ORDINANCE NO. 010177

Approving an amendment to a previously approved preliminary plan in District M-1-p (Light Industry - Limited District) on approximately a 12.75 acre tract of land generally located at the northwest corner of N.E. 76th Street and N. Church Road. (11690-P-6)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District M-1-p (Light Industry - Limited District) on approximately a 12.75 acre tract of land generally located at the northwest corner of N.E. 76th Street and N. Church Road, and more specifically described as follows:

All that part of Section 14, Township 51, Range 32 in Kansas City, Clay County, Missouri, described as follows: Beginning at the southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 14; thence North 0E32'20" East along the west line of the Southeast Quarter of the Northwest Quarter of said Section 14, a distance of 681.13 feet; thence South 89E19'41" East and parallel to the east-west centerline of said Section 14, a distance of 1411.60 feet to a point on the northwesterly line of the right of way of Interstate Route 35; thence South 28E03'47" West along said right of way line, a distance of 767.13 feet to a point on the south line of the Northwest Quarter of said Section 14; thence North 89E19'41" West along the south line of the Northwest Quarter of said Section 14, a distance of 1057.10 feet to the point of beginning. Except that part in roadway conveyed by deed recorded in Book 446 at page 581 in the Recorder of Deeds Office in Clay County, Missouri.

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 when the first plat is submitted 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 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 dedicate additional right of way for N. Flintlock Road as required by the Department of Public Works so as to provide 40 feet of right of way as measured from the centerline of N. Flintlock Road.

8. That the developer dedicate additional right of way for N.E. 76th Street as required by the Department of Public Works so as to provide 40 feet of right of way as measured from the centerline of N.E. 76th Street.

9. That the developer improve one-half of N. Flintlock Road to secondary arterial street standards as required by the Department of Public Works at such time that Phase II is platted.

10 That the developer improve one-half of N.E. 76th Street to secondary arterial street standards as required by the Department of Public Works at such time that Phase II is platted for the portion of N.E. 76th Street which abuts Phase II.

11. That the developer enter into an unsecured deferral agreement for a period of ten years with the City as required by the Department of Public Works whereby the developer agrees to improve that portion of N.E. 76th Street which abuts Phase I or when the south side of N.E. 76th Street is improved, whichever first occurs.

12. That the developer identify floodway and floodplain boundaries on the final plat as required by the Department of Public Works.

13. That the developer secure a permit from the Missouri Department of Transportation prior to working within any State right of way.

14. That the developer contribute $17,235.00 to the N. I-35/Liberty Corridor Study Improvement Fund based on the rate of $0.18 per gross square foot of new warehousing construction.

15. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping and signage.

A copy of said amendment is on file in the office of the City Clerk under Document No. 010177, 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