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Legislation #: 000989 Introduction Date: 8/3/2000
Type: Ordinance Effective Date: 9/10/2000
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0296, rezoning an area of approximately 1,508 acres generally located south of N.E. 96th Street, north of N.E. 76th Street and Shoal Creek Parkway, east of I-435 and west of N. Flintlock Road from Districts RA (Agricultural), R-1b (One-Family Dwellings), CPO-1 (Planned Administrative, Professional and Research Office), CP-1 (Neighborhood Planned Business Center), CP-2(Local Planned Business Center) and CP-3 (Regional Planned Business Center) to District MPC (Master Planned Community), and approving a community master plan for the same. (12417-P)

Legislation History
DateMinutesDescription
8/3/2000

Prepare to Introduce

8/3/2000

Referred Planning, Zoning & Economic Development Committee

8/30/2000

Advance and Do Pass

8/31/2000

Passed


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ORDINANCE NO. 000989

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0296, rezoning an area of approximately 1,508 acres generally located south of N.E. 96th Street, north of N.E. 76th Street and Shoal Creek Parkway, east of I-435 and west of N. Flintlock Road from Districts RA (Agricultural), R-1b (One-Family Dwellings), CPO-1 (Planned Administrative, Professional and Research Office), CP-1 (Neighborhood Planned Business Center), CP-2(Local Planned Business Center) and CP-3 (Regional Planned Business Center) to District MPC (Master Planned Community), and approving a community master plan for the same. (12417-P)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0296, rezoning an area of approximately 1,508 acres generally located south of N.E. 96th Street, north of N.E. 76th Street and Shoal Creek Parkway, east of I-435 and west of N. Flintlock Road from Districts RA (Agricultural), R-1b (One-Family Dwellings), CPO-1 (Planned Administrative, Professional and Research Office), CP-1 (Neighborhood Planned Business Center), CP-2(Local Planned Business Center) and CP-3 (Regional Planned Business Center) to District MPC (Master Planned Community), said section to read as follows:

 

Section 80-11A0296. That an area legally described as:

 

All that part of the South Half of Section 10 and that part of the Southwest Quarter of Section 11 and that part of the Northwest Quarter of Section 14 and that part of the North Half Quarter of Section 15, all in Township 51, Range 32 in Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the southwest corner of the Northeast Quarter of said Section 15; thence North 0E32'23" East along the east line of said Northeast Quarter, a distance of 25 feet to a point on the north right-of-way line of N.E. 76th Street, as now established, and the point of beginning of the tract of land to be herein described; thence North 89E04'58" West along said north right-of-way line, a distance of 314.06 feet; thence North 1E14'31" East, parallel with the east line of the Northeast Quarter of said Section 15, a distance of 2,593.45 feet (2,602.11' Deed) to a point on the north line of said Northeast Quarter; thence North 88E45'40" West along said north line, a distance of 2,329.62 feet (2,341.57' Deed) to the northwest corner thereof, being also the northeast corner of the Northwest Quarter of said Section 15; thence North 88E42'31" West along the north line of said Northwest Quarter, a distance of 1,293.91 feet; thence South 0E57'03" West, parallel with the west line of said Northwest Quarter, a distance of 2,033.36 feet; thence North 88E42'31" West, parallel with the north line of said Northwest Quarter, a distance of 428.45 feet; thence South 0E57'03" West, parallel with the west line of said Northwest Quarter, a distance of 478.90 feet to a point on the northeasterly right-of-way line of relocated N.E. 76th Street, as established by Kansas City, Missouri Ordinance No. 61606 and passed on October 15, 1987 and recorded in Book 410 at page 259; thence the following courses and distances along


