COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 001702

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0335, rezoning an area of approximately 7 acres generally located approximately 500 feet southwest of N.E. Staley Road and 2,150 feet east of N. Woodland Avenue from District C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail Business), and approving a development plan for the same. (11660-PD-5)

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 80-11A0335, rezoning an area of approximately 7 acres generally located approximately 500 feet southwest of N.E. Staley Road and 2,150 feet east of N. Woodland Avenue from District C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail Business), said section to read as follows:

Section 80-11A0335. That an area legally described as:

All that part of the Southeast Quarter of Section 25 and the Northeast Quarter of Section 36, all in Township 52, Range 33, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Northeast Quarter of said Section 36; thence North 8923'36" West, along the North line of said Section 36, 759.72 feet to the True Point of Beginning of the tract to be herein described; thence North 0903'13" East, 477.13 feet; thence North 7953'39" East, 324.05 feet; thence South 8124'17" East, 128.52 feet; thence Southerly, along a curve to the left, having an initial tangent bearing of South 0835'43" West, a radius of 220.00 feet, an arc distance of 96.85 feet; thence South 1637'38" East, 80.79 feet; thence South 7322'22" West, 33.36 feet; thence Southwesterly, along a curve to the left, tangent to the last described course, having a radius of 200.00 feet, an arc distance of 275.04 feet; thence South 0525'10" East, 193.38 feet; thence Southerly, along a curve to the right, tangent to the last described course, having a radius of 300.00 feet, an arc distance of 239.39 feet; thence South 4018'00" West, 67.02 feet; thence Westerly, along a curve to the left, having an initial tangent bearing of North 4942'00" West, a radius of 1000.00 feet, an arc distance of 364.91 feet; thence North 1923'31" East, 30.00 feet; thence North 0903'13" East, 143.36 feet to the True Point of Beginning. Containing 7.13 acres, more or less.

is hereby rezoned from District C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail Business), all as shown outlined on a map marked Section 80-11A0335, 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 be platted and processed in accordance with Chapter 66, Code of Ordinances 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 and that the developer make any necessary improvements as required by the City Engineers Office.

3. 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.

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

5. That the developer submit a street tree planting plan as part of the final plat with a copy to be submitted to the Department of City Development, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

6. That the developer secure the approval of the Board of Zoning Adjustment for any proposed neighborhood identification signs prior to the issuance of any sign permits.

7. That the developer construct sidewalks along all non-single family residential lots and tracts as required by the Department of Public Works prior to the recording of the plat.

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

9. That the developer obtain a floodplain certificate from the Department of Codes Administration prior to beginning any construction activities within the floodplain.

10. That the developer show the limits of the floodplain on the final plat as required by the Department of Public Works.

11. That the developer submit a street name signage plan for the entire development plan area to the Street Naming Committee for approval prior to submittal of the first final plat.

12. That the developer construct temporary cul-de-sacs as required by the Department of Public Works.

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

A copy of said development plan is on file in the office of the City Clerk under Document No. 001702, 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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Assistant City Attorney