COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010179

Approving a Community Unit Project on an approximately 4.47 acre tract of land generally located on the north side of Bannister Road, approximately one-quarter mile west of Holmes Road. (12400-CUP-1)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a Community Unit Project on an approximately 4.47 acre tract of land generally located on the north side of Bannister Road, approximately one-quarter mile west of Holmes Road, and more specifically described as follows:

All that part of the Northwest Quarter and the Southwest Quarter of Section 29, Township 48, Range 33 and all that part of Blocks 27 and 28, Moores Southland Addition, a subdivision in Kansas City, Jackson County, Missouri, being described as follows: Commencing at the southeast corner of the Northwest Quarter of said Section 29; thence North 02E14'28" East, along the east line of said Northwest Quarter, 1.09 feet to a point on the northerly right of way line of Bannister Road, as now established; thence South 84E13'33" West, along said northerly right of way line, 25.25 feet to the true point of beginning of the tract to be herein described; thence continuing South 84E13'33" West, along said northerly right of way line, 400.63 feet; thence westerly, along said northerly right of way line, along a curve to the right, tangent to the last described course, having a radius of 1,095.92 feet, and a central angle of 03E49'14", an arc distance of 73.08 feet; thence North 02E14'28" East, 285.35 feet to the northwest corner of Lot 43, Block 27, said Moores Southland Addition; thence South 86E58'17" East, along the north line of said Lot 43 and its easterly prolongation, 189.80 feet to the southwest corner of Lot 17, Block 28, said Moores Southland Addition; thence North 02E14'28" East, along the west line of said Block 28, 275.00 feet to the northwest corner of Lot 7, said Block 28; thence South 86E58'17" East, along the north line of Lots 7 and 32, said Block 28, 279.60 feet to a point on the west right of way line of vacated Oak Street, as now established; thence South 02E14'28" West, along said right of way line, 490.27 feet to the true point of beginning. Containing 4.47 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 storm drainage study for the entire development to the City Engineers Office for approval 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 construct sidewalks on the north side of Bannister Road as required by the Department of Public Works.

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

7. That the developer show the limits of floodplain on the final plat as required by the Department of Public Works.

8. That the developer secure a floodplain certificate from the Department of Codes Administration prior to beginning any construction activities within the floodplain.

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

10. That the developer secure a permit from the Missouri Department of Transportation prior to working within any State right of way.

11. That the developer secure the approval of the Board of Zoning Adjustment for the residential identification sign.

12. That the developer submit a Certificate of Survey to the Department of City Development for approval prior to the sale of any individual units.

13. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping (including canopy shade trees and ornamental trees along the entire private drive and in the landscaped island, with additional trees between the development and Bannister Road elevations), signage (including elevations) and building elevations, with garage and trash enclosure materials to be of brick or stone/stone veneer and pitched roofs/shingles to match the townhomes, and the walls of the trash enclosure of sufficient height to screen the trash receptacle from the view of traffic or pedestrians along Bannister Road.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 010179, 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 have been given and hearings have been held as required by the Zoning Ordinance.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and the required 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