ORDINANCE NO. 000889

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0288, rezoning an area of approximately 44.6 acres generally located on the north side of N.E. LP Cookingham Drive (Missouri Route 291), west of the city limits of Liberty, Missouri, and extending approximately 350 feet west of N. Cedar Avenue from Districts R-1a (One-Family Dwellings) and CP-2 (Local Planned Business Center) to District CP-2 (Local Planned Business Center), and approving a preliminary plan for the same. (6158-CP-7)

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 80-11A0288, rezoning an area of approximately 44.6 acres generally located on the north side of N.E. LP Cookingham Drive (Missouri Route 291), west of the city limits of Liberty, Missouri, and extending approximately 350 feet west of N. Cedar Avenue from Districts R-1a (One-Family Dwellings) and CP-2 (Local Planned Business Center) to District CP-2 (Local Planned Business Center), said section to read as follows:

Section 80-11A0288. That an area legally described as:

TRACT A: All of Tract G, Amber Lakes - First Plat, a subdivision in Kansas City, Clay County, Missouri, and a tract of land in the Southwest Quarter of Section 36, Township 52, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northwest corner of said Southwest Quarter; thence South 0E52'03" West, along the west line of said Southwest Quarter, 679.88 feet to the true point of beginning of the tract to be herein described; thence easterly on a curve to the left having initial tangent bearing of South 81E09'19" East, a radius of 530.00 feet, an arc distance of 61.60 feet; thence South 87E48'52" East, 14.95 feet; thence easterly on a curve to the right, tangent to the last described course, having a radius of 770.00 feet, an arc distance of 183.41 feet; thence South 74E10'00" East, 110.31 feet; thence southerly on a curve to the right, tangent to the last described course, having a radius of 15.00 feet, an arc distance of 23.56 feet to a point on the westerly line of N. Cedar Avenue, as now established; thence South 15E50'00" West, along said westerly line, 2.22 feet; thence southerly on a curve to the left, along said westerly line, tangent to the last described course, having a radius of 805.00 feet, an arc distance of 223.17 feet; thence South 0E03'02" East, along said west line, 537.10 feet; thence southerly, along said west line on a curve to the right, tangent to the last described course, having a radius of 350.00 feet, an arc distance of 147.65 feet; thence South 24E07'14" West, along said west line 182.42 feet; thence westerly, along said west line, on a curve to the right, tangent to the last described course, having a radius of 15.00 feet, an arc distance of 23.44 feet to a point on the northeasterly right of way line of Missouri Route 291, as now established; thence northwesterly, along said northeasterly line, on a curve to the left, having a common tangent with the last described course, a radius of 7699.44 feet, an arc distance of 253.67 feet to a point on the aforementioned west line of said Southwest Quarter;

thence North 0E52'03" East, along said west line, 1063.03 feet to the true point of beginning. Containing 8.68 acres, more or less.

TRACT B: A tract of land in the Southwest Quarter of Section 36, Township 52, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northwest corner of said Southwest Quarter; thence South 89E25'26" East, along the north line of said Southwest Quarter, 405.33 feet; thence South 0E34'34" West, 1299.89 feet to the true point of beginning of the tract to be herein described, said point being also a point on the south line of Amber Meadows - First Plat, a subdivision of land in Kansas City, Clay County, Missouri, said point being also a point on the east right of way line of N. Cedar Avenue, as now established; thence South 85E34'19" East, along said south line, 332.88 feet; thence North 89E56'58" East, 250.00 feet; thence South 37E46'53" East, 352.17 feet to a point on the westerly line of N. Ash Avenue, as now established; thence southwesterly, along said westerly line, on a curve to the left, having an initial tangent bearing of South 38E20'05" West, a radius of 830.00 feet, an arc distance of 176.59 feet; thence South 26E08'39" West, along said westerly line, 52.01 feet; thence southwesterly, along said westerly line, on a curve to the right, tangent to the last described course, having a radius of 800.00 feet, an arc distance of 126.62 feet; thence southwesterly, along said westerly line, on a curve to the left, having a common tangent with the last described course, a radius of 800.00 feet, an arc distance of 126.62 feet; thence South 26E08'39" West, along said westerly line, 140.04 feet; thence southwesterly and westerly, along said westerly line, on a curve to the right, tangent to the last described course, having a radius of 15.00 feet, an arc distance of 23.56 feet, to a point on the northeasterly right of way line of Missouri Route 291, as now established; thence North 63E51'21" West, along said northeasterly line, 381.45 feet; thence northwesterly, along said northeasterly line, on a curve to the left, having an initial tangent bearing of North 63E47'55" West, a radius of 7699.44 feet, an arc distance of 214.35 feet; thence northwesterly, northerly and northeasterly, along the easterly line of said N. Cedar Avenue, on a curve to the right, having a common tangent to the last described course, a radius of 15.00 feet, an arc distance of 23.43 feet; thence North 24E07'14" East, along said easterly line, 63.32 feet; thence northerly, along said easterly line, on a curve to the left, tangent to the last described course, having a radius of 550.00 feet, an arc distance of 232.03 feet; thence North 0E03'02" West, along said easterly line, 286.90 feet to the true point of beginning. Containing 11.43 acres, more or less.

