RESOLUTION NO. 030267

Amending the Shoal Creek Valley Area Plan by amending the Proposed Land Use Plan and Map for an approximately 4 acre tract of land generally located at the southwest corner of N. Brighton Avenue and N.E. 80th Street by changing the recommended land use from residential to retail commercial and for an approximately 6 acre tract of land generally located at the southeast corner of N. Spruce Street and N.E. 80th Street from residential to office. (405-S-24)

WHEREAS, on March 26, 1992, the City Council by Committee Substitute for Resolution No. 920048 adopted the Shoal Creek Valley Area Plan being the Plan for development and redevelopment of that area generally bounded by the corporate limits of Kansas City on the north, Pleasant Valley Road on the south, the corporate limits of Kansas City on the east and N. Woodland Avenue on the west; and

WHEREAS, said Plan has been amended by Resolution No. 931107, adopted October 21, 1993; by Resolution No. 951256, adopted November 9, 1995; by Resolution No. 960508, adopted July 2, 1996; by Resolution No. 971165, adopted September 4, 1997; by Resolution No. 971555, adopted December 18, 1997; by Committee Substitute for Resolution No. 980565, adopted June 25, 1998; by Resolution No. 990157, adopted March 25, 1999; by Resolution No. 991002 adopted August 26, 1999; by Resolution No. 991004 adopted August 26, 1999; by Resolution No. 000154, adopted March 9, 2000; by Resolution No. 000959, adopted August 24, 2000; by Resolution No. 001700, adopted February 15, 2001; by Resolution 020055, adopted January 31, 2002; and by Resolution No. 021000, adopted September 5, 2002; and

WHEREAS, an application was submitted by James L. Wasko, Kings Gate at Brighton, L.L.C., to amend the Shoal Creek Valley Area Plan as it affects that 3.9 acre area generally located at the southwest corner of N. Brighton Avenue and N.E. 80th Street by changing the recommended land use from residential to retail commercial and as it affects that 5,98 acres generally located at the southeast corner of N. Spruce Street and N.E. 80th Street by changing the recommended land use from residential to office; and

WHEREAS, public notice of a hearing before the City Plan Commission was published on November 19, 2002; and

WHEREAS, the City Plan Commission considered such amendment to the Proposed Land Use Plan and Map on January 7, 2003; and

WHEREAS, after all interested persons were given an opportunity to present testimony, the City Plan Commission did on January 7, 2003, recommend approval of the proposed amendment to the Shoal Creek Valley Area Plan; NOW, THEREFORE,

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

Section A. That the Shoal Creek Valley Area Plan, as approved by Committee Substitute for Resolution No. 920048, adopted March 26, 1992, and as amended by Resolution Nos. 931107, 951256, 960508, 971165, 971555, Committee Substitute for 980565, 990157, 991002, 991004, 000154, 000959, 001700, 020055 and 021000, adopted on October 21, 1993, November 9, 1995, July 2, 1996, September 4, 1997, December 18, 1997, June 25, 1998, March 25, 1999, August 26, 1999, March 9, 2000, August 24, 2000, February 15, 2001, January 31, 2002, and September 5, 2002, respectively, is hereby amended as to the Proposed Land Use Plan and Map for that area of approximately 4 acres generally located at the southwest corner of N. Brighton Avenue and N.E. 80th Street by changing the recommended land use from residential to retail commercial and for approximately 6 acres at the southeast corner of N. Spruce Street and N.E. 80th Street by changing the recommended land use from residential to office. A copy of the amendment to the Shoal Creek Valley Area Plan is attached hereto as Exhibit A and is incorporated herein by reference.

Section B. That the amendment to the Shoal Creek Valley Area Plan is consistent and complies with the FOCUS Kansas City Plan, adopted on October 30, 1997, by Committee Substitute for Resolution No. 971268, and is adopted as a supplement to the FOCUS Kansas City Plan.

Section C. That the Council finds and declares that before taking any action on the proposed area plan amendment hereinabove, all public notices and hearings required by law have been given and had.

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