COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030465, AS AMENDED

Approving the preliminary plat of The Woods of Somerset on approximately a 16.5 acre tract of land generally located on the east side of Wornall Road approximately 180 feet south of Martha Truman Road. (SD 09749B)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the preliminary plat of The Woods of Somerset on approximately a 16.5 acre tract of land generally located on the east side of Wornall Road approximately 180 feet south of Martha Truman Road, and more specifically described as follows:

All that part of Lot 2, NOMDA Center (Book 37, page 37) and the East 1/2 of the East 1/2 of the Southwest 1/4 of Section 8, Township 47, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southeast corner of said East 1/2 of the Southwest 1/4 of said Section 8; thence North 84E59'27" West (platted North 84E56'47" West) along the south line of said Section 8, 658.14 feet (platted 658.27 feet) to the southeast corner of said Lot 2; thence North 84E59'27" West (platted North 84E56'27" West) along the south line of said Lot 2, 608.26 feet to the southwest corner of said Lot 2; thence North 3E35'04" East (platted North 3E38'50" East) along the west line of said Lot 2, 569.56 feet (platted 569.00 feet) to the northwest corner of said Lot 2; thence South 84E57'56" East (platted South 84E56'40" East) along the north line of said Lot 2, 607.61 feet to the northeast corner of said Lot 2; thence South 84E57'56" East, 657.93 feet to a point on the east line of said Section 8; thence South 3E29'49" West, 569.02 feet to the point of beginning. Containing 720,466 square feet or 16.54 acres of land, more or less. Subject to any easements, right-of-way, restrictions, or covenants of record.

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, 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 and that the developer make any improvements as required by the City Engineer's 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 extend water mains as required by the Water Services Department.

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

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

9. That the developer improve the east half of Wornall Road to secondary arterial street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of sidewalks.

10. 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.

11. That the developer secure the approval of the Board of Zoning Adjustment for any residential subdivision identification signs.

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

13. That the developer perform a Phase 1 environment audit of the proposed parkland.

14. That the developer provide adequate sight distance for proposed E. 122nd Street at Wornall Road as required by the Department of Public Works.

15. That the developer install street trees in the existing Somerset Valley Subdivision.

16. That the developer extend proposed storm sewers to the flowline of the creek to the north and repair or provide for the repair of the rip rap along the creek in the area to the north as determined by the Department of Public Works.

17. That the developer provide language on the final plat in the form of a preservation easement to restrict construction activity along the north limits of Lots 26-36 to limit the work to only utility construction associated with storm and sanitary sewer extensions, said easement being a minimum of 30 feet in depth or encompassing the rear of the lot 100 foot setback from the floodplain limits shown on the plan, whichever is greater, to preserve the stability of the slope and also natural vegetation as required by the Department of Public Works except that on Lots 35 and 36 said preservation easement shall be the greater of 30 feet in depth or 100 feet from the south bank of the creek..

18. That the developer enter into a Cooperative Agreement for a contribution of $30,000.00 to the repair or reconstruction of the existing Holmes Road box culvert structure, which has been determined to be inadequate and to which this development is contributing additional volume of runoff, prior to recording of the final plat as required by the Department of Public Works.

19. That the developer obtain grading and temporary construction easements from Lots 13 and 20, Somerset Hills, Second Plat, and remove all substandard culverts prior to permits being issued for public street improvements to construct E. 122nd Street.

20. That the project design shall incorporate the use of a temporary erosion control sediment basin to control sediment during development of land and construction of homes. The basin shall not be removed without the approval of the Kansas City, Missouri Public Works Department.

A copy of the preliminary plat is on file in the office of the City Clerk under Document No. 030465, 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 preliminary plat hereinabove, all public notices and hearings required by the Subdivision Regulations have been given and had.

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I hereby certify that as required by Chapter 66, 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