said northeasterly right-of-way line; thence northwesterly along a curve to the right, having an initial tangent bearing of North 56E50'50" West, a radius of 564.69 feet and a central angle of 16E00'04", an arc distance of 157.70 feet; thence North 40E50'46" West, tangent to the last described curve, a distance of 329.85 feet; thence northwesterly along a curve to the left, tangent to the last described course, having a radius of 645.33 feet and a central angle of 37E04'21", an arc distance of 417.55 feet to a point of intersection of the easterly right-of-way line of Shoal Creek Parkway, as now established; thence the following courses and distances along said easterly right-of-way line: thence North 25E05'50" East, 2,377.64 feet; thence northeasterly and northerly along a curve to the left, tangent to the last described course, having a radius of 3,757.05 feet and a central angle of 23E45'24", an arc distance of 1,557.79 feet to a point on a jog of the south right-of-way line of Missouri State Highway Route No. 152, as now established; thence the following courses and distances along said south right-of-way line: thence South 89E24'42" East along said jog, 36.89 feet; thence North 0E35'18" East, perpendicular to the last described course, a distance of 190 feet; thence North 55E35'04" East, 142.47 feet; thence northeasterly along a curve to the left, having an initial tangent bearing of North 85E32'36" East, a radius of 1,004.93 feet and a central angle of 20E01'15", an arc distance of 351.15 feet; thence North 65E28'33" East, tangent to the last described curve, a distance of 226.83 feet; thence North 88E40'30" East, 408.59 feet; thence North 80E54'14" East, 942.85 feet; thence generally easterly along a curve to the right, having an initial tangent bearing of North 85E35'18" East, a radius of 11,314.16 feet and a central angle of 5E48'09", an arc distance of 1,145.83 feet; thence South 84E56'12" East, not tangent to the last described curve, a distance of 343.49 feet; thence North 84E46'54" East, 399.66 feet; thence South 88E36'33" East, 1,931.98 feet to a jog in said south right-of-way line; thence South 0E26'59" West along said jog, a distance of 27.61 feet; thence South 89E18'49" East along said jog, a distance of 367.59 feet to a jog therein; thence South 1E23'28" West along said jog, a distance of 92.92 feet; thence South 88E36'33" East along said jog, a distance of 32.29 feet to a point of intersection with the west right-of-way line of Flintlock Road, as now established; thence the following courses and distances along the west right-of-way line of said Flintlock Road: thence South 0E40'28" West, 1,044.63 feet; thence southerly and southwesterly along a curve to the right, tangent to the last described course, having a radius of 170 feet and a central angle of 44E41'46", an arc distance of 132.62 feet; thence South 45E22'14" West, tangent to the last described curve, a distance of 516.07 feet to an angle point therein; thence South 37E14'44" West, 1,324.53 feet; thence southwesterly and southerly along a curve to the left, tangent to the last described course, having a radius of 390 feet and a central angle of 35E53'06", an arc distance of 244.26 feet; thence South 1E21'38" West, tangent to the last described curve, a distance of 2,071.89 feet to a point of intersection with the north right-of-way line of said N.E. 76th Street; thence North 89E34'44" West along said north right-of-way line, a distance of 1,218.50 feet to the point of beginning.

All that part of the Northwest Quarter of Section 9, Township 51, Range 32, in Kansas City, Clay County, Missouri, described as follows: Beginning at the northeast corner of said Quarter Section; thence South 0E28'01" West along the east line of said Quarter Section, 2574.13 feet to a point on the north line of Barry Road, as now established; thence South 89E15'18" West along said north line, 308.98 feet to a point on the easterly line of Relocated Barry Road, as set forth in Tract No. 2 (b) of a deed filed as Document No. D9074 in Book 1176 at page 100, on March 3, 1975; thence westerly and northerly along said easterly line the following courses and distances: thence North 0E33'44" West, 57.58 feet; thence North 76E17'14" West, 293.65 feet; thence North 55E29'03" West, 562.66 feet; thence North 24E36'12" West, 398.56 feet; thence North 3E22'32" East, 1054.11 feet; thence North 40E36'45" West, 306.62 feet; thence South 85E14'20" West, 275.98 feet to a point on the easterly right-of-way line of U.S. Interstate Route No. 435, as set forth in said Tract No. 2 of Document No. D9074; thence North 6E06'34" West along said easterly line, 516.49 feet to a point on the north line of said Quarter Section; thence South 89E52'55" East along said north line, 1713.44 feet to the point of beginning.

