COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991218

Approving the preliminary plat of Buehre-Edwards Subdivision on approximately a 36.06 acre tract of land generally located at the northwest corner of E. 87th Street and Rhinehart Road. (SD 0886)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the preliminary plat of Buehre-Edwards on approximately a 36.06 acre tract of land generally located at the northwest corner of E. 87th Street and Rhinehart Road, and more specifically described as follows:

Part of the Southeast 1/4 of the Northeast 1/4 of Section 23, Township 48, Range 32, Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the northeast corner of the Southeast 1/4 of the Northeast 1/4 of said Section; thence west along the north line of said 1/4 1/4 Section, a distance of 1376.98 feet to the northwest corner of said 1/4 1/4 Section, thence south along the west line of said 1/4 1/4 Section, a distance of 1330.65 feet to the southwest corner of said 1/4 1/4 Section, thence east along the south line of said 1/4 1/4 Section, a distance of 585.32 feet to the southwest corner of a tract of land conveyed to James Douglas Edwards, in Warranty Deed Document No. I 964505 in Book I 2002, at page 932, thence north along the west line of said tract of land 330.15 feet to the northwest corner thereof, thence east along the north line of said tract of land, a distance of 791.65 feet, to the northeast corner thereof, said point also being on the east line of the Southeast 1/4 of the Northeast 1/4 of said Section 23; thence north along said east line, a distance of 999.85 feet to the point of beginning. Subject to the rights of the public in 87th Street and Rhinehart Road. Containing 1,570,434 square feet or 36.06 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 at the time the first final plat is submitted and that the developer make 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 Engineers Office for approval prior to beginning any construction activities.

4. That the developer enter into a deferral agreement for the extension of sanitary sewers and water mains and the provision of fire protection as required by the Department of Public Works at such time as any change in use occurs or at such time as the property is further subdivided.

5. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

6. That the developer dedicate additional right of way on the west side of Rhinehart Road as required by the Department of Public Works so as to provide 40 feet of right of way as measured from the centerline of Rhinehart Road.

7. That the developer dedicate additional right of way on the north side of 87th Street as required by the Department of Public Works so as to provide 30 feet of right of way as measured from the centerline of 87th Street.

80. That the developer enter into a deferral agreement for the improvement of the west half of Rhinehart Road to secondary arterial street standards as required by the Department of Public Works at such time as any change in use occurs or the property is further subdivided.

9. That the developer improve the north half of 87th Street to collector street standards or enter into a deferral agreement for the improvement as required by the Department of Public Works at such time as any change in use occurs or the property is further subdivided.

10. That the developer receive approval from the Board of Zoning Adjustment for an eight foot building setback variance for the pole barn on the northern edge of Lot 3 or move the property line between Lots 3 and 2 to the north eight feet with the submittal of the final plat.

11. That the developer receive approval from the Board of Zoning Adjustment for a variance to allow livestock on a tract, lot or parcel having an area of less than 20 acres.

12. That the developer contribute $1,199.59 in lieu of parkland dedication for 3 units (3 x 3.7 x 0.006 x $18,011.85) in satisfaction of Section 66-128 of the Subdivision Regulations.

A copy of the preliminary plat is on file in the office of the City Clerk under Document No. 991218, 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