ORDINANCE NO. 030614

Approving an amendment to a previously approved Community Unit Project on an approximately 28.7 acre tract of land generally located at the southwest corner of N.E. 95th Terrace and N. Oak Trafficway. (12009-CUP-11)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved Community Unit Project on an approximately 28.7 acre tract of land generally located at the southwest corner of N.E. 95th Terrace and N. Oak Trafficway, and more specifically described as follows:

A tract of land in the East One-Half of the Northwest Quarter of Section 2, Township 51 North, Range 33 West of the Fifth Principal Meridian in Kansas City, Clay County, Missouri, described as follows: Commencing at the southwest corner of said East One-Half; thence North 0E0608 East on the west line of said East One-Half, 395.90 feet to the true point of beginning of the tract to be herein described; thence North 0E0608 East on said west line, 1537.40 feet, more or less to the centerline of Craig Road (NE 95th Terrace); thence South 52E4852 East along said centerline, 103.00 feet; thence South 57E2552 East along said centerline, 77.00 feet; thence South 62E1352 East along said centerline, 74.00 feet; thence South 66E3652 East along said centerline, 73.30 feet; thence South 71E0352 East along said centerline, 77.00 feet; thence South 76E2858 East along said centerline, 83.24 feet; thence South 77E0652 East along said centerline, 99.65 feet to the northwest corner of North Oak Crossing First Plat, a subdivision in said Kansas City, Clay County, Missouri; thence South 77E0652 East along said centerline and along said north line, 99.05 feet; thence South 77E2052 East along said centerline and along said north line, 614.00 feet to the northeast corner of said plat, said point also being on the westerly right-of-way line of N. Oak Trafficway, as now established; thence South 12E3908 West along said westerly right-of-way line, 36.00 feet; thence South 23E4601 East on said westerly right-of-way line, 77.57 feet; thence South 0E0908 West on said westerly right-of-way line, 140.26 feet to the northerly right-of-way line of N.E. 94th Street, as now established by the Plat of QuikTrip #221, First Plat; thence westerly on said northerly right-of-way line, on a curve to the right, having an initial tangent bearing of South 03E5318 West, with a radius of 15.00 feet, a central angle of 86E3116, and an arc distance of 22.65 feet; thence North 89E3526 West on said northerly right-of-way line, 48.37 feet; thence continuing westerly on said northerly right-of-way line, on a curve to the left, tangent to the last described course, with a radius of 350.00 feet, a central angle of 31E5144, and an arc distance of 194.63 feet; thence South 58E3250 West on said northerly right-of-way line, 149.16 feet; thence South 31E2710 East along the easterly line of said North Oak Crossing First Plat, 100.00 feet; thence South 58E3250 West along said easterly line, 68.90 feet; thence westerly along said easterly line, on a curve to the right, tangent to the last described course, with a radius of 350.00 feet, a central angle of 15E0221, and an arc distance of 91.87 feet; thence South 01E0335 West along said easterly line

and the southerly extension thereof, 338.59 feet; thence South 17E1649 East, 207.14 feet to the northerly right-of-way line of Missouri State Highway No. 152, as now established, Document No. D-41114, in Book 1245 at page 779; thence South 62E3354 West on said northerly right-of-way line, 134.71 feet; thence South 89E5608 West, 721.57 feet to the point of beginning. Containing 28.670 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 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 secure a land disturbance permit from the Missouri Department of Natural Resources.

6. That the developer submit a street name signage plan to the Street Naming Committee for approval.

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

8. That the developer construct temporary cul-de-sacs as required by the Department of Public Works.

9. That the developer dedicate additional right of way for N.E. 95th Terrace as required by the Department of Public Works so as to provide a total of 30 feet of right of way as measured from the centerline of N.E. 95th Terrace.

10. That the developer contribute $9,293.47 in lieu of parkland dedication in satisfaction of Section 66-128 of the Subdivision Regulations.

11. That the developer extend water mains and provide easements as required by the Water Services Department.

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

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

14. That the developer submit a certificate of survey to the Department of City Development for approval prior to the sale of individual units.

15. That the developer submit covenants, conditions and restrictions to the Law Department for approval.

16. 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.

17. That the developer submit a final plan to the City Plan Commission for approval including detailed information on grading, landscaping, signage (including elevations), and building elevations.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 030614, 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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Assistant City Attorney