 

Portions of the Southwest Quarter and the Southeast Quarter of Section 9 and the Southwest Quarter of Section 10, all in Township 51, Range 32, in Kansas City, Clay County, Missouri described as follows: Commencing at the northeast corner of the Southwest Quarter of said Section 9; thence South 0E27'59" West along the east line of said Quarter Section, 36.15 feet to a point on the south line of Barry Road, as now established, and the point of beginning of the tract of land to be herein described; thence South 89E11'52" West along said south line, 306.81 feet; thence South 0E33'44" West along a jog in said south line, 44.76 feet; thence North 88E04'38" West, 102.05 feet along said south line to a point on the northeasterly line of Missouri State Route No. 152, as set forth in Tracts No. 2 and No. 7 in a deed filed as Document No. D9074 in Book 1176 at page 100, filed on March 3, 1975; thence southeasterly and easterly along said northeasterly and northerly line the following courses and distances: thence South 4E24'29" East, 50 feet; thence South 44E48'29" East, 308.59 feet; thence South 72E36'24" East, 323.11 feet; thence North 85E35'31" East, 1202.00 feet; thence North 83E30'06" East, 548.36 feet; thence South 85E28'39" East, 354.30 feet; thence North 85E35'31" East, 500.00 feet; thence North 84E47'06" East, 355.04 feet; thence North 67E17'16" East, 277.02 feet; thence North 4E24'29" West, 104.00 feet to a point on the south line of Barry Road, as now established; thence North 88E14'16" West along said south line, 148.86 feet to a point on the southerly line of Barry Road, as relocated to connect with Sycamore Road, as set forth in Tract No. 7 in said Document No. D9074; thence westerly along said southerly line, being a curve to the right, having a radius of 833.94 feet and a central angle of 17E08'01", the initial tangent of which bears South 73E33'50" West, a distance of 249.38 feet; thence North 72E28'27" West along said southerly line, 160.63 feet to a point on the south line of Barry Road, as now established; thence West along said south line the following courses and distances: thence North 87E35'08" West, 90.31 feet; thence westerly along a curve to the left, from the last described course as a tangent, having a radius of 11,429.16 feet and a central angle of 1E22'23", a distance of 273.91 feet; thence South 1E02'30" West, normal to the last described curve, 5.00 feet; thence west along a curve to the left, from the last described course as a normal, having a radius of 11,424.16 feet and a central angle of 1E50'38", a distance of 367.67 feet; thence South 89E11'52" West, tangent to the last described curve, 153.30 feet; thence South 0E48'08" East, 10.00 feet; thence South 89E11'52" West, 542.00 feet; thence South 0E48'08" East, 5.00 feet; thence South 89E11'52" West, 83.00 feet; thence North 0E48'08" West, 10.00 feet; thence South 89E11'52" West, 750.00 feet; thence North 0E48'08" West, 10.00 feet; thence South 89E11'52" West, 508.63 feet to the point of beginning. Less and except that part of the above described parcel of land that lies east of the east line of the Southeast Quarter of said Section 9.

 

