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COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 010506
Amending
Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0292,
rezoning an area of approximately 53.69 acres generally located on the east
side of N. Flintlock Road, extending east approximately one-half mile, and on
the north side of Missouri Route 152, extending north approximately
one-quarter mile, from Districts CP-3 (Regional Planned Business Center) and
C-2-p (Local Retail Business - Limited District) to District CP-3 (Regional
Planned Business Center), and approving a preliminary plan for the same.
(11696-P-24)
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri,
1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a
new section to be known as Section 80-11A0292, rezoning an area of approximately
53.69 acres generally located on the east side of N. Flintlock Road, extending
east approximately one-half mile, and on the north side of Missouri Route
152, extending north approximately one-quarter mile, from Districts CP-3
(Regional Planned Business Center) and C-2-p (Local Retail Business - Limited
District) to District CP-3 (Regional Planned Business Center), said section to
read as follows:
Section
80-11A0292. That an area legally described as:
All that part of Wilshire Plaza - First Plat,
all that part of Wilshire Plaza - Third Plat, all of Wilshire Plaza - Fourth
Plat, all being subdivisions in Kansas City, and all that part of the Northeast
Quarter of Section 11, Township 51, Range 33, Kansas City, all being in Clay
County, Missouri, being described as follows: Commencing at the southeast
corner of the Northeast Quarter of said Section 11; thence North 0E25'57" East, along the east line of
said Northeast Quarter, 492.35 feet to the southeast corner of said Wilshire
Plaza - Fourth Plat, said point being the true point of beginning of the tract
to be herein described; thence southwesterly, along the southerly line of said
Wilshire Plaza - Fourth Plat, on a curve to the right, having an initial
tangent bearing of South 60E20'02"
West, a radius of 240.00 feet, an arc distance of 126.07 feet; thence North 89E34'05" West, along said southerly
line, 328.40 feet; thence westerly, along a curve to the left, tangent to the
last described course, having a radius of 5763.58 feet, an arc distance of 407.47
feet; thence North 89E08'54" West, 113.96
feet; thence South 85E17'13" West, along
the southerly line of Lot O and Lot P, said Wilshire Plaza - First Plat, 370.32
feet; thence southwesterly along the southerly line of said Lot P and Tract 2,
said Wilshire Plaza - First Plat, on a curve to the left, tangent to the last
described course, having a radius of 338.00 feet, an arc distance of 210.44
feet to the most southerly corner of said Tract 2; thence westerly, along the
southwesterly line of said Tract 2 and Lot P1, said Wilshire Plaza - First
Plat, on a curve to the right, having an initial tangent bearing of North 51E58'02" West, a radius of 100.00
feet, an arc distance of 65.63 feet; thence North 89E34'05" West, along the southerly
line of said Lot P1 and Lots Q, R and S, said Wilshire Plaza - Third Plat,
635.99 feet to the northeast corner of Lot A, said Wilshire Plaza - Third Plat;
thence South 0E25'55" West, along
the east line of said Lot A, 286.52 feet to the southeast
corner
thereof; thence North 88E36'48" West, along the south line of said Lot A,
281.44 feet to the southwest corner thereof; thence North 12E38'58" West, along the westerly line of said Lot A, 123.69 feet;
thence North 89E36'48" West, along said westerly line, 5.91 feet;
thence North 0E26'45" East, along the west line of said Lot A
and said Lot S and its north prolongation, 1110.58 feet to its intersection
with the westerly prolongation of the north line of said Wilshire Plaza -
Fourth Plat; thence South 89E06'22" East, along said
westerly prolongation and the north line of said Wilshire Plaza - Fourth Plat,
2541.43 feet to the northeast corner of said Wilshire Plaza - Fourth Plat;
thence South 0E25'57" West, along the east line of said Wilshire
Plaza - Fourth Plat, 789.64 feet to the true point of beginning. Containing
53.69 acres, more or less.
is
hereby rezoned from Districts CP-3 (Regional Planned Business Center) and C-2-p
(Local Retail Business - Limited District) to District CP-3 (Regional Planned
Business Center), all as shown outlined on a map marked Section 80-11A0292,
which is attached hereto and made a part hereof, and which is hereby adopted as
a part of an amendment to the zoning maps constituting a part of said chapter
and as an amendment to Section 80-11 thereof.
Section
B. That a preliminary plan for the area legally described above 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 (including a review of the
previously approved storm drainage study) to the City Engineers Office for
approval when the final plat is submitted and that the developer make any
necessary improvements as required by the City Engineers Office.
3. That the developer submit plans
for grading, siltation and erosion control to the City Engineers 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 provide for
fire protection as required by the Fire Department.
7. That the developer extend
sanitary sewers to serve each building with a separate service connection as
required by the Department of Public Works.
8. That the developer extend water
mains as required by the Water Services Department.
9. That the developer dedicate any
off-site detention facility required to serve this development with the
platting of this development as required by the Department of Public Works.
10. That the developer enter into an
Agreement with the City as required by the Department of Public Works whereby
the developer contributes to the North I-35/ Liberty Corridor Study Improvement
Fund at the rate of $.071 per gross square feet of retail building, $1.83 per
gross square feet of restaurant, $4.33 per gross square feet of fast food
restaurant and $6.02 per gross square feet of drive-in bank building.
11. That the developer submit a
final plan to the City Plan Commission for approval, including detailed
information on landscaping, grading, signage and building elevations.
A copy of said preliminary
plan is on file in the office of the City Clerk under Document No. 010506,
which is attached hereto and made a part hereof.
Section C. That
the Council finds and declares that before taking any action on the proposed amendment
hereinabove, all public notices and hearings required by the Zoning Ordinance
have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
___________________________________
Assistant
City Attorney