Lee's Summit

Miscellaneous Correction

Correct all signature lines to the following: Aimee Nassif, AICP - Development Services Director; Chip Touzinsky, P.E. - Planning Commission Secretary

Miscellaneous Correction

Amend Tract A and Tract B restriction language to denote that both tracts are, "To be owned and maintained by the Homes Association in accordance with the standards set forth in the covenants, conditions, and restrictions. During the period in which the developer maintains effective control of the board of condominium or property owners association, or other entity approved by the Governing Body, the developer shall remain jointly and severably liable for the maintenance obligations of the condominium or property owners association."

Highland Park was accepted as a street name per Shannon, but "WOOD LN" is used in both the NE and SE part of the city. This must be a continuation of the existing road alignment in order to use this name. Please verify that this is a continuation of the existing road or change the name of the street. Per LSMO street name policy (April 2009): Streets in general alignment with existing adjacent streets shall be given the same street name. Disconnected street segments shall adhere to this criterion even if there is no chance of a future connection. Streets shall have different names if they are not in alignment.

UDO - Declaration of Covenants and Restrictions

Sec. 4.290. - Declaration of Covenants and Restrictions - There shall be recorded in the land records of the county or counties in which the development is located, prior to the recording of the final plat or conveyance of any ownership interest in any of the real property in any development containing common property, a declaration of covenants and restrictions which shall:A.Specify the ownership of the common property; andB.Be prepared in accordance with this division; andC.Provide for the establishment of a condominium or property owners' association, or other entity approved by the Governing Body, prior to the recording of the final plat or sale of any part of the property; andD.Provide that ownership of any lot in the development shall not occur until the condominium or property owners' association, or other entity approved by the Governing Body, is formed and ownership of all common property has been transferred to the condominium or property owners' association or other entity; andE.Provide for the method of maintenance of common property; andF.Provide that the declaration of covenants and restrictions pertaining to common property shall be permanent; andG.Provide that the lot owners within the development are liable for the costs of maintenance of all common property and that the costs shall be assessed proportionally against the individual lots and lot owners within the development in accordance with the rules of the condominium or property owners' association; andH.Provide that the condominium or property owners' association, or other entity approved by the Governing Body, shall be responsible for liability insurance, taxes and perpetual maintenance; andI.Provide that membership in the condominium or property owners' association, or other entity approved by the Governing Body, shall be mandatory for each lot owner and any successive buyer; andJ.Provide that each lot owner, at the time of purchase, shall be furnished with a copy of the declaration of covenants and restrictions; andK.Provide that the condominium or property owners' association, or other entity approved by the Governing Body, formed to own and maintain common property shall not be dissolved without the consent of the City, unless the maintenance responsibilities set forth in the final development plan are assigned, with the consent of the City, to a person or entity with the financial, legal, and administrative ability to perform such obligations; andL.Provide that in the event that any condition of the common property is determined to be a nuisance or in disrepair in violation of any provision of the Lee's Summit Property Maintenance Code, and such disrepair or nuisance is abated pursuant to procedures otherwise provided in the Property Maintenance Code, that the costs to abate the nuisance created by the failure to maintain any common property shall be assessed proportionally against the individual lots and lot owners within the development, in an equal amount per individual lot or lot owner, pursuant to the tax bill provisions of the Property Maintenance Code, and that the amount caused by the Finance Director to be assessed annually by tax bill shall not exceed five percent of assessed valuation per individual lot or lot owner; andM.Provide that in the event it is determined that the maintenance of any storm water conveyance, retention or detention facility located on common property fails to meet any standard set forth in the final development plan, or final plat if no final development plan is required, and such failure is abated by the City pursuant to the procedures of this division, that upon completion of the work and certification by the Director of Public Works that the deficiency has been abated, the Director of Public Works shall certify all costs of such abatement, including enforcement costs and expenses of staff time incurred in the remediation of the deficiency, to the City's Director of Finance who shall cause a special tax bill therefore, or add the costs thereof to the annual real estate tax bill, at the Finance Director's option, proportionally against the individual lots and lot owners within the development, in an equal amount per individual lot or lot owner, that the amount caused by the Finance Director to be assessed annually by tax bill shall not exceed five percent (5%) of assessed valuation per individual lot or lot owner, that the tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance shall be a defense thereto, that each special tax bill shall be issued by the City Clerk and delivered to the City Finance Director on or before the first day of June of each year, and that such tax bill, if not paid when due, shall bear interest at the rate of eight percent; andN.Provide that the City shall be a third party beneficiary of all provisions pertaining to the assessment of costs for maintenance of storm water conveyance, retention, or detention facilities on common property, and that such provisions shall not be modified or amended without the written consent of the City.The Governing Body may waive, amend, or approve requirements or the use of other entities in lieu of, the requirements of this section.