All that part of Sections 3 and 4, Township 51, Range 32, in Kansas City, Clay County, Missouri, being more particularly described as follows: Beginning at the southeast corner of the Fractional Northeast Quarter of said Section 4; thence North 89E59'53" West along the south line of said Fractional Quarter Section, 843.31 feet to a point on the west line of the east 50 acres of the East Half of said Fractional Quarter Section; thence North 0E08'36" East along said west line, 2548.58 feet to a point 40 feet south of the north line of said Fractional Quarter Section, being also a point on the south line of N.E. 96th Street, as now established; thence South 89E11'51" East along said south line, 119.90 feet; thence North 87E56'24" East along said south line, 100.12 feet; thence South 89E11'51" East along said south line, 623.41 feet to a point on the east line of said Fractional Quarter Section, being also a point on the west line of the Fractional Northwest Quarter of said Section 3; thence South 89E18'43" East along said south line, 341.27 feet; thence continuing easterly along said south line, being a curve to the left, from the last described course as a tangent, having a radius of 2899.82 feet and a central angle of 9E19'00", a distance of 471.53 feet; thence North 81E22'17" East along said south line and tangent to the last described curve, 406.50 feet; thence continuing easterly along said south line, being a curve to the right, from the last described course as a tangent, having a radius of 2829.82 feet and a central angle of 4E15'43", a distance of 210.50 feet; thence North 89E34'41" East along said south line, 96.56 feet; thence continuing easterly along said south line, being a curve to the right, having a radius of 2824.82 feet and a central angle of 3E17'02", the initial tangent of which bears North 87E35'15" East, a distance of 161.90 feet; thence South 89E07'43" East along said south line and tangent to the last described curve, a distance of 238.10 feet; thence North 88E00'34" East along said south line, 100.12 feet; thence South 89E07'43" East along said south line, 591.62 feet to a point on the prolongation north of the east line of the Fractional Northwest Quarter of said Section 3; thence South 0E00'34" East along said prolongation and along the east line of said Fractional Northwest Quarter, a distance of 2739.56 feet to the southeast corner thereof; thence North 88E01'07" West along the south line of said Northwest Quarter, a distance of 1309.31 feet to the northeast corner of the West Half of the Southwest Quarter of said Section 3; thence South 0E34'56" West along the east line of said West Half, a distance of 1307.76 feet to the southeast corner of said West Half; thence North 88E28'21" West along the south line of the Northwest Quarter of the Southwest Quarter of said Section 3, a distance of 1301.96 feet to the southwest corner thereof; thence North 0E16'34" East along the west line of said Quarter-Quarter Section, a distance of 1318.35 feet to the point of beginning.

 

All that part of the South Half of Section 9 and that part of the Southwest Quarter of Section 10, together with that part of the Northwest Quarter of Section 15, together with that part of the Northwest, Northeast and Southeast Quarter of Section 16, all in Township 51, Range 32 in Kansas City, Clay County, Missouri, including that part of Willis Road and that part of N.E. 76th Street, as said road and street are now both established, all being bounded on the north by the south right-of-way line of Missouri State Highway Route No. 152, as now established, and on the west by the east right-of-way line of U.S. Interstate Highway Route No. 435, as now established, and on the easterly and southeasterly side