COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980275

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0136, rezoning an area of approximately 1.6 acres generally located at the northeast corner of N.E. Vivion Road and N. Antioch Road from Districts C-1 (Neighborhood Retail Business), C-2 (Local Retail Business) and C-2-p (Local Retail Business - Limited District) to District URD (Urban Redevelopment District), and approving a development plan for the same. (11576-URD-2)

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 80-11A0136, rezoning an area of approximately 1.6 acres generally located at the northeast corner of N.E. Vivion Road and N. Antioch Road from Districts C-1 (Neighborhood Retail Business), C-2 (Local Retail Business) and C-2-p (Local Retail Business - Limited District) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0136. That an area legally described as:

All that part of the Southwest Quarter of Section 31, Township 51, Range 32, and all of Lot 1 and 2, Checkers, a platted subdivision of land in the City of Kansas City, Clay County, Missouri, described as follows: Commencing at the northwest corner of the Southwest Quarter of said Section 31; thence North 9000'00" East along the north line of the Southwest Quarter of said Section 31; a distance of 55.20 feet, to a point on the east right of way line of Antioch Road, as now established; thence South 029'07" West, along said east right of way line, a distance of 150.00 feet, to the true point of beginning; thence North 9000'00" East, a distance of 321.07 feet, to a point on the west line of Green Haven Plaza Number 2, a platted subdivision of land in the City of Kansas City, Clay County, Missouri; thence South 003'34" West along said west line a distance of 37.54 feet, to the northeast corner of said Lot 2, Checkers; thence continuing South 003'34" West along the east line of said Lot 2, Checkers, a distance of 116.98 feet to the southeast corner of said Lot 2, and the north right of way line of N.E. Vivion Road (US Highway 69); thence South 4908'03" West, along the southeasterly line of said Lots 2 and 1, Checkers, and the north right of way line of N.E. Vivion Road, a distance of 155.15 feet; thence North 6406'26" West, along the southwesterly line of said Lot 1, Checkers, a distance of 224.24 feet (224.14 feet plat), to a point on the east right of way line of Antioch Road; thence North 029'07" East, along said east right of way line, a distance of 33.99 feet (34.03 feet plat); thence South 9000'00" West along said east right of way line, a distance of 7.00 feet; thence North 029'07" East, along said east right of way line, a distance of 100.00 feet; thence North 9000'00" East, along said east right of way line, a distance of 2.00 feet; thence North 029'07" East, along said east right of way line, a distance of 25.00 feet, to the point of beginning.

is hereby rezoned from Districts C-1 (Neighborhood Retail Business), C-2 (Local Retail Business) and C-2-p (Local Retail Business - Limited District) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0136, 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 a storm drainage study to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

4. That the developer dedicate additional right of way for N. Antioch Road as required by the Department of Public Works so as to provide 50 feet of right of way as measured from the centerline of N. Antioch Road.

5. That the developer dedicate additional right of way for N.E. Vivion Road as required by the Department of Public Works so as to provide 50 feet of right of way as measured from the centerline of N.E. Vivion Road.

6. That the developer provide a cross-access easement with the final plat as required by the Department of Public Works.

7. That the developer provide for fire protection as required by the Fire Department.

8. That the developer construct sidewalks and install streetlights on the north side of N.E. Vivion Road as required by the Department of Public Works.

9. That the developer construct sidewalks and install streetlights on the east side of N. Antioch Road as required by the Department of Public Works.

10. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include: development plan information, property uses, setback distances, lighting, grading, landscaping, signage, and architectural characteristics.

A copy of said development plan is on file in the office of the City Clerk under Document No. 980275, 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