See previous applicant letter. Dedication language was not complete in regard to maintenance of Tract A and Tract B for stormwater detention. It should list the exact entity responsible for ongoing maintenance, not a multiple choice set. Fill in the responsible party (i.e., property owner's association, and remove all other choices), and indicate the specific tracts it corresponds to (i.e., Tracts A and Tract B). Correction required.

DE C&O #01 Eng Plans – FP/PP

All required engineering plans and studies, including water lines, sanitary sewers, storm drainage, streets and erosion and sediment control shall be submitted along with the final plat and approved prior to the approval of the final plat. All public infrastructure must be substantially complete, prior to the issuance of any building permits.

DE C&O #02 Master Drainage Plan

A Master Drainage Plan (MDP) shall be submitted and approved in accordance with the City’s Design and Construction Manual for all areas of the development, including all surrounding impacted areas, along with the engineering plans for the development. The MDP shall address drainage level of service issues on an individual lot basis.

DE C&O #03 Eng & Insp Fees

All Engineering Plan Review and Inspection Fees shall be paid prior to approval of the associated engineering plans and prior to the issuance of any site development permits or the start of construction (excluding land disturbance permit).

DE C&O #04 Cert FA or Escrow

All subdivision-related public improvements must have a Certificate of Final Acceptance prior to approval of the final plat, unless security is provided in the manner set forth in the City's Unified Development Ordinance (UDO) Section 7.340. If security is provided, building permits may be issued upon issuance of a Certificate of Substantial Completion of the public infrastructure as outlined in Article 3, Division V, Sections 3.540 and 3.550 and Article 3, Division IV, Section 3.475 of the UDO, respectively.

DE C&O #05 As-Graded MDP

The As-graded Master Drainage Plan shall be submitted to and accepted by the City prior to the issuance of a Certificate of Substantial Completion and prior to the issuance of any building permits for the development.

DE C&O #06 Land Disturbance

A Land Disturbance Permit shall be obtained from the City if groundbreaking will take place prior to the issuance of a site development permit, building permit, or prior to the approval of the Final Development Plan / Engineering Plans.

DE C&O #07 Easements

All permanent off-site easements, in a form acceptable to the City, shall be executed and recorded with the Jackson County Recorder of Deeds prior to the issuance of a Certificate of Substantial Completion or approval of the final plat. A certified copy shall be submitted to the City for verification.

DE C&O #08 Changes to MDP

A restriction note shall be included on the final plat stating: “Individual lot owner(s) shall not change or obstruct the drainage flow paths on the lots, as shown on the Master Drainage Plan, unless specific application is made and approved by the City Engineer."

DE C&O #12 Cut & Fill

Any cut and / or fill operations, which cause public infrastructure to exceed the maximum / minimum depths of cover shall be mitigated by relocating the infrastructure vertically and / or horizontally to meet the specifications contained within the City’s Design and Construction Manual.

DE C&O #13 ADA Sidewalk Ramps

All ADA sidewalk ramps shall be constructed by the developer at the time the street is constructed.

DE C&O #14 Common Area Sidewalks

All sidewalks adjacent to a common area tract, unplatted land or any land where no structure is intended to be built, and is required, shall be constructed by the developer at the time the street is constructed.

Miscellaneous Correction

Only one point of vehicle accessis provided to this development and two are required. Second access to be concurrent with the Reserve, per response letter from Schlagel.

HIGHLAND PARK DR is not a valid street name due to character limit. Characters are limited due to readability and sign length. Per LSMO street name policy (April 2009): The street name not including prefix or suffix shall not exceed 12 characters. Spaces shall be counted as characters. Example: MISTY MEADOW is 12 characters "Highland Dr" is ok, but "Highland Park" is too long at 13 characters Mike Weisenborn 10/30/2024 10:55 AM - discussed this with Shannon and he does not have an issue with the length.

"WOOD LN" is used in both the NE and SE part of the city. This must be a continuation of the existing road alignment in order to use this name. Please verify that this is a continuation of the existing road or change the name of the street. Per LSMO street name policy (April 2009): Streets in general alignment with existing adjacent streets shall be given the same street name. Disconnected street segments shall adhere to this criterion even if there is no chance of a future connection. Streets shall have different names if they are not in alignment.