by the northwesterly right-of-way line of Shoal Creek Parkway, as now established, all being more particularly described as follows: Commencing at the northeast corner of the northeast corner of the Southeast Quarter of said Section 16; thence South 89E59'00" West along the north line of said Southeast Quarter, a distance of 313.43 feet to a point on the northwesterly right-of-way line of said Shoal Creek Parkway; thence the following courses and distances along said northwesterly right-of-way line: thence South 25E06'03" West, 1471.02 feet; thence southwesterly along a curve to the right, tangent to the last described course, having a radius of 1357.20 feet and a central angle of 23E55'51", an arc distance of 566.86 feet; thence South 49E01'55" West, tangent to the last described curve, a distance of 1.08 feet to a point of intersection with the east right-of-way line of said Willis Road; thence continuing South 49E01'54" West, 117.69 feet to a point of intersection with the easterly right-of-way line of said U.S. Interstate Highway Route No. 435; thence South 62E07'25" West along said east right-of-way line, a distance of 220.73 feet; thence North 34E57'48" West along said east right-of-way line, a distance of 797.05 feet to a point on the north line of the South Half of the Southeast Quarter of said Section 16; thence North 89E57'58" East along said north line and no longer along said east right-of-way line, a distance of 707.46 feet; thence North 0E13'23" East, a distance of 1308.33 feet to a point on the north line of the Southeast Quarter of said Section 16; thence South 89E59'00" West along said north line, a distance of 1257 feet to a point on the easterly right-of-way line of said U.S. Interstate Highway Route No. 435; thence the following courses and distances along said easterly right-of-way line: thence North 20E58'06" West, 144.53 feet to a point on the west line of the Northeast Quarter of said Section 16; thence North 0E51'58" East along said west line and said easterly right-of-way, a distance of 647.91 feet; thence South 89E59'00" West continuing along said easterly right-of-way line, a distance of 258.04 feet; thence North 20E58'06" West, 156.43 feet; thence North 28E56'17" West, 252.44 feet; thence North 69E01'54" East, 90 feet; thence North 20E58'06" West, 250 feet; thence South 69E01'54" West, 90 feet; thence North 21E00'20" West, 1243.94 feet; thence North 5E06'39" West, 491.43 feet; thence North 23E44'42" East, 566.20 feet; thence North 38E37'39" East, 807.49 feet; thence North 59E57'03" East, a distance of 544.62 feet to a point of intersection with the south right-of-way line of said Missouri State Highway Route No. 152; thence the following courses and distances along said south right-of-way line: thence South 89E28'51" East, 1164.30 feet; thence North 85E35'31" East, 340 feet; thence North 81E46'40" East, 902 feet; thence North 83E36'15" East, 461.28 feet; thence South 78E23'06" East, 405.76 feet; thence southeasterly along a curve to the left, tangent to the last described course, having a radius of 1497.40 feet and a central angle of 16E00'30", an arc distance of 418.37 feet; thence South 72E52'23" East, a distance of 86.74 feet; thence South 0E35'31" West, 190 feet; thence South 89E24'29" East, a distance of 43.09 feet to a point on the westerly right-of-way line of said Shoal Creek Parkway; thence the following courses and distances along said westerly right-of-way line: thence southerly and southwesterly along a curve to the right, having an initial tangent bearing of South 1E23'12" West, a radius of 3557.08 feet and a central angle of 23E42'51", an arc distance of 1472.23 feet; thence South 25E06'03" West, a distance of 3212.82 feet to the point of beginning.