TRACT C: A tract of land in the Southwest Quarter of Section 36, Township 52, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northwest corner of said Southwest Quarter; thence South 89E25'26" East, along the north line of said Southwest Quarter, 1381.99 feet; thence South 0E34'34" West, 1495.78 feet to the true point of beginning of the tract to be herein described, said point being also a point on the south line of Amber Meadows - First Plat, a subdivision of land in Kansas City, Clay County, Missouri, said point being also a point on the east right of way line of N. Ash Avenue, as now established; thence South 37E46'53" East, along said south line, 178.82 feet; thence North 64E15'23" East, along said south line, 218.42 feet; thence North 81E26'01" East, along said south line, 122.14 feet; thence South 89E19'47" East, along said south line 500.53 feet to a point on the Kansas City city limit line; thence South 0E33'25" West, along said city limit line, 880.62 feet to a point on the northerly right of way line of Missouri Highway A, as now established; thence southwesterly, along said northerly line, on a curve to the left, having an initial tangent bearing of South 68E08'34" West, a radius of 636.62 feet, an arc distance of 159.63 feet; thence South 53E46'34" West, along said northerly line, 224.84 feet to a point on the northeasterly right of way line of Missouri Route 291, as now established; thence North 65E20'43" West, along said northeasterly line, 540.07 feet; thence North 66E56'13" West, along said northeasterly line, 473.66 feet; thence South 26E05'19" West, along said northeasterly line, 15.00 feet; thence North 63E51'21" West, along said northeasterly line, 59.36 feet; thence northwesterly, northerly and northeasterly, along the east right of way line of said N. Ash Avenue, on a curve to the right, tangent to the last described course, having a radius of 15.00 feet, an arc distance of 23.56 feet; thence North 26E08'39" East, along said east line, 140.04 feet; thence northeasterly, along said east line, on a curve to the left, tangent to the last described course, having a radius of 800.00 feet, an arc distance of 126.62 feet; thence northeasterly, along said east line, on a curve to the right, having a common tangent to the last described course, a radius of 800.00 feet, an arc distance of 126.62 feet; thence North 26E08'39" East, along said east line, 52.01 feet; thence northeasterly, along said east line, on a curve to the right, tangent to the last described course, having a radius of 770.00 feet, an arc distance of 163.83 feet; thence North 38E20'05" East, along said east line, 32.01 feet; thence northeasterly, along said east line, on a curve to the right, tangent to the last described course, having a radius of 675.00 feet, an arc distance of 156.12 feet to the true point of beginning. Containing 24.49 acres, more or less.

is hereby rezoned from Districts R-1a (One-Family Dwellings) and CP-2 (Local Planned Business Center) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80-11A0288, 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 to the City Engineers Office for approval and that the developer make any necessary 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 the commencement of 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 install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

7. That the developer extend sanitary sewers 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 enter into an Agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute $401,682.00 to the Interstate 35/Liberty Corridor Improvement Fund. The contribution will be based on the following rates: $0.52 per square foot of office space; $1.07 per square foot of retail space; and $1.83 per square foot of restaurant space.

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

11. That the developer submit a street name signage plan to the Street Naming Committee for approval prior to approval of the first final plat.

12. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, signage (including elevations), grading and building elevations.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 000889, 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