ORDINANCE NO. 010184

Approving a Community Unit Project on an approximately 73.22 acre tract of land generally located on the north side of N.E. Cookingham Drive, approximately 867 feet east of the intersection of N.E. Cookingham Drive and N. Woodland Avenue, and on the east side of N. Woodland Avenue (future Maplewoods Parkway), approximately 264 feet north of the intersection of N.E. Cookingham Drive and N. Woodland Avenue. (11168-CUP-2)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 73.22 acre tract of land generally located on the north side of N.E. Cookingham Drive, approximately 867 feet east of the intersection of N.E. Cookingham Drive and N. Woodland Avenue, and on the east side of N. Woodland Avenue (future Maplewoods Parkway), approximately 264 feet north of the intersection of N.E. Cookingham Drive and N. Woodland Avenue, and more specifically described as follows:

A tract of land lying in the South One-Half of the Northeast Quarter and lying in part of the Southeast Quarter of Section 24, Township 52, Range 33, in Kansas City, Clay County, Missouri, described as follows: Beginning at the northeast corner of the Southeast Quarter of said Section 24; said point also being the southeast corner of the Northeast Quarter of said Section 24; thence South 00E15'44" West along the east line of the Southeast Quarter of said Section 24, a distance of 2.59 feet to a point on the north right of way line of Missouri Highway No. 291, as now established; thence North 89E10'44" West along said north right of way line, a distance of 843.11 feet; thence North 00E49'16" East along said north right of way line, a distance of 10.00 feet; thence North 89E10'44" West along said north right of way line, a distance of 115.00 feet; thence South 00E49'16" West along said north right of way line, a distance of 10.00 feet; thence North 89E10'44" West along said north right of way line, a distance of 793.43 feet; thence North 01E11'16" East, a distance of 413.52 feet; thence North 89E15'41" West, a distance of 352.58 feet; thence South 00E45'52" West, a distance of 148.00 feet; thence North 89E10'44" West, a distance of 518.98 feet to a point on the west line of the Northeast Quarter of said Section 24; thence North 00E25'19" East along the west line of the Northeast Quarter of said Section 24, a distance of 1057.60 feet to the northwest corner of the South One-Half of the Northeast Quarter of said Section 24; thence South 89E16'02" East along the north line of the South One-Half of the Northeast Quarter of said Section 24, a distance of 2627.06 feet to the northeast corner of said South One-Half of said Northeast Quarter of said Section 24; thence South 00E47'44" West along the east line of the Northeast Quarter of said Section 24, a distance of 1324.04 feet to the point of beginning. Said tract of land contains 73.22 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 for the entire development to the City Engineers Office for approval when the first final plat is submitted and that the developer construct any 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 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 secure a land disturbance permit from the Missouri Department of Natural Resources.

6. That the developer dedicate additional right of way for N. Woodland Avenue (future Maplewoods Parkway) prior to development beyond 142 lots or with Phase 6, whichever occurs first, as required by the Board of Parks and Recreation Commissioners so as to provide a minimum of 75 feet of right of way as measured from the centerline of N. Woodland Avenue (future Maplewoods Parkway).

7. That the developer improve the east half of N. Woodland Avenue (future Maplewoods Parkway) to parkway street standards prior to development beyond 142 lots or with Phase 6, whichever first occurs, as required by the Board of Parks and Recreation Commissioners.

8. That the developer dedicate additional right of way for N.E. Cookingham Drive as required by the Department of Public Works so as to provide a total of 50 feet of right of way as measured from the centerline of N.E. Cookingham Drive.

9. That the developer improve the north half of N.E. Cookingham Drive to primary arterial street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

10. That the developer contribute $5,181.22 in lieu of parkland dedication for 213 single-family units in satisfaction of Section 66-128 of the Subdivision Regulations.

11. 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.

12. That the developer secure the approval of the Board of Zoning Adjustment for any subdivision identification signage.

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

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

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

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

17. That the developer submit covenants, conditions and restrictions to the Law Department for approval for maintenance of private open spaces and any detention areas with the final plat.

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

19. That the developer include a statement on the final plats prohibiting vehicular access onto N.E. Cookingham Drive from Lots 1, 150 through 160, and 125 through 127 as shown on the preliminary plan.

20. That the developer include a statement on the final plat regarding the required 50 feet landscaped buffer strip along N.E. Cookingham Drive and identify the location of the buffer strip on Lots 1, 150 through 160, and 125 through 127 which back onto N.E. Cookingham Drive, as required by the Department of Public Works.

21. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, grading, berming, screening, fencing, and signage. The final plan shall identify setback lines, the 50 foot landscape easement and a 30 foot area in which no accessory structures or uses shall be located. Conceptual information regarding type and location of fencing (if utilized) shall be included. The final plans shall also include the following information for all property adjacent to an existing or proposed parkway:

(a) Species, planting size and spacing of all trees and shrubbery; and

(b) Height and width of berm (if utilized), with elevation drawings; and

(c) If fencing is to be utilized along all or a portion of those lots backing onto the parkway, the final plan shall include information on material, color, height, setback and type, including an elevation drawing of a section. If the developer is to permit no fencing along the parkway, the developer shall include a statement to that effect on the final plat for said lots. Private restrictions shall also be submitted with the final plat which includes information regarding fencing restrictions. The final plan may specify an option to the individual owner as to whether the side of the lot is to be fenced or landscaped, either must be done in accordance with a plan. Landscaping and/or fencing of all lots backing onto the parkway shall be coordinated in terms of materials, color, height, setback and type.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 010184, 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 have been given and hearings have been held as required by the Zoning Ordinance.

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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