COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030863

Approving a Community Unit Project on an approximately 99.19 acre tract of land generally located at the northeast corner of Missouri Highway 152 and N. Platte Purchase Drive. (12883-CUP-3)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 99.19 acre tract of land generally located at the northeast corner of Missouri Highway 152 and N. Platte Purchase Drive, and more specifically described as follows:

All that part of Fractional Section 3, Township 51, Range 33, in Kansas City, Platte County, Missouri, and all that part of Fractional Section 3, Township 51, Range 33, in Kansas City, Clay County, Missouri, being described as follows: Commencing at the northwest corner of the Fractional Northwest Quarter of said Section 3 in Platte County, Missouri; thence South 0E32'22" West, along the west line of said Fractional Northwest Quarter, 820.72 feet to the true point of beginning of the tract to be herein described; thence North 89E22'34" East, 822.52 feet; thence South 30E25'46" East, 210.52 feet; thence South 58E11'27" East, 1661.23 feet; thence South 77E40'38" East, 606.02 feet; thence southerly, along a curve to the right, having an initial tangent bearing of South 19E02'50" East, a radius of 450.00 feet, a central angle of 30E47'40", an arc distance of 241.86 feet; thence South 76E12'46" East, 408.01 feet to a point on the northerly right of way line of relocated Missouri Route 152, as now established; thence South 38E20'58" West, along said northerly right of way line, 221.56 feet to a point 430.00 feet northerly of the Centerline Station 28+00; thence South 46E38'53" West, along said northerly right of way line, 492.09 feet to a point 195.00 feet northerly of Centerline Station 24+00; thence South 68E27'00" West, along said northerly right of way line, 420.00 feet to a point 190.00 feet northerly of Station 20+00; thence South 62E34'48" West, along said northerly right of way line, 594.15 feet to a point 170.00 feet northerly of Centerline Station 14+12.12; thence South 64E18'53" West, along said northerly right of way line, 296.92 feet; thence North 18E29'23" West, 1096.24 feet; thence southwesterly, along a curve to the right, having an initial tangent bearing of South 47E57'00" West, a radius of 600.00 feet, a central angle of 16E12'55", an arc distance of 169.81 feet; thence South 64E09'55" West, 558.37 feet; thence northwesterly, along a curve to the left, having an initial tangent bearing of North 25E50'05" West, a radius of 750.00 feet, a central angle of 28E47'04", an arc distance of 376.79 feet; thence North 64E37'09" West, 152.93 feet; thence northerly, along a curve to the right, tangent with the last described course, having a radius of 750.00 feet, a central angle of 55E09'31", an arc distance of 722.02 feet to a point on the west line of said Fractional Northwest Quarter; thence North 0E32'22" East, along said west line, 887.82 feet to the true point of beginning. Containing 99.19 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 macro storm drainage study for the entire development to the City Engineers Office for approval when the first final plat is submitted and a detailed micro storm drainage study for each phase at the time of final platting 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. Platte Purchase Drive as required by the Department of Public Works so as to provide a total of 40 feet of right of way as measured from the centerline of N. Platte Purchase Drive.

7. That the developer realign existing N. Platte Purchase Drive using 750 foot centerline radius reverser curves with tangent and widen to provide two 12 foot lanes with 6 foot shoulders, streetlights, and roadside ditches to convey drainage as required by the Department of Public Works and that sidewalks be provided on the east side of N. Platte Purchase Drive continuing south from proposed N.E. 92nd Terrace to the existing Missouri Highway 152 exit ramp.

8. That the developer construct a second connection to N. Platte Purchase Drive with construction of Phase 3b as shown on the revised preliminary development plan as required by the Department of Public Works.

9. 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 or design guidelines stating this information. Further, that the developer either install said trees within one year of the issuance of the home certificate of occupancy or within two years of the recording of the plat and agree to maintain and guarantee the life of the tree for a period of one year following the installation of the tree(s) as required by the Department of Parks and Recreation or enter into a deferral agreement for the installation, maintenance and guarantee of the trees as required by the Department of Parks and Recreation.

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

11. That the developer receive the approval of the Missouri Department of Transportation prior to working within any State right of way.

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

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

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

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

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

17. That the developer include a statement on the final plats prohibiting vehicular access onto N. Platte Purchase Drive from Lots 126, 127, 140, 141, 176, 177, 217, 218, 231 and 232 and onto Missouri Highway 152 from Lots 15, 16, 46, 47, 52, 53, 58 and 59 as shown on the preliminary community unit project plan.

18. That the developer submit a final plan to the City Plan Commission for approval including plans for landscaping, grading, signage, screening, berming and fencing.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 030863, 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.

_____________________________________________

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