COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 021274

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0440, rezoning an area of approximately 43.4 acres generally located at the northwest corner of N.E. L.P. Cookingham Drive ( Missouri Route 291) and (realigned) N.E. Sherman Road from District RA ( Agricultural) to District CP-2 (Local Planned Business Center). (12615-CP- 1)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0440, rezoning an area of approximately 43.4 acres generally located at the northwest corner of N.E. L.P. Cookingham Drive (Missouri Route 291) and ( realigned) N.E. Sherman Road from District RA (Agricultural) to District CP-2 (Local Planned Business Center), said section to read as follows:

Section 80-11A0440. That an area legally described as:

A tract of land in the Northeast Quarter and the Northwest Quarter of Section 21, Township 52, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southeast corner of said Northeast Quarter; thence North 8919'45" West, along the south line of said Northeast Quarter, a distance of 2256.92 feet; thence North 0040'15" East, a distance of 47.77 feet to its intersection with the northerly right-of-way line of Missouri Highway 291, as now established, said point also being the true point of beginning of the tract of land to be herein described; thence North 8911'15" West, along said northerly right-of-way line, 1503.41 feet; thence North 0048'02" East, along said northerly right-of-way line, a distance of 84.72 feet; thence North 8911'58" West, along said northerly right-of-way, 93.02 feet; thence North 0008'39" East, a distance of 999.37 feet; thence South 89 11'15" East, a distance of 1960.69 feet; thence southerly, along a curve to the right, having an initial tangent bearing of South 0307'35" East and a radius of 500.00 feet, an arc distance of 321.54 feet; thence South 3343'09" East, a distance of 355.86 feet; thence southerly, along a curve to the left, tangent to the last described course and having a radius of 500.00 feet, an arc distance of 287.17 feet; thence South 0048'45" West, a distance of 207.61 feet to the point of beginning. Said tract of land contains 43.38 acres, more or less.

is hereby rezoned from District RA (Agricultural) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80- 11A0440, 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 development 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 plans for grading and siltation and erosion control to the City Engineers Office for approval prior to the commencement of any construction activities.

3. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers Office.

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 if the disturbed area of the entire development exceeds five (5) acres.

6. That the developer dedicate additional right of way for LP Cookingham Drive as required by the Department of Public Works so as to insure 60 feet of right of way as measured from the centerline of LP Cookingham Drive.

7. That the developer dedicate a total of 123 feet of right of way for N.E. Sherman Road from LP Cookingham Drive/Missouri Route 291 to a point 350 feet north, a total of 111 feet of right of way for N.E. Sherman Road from a point 350 feet north of LP Cookingham Drive/Missouri Route 291 to a point 250 feet north of the northernmost entrance to the commercial center north 250 feet, and a total of 80 feet for the remainder of the project frontage on N.E. Sherman Road, with adequate tapers, as required by the Department of Public Works.

8. That the developer construct or widen N.E. Sherman Road to a minimum of three lane section with an exclusive southbound left-turn lane with storage increased to 240 feet with adequate tapers and an exclusive southbound right-turn lane with the commercial phase of development as required by the Department of Public Works.

9. That the developer construct the northbound and southbound approaches at the intersection of N.E. Sherman Road and the northernmost entrance to the commercial

center with three traffic lanes including left-turn lanes with 100 feet of storage with adequate tapers with the commercial phase of development as required by the Department of Public Works.

10. That the developer construct the eastbound and westbound approaches at the intersection of the northernmost entrance to the commercial center and N.E. Sherman Road with two traffic lanes including left turn lanes with 1100 feet of storage with adequate tapers with the commercial phase of development as required by the Department of Public Works.

11. That the developer construct traffic control at the intersection of the southernmost entrance into the commercial center from N.E. Sherman Road to restrict turning movements to right-in/right-out, and that a raised median be constructed in N.E. Sherman Road as required by the Department of Public Works.

12. That the developer construct a left-turn lane on eastbound LP Cookingham Drive/Missouri Route 291 at the intersection of N.E. Sherman Road/N.E. Reinking Road with a total of 325 feet of storage and adequate tapers with the commercial phase of development as required by the Department of Public Works.

13. That the developer construct a left-turn lane for the northbound approach of N.E. Reinking Road at the intersection of LP Cookingham Drive/Missouri Route 291 at the time this intersection is realigned.

14. That the developer dedicate a total of 50 feet of right of way for the proposed north-south street adjacent to the western property line as required by the Department of Public Works.

15. That the developer construct the eastern half of the proposed north-south street adjacent to the western property line to residential street standards with the first phase of development as required by the Department of Public Works, including construction of curbs, gutters, and sidewalks and installation of streetlights.

16. That the developer submit an application to the City to vacate existing N.E. Sherman Road prior to submittal of the first final plat or final plan.

17. That the developer secure the approval of the Missouri Department of Transportation prior to working in any State right-of-way.

18. That the developer complete all improvements in the defined phases of development described in the traffic study of June 12, 2002, within Missouri Department of Transportation jurisdiction prior to the issuance of any building permits or Certificates of Occupancy for any building within the development and prior to recording of final plat.

19. That the developer secure a floodplain certificate from the Department of Codes Administration prior to beginning any construction activities in the floodplain.

20. That the developer extend sanitary and storm sewers and determine their adequacy as required by the Department of Public Works.

21. That the developer extend or enlarge water mains and provide easements as required by the Water Services Department.

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

23. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on grading, landscaping, fencing, lighting, signage (including elevations), and building elevations.

A copy of said development plan is on file in the office of the City Clerk under Document No. 021274, 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 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