ORDINANCE NO. 030679

Approving an amendment to a previously approved Community Unit Project on an approximately 191.48 acre tract of land generally located at the northeast corner of N.E. 92nd Street and N. Indiana Avenue. (11593-CUP-7)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved Community Unit Project on an approximately 191.48 acre tract of land generally located at the northeast corner of N.E. 92nd Street and N. Indiana Avenue, and more specifically described as follows:

All that part of the Northeast Quarter of Section 6, and all that part of the Northwest Quarter of Section 5, all in Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the northwest corner of the Northeast Quarter of said Section 6; thence easterly along the north line of said Northeast Quarter to the northeast corner thereof; thence easterly along the north line of the Northwest Quarter of said Section 5 to the northeast corner of the Northwest Quarter of said Northwest Quarter; thence South 0E24'56" East along the east line of the Northwest Quarter of said Northwest Quarter, 1320.01 feet to the southeast corner of said Northwest Quarter; thence South 89E24'26" West, along the south line of said Northwest Quarter, 1315.01 feet to the southwest corner of said Northwest Quarter, said point being also on the east line of the Northeast Quarter of said Section 6; thence South 0E24'56" East, along the east line of said Northeast Quarter, 1320. 01 feet to the southeast corner of said Northeast Quarter; thence South 89E24'26" West, along the south line of said Northeast Quarter, 972.11 feet; thence North 0E35'34" West, 517.00 feet; thence South 89E24'26" West, 600.00 feet; thence South 0E35'34" East, 517.00 feet to a point on the aforementioned south line; thence South 89E24'26" West, along said south line, 1048.65 feet to the southwest corner of said Northeast Quarter; thence North 0E21'28" West, along the west line of said Northeast Quarter, 2640.02 feet to the point of beginning. Containing 191.48 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 when the first 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 Engineer's Office for approval prior to beginning any construction activities.

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

5. That the developer provide for fire protection as required by the Fire Department.

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

7. That the developer extend sanitary sewers as required by the City Engineers Office.

8. That the developer secure the approval of the Street Naming Committee for all street names.

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

10. That the developer construct no building or structure which exceeds the height limitation as required by the Kansas City Downtown Airport Height Zoning Restrictions Map.

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

12. That the developer improve N.E. 92nd Street from the schools easterly driveway in Phase A to the easterly limit of Phase B (including that portion of approximately 600 feet of frontage under different ownership on the north side of N.E. 92nd Street) to collector street standards as required by the Department of Public Works, including construction of sidewalks and installation of streetlights on the north side with the development of Phase B.

13. 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 total of 40 feet of right of way as measured from the centerline of N.E. 96th Street.

14. That the developer improve the south side of N.E. 96th Street to secondary arterial street standards as required by the Department of Public Works, including construction of sidewalks and installation of streetlights.

15. That the developer construct a westbound left turn lane on N.E. 96th Street at N. Indiana Avenue with the development of Phase 4 as required by the Department of Public Works.

16. That the developer construct sidewalks on all public streets as required by the Department of Public Works.

17. That the developer provide for adequate sight distances at all street intersections as required by the City Engineers Office.

18. That the developer include a statement on the final plat prohibiting vehicular access from all residential lots backing onto N. Indiana Avenue and N.E. 96th Street as required by the Department of Public Works.

19. That the developer receive the approval of the Board of Zoning Adjustment for any subdivision identification signs.

20. 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.

21. That the developer submit a final plan to the City Plan Commission for approval including plans for landscaping, signage and grading. The final plan shall include berms, trees and plantings around and within the parking lots, shall show proposed pedestrian circulation and include 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. 030679, 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