ORDINANCE NO. 050548

Approving a Community Unit Project on an approximately 38.7 acre tract of land generally located south of N.W. 88th Street and east of N. Platte Purchase Drive. (11426-CUP-23)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 38.7 acre tract of land generally located south of N.W. 88th Street and east of N. Platte Purchase Drive, and more specifically described as follows:

A tract of land in the Fractional Northwest Quarter of Section 10, Township 51, Range 33, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the Southwest corner of said Fractional Northwest Quarter; thence North 0^o3034 East along the West line of said Fractional Northwest Quarter, 512.05 feet; thence South 89^o2926 East, 49.15 feet to the True Point of Beginning of the tract to be herein described, said point being also a point on the Easterly right-of-way line of N. Platte Purchase Drive, as now established; thence Northerly on a curve to the right, along said Easterly line, having a initial tangent bearing of North 0^o4037 West, a radius of 4960.00 feet, an arc distance of 114.97 feet; thence North 0^o3904 East along said Easterly line, 343.57 feet; thence Northerly on a curve to the left, having an initial tangent bearing of North 02^o1022 East, a radius of 5050.00 feet, an arc distance of 174.49 feet; thence North 0^o1135 East along said Easterly line, 87.19 feet; thence South 89^o2854 East, 171.23 feet; thence South 77^o2455 East, 54.92 feet; thence South 47^o1557 East, 78.94 feet; thence North 87^o4403 East, 57.11 feet; thence North 42^o4403 East, 89.06 feet; thence North 02^o1557 West, 60.85 feet; thence North 28^o5945 West, 235.47 feet; thence North 0^o3106 East, 573.46 feet; thence North 23^o3241 East, 79.14 feet; thence North 0^o3106 East, 228.68 feet; thence South 89^o2854 East, 98.76 feet; thence Easterly on a curve to the left, tangent to the last described course, having a radius of 1494.00 feet, an arc distance of 631.99 feet; thence North 66^o1652 East, 84.08 feet; thence Easterly on a curve to the right, tangent to the last described course, having a radius of 1506.00 feet, an arc distance of 54.58 feet; thence South 21^o3624 East along the Westerly line of Tract A, BARRY TOWNE THIRD PLAT, a subdivision in Kansas City, Clay County, Missouri, and its Northerly prolongation, 137.58 feet; thence South 29^o2436 West along said Westerly line, 201.67 feet; thence South 16^o5219 West along said Westerly line, 193.20 feet; thence South 04^o4614 West along said Westerly line, 977.16 feet; thence South 74^o5620 East along said Westerly line, 247.90 feet to a point on the Westerly line of BARRY TOWNE TARGET, a subdivision on Kansas City, Clay County, Missouri; thence South 15^o0328 West along said Westerly line, 502.34 feet; thence South 82^o5602 West, 304.89 feet; thence North 89^o2939 West, 791.60 feet to the True Point of Beginning. Containing 38.68 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer review the approved final landscaping plan for the existing detention basin to the east, conduct a site inspection, determine all plant material which is missing or which may have died since installation and replace said material, prior to the approval of a final plan, as required by the City Development Department.

2. 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, commonly known as the Subdivision Regulations.

3. That the developer submit a macro "overall" storm drainage study for the entire development to the City Engineer's Office for approval at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by the City Engineer's Office.

4. That the developer provide cross-access easements on the final plat as required by the Department of Public Works.

5. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

6. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutters, and streetlights along the project frontage, as required by the Department of Public Works prior to recording of the plat.

7. That any relocated streetlights be integrated into existing street light system as required by the City Engineers Office.

8. That the developer submit plans for grading, siltation, and erosion control to the City Engineer's Office for approval and permitting prior to beginning any construction activities.

9. That the developer secure a site 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.

10. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

11. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the Department of Public Works.

12. 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.

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

14. That the developer provide for fire protection as required by the Fire Department.

15. That the developer comply with the height restrictions of Kansas City International Airport Height Zoning Map.

16. That the developer submit a final plan to the City Plan Commission for approval prior to the issuance of a building permit. The site plan shall include information regarding: property uses, setback distances, lighting (photometrics plan), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of buildings and signage.

A copy of said Community Unit Project plan is on file in the office of the City Clerk with this ordinance, 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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M. Margaret Sheahan Moran

Assistant City Attorney