ORDINANCE NO. 031161

Approving an amendment to a previously approved Community Unit Project on an approximately 103.5 acre tract of land generally located at the northeast corner of N. Brighton Avenue and N.E. Pleasant Valley Road. (8793-CUP-4)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved Community Unit Project on an approximately 103.5 acre tract of land generally located at the northeast corner of N. Brighton avenue and N.E. Pleasant Valley Road, and more specifically described as follows:

All of the Northwest Quarter of the Southeast Quarter lying north of Pleasant Valley Road, and all of the West Half of the Northeast Quarter, except the west 868.36 feet of the north 200.65 feet of said Half Quarter Section, all in Section 20, Township 51, Range 32, in Kansas City, Clay County, Missouri, more particularly described as follows: Beginning at the northeast corner of the West Half of said Northeast Quarter; thence South 0E51'23" West, along the east line of said West Half, 2603.89 feet; thence South 0E31'06" West, along the east line of the Northwest Quarter of said Southeast Quarter, 978.85 feet; thence North 89E25'19" West, 1304.99 feet; thence North 0E40'13" East, along the north-south centerline of said Section 20, 3388.33 feet; thence South 89E10'35" East, 868.36 feet; thence North 0E40'13" East, 200.65 feet; thence South 89E10'35" East, 442.50 feet to the point of beginning. Except that part in roads. Containing 103.5 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer cause the area in Phase 5 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 update the previously submitted storm drainage study for the entire development to the City Engineers Office for approval to address the development amendments, along with a detailed micro study prior to approval of the next plat and that the developer make any necessary improvements as required by the City Engineers Office.

3. That the developer relocate or extend water mains as required by the Water Services Department.

4. That the developer dedicate right of way for N. Brighton Avenue as required by the Department of Public Works so as to provide 56 feet of right of way as measured from the centerline of N. Brighton Avenue in Phase 5.

5. That the developer design and construct all interior streets to City standards as required by the Department of Public Works, including construction of curb, gutter, storm sewers and sidewalks and installation of streetlights.

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

7. That the developer request the Department of Public Works to initiate an ordinance to establish or reestablish the grade on existing streets that are being improved where existing grades change by more than 6 inches and the grades have been previously established.

8. That the developer subordinate all private interest in the area of any right-of-way dedication as required by the Department of Public Works.

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

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

11. That the developer submit a street name signage plan for the entire development to the Street Naming Committee for approval prior to submittal of the first final plat.

12. 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.

13. 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.

14. 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.

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

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

17. That the developer receive the approval of the Board of Zoning Adjustment for any signage.

18. That the developer submit a street tree planting plan as part of the final plat to the City Forester for approval with spacing, species and size of street trees to be approved by the City Forester and that the developer plant trees in accordance with the plan.

19. That the developer show the limits of the 100 year floodplain on the final plat as required by the City Engineers Office.

20. That the developer include a no direct vehicular access statement on the final plat for proposed Lots 192 thru 200 from N. Brighton Avenue as required by the Department of Public Works.

21. That the developer submit covenants, conditions and restrictions to the City for approval for the private open space with the final plat.

22. That the developer submit a final community unit project plan for the private open space and the landscaped areas in Phase 5, including landscaping consisting of berms, trees and plantings. The final plan shall also show proposed pedestrian circulation and elevation drawings of signage.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 031161, 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