COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040703

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0563, rezoning an area of approximately 4.77 acres generally located on the east side of Main Street between 44th Street and 45th Street from District C-3a2-p to District URD, and approving a development plan for the same. (8670-URD-8)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0563, rezoning an area of approximately 4.77 acres generally located on the east side of Main Street between 44th Street and 45th Street from District C-3a2-p (Intermediate Business, High Buildings - Limited District) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0563. That an area legally described as:

All of Lot 1, MAIN PLAZA - FIRST PLAT, recorded in Plat Book K-35 at Page 109 and all that part of a tract of land described in the Special Warranty Deed, filed as Document No.98K-54200 in Book K-3290 at Page 567 which includes all of Lots 1 through 10 inclusive, Main Street Addition, together with all of Lots 24, 25 and Lots 35 through 40 inclusive, West Estate (sometimes referred to as West Estates Subdivision), also all that part of Lots 41 and 42 of said West Estate which are not included in said Main Plaza - First Plat, each being a subdivision of land in the Northwest Quarter of Section 29, Township 49, Range 33, in Kansas City, Jackson County, Missouri, all being more particularly described as follows:

Beginning at the northeast corner of Lot 35, of said West Estate, said point being the intersection of the southerly right-of-way line of 44th Street with the westerly right-of-way line of Walnut Street, as said Streets are now both established; thence South 02 degrees 32 minutes 10 seconds West, Measured (South 02 degrees 36 minutes 31 seconds West, Deed and Plat) along the westerly right-of-way line of said Walnut Street, being also along the easterly line of Lots 35 through 40 inclusive of said West Estate, and along a portion of the easterly line of Lot 1, of said Main Plaza - First Plat, a distance of 379.88 feet, Deed and Measured (379.91 feet, Plat) to a jog in the easterly line of said Lot 1; thence South 87 degrees 24 minutes 18 seconds East along a jog in the easterly line of said Lot 1, a distance of 2.89 feet; thence South 02 degrees 35 minutes 42 seconds West along the easterly line of said Lot 1, a distance of 384.29 feet to the southeast corner of said Lot 1, being also a pont on the northerly right-of-way line of 45th Street, as now established; thence southwesterly and westerly, along the northerly right-of-way line of said 45th Street, being also along the southerly line of said Lot 1, along a curve to the right having an initial tangent bearing of South 75 degrees 58 minutes 15 seconds West, a radius of 908.80 feet and

a central angle of 15 degrees 01 minute 17 seconds, an arc length of 238.26 feet to a point of compound curve; thence westerly, northwesterly and northerly along said northerly right-of-way line, being also along the southerly line of said Lot 1, along a curve to the right, tangent to the last described curve, having a radius of 15.00 feet and a central angle of 91 degrees 36 minutes 10 seconds, an arc length of 23.98 feet to a point on the easterly right-of-way line of Main Street, as now established; thence North 02 degrees 35 minutes 42 seconds East, tangent to the last described curve, along said easterly right-of-way line and along the westerly line of said Lot 1, a distance of 406.93 feet to the most westerly northwest corner of said Lot 1, being also a point on the southerly line of Lot 10 of said Main Street Addition; thence North 87 degrees 24 minutes 18 seconds West along the southerly line of said Lot 10, being also along a jog in the easterly right-of-way line of said Main Street, a distance of 10.00 feet to the southwest corner of said Lot 10; thence North 02 degrees 28 minutes 52 seconds East, Measured (North 02 degrees 35 minutes 42 seconds East, Deed) along the easterly right-of-way line of said Main Street, being also along the westerly line of Lots 10 through 1, inclusive of said Main Street Addition and along the westerly line of Lots 25 and 24 of said West Estate, a distance of 379.45 feet, Measured (380.13 feet, Deed), to the northwest corner of said Lot 24, being also the point of intersection of said easterly right-of-way line with the southerly right-of-way line of said 44th Street; thence South 87 degrees 29 minutes 57 seconds East, Measured (South 87 degrees 20 minutes 48 seconds East, Deed), along said southerly right-of-way line, being also along the northerly line of Lots 24 and 35 of said West Estate, a distance of 257.48 feet, Measured (257.20 feet, Deed) to the point of beginning. Containing 199,938 square feet or 4.590 acres, more or less.

is hereby rezoned from District C-3a2-p (Intermediate Business, High Buildings - Limited District) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0563, 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 development 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 Engineers Office for approval and that the developer construct 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 Engineer's 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 install storm sewers as required by the Department of Public Works.

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

8. That the developer install, loop, remove and/or relocate water mains and fire hydrants as required by the Water Services Department.

9. That the developer enter into an agreement at the time of the final plat that additional right of way will be dedicated on the east side of Main Street as required by the Department of Public Works so as to provide a total of 50 feet of right of way as measured from the centerline of Main Street without charge to the City at such time that Main Street is to be widened on the east side of Main Street beyond the width called for by this Plan.

10. That the developer dedicate additional right of way on the south side of 44th Street as required by the Department of Public Works so as to provide a total of 28 feet of right of way as measured from the centerline of 44th Street.

11. That the developer improve 44th Street to a 36 foot pavement width between Main Street and Walnut Street as required by the Department of Public Works.

12. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute a maximum amount of $60,000.00 for the installation of a traffic signal at 44th Street and Main Street.

13. That the developer continue to provide for interim landscaping for Phase III until such time that construction begins for Phase III.

14. That the developer provide a hard wired connection between the traffic signals located at 43rd Street and Main Street, 44th Street and Main Street, and 45th Street and Main Street at such time as Phase III is platted as required by the Department of Public Works.

15. That the developer submit a final plan to the City Plan Commission for approval including plans for landscaping, grading and lighting, with the applicant providing a photometric study showing no more than zero footcandles at the property line, prior to the issuance of any building permit.

A copy of said development plan is on file in the office of the City Clerk under Document No. 040703, 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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M. Margaret Sheahan Moran

Assistant City Attorney