ORDINANCE NO. 030556

Amending Section A of Second Committee Substitute for Ordinance No. 010133 by deleting Condition No. 7 in connection with the preliminary Community Unit Project on approximately a 30 acre tract of land generally located at the southwest corner of N.E. Flintlock Road and N.E. 96th Street. (12522-CUP-1)

WHEREAS, on March 22, 2001, the Council approved the preliminary plat of Villas of Montclair on an approximately 30 acre tract of land generally located on the south side of N.E. 96th Street and west side of N. Flintlock Road (12522-CUP-1) by Second Committee Substitute for Ordinance No. 010133, that included a certain condition that required the developer to improve the south half of N.E. 96th Street to arterial street standards as required by the Department of Public Works, including construction of curbs, gutters and sidewalks and installation of streetlights; and

WHEREAS, the Public Works Department, the City Development Department and the developer have determined that it is appropriate and in the best interest of the City to repeal Condition No. 7 originally specified in Second Committee Substitute for Ordinance No. 010133 for the preliminary plat so that the developer will pay the impact fee rather than make the improvement; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Second Committee Substitute for Ordinance No. 010133 is hereby amended by repealing Section A and enacting in lieu thereof a new Section A that deletes Condition No. 7, to read as follows:

Section A. That a Community Unit Project on approximately a 30 acre tract of land generally located at the southwest corner of N.E. Flintlock Road and NE. 96th Street, and more specifically described as follows:

A tract of land in the Northwest Quarter of Section 2, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89E31'49" West along the north line of said Northwest Quarter, 645.62 feet to a point on the east line of Woodneath Farms, The Villas-First Plat, a subdivision in Kansas City, Clay County, Missouri; thence South 0E26'36" West along said east line, 18.20 feet to the true point of beginning of the tract to be herein described; thence continuing South 0E26'36" West along said east line and its southerly prolongation 2407.65 feet to the northwest corner of Flintlock Acres, a subdivision in Kansas City, Clay County, Missouri; thence South 89E30'15" East, along the north line of said Flintlock Acres, 595.31 feet to a point on the westerly right of way line of N. Flintlock Road, as now established; thence North 0E27'02"

East, along said westerly line, 831.25 feet; thence westerly along said westerly line on a curve to the left, tangent to the last described course, having a radius of 25.00 feet, an arc distance of 40.46 feet; thence North 03E02'04" East, along said westerly line, 50.20 feet; thence easterly along said westerly line on a curve to the left having an initial tangent bearing of North 87E59'09" East, a radius of 25.00 feet, an arc distance of 38.19 feet; thence North 0E27'02" East along said westerly line, 150.23 feet; thence northerly along said westerly line, tangent to the last described course, having a radius of 1900.00 feet, an arc distance of 349.69 feet; thence North 10E05'41" West along said westerly line, 200.65 feet; thence westerly along said westerly line on a curve to the left, tangent to the last described course, having a radius of 25.00 feet, an arc distance of 39.27 feet; thence North 10E05'41" West along said westerly line, 50.00 feet; thence easterly along said westerly line on a curve to the left having an initial tangent bearing of North 79E54'19" East, a radius of 25.00 feet, an arc distance of 39.27 feet; thence North 10E05'41" West along said easterly line, 688.99 feet; thence westerly along said westerly line, on a curve to the left, tangent to the last described course, having a radius of 25.00 feet, an arc distance of 38.21 feet; thence westerly, on a curve to the right, tangent to the last described course, having a radius of 1750.00 feet, an arc distance of 355.20 feet to the true point of beginning. Containing 30.01 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 when the first plat is submitted 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 dedicate right of way on the south side of N.E. 96th Street as required by the Department of Public Works so as to provide a total of 50 feet of right of way as measured from the centerline of N.E. 96th Street.

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

8. That the developer extend water mains as required by the Water Services Department.

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

10. 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.

11. That the developer contribute $20,485.24 in lieu of parkland dedication for 86 lots (86 x 3.7 x .006 x $8,379.52) in satisfaction of Section 66-128 of the Subdivision Regulations.

12. That the developer submit covenants, conditions and restrictions with the final plat to the Law Department for approval for the maintenance of the private open space.

13. That the developer submit a final plan for the private open space to the City Plan Commission for approval, including plans for grading and landscaping.

A copy of said Community Unit Project plan is on file in the office of the City Clerk under Document No. 030556, which is attached hereto and made a part hereof.

Section 2. 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 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