COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010244

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0338, rezoning an area of approximately 59.7 acres generally located in the southwest quadrant of U.S. Highway 169 and Missouri Route 152 from District RA (Agricultural) to District CP-3 (Regional Planned Business Center), and approving a preliminary plan for the same. (11426-CP-13)

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 80-11A0338, rezoning an area of approximately 4 acres generally located in the southwest quadrant of U.S. Highway 169 and Missouri Route 152 from District RA (Agricultural) to District CP-3 (Regional Planned Business Center), said section to read as follows:

Section 80-11A0338. That an area legally described as:

All that part of the Southeast Quarter and the Fractional Southwest Quarter of Section 3, Township 51, Range 33, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North 0E5337 East, along the West line of said Southeast Quarter, 1753.91 feet; thence South 89E0623 East, 75.62 feet to a point on the Southerly right of way line of Missouri Highway No. 152, as now established, said point also being the true point of beginning of the tract to be herein described; thence North 69E4245 East, along said Southerly line, 30.82 feet; thence South 76E5542East, along said southerly line, 531.85 feet to a point on the westerly right of way line of U.S. Highway 169 (N.W. Arrowhead Trafficway), as now established; thence South 42E3721 East, along said westerly line, 531.59 feet; thence South 25E2424 East, along said westerly line, 403.61; thence South 06E1837 East along said westerly line, 282.49 feet; thence southwesterly, along said westerly line, on a curve to the left, having an initial tangent bearing of South 15E4119 West, a radius of 5839.58 feet, a central angle of 08E5117, an arc distance of 902.47 feet; thence North 69E1833 West, 651.25 feet; thence northwesterly along a curve to the left, tangent to the last described course, having a radius of 1506.00 feet, a central angle of 03E4959, an arc distance of 984.80 feet; thence North 0E0000 East, 358.00 feet; thence North 18E2101 East, 561.88 feet; thence North 0E0000 East, 703.00 feet to a point on the southerly right of way line of Missouri Highway No. 152, as now established; thence North 67E4454 East, along said southerly line, 36.71 feet; thence North 69E4245 East, along said southerly line, 458.49 feet to the true point of beginning. Containing 59.27 acres more or less.

is hereby rezoned from District RA (Agricultural) to District CP-3 (Regional Planned Business Center), all as shown outlined on a map marked Section 80-11A0338, 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 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 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 construct a 150 feet long right turn lane on the east side of N. Madison Avenue, south of N.W. 88th Street as required by the Department of Public Works.

7. That the developer enter into an Agreement with the City as required by the Department of Public Works whereby the developer agrees to install a traffic signal at the intersection of N. Madison Avenue and N.W. 88th Street at such time as a Certificate of Occupancy for Phase 7 is issued or at such time as the 88th Street bridge as shown on the preliminary plan is constructed, whichever occurs first.

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

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

10. That the developer extend water mains as required by the Water Services Department.

11. That the developer extend sanitary sewers as required by the Department of Public Works.

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

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 010244, 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.

_____________________________________________

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

___________________________________

Secretary, City Plan Commission

Approved as to form and legality:

___________________________________

Assistant City Attorney