 

All that part of the Southwest Quarter of Section 3 and that part of the North Half of Section 10 and that part of the Northwest Quarter of Section 11, all in Township 51, Range 32 in Kansas City, Clay County, Missouri, being more particularly described as follows: Beginning at the northwest corner of the Northwest Quarter of said Section 11; thence South 89E24'54" East along the north line of said Northwest Quarter, a distance of 2,564.11 feet to a point on the west right-of-way line of Flintlock Road, as now established; thence South 0E26'59" West along said west right-of-way line, 20 feet distant west of and parallel with the east line of the Northwest Quarter of said Section 11, a distance of 2,423.73 feet to a jog in said west right-of-way line; thence North 88E36'33" West along said jog, a distance of 31.07 feet; thence South 1E23'27" West along said west right-of-way line, a distance of 100 feet to an angle point therein; thence South 57E42'03" West along said west right-of-way line, a distance of 36.06 feet to a point on the north right-of-way line of Missouri State Highway Route No. 152, as now established; thence the following courses and distances along said north right-of-way line: thence North 88E36'33" West, 680 feet; thence South 89E06'01" West, 100.08 feet; thence North 88E36'33" West, 745 feet; thence North 82E41'18" West, 135.72 feet; thence South 87E44'59" West, 220.45 feet; thence North 88E36'33" West, 600 feet; thence North 81E35'33" West, 196.47 feet; thence North 73E54'20" West, 145.77 feet; thence North 88E36'33" West, 203.78 feet; thence South 84E36'53" West, 521.95 feet; thence South 88E36'50" West, 263.53 feet to a point on the west line of the East Half of the Northeast Quarter of said Section 10; thence North 0E21'04" East along said west line and along a jog in the north right-of-way line of said Missouri State Highway Route No. 152, a distance of 83.23 feet; thence continuing along said north right-of-way the following courses and distances: thence South 86E32'59" West, 399.67 feet; thence South 88E16'38" West, 852.64 feet; thence North 88E24'09" West, 229.26 feet; thence westerly and northwesterly along a curve to the right and along said north right-of-way line, having an initial tangent bearing of North 88E34'49" West, a radius of 482.96 feet and a central angle of 29E36'44", an arc distance of 249.61 feet; thence North 54E45'47" West, not tangent to the last described curve, and along said north right-of-way line, a distance of 280.53 feet; thence continuing northwesterly along a curve to the left and along said north right-of-way line, having an initial tangent bearing of North 58E48'14" West, a radius of 682.96 feet and a central angle of 30E30'49", an arc distance of 363.72 feet; thence North 39E52'53" West along said north right-of-way line, not tangent to the last described curve, a distance of 98.23 feet; thence North 89E29'33" West along said north right-of-way line, a distance of 52.13 feet to a point of intersection with the east right-of-way line of Shoal Creek Parkway, as now established; thence the following courses and distances along the east right-of-way line of said Shoal Creek Parkway; thence North 0E34'36" East, 1,701.18 feet; thence North 4E11'57" East, 120.61 feet; thence North 0E25'07" West, 42.89 feet; thence South 87E42'40" East, 497.44 feet; thence South 22E26'38" East, 732.36 feet; thence South 46E52'27" East, 1298.74 feet; thence South 17E56'23" East, 700.95 feet; thence South 29E54'30" East, 544.83 feet; thence South 1E35'04" East, 264.08 feet; thence North 88E24'56" East, 385.94 feet; thence easterly and northeasterly along a curve to the left, tangent to the last described course, having a radius of 290 feet and a central angle of 79E54'46", an arc distance of 404.47 feet; thence North 17E29'56" West, 929.24 feet; thence North 27E19'54" West, 558.50 feet; thence North 25E03'31" East, 67.94 feet; thence North 88E48'31" East, 436.70 feet; thence South 55E00'30" East, 707.74 feet; thence South 21E05'10" East, 328.53 feet; thence South 50E22'13" East, 1183.79 feet; thence South 66E03'11" East, 105.76 feet; thence North 80E22'21" East, 105.76 feet; thence North 29E14'22" East, 201.67 feet; thence North 23E15'10" West, 588.10 feet; thence North 56E43'00" West, 934.69 feet; thence North 0E00'00" East, 139.25 feet; thence North 36E15'54" West, 800.47 feet; thence North 52E57'26" West, 164.30 feet to a point on the north line of the Northeast Quarter of said Section 10; thence South 88E10'48" East along said North line, a distance of 529.96 feet to the northeast corner thereof and the point of beginning.

 

is hereby rezoned from Districts RA (Agricultural), R-1b (One-Family Dwellings), CPO-1 (Planned Administrative, Professional and Research Office), CP-1 (Neighborhood Planned Business Center), CP-2(Local Planned Business Center) and CP-3 (Regional Planned Business Center) to District MPC (Master Planned Community), all as shown outlined on a map marked Section 80-11A0296, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and as an amendment to Section 80-11 thereof.

 

Section B. That a Community Master Plan for the area legally described above 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 separate traffic study for each neighborhood plan prior to submission of the plan as required by the Department of Public Works for approval. The traffic study will analyze both AM and PM peak hour traffic demand, identify improvements which the developer will be required to make in order to maintain a level of service D or better and shall not exceed the following trip budget maximums:

 

Neighborhood PM Trip Budget

Northpark 800

Parkside 900

The Preserve 2,500

The Village 3,500

The Commons Area 6,800

Total: 14,600

 

Note: Trip budgets are defined as the maximum number of PM peak hour traffic entering or exiting a neighborhood. The developer shall construct the improvements which are required by the approved traffic studies for each neighborhood plan and as required by the Department of Public Works.

 

3. That the developer dedicate right-of-way for Shoal Creek Parkway from I-435 on the south to I-435 on the north as required by the Department of Public Works so as to provide a minimum of 150 feet of right-of-way where the development abuts the parkway on both sides and to provide a minimum of 75 feet of right-of-way where the development abuts the parkway on one side.

