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:

___________________________________

Assistant City Attorney