ORDINANCE NO. 010407

Approving an amendment to a previously approved preliminary plan in District CP-2 (Local Planned Business Center) on approximately a 12.7 acre tract of land generally located north and south of N.E. 79th Street and west of N. Church Road. (11661-CP-8)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District CP-2 (Local Planned Business Center) on approximately a 12.7 acre tract of land generally located north and south of N.E. 79th Street and west of N. Church Road, and more specifically described as follows:

TRACT A: A tract of land in the Northeast Quarter of Section 14, Township 51, Range 32, Kansas City, Clay County, Missouri, described as follows: Beginning at the northeast corner of Lot 1, Wild Oak, a subdivision of land in Kansas City, Clay County, Missouri; thence South 61E56'19" East, a distance of 450.00 feet to a point on the northwesterly right of way line of Interstate Highway 35, as now established; thence South 28E03'41" West, along the northwesterly right of way line of said Interstate Highway 35, a distance of 747.60 feet to a point on the northerly right of way line of N.E. 79th Street, as now established; thence North 61E59'19" West, along said northerly right of way line, a distance of 20.09 feet; thence westerly, along said northerly right of way line, on a curve to the left, tangent to the last described course and having a radius of 330.00 feet, an arc distance of 158.00 feet; thence North 89E22'15" West, along said northerly right of way line, a distance of 132.37 feet; thence westerly, along said northerly right of way line, on a curve to the right, tangent to the last described course and having a radius of 270.00 feet, an arc distance of 129.27 feet; thence North 61E56'19" West, along said northerly right of way line, a distance of 20.09 feet; thence North 28E03'41" East, along the easterly line of said Lot 1, Wild Oak, and its southwesterly prolongation, a distance of 876.05 feet to the point of beginning. Said tract of land contains 8.39 acres, more or less.

TRACT B: A tract of land located in the Northwest Quarter of Section 14, Township 51, Range 32, all in Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the southwest corner of the Northwest Quarter of said Section 32; thence South 89E18'55" East, along the south line of said Northwest Quarter, a distance of 1247.62 feet; thence south North 01E21'48" East, a distance of 1232.26 feet; thence South 89E22'15" East, a distance of 1213.38 feet to the point of beginning; thence North 28E03'41" East, a distance of 410.61 feet; thence South 61E56'19" East, a distance of 36.00 feet to the beginning of a curve to the left having a radius of 330.00 feet and a central angle of 27E25'26", thence along said curve to the left an arc distance of 158.00 feet to the point of tangency with the following described course; thence South 89E22'15" East, a distance of 132.37 feet to the beginning of a curve to the right having a radius of 270.00 feet and a central angle of 27E25'56", thence along said curve to the right an

arc distance of 129.27 feet to the point of tangency with the following described course; thence South 61E56'19" East, a distance of 20.09 feet to a point on the westerly right of way line of Interstate No. 35; thence South 28E03'41" West, along said westerly right of way line, a distance of 305.48 feet; thence North 89E22'15" West, a distance of 507.01 feet to the point of beginning. Said tract of land contains 3.66 acres, more or less.

Area excepts for Road right of way equals 0.66 acres for a total area of 12.71 acres, more or less.

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 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 extend water mains as required by the Water Services Department.

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

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

9. That the developer receive the approval of the Missouri Department of Transportation prior to working within any State right of way.

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 Study Corridor Improvement Fund in the amount of $45,438.96 based upon the rate of $204.68 per student for 222 students.

11. That the developer receive the approval of the Missouri Department of Transportation for access locations onto N. Church Road.

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

A copy of said amendment is on file in the office of the City Clerk under Document No. 010407, 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