 

4. That the developer dedicate right-of-way for N.E. 96th Street as required by the Department of Public Works so as to provide a minimum of 50 feet of right-of-way as measured from the centerline of N.E. 96th Street.

 

5. That the developer dedicate right-of-way for Flintlock Road as required by the Department of Public Works so as to provide a minimum of 40 feet of right-of-way as measured from the centerline of Flintlock Road.

 

6. That the developer dedicate right-of-way for N.E. 76th Street as required by the Department of Public Works so as to provide a minimum of 40 feet of right-of-way as measured from the centerline of N.E. 76th Street.

 

7. That the developer dedicate right-of-way for N.E. Barry Road from I-435 to Shoal Creek Parkway as required by the Department of Public Works so as to provide a minimum of 100 feet of right-of-way where the development abuts N.E. Barry Road on both sides and to provide a minimum of 50 feet of right-of-way where the development abuts N.E. Barry Road on one side.

 

8. That the developer enter into an Agreement with the City as required by the Department of Public Works whereby the developer agrees to prepare and submit a traffic study of the intersection of M-152 and Shoal Creek Parkway to the Department of Public Works and the Missouri Highway and Transportation Department for approval at such time as the intersection reaches 95 percent of its level of service D capacity and install a traffic signal system at the intersection of M-152 and Shoal Creek Parkway at such time that any of the traffic from the development is loaded upon Shoal Creek Parkway. The purpose of said traffic study shall be to proportionally allocate the cost of a compressed diamond interchange among; 1) existing development served by the interchange, 2) potential development enabled by the interchange, and 3) through traffic movements on M-152 originating from outside the Shoal Creek area. The developer shall agree to pay its proportional share of the cost of said interchange based upon its share of existing development and its share of potential development remaining which is dependent upon the interchange provided that the developer will receive credit toward its proportional cost for the cost of the traffic signal installed at the intersection of M-152 and Shoal Creek Parkway.

 

9. That the developer submit a storm drainage study to the City Engineers Office for approval and that the developer make any necessary improvements as required by the City Engineers Office.

 

10. That the developer obtain 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.

 

11. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources if the disturbed area for the entire development exceeds five acres.

 

12. That the developer obtain a floodplain certificate from the Department of Codes Administration if any grading is to occur within a floodplain.

 

13. 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.

 

14. That the developer provide cross-access easements for each plat as required by the Department of Public Works.

 

15. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right-of-way.

 

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

17. That the developer dedicate the public parkland or private open space as provided in the Master Planned Community Plan provided that the developer shall contribute $284.41 per single family unit, $230.60 per duplex unit and $153.74 per multi-family unit in compliance with Section 66-128 of the Subdivision Regulations, less any dedicated public park or approved private open space.

 

18. That the developer submit a street tree planting plan as part of the final plat, secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots with a copy to be submitted to the City Development Department staff, 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.

 

19. That a waiver to Section 66-122(C)(1) of the Subdivision Regulations is hereby granted provided that landscaping shall be installed in conformance with the final plan approved by the City Plan Commission.

 

20. That the developer provide approved noise levels for the 65 dBA noise contour on all final plats which have frontage on all state and federal roadways and include language on the final plats that no residential uses will be allowed within these noise contours.

 

21. That the developer extend water mains as required by the Water Services Department at the time of the submittal of the final plats.

 

22. That the developer extend sanitary sewers as required by the Department of Public Works at the time of the submittal of the final plats.

 

23. That the developer construct all-weather road and provide for fire protection as required by the Fire Department prior to construction beyond footings and foundations.

 

24. That the developer submit covenants, conditions and restriction to the Law Department for approval with the final plats for the maintenance of the private open space and any detention areas.

 

25. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping (buffering), grading and signage, prior to the issuance of any building permits.

 

A copy of said Community Master Plan is on file in the office of the City Clerk under Document No. 000989, which is attached hereto and made a part hereof.

 

Section C. 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.

 

_____________________________________________

 

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:

 

 

 

___________________________________

Assistant City Attorney