ORDINANCE NO. 060726

Approving a development plan in District GP-7 (agricultural and low density residential) on a 33.67 acre tract of land generally located north of the I-29/I-435 interchange at the southwest corner of N. Winan Avenue and N.W. 128th Street. (13526-GP)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a development plan in District GP-7 (Agricultural and Low Density Residential Uses) on approximately a 33.67 acre tract of land generally located north of the I-29/I-435 interchange at the southwest corner of N. Winan Avenue and N.W. 128th Street, and more specifically described as follows:

All that part of the Northeast Quarter of Section 15, Township 52, Range 34, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Northeast corner of said Northeast Quarter; thence South 0 degrees 31 minutes 58 seconds West, along the East line of said Northeast Quarter, 1578.02 feet to a point on the Northerly right of way line of Interstate Route 435, as now established; thence North 41 degrees 59 minutes 14 seconds West, along said Northerly line, 63.97 feet; thence North 49 degrees 27 minutes 49 seconds West, along said Northerly line, 354.16 feet; thence North 60 degrees 32 minutes 40 seconds West along said Northerly line 245.35 feet; thence North 55 degrees 08 minutes 22 seconds West, along said Northerly line, 550.04 feet; thence North 26 degrees 41 minutes 33 seconds West, along said Northerly line, 549.75 feet; thence North 57 degrees 13 minutes 57 seconds West, along said Northerly line, 420.12 feet; thence North 72 degrees 27 minutes 46 seconds West, along said Northerly line, 313.04 feet; thence North 68 degrees 14 minutes 55 seconds West, along said Northerly line, 149.41 feet to a point on the North line of the aforementioned Northeast Quarter; thence South 89 degrees 54 minutes 50 seconds East, along the North line of said Northeast Quarter, 2029.06 feet to the point of beginning, except that part on the East being used for road right of way.

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 Kansas City, Missouri, commonly known as the Subdivision Regulations.

2. That the developer submit a micro storm drainage study to Development Services for approval for the entire development when the first plat is submitted, and that the developer construct any improvements as required by Development Services.

3. That the developer dedicate additional right of way for a primary arterial with a bike path as required by Development Services so as to provide a minimum of 56 feet of right of way as measured from the proposed centerline of N.W. 128th St.

4. That the developer dedicate additional right of way for a secondary arterial as required by Development Services so as to provide a total of 40 feet of right of way as measured from the proposed centerline of N. Winan Ave.

5. That the developer obtain a land disturbance permit from Development Services prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

6. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

7. That the developer shall subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer shall be responsible for all costs associated with subordination activities.

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

9. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

10. That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

11. That the developer provide adequate sight distance be provided for each connection to N. Winan Avenue as required by Development Services.

12. That the final plat show the limits of the 100-year floodplain and show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area.

13. That the developer grant a Noise and Aviation Easement to the City as required by Development Services.

14. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

15. That the developer comply with the KCI Airport Height zoning restrictions and that the developer include a fair disclosure statement with any real estate transaction.

16. That the developer submit a final plan for each phase to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting including a photometric study showing zero footcandles at the property lines, and building elevations.

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is 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