ORDINANCE NO. 001063

Approving an amendment to a previously approved preliminary plan in District CP-3 (Regional Planned Business Center) on approximately a 56.12 acre tract of land generally located at the northeast corner of N.E. Barry Road and N.E. Flintlock Road for the purpose of deleting an approximately 10.82 acre tract of land from said preliminary plan. (11696-CP-19)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District CP-3 (Regional Planned Business Center) on approximately a 56.12 acre tract of land generally located at the northeast corner of N.E. Barry Road and N.E. Flintlock Road, and more specifically described as follows:

A tract of land in the Northeast Quarter of Section 11, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the southeast corner of said Northeast Quarter; thence North 89E18'51" West, along the south line of said Northeast Quarter, 2049.51 feet; thence North 0E41'09" East, 54.59 feet to the true point of beginning of the tract to be herein described, said point being also a point on the north right of way line of Missouri Route 152, as now established; thence North 0E25'55" East, 289.47 feet; thence South 89E34'05" East, 458.93 feet; thence southeasterly, along a curve to the right, tangent to the last described course, having a radius of 100.00 feet, an arc distance of 65.63 feet; thence northeasterly, along a curve to the right, having an initial tangent bearing of North 49E36'54" East, a radius of 338.00 feet, an arc distance of 210.44 feet; thence North 85E17'13" East, 370.32 feet; thence South 89E08'54" East, 113.96 feet; thence easterly, along a curve to the right, having an initial tangent bearing of North 86E22'52" East, a radius of 5763.58 feet, an arc distance of 407.47 feet; thence South 89E34'05" East, 328.40 feet; thence easterly, along a curve to the left, tangent to the last described course, having a radius of 240.00 feet, an arc distance of 126.07 feet to a point on the east line of said Northeast Quarter; thence North 0E25'57" East, along said east line, 789.64 feet; thence North 89E06'22" West, 2591.44 feet to a point on the west line of said Northeast Quarter; thence South 0E26'45" West, along said west line, 1110.15 feet to a point on the aforesaid north right of way line; thence South 88E36'48" East, along said north right of way line, 55.91 feet; thence South 12E38'58" East, along said north right of way line, 123.69 feet; thence South 88E36'48" East, along said north right of way line, 458.53 feet to the true point of beginning. Containing 56.12 acres, more or less.

for the purpose of deleting therefrom an approximately 10.82 acre tract of land, more specifically described as follows:

All of Lot O, Lot P, Lot P1 and Tract 2, Wilshire Plaza - First Plat, a subdivision in Kansas City, Clay County, Missouri, and all of Lot Q, Lot R, Lot S, Tract 1 and all

of the west 16.00 feet of Tract II, Lot B, Wilshire Plaza - Third Plat, a subdivision in Kansas City, Clay County, Missouri.

so that the remaining tract of land of approximately 45.3 acres, more specifically described as follows:

All that part of Wilshire Plaza - First Plat, a subdivision in Kansas City, Clay County, Missouri, all of Wilshire Plaza - Fourth Plat, a subdivision in Kansas City, Clay County, Missouri, and a tract of land in the Northeast Quarter of Section 11, Township 51, Range 32, Kansas City, Clay County, Missouri, all being more particularly bounded and described as follows: Commencing at the southwest corner of said Northeast Quarter; thence North 0E26'45" East, along the west line of said Northeast Quarter, 636.54 feet; thence South 89E33'15" East, 50.00 feet to a point on the easterly right of way line of N.E. Flintlock Road, as now established, said point being also the true point of beginning of the tract to be herein described; thence North 0E26'45" East, along said easterly line, 654.47 feet; thence South 89E06'22" East, along the north line of said Wilshire Plaza - Fourth Plat and its westerly prolongation, 2541.43 feet to the northeast corner of said Wilshire Plaza - Fourth Plat; thence South 0E25'57" West, along the east line of said Wilshire Plaza - Fourth Plat, 789.64 feet to the southeast corner of said Wilshire Plaza - Fourth Plat; thence southwesterly, along the south line of said Wilshire Plaza - Fourth Plat, on a curve to the right, having an initial tangent bearing of South 60E20'02" West, a radius of 240.00 feet, an arc distance of 126.07 feet; thence North 89E34'05" West, along said south line, 328.40 feet; thence westerly, along said south line, on a curve to the left, tangent to the last described course, having a radius of 5763.58 feet, an arc distance of 407.47 feet; thence North 89E08'54" West, 113.96 feet to a point on the westerly right of way of N. Evanston Avenue, as now established; thence northerly, along said westerly line, on a curve to the left, having an initial tangent bearing of North 85E17'13" East, a radius of 25.00 feet, an arc distance of 39.04 feet; thence North 04E10'59" West, along said westerly line, 104.70 feet; thence Northerly, along said westerly line, on a curve to the right, tangent to the last described course, having a radius of 2032.00 feet, an arc distance of 70.46 feet to a point on the north line of said Wilshire Plaza - First Plat; thence North 89E34'05" West, along said north line and the north line of Wilshire Plaza - Third Plat, a subdivision in Kansas City, Clay County, Missouri, 1581.46 feet to the true point of beginning. And also, all of Lot A, said Wilshire Plaza - Third Plat, a subdivision in Kansas City, 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 secure a permit from the Missouri Department of Transportation prior to working within any State right of way.

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 dedicate the off-site detention facility with the platting of the development as required by the Department of Public Works.

10. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute to the North I-35/Liberty Corridor Study Improvement Fund based on the rates of $174.00 per hotel/motel room, $.071 per gross square foot of retail building, $1.83 per gross square foot of restaurant, $4.33 per gross square foot of fast food restaurant, $6.02 per gross square foot of drive-in bank building, $8.69 per gross square foot of convenience store building, and $0.90 per gross square foot of movie theater building.

11. That the developer construct sidewalks on both sides of N. Church Road and N. Evanston Avenue 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, grading, signage, and building elevations.

A copy of said amendment is on file in the office of the City Clerk under Document No. 001063, 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.

_____________________________________________

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