COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991297

Approving a Community Unit Project on an approximately 55 acre tract of land generally located on the north side of Bannister Road and approximately 600 feet east of Valley Garden Drive. (11975-CUP-2)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 55 acre tract of land generally located on the north side of Bannister Road and approximately 600 feet east of Valley Garden Drive, and more specifically described as follows:

All that part of the Southeast Quarter of Section 26, Township 48, Range 32, Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the northwest corner of said Southeast Quarter; thence South 8632'45" East along the north line of said Southeast Quarter, a distance of 1,360.32 feet (deed = 1,360 feet) to the northeast corner of the West Half of said Southeast Quarter; thence South 3423'51" East, a distance of 835.40 feet; thence South 1134'00" West, a distance of 597.37 feet to the north right of way line of Bannister Road as now established (40 feet from the centerline thereof); thence North 7826'00" West along said north right of way line (40 feet from the centerline thereof), a distance of 363.13 feet; thence North 7816'15" West along said north right of way line (40 feet from the centerline thereof), a distance of 159.75 feet; thence continuing along said north right of way line (40 feet from the centerline thereof), on a curve to the left, having a radius of 1,186.28 feet (a chord bearing of South 8310'04" West and a chord length of 755.24 feet), a distance of 768.61 feet; thence South 6316'53" West along said north right of way line (40 feet from the centerline thereof), a distance of 21.94 feet; thence continuing along said north right of way line (40 feet from the centerline thereof), on a curve to the right, having a radius of 1,106.29 feet (a chord bearing of South 7609'35" West and a chord length of 447.13 feet), a distance of 450.23 feet to the center of the Kansas City, Independence and Lees Summit Railroad survey; thence North 4320'45" West (deed = North 4520' West), along said centerline, a distance of 2.80 feet; thence northwesterly along said centerline, on a curve to the right, having a radius of 716.80 feet (a chord bearing of North 3920'45" West and a chord length of 100 feet), a distance of 100.08 feet (deed = 100 feet) to the west line of said Southeast Quarter; thence North 0257'10" East along said west line, a distance of 1,380.36 feet (deed = 1,380 feet) to the point of beginning, containing 49.72 acres more or less and

All that part of Lot 10, Unity Ridge and Gardens, a subdivision in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the southeast corner of Lot 10 in said subdivision; thence along the east line of said Lot 10, North 0257'10" East, 182.0 feet to the northeast corner of a tract of land described by Document No. 480610 in Book 700 at page 41, said point also being the point of beginning; thence along the north line of said tract of land described by Document No. 480610, North 8622'20" West, 605.03 feet (deed =

610.9 feet) to the northwest corner thereof, said point also being 182.0 feet north of the southwest corner of said Lot 10; thence along the west line of said Lot 10, North 0335'10" East, 348.65 feet to the northwest corner thereof; thence along the north line of said Lot 10, South 8651'45" East, 601.09 feet (plat = 602.1 feet) to the northeast corner thereof; thence along the east line of said Lot 10, South 0257'10" East, 357.33 feet to the point of beginning, except that part in road.

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 provided that the berm of the west detention basin shall not exceed nine (9) feet in height above the existing grade of Lot 10 (west portion thereof), Unity Ridge and Gardens.

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 dedicate additional right of way for Bannister Road 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 Bannister Road.

6. That the developer improve the north half of Bannister Road to primary arterial street standards as required by the Department of Public Works.

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

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

9. 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.

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

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

12. That the developer receive the approval of the Board of Zoning Adjustment for any subdivision identification signs prior to receiving a permit for installation of any signs.

13. That the developer provide for adequate intersection sight distance for the proposed public street connection to Bannister Road as required by the Department of Public Works.

14. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of the private open space and the maintenance and landscaping of the storm water control improvements including the detention basins. The covenants and restrictions shall also include a requirement for an annual inspection of the storm water detention improvements as required by the City including the detention basins with a report submitted to the Department of Public Works and also provide for a 15 year maintenance bond in the amount of $5,000.00, for the inspection, maintenance and mowing of the storm water detention improvements, including the detention basins. The final plat shall reflect an easement to the City for the berms associated with the approved drainage plan.

15. 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.

16. That the developer submit a final plan, including a landscaping plan, to the City Plan Commission for approval for the west detention basin as shown on the Community Unit Project Plan prior to the issuance of any building permits.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 991297, 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