ORDINANCE NO. 031165

Approving an amendment to a previously approved development plan in District GP-4 (High Density Residential Uses) on approximately a 15.21 acre tract of land generally located east of Line Creek Parkway and north of N.W. Barry Road. (7421-GP-11)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved development plan in District GP-4 (High Density Residential Uses) on approximately a 15.21 acre tract of land generally located east of Line Creek Parkway and north of N.W. Barry Road, and more specifically described as follows:

A subdivision of land in the Northwest Quarter of Section 9, Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Commencing at the southeast corner of said Northwest Quarter; thence North 89E2901 West along the south line of said Northwest Quarter, 1293.61 feet to the southwest corner of the East One-Half of said Northwest Quarter; thence North 0E3105 East along the west line of said East One-Half, 71.00 feet to a point on the northerly right-of-way line of N.W. Barry Road, as now established, said point being also the true point of beginning of the tract to be herein described; thence continuing North 0E3105 East along said west line, 777.44 feet; thence North 82E0531 West, 107.61 feet to a point on the easterly right-of-way line of Line Creek Parkway, as now established; thence North 20E4803 East along said easterly line, 259.12 feet; thence northerly along said easterly line, on a curve to the left, tangent to the last described course, having a radius of 2146.00 feet, a central angle of 04E0435, an arc distance of 152.68 feet to the southwesterly corner of Northfield - First Plat, a subdivision in Kansas City, Platte County, Missouri; thence South 76E4841 East along the south line of said Northfield - First Plat, 243.26 feet; thence easterly along said southerly line, on a curve to the left, tangent to the last described course, having a radius of 251.44 feet, a central angle of 14E2632, an arc distance of 63.30 feet; thence South 46E1157 East, along said southerly line, 381.75 feet; thence South 89E0357 East along said southerly line, 123.86 feet; thence North 43E2023 East along said southerly line, 201.22 feet; thence North 47E5323 East along said southerly line, 222.37 feet; thence South 27E3818 East, 165.71 feet; thence South 89E2918 East, 182.07 feet to a point on the westerly line of Barry Heights, a subdivision in Kansas City, Platte County, Missouri, said line being also the east line of said Northwest Quarter; thence South 0E3042 West along said east line, 255.67 feet to the northeast corner of Sycamore Knoll, a subdivision in Kansas City, Platte County, Missouri; thence North 33E4648 West along the northerly line of said Sycamore Knoll, 163.64 feet; thence North 89E3002 West along said northerly line, 160.00 feet; thence South 30E2958 West along said northerly line, 120.00 feet; thence South 0E3042 West along said northerly line, 145.00 feet; thence North 89E3002 West along said northerly line, 256.00 feet; thence South 38E2958 West along said northerly line, 148.00 feet; thence North 49E2936 West along said

northerly line, 125.00 feet; thence South 44E1146 West along said northerly line, 320.00 feet; thence South 31E2958 West along said northerly line, 335.00 feet; thence South 0E3042 West along said northerly line, 87.26 feet to a point on the aforementioned Northerly line of said N.W. Barry Road; thence North 89E2901 West along said northerly line, 146.92 feet to the true point of beginning. Containing 15.21 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 update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed study prior to approval of the next plat and make the necessary improvements as required by the Citys 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 secure a land disturbance permit from the Missouri Department of Natural Resources.

6. That the developer contribute $21,046.96 in lieu of parkland dedication for 154 additional multi-family units (154 x 2 x 0.006 x $11,389.05) in satisfaction of Section 66-128 of the Subdivision Regulations at a rate of $11,389.05 per acre (2003 rate based upon average cost per acre of parkland for five years preceding).

7. That, if necessary, the developer secure the approval of the Board of Zoning Adjustment for a modification of the parking requirements for housing for the elderly in accordance with Section 80-444(c)(1)d. of the Zoning Ordinance.

8. 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.

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

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

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

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

13. That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, screening, berming, lighting (including a photometric study, with the intent that there shall be no direct illumination beyond the property line), and signage.

A copy of said development plan is on file in the office of the City Clerk under Document No. 031165, 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 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