Dedication language for the detention tracts (i.e., Tract A and B) is still not quite correct. The standard template language that was provided appears correct, but you did not specify whether the detention tracts would be maintained by the property owners association, homeowners association, or owner. Please select which entity will be responsible for perpetual maintenance of Tracts A and B by selecting the entity responsible for perpetual maintenance.

Miscellaneous Correction

Only one point of vehicle accessis provided to this development and two are required. Second access to be concurrent with the Reserve, per response letter from Schlagel.

Sidewalks should be shown on all streets.

Miscellaneous Correction

Only one point of vehicle accessis provided to this development and two are required. Make needed corrections.

Please label each lot, parcel, or tract with its street number. Lot 1 – 2950 SE Shenandoah Dr Lot 2 – 651 SE Riley Ln Lot 3 – 551 SE Riley Ln Tract A – 570 SE Riley Ln Tract B - 575 SE Riley Ln

Please refer to previous comment letter. It does not appear any of the engineering comments were addressed. In particular, we are missing the supplied language for the sanitary sewer exclusive easement in the dedication language shown in the upper right hand corner of the plat, and we are missing the detention basin tract maintenance language that was supplied to you. Please revise, update, and resubmit as requested.

Please eliminate the water line easement shown on the plat that runs parallel with the sanitary sewer easement. Please increase the width of the sanitary sewer easement to match what is shown for the combined sanitary sewer easement and water line easement (i.e., 32.5 feet total width). At the present time, the water line loop is not desired to extend to the northeast as shown, but rather, looped to the main on Blue Pkwy. Please revise as appropriate.

Griffin Dr and Riley Dr are existing streets in the north part of LS. Merely changing the suffix is not enough; the entire street name must be changed. Please change the names of these streets.

Griffin Dr and Riley Dr are existing streets in the north part of LS. Please change the names of these streets.

Please include the lot/tract numbers in the plat title.

Please update the signature block for Development Services to reflect the Current director, Joshua Johnson, AICP.

Please label each lot, parcel, or tract with its street number.

Miscellaneous Correction

Only one point of vehicle accessis provided to this development and two are required. Make needed corrections.

Miscellaneous Correction

The street names Riley and Griffin are already used in another part of the city. Provide new names.

An exclusive sanitary sewer easement is shown on the plat, but not defined anywhere on the plat. Please use the following definition on the plat that has been reviewed by the City Law Department: "Sanitary Sewer Easement: A permanent and exclusive easement is hereby granted to the City of Lee’s Summit to patrol, alter, conduct surveys, construct, erect, inspect, install, maintain, operate, rebuild, reconstruct, relocate, remove, renew, repair and replace sewer pipe lines, manholes, and appurtenances thereto, including the right and privilege at any time and from time to time to enter upon, over, under, through, across, in, and upon those areas outlined or designated upon this plat at “Sanitary Sewer Easement” or within any street or thoroughfare dedicated to the public use on this plat. Grantor, its successors and assigns, shall not obstruct or interfere with Grantee’s use and enjoyment of the easement granted hereunder by any means, including, without limitation, obstructing or interfering with the operation, maintenance, or access to such pipe lines, manholes, and appurtenances thereto, by erecting, or causing or allowing to be erected, any building, structure, or other improvements on said easement. Grantor, its successors and assigns, to the fullest extent allowed by law, including, without limitation, section 527.188, RSMo., hereby waives any right to request vacation of the easements herein granted. All easements shall, at all times, be deemed to be and shall be a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor."

Please use the following language to describe the responsibilities and identification of parties in respect to the detention basins: "All storm water conveyance, retention, or detention facilities to be located on common property shall be owned and maintained by the {property owners’ association, homeowners’ association - please identify which is applicable} in accordance with the standards set forth in the covenants, conditions, and restrictions. These stormwater detention facilities shall be inspected by the {property owners’ association, homeowners association, or owner, as appropriate} on the frequency specified in the current City of Lee’s Summit Design and Construction Manual, to assure that all inlet and outlet structures are fully-functional, the detention basin has full storage capacity and all landscaping, vegetation and structural improvements are being maintained in accordance with the current City of Lee’s Summit Property Maintenance Code."

On the stormwater note, please add "as shown on the Master Drainage Plan for Reunion at Blackwell" immediately after "on the lots".

Informational Comment: A final review of the easements shall be conducted prior to submittal of final mylars. Adjustments may be necessary based on a review of the water line and sanitary sewer plans.