COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970160
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 80-11A0031, rezoning an area of
approximately 17 acres generally located at the northwest corner of I-35 and
Missouri Highway 152 from District CP-3 (Regional Planned Business Center) to
District C-2-p (Local Retail Business - Limited District), and approving a
preliminary plan for the same. (11696-P-3)
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
80-11A0031, rezoning an area of approximately 17 acres generally located at the
northwest corner of I-35 and Missouri Highway 152 from District CP-3 (Regional
Planned Business Center) to District C-2-p (Local Retail Business - Limited
District), said section to read as follows:
Section 80-11A0031. That an area legally described
as:
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 0 25'57" East, along the east
line of said Northeast Quarter, 363.14 feet to a point on the westerly
right of way line of Interstate Route 35, as now established, said point
being also the true point of beginning of the tract to be herein described;
thence South 38 14'20" West, along said westerly right of way line,
393.82 feet to its intersection with the northerly right of way line of
Missouri Route 152, as now established; thence North 89 34'05" West,
along said northerly right of way line; 1106.46 feet; thence North 88
36'48" West, along said northerly right of way line; 701.47 feet; thence
North 0 25'55" East, 289.47 feet; thence South 89 34'05" East, 458.93
feet; thence easterly, along a curve to the right, tangent to the last
described course, having a radius of 100.00 feet, an arc distance of 8.91
feet; thence North 0 25'55" East, 59.06 feet; thence South 89
34'05" East, 229.89 feet; thence easterly along a curve to the right,
having an initial tangent bearing of North 83 05'46" East, a radius of
338.00 feet, an arc distance of 12.92 feet; thence North 85 17'13" East,
370.32 feet; thence South 89 08'54" East, 113.96 feet; thence
easterly, along a curve to the right, having an initial tangent bearing of
North 86 22'52" East, a radius of 5763.58 feet, an arc distance of
407.47 feet; thence South 89 34'05" 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 the
aforesaid east line of said Northeast Quarter; thence South 0 25'57"
West, along said east line, 129.21 feet to the true point of beginning.
Containing 16.51 acres more or less.
is hereby rezoned from District CP-3 (Regional Planned
Business Center) to District C-2-p (Local Retail Business - Limited District),
all as shown outlined on a map marked Section 80-11A0031, 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 for the entire
development when the first final plat is submitted and that the
developer make any improvements as required by
the City Engineer's Office.
3. That the developer secure a land disturbance
permit from the Missouri Department of Natural Resources.
4. That the developer dedicate additional right of
way for N. Church Road as required by the Department of Public Works
so as to provide 60 feet of right of way for N.
Church Road.
5. That the developer improve N. Church Road full
width to collector street standards and construct a minimum of two
northbound lanes and three southbound lanes at its
intersection with N.E. Barry Road as required
by the Department of Public Works.
6. That the developer construct an eastbound left
turn lane on N.E. Barry Road at N. Church Road as required by the
Missouri Highway and Transportation Department
and improve the existing traffic signal at said
intersection as required by the Missouri
Highway and Transportation Department.
7. That the developer receive a permit from the
Missouri Highway and Transportation Department prior to working in
any State right of way.
8. 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.
9. That the developer extend sanitary sewers to
serve each building with a separate service connection as required by
the Department of Public Works.
10. That the developer extend water mains as
required by the Water Services Department.
11. That the developer provide the off-site
detention facility at the time of platting as required by the
Department of Public Works.
12. That the developer contribute to the
I-35/Liberty Corridor Improvement Fund based on the following rates:
$174.00 per hotel/motel room
$0.71 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
$0.90 per gross square foot of movie
theater building
A copy of said preliminary plan is on file in the office
of the City Clerk under Document No. 970160, 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:
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Assistant City Attorney