COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040053

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0543, rezoning an area of approximately 3.77 acres generally located in the southeast corner of the intersection of Emery Street and Highway 40 from Districts C-2 (Local Retail Business) and C-3a1 (Intermediate Business - Low Buildings) to District PD/C-2/C-3a1 (Planned District/Local Retail Business/Intermediate Business - Low Buildings), and approving a development plan for the same. (8694-PD-9)

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 80-11A0543, rezoning an area of approximately 3.77 acres generally located in the southeast corner of the intersection of Emery Street and U.S. Highway 40 from Districts C-2 (Local Retail Business) and C-3a1 (Intermediate Business - Low Buildings) to District PD/C-2/C-3a1 (Planned District/Local Retail Business/Intermediate Business - Low Buildings), said section to read as follows:

Section 80-11A0543. That an area legally described as:

Lots 1, 2 and 3, Sni A Bar Addition, and Lots 1 and 2, Hudson Acres, subdivisions in Kansas City, Jackson County, Missouri, according to the recorded plats thereof.

is hereby rezoned from Districts C-2 (Local Retail Business) and C-3a1 (Intermediate Business - Low Buildings) to District PD/C-2/C-3a1 (Planned District/Local Retail Business/Intermediate Business - Low Buildings), all as shown outlined on a map marked Section 80-11A0543, 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 replatted 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, to incorporate the area of the proposed detention tract, additional right-of-way, and access easement.

2. That the developer submit a detailed macro storm drainage study prior to approval of the plat to the City Engineers Office and that the developer construct any improvements as required by the City Engineers Office.

3. That the developer dedicate additional right of way for Emery Avenue as required by the Department of Public Works so as to provide a minimum of 30 feet of right of

way from the centerline of 40 Highway to the southerly boundary.

4. That the developer improve the eastern one-half of Emery Avenue to collector street standards as required by the Department of Public Works, including curbs, gutters, storm sewers, sidewalks and streetlights, adjustment of existing roadway transition sections to meet vertical and horizontal alignment standards, and relocation of utilities.

5. That the developer secure a permit to construct a sidewalk along the east side of Emery Avenue, prior to approval of the final plat, as required by the Department of Public Works.

6. That the developer obtain the grading consents, and all grading, temporary construction and drainage easements from the abutting property owners prior to submitting any public improvements.

7. That the developer subordinate to the City all private interest in the area of any right of way dedication as required by the Department of Public Works and that the developer shall be responsible for all subordination activities.

8. That the developer integrate all relocated streetlights into the existing street light system as required by the City Engineers Office and the Missouri Department of Transportation along State frontage.

9. 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.

10. That the developer secure a land disturbance permit from the Public Works Department prior to beginning any construction, grading, clearing, and grubbing activities, if the disturbed area exceeds one acre.

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

12. That the developer submit a final plan to the City Plan Commission for approval including detailed information on landscaping, grading, signage (including elevations), building elevations, and light, including a photometric study.

A copy of said revised development plan is on file in the office of the City Clerk under Document No. 040053, 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