COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030555

Amending Section B of Ordinance No. 000155 by deleting Condition No. 5 in connection with the rezoning from District R-1aa (One-Family Dwellings) to District O (Office District) and approving a preliminary plan for an area of approximately 5.45 acres generally located on the north side of N.E. 96th Street, approximately 1.3 miles east of I-435. (12359-P-4)

WHEREAS, on January 4, 2000, the Council approved the preliminary rezoning from District R-1aa (One-Family Dwellings) to District O (Office District) and approving a preliminary plan for an area of approximately 5.45 acres generally located on the north side of N.E. 96th Street (12359-P-4) by Ordinance No. 000155, that included a certain condition that required the developer to improve N.E. 96th Street to arterial street standards as required by the Department of Public Works, including construction of curbs, gutters and sidewalks and installation of streetlights; and

WHEREAS, the Public Works Department, the City Development Department and the developer have determined that it is appropriate and in the best interest of the City to repeal Condition No. 5 originally specified in Ordinance No. 000155 for the preliminary plat so that the developer will pay the impact fee rather than make the improvement; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance No. 000155 is hereby amended by repealing Section B and enacting in lieu thereof a new Section B that deletes Condition No. 5, to read as follows:

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 for the entire development to the City Engineers Office for approval at the time the first plat is submitted and that the developer make any necessary 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 dedicate additional right of way for N.E. 96th Street as required by the Department of Public Works so as to provide 50 feet of right of way as measured from the centerline of N.E. 96th

Street.

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

6. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

7. 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.

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

9. That the developer submit a final plan to the City Plan Commission for approval, including plans for pedestrian pathways, landscaping, grading, screening, berming, signage and building materials.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 030555, which is attached hereto and made a part hereof.

Section 2. 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