COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980986

Approving an amendment to a previously approved preliminary plan in District C-2-p (Local Retail Business - Limited District) on approximately a 3.92 acre tract of land generally located at the southwest corner of 79th Street and Wornall Road. (11398-P-6)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District C-2-p (Local Retail Business - Limited District) on approximately a 3.92 acre tract of land generally located at the southwest corner of 79th Street and Wornall Road, and more specifically described as follows:

A tract of land located in the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 18, Township 48 North, Range 33 West, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the southeast corner of the Northeast Quarter of the Northeast Quarter of said Southeast Quarter; thence South 8955'58" West along the south line of said Northeast Quarter of the Northeast Quarter of the Southeast Quarter, a distance of 30.00 feet to the point of beginning of the tract of land to be described; thence continuing along said south line a distance of 307.77 feet to the east right of way line of Washington Street; thence North 0005'31" West along the east right of way line of Washington Street, a distance of 159.84 feet; thence continuing along said east right of way line on a curve to the right, tangent to the last described course, having a radius of 294.62 feet, and an arc distance of 66.85 feet; thence North 1254'28" East continuing along said east right of way line, a distance of 197.10 feet; thence continuing along said east line on a curve to the left, tangent to the last described course, having a radius of 344.62 feet, and an arc distance of 78.37 feet; thence North 0050'56" West continuing along said east south right of way line, a distance of 125.30 feet to a point on the south right of way line of 79th Street; thence South 8959'20" East along said south right of way line, a distance of 240.50 feet to a point on the west right of way line of Wornall Road; thence South 0050'56" East parallel with and 30.00 feet distant from the east line of said Southeast Quarter, along said west right of way line, a distance of 620.91 feet to the point of beginning. Contains 170,719 square feet or 3.92 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 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 provide for fire protection as required by the Fire Department.

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

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

7. That the developer dedicate additional right of way for Wornall Road as required by the Department of Public Works so as to provide a total of 40 feet of right of way as measured from the centerline of Wornall Road.

8. That the developer widen the south side of 79th Street to provide 30 feet of pavement from the centerline of the existing 79th Street right of way to the south edge of the pavement as required by the Department of Public Works, including construction of curb, gutter and sidewalks, installation of streetlights, relocation and/or replacement of the existing traffic signal pole, and relocation of the signal controller box at the southwest corner of 79th Street and Wornall Road.

9. That the developer improve the west half of Wornall Road to primary arterial street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

10. That the developer comply with the Kansas City Downtown Airport Height Zoning restrictions and that such restrictions be included on the final plat.

11. That the developer provide cross access easements for each final plat 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 (including landscaping the entire west side of the site at the time Phase I is developed), grading, lighting and signage (including elevations). The landscaping plan shall identify adequate area for planting of trees and shrubs within the parking lot.

A copy of said amendment is on file in the office of the City Clerk under Document No. 980986, 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