; thence South 2505'34" West, along said easterly right of way line, 1455.76 feet; thence southeasterly, along said easterly right of way line, on a curve to the left, tangent to the last described course, having a radius of 25.00 feet, an arc distance of 39.47 feet to a point on the northerly right of way line of N.E. 74th Street, as now established; thence southeasterly, along said northerly right of way line, on a curve to the left, having a common tangent with the last described curve, a radius of 1095.92 feet, an arc distance of 418.51 feet; thence South 8714'05" East, 27.72 feet to a point on the west line of Tract B, Block B, North Brook - First Plat, a subdivision of land in Kansas City, Clay County, Missouri; thence North 245'55" East, along the west line of said Tract B, 83.42 feet; thence North 2435'41" East, along said west line, 99.81 feet to the southwest corner of Trails of North Brook - First Plat, a subdivision of land in Kansas City, Clay County, Missouri; thence North 1935'17" East, along said west line, 709.82 feet to the northwest corner of Lot 9, said Trails of North Brook - First Plat; thence North 102'52" East, 40.00 feet to the true point of beginning. Containing 16.99 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 to the City Engineers Office for approval and that the developer construct 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 Engineer's 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 for Shoal Creek Parkway as required by the Board of Parks and Recreation Commissioners so as to provide a total of 120 feet of right of way as measured from the centerline of Shoal Creek Parkway.

7. That the developer install streetlights on the east side of Shoal Creek Parkway as required by the Board of Parks and Recreation Commissioners.

8. That the developer contribute $25,991.10 in lieu of parkland dedication for 65 single family homes (65 x 3.7 x 0.006 x $18,011.85) in satisfaction of Section 66-128 of the Subdivision Regulations.

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

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

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

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

13. That the developer provide for fire protection as required by the Fire Department.

14. That the developer submit a street tree planting plan as part of the final plat and secure the approval of the City Forester for street trees planted on right of way in front of residential lots, with a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees.

15. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of the common area.

16. That the developer submit a final plan to the City Plan Commission for approval including plans for a 30 foot landscaped buffer strip along Shoal Creek Parkway.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 991131, 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