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.

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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