COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970816

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 80-11A0064, rezoning an area of approximately 7.99 acres generally located at the southwest corner of 137th Street and Holmes Road from District RA (Agricultural) to District C-3a1-p (Intermediate Business, Low Buildings - Limited District), and approving a preliminary plan for the same. (10222-P-1)

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 80-11A0064, rezoning an area of approximately 7.99 acres generally located at the southwest corner of 137th Street and Holmes Road from District RA (Agricultural) to District C-3a1-p (Intermediate Business, Low Buildings - Limited District), said section to read as follows:

Section 80-11A0064. That an area legally described as:

All of Tract 2 as described in the Missouri Warranty Deed recorded as Document No. K-648259, in Book K-1391, page 2344, on file with the Recorder of Deeds Office, Jackson County, Kansas City, Missouri, and part of Tract 1 in said deed described as follows: Beginning at the northeast corner of said Tract 1; thence South 03 43'28" West along the west right of way of Holmes Road, a distance of 65.88 feet; thence South 76 48'49" West, a distance of 639.98 feet to the west line of said Tract 1; thence North 03 29'40" East along said west line, a distance of 152.77 feet to the northwest corner of said Tract 1; thence North 84 31'28" East along the north line of said Tract 1, a distance of 620.91 feet to the point of beginning, containing 7.99 acres.

is hereby rezoned from District RA (Agricultural) to District C-3a1-p (Intermediate Business, Low Buildings - Limited District), all as shown outlined on a map marked Section 80-11A0064, 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 to the City Engineer's Office for approval and that the developer make any necessary improvements as required by the

City Engineer's Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any construction activities.

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

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

6. That the developer construct all-weather roads and provide for fire protection as required by the Fire Department prior to construction beyond footings and

foundations.

7. That the developer contribute $12,000.00 to the Martin City Study Area Improvement Fund based on a rate of $0.12 per gross square foot of warehouse space

prior to recording the final plat.

8. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

9. That the developer dedicate additional right of way for Holmes Road as required by the Department of Public Works so as to provide 50 feet of right of way as measured

from the centerline of Holmes Road.

10. That the developer improve one-half of Holmes Road to arterial street standards as required by the Department of Public Works.

11. That the developer indicate the limits of the floodplain on the final plat.

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

13. That the developer submit a final plan to the City Plan Commission for approval . The final plan shall include: site plan; dimension plan; grading plan; landscaping and

planting plan; and location of and details on signage (including elevations).

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 970816, 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