COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 990061

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0190, rezoning an area of approximately 33.41 acres generally located at the northwest corner of Bannister Road and Holmes Road from Districts R-1a (One-Family Dwellings), C-2 (Local Retail Business), M-1 (Light Industry), and M-P (Planned Industrial) to District URD (Urban Redevelopment District), and approving a development plan for the same. (12251-URD)

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 80-11A0190, rezoning an area of approximately 33.41 acres generally located at the northwest corner of Bannister Road and Holmes Road from Districts R-1a (One-Family Dwellings), C-2 (Local Retail Business), M-1 (Light Industry), and M-P (Planned Industrial) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0190. That an area legally described as:

Part of the Northeast 1/4 of Section 29, Township 48 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri, lying generally northerly of Bannister Road (Missouri State Route W) and westerly of Holmes Road, (said tract of land being a combination of the following three tracts of land: (1) General Warranty Deed recorded March 24, 1998, as Document No. K-13333, in Book K-3162, at page 1662, (2) Corporation Special Warranty Deed recorded December 27, 1996, as Document No. K-59075, in Book K-2942, at page 703 and (3) Tract V of Missouri Corporation Warranty Deed recorded July 7, 1995, in Book I-2710, at page 987); all being described as follows: Beginning at the northwest corner of the Southwest 1/4 of said Northeast 1/4; thence South 8657'17" East (all bearings herein are referenced to the Missouri State Plane Coordinate System of 1983, West Zone) on the north line of said Southwest 1/4, 25.00 feet to the east right of way line of Oak Street; thence North 216'11" East on said east right of way line, 25.00 feet to a point on a line that is 25.00 feet north of and parallel to the south line of the Northwest 1/4 of the Northeast 1/4 of said Section 29; thence South 8657'17" East, on said parallel line, 130.01 feet to a point on a line that 155.00 feet east of and parallel with the west line of the Northwest 1/4 of said Northeast 1/4, as measured at right angles thereto; thence North 216'11" East on said parallel line 139.34 feet to the south line of Lot 8, Cherry Hills, a subdivision of land in said city, county and state; thence South 8701'44" East on the south line of Lots 8, 7, 6, 5, 4, 3, 2 and 1, of said Cherry Hills, 502.93 feet to the southeast corner of said Lot 1; thence South 214'42" West, 165.00 feet to the north line of the Southwest 1/4 of said Northeast 1/4; thence South 8657'17" East on said north line, 360.14 feet to a point on the westerly line of the tract of land described in Missouri Warranty Deed filed as Document No. B-395505, in Book B-5453, at page 415; thence South 211'16"

West on said westerly line, 200.00 feet, measured (200.00 feet deed) to the southwest corner of said tract of land; thence South 8657'17" East on the south line of said tract of land, 270.00 feet to the westerly right of way line of said Holmes Road; thence South 211'16" West on said westerly right of way line, 531.34 feet measured (631.34 feet deed); thence North 8748'44" West on said westerly right of way line, 10.00 feet measured (10.00 feet deed); thence South 211'16" West on said westerly right of way line, 478.78 feet measured (478.78 feet deed) to the northerly right of way line of said Bannister Road; thence South 5052'39" West on said northerly right of way line, 91.71 feet measured (91.71 feet deed); thence North 8649'53" West on said northerly right of way line, 392.78 feet measured (392.78 feet deed); thence North 3649'53" West on said northerly right of way line, 52.22 feet measured (52.22 feet deed); thence North 8649'53" West on said northerly right of way line, 47.65 feet measured (47.65 feet deed) to a point on the northeasterly line of Block 1, Bannister Business Park, a subdivision of land in said city, county and state; thence North 3649'53" West on said northeasterly line, 22.42 feet measured (22.42 feet plat and deed) to a point of curvature; thence northwesterly on said northeasterly line on a curve to the left having a radius of 290.95 feet (said curve being tangent to the last described course with a delta of 2521'54", chord bearing of North 4930'50" West and chord distance of 127.76 feet) an arc distance of 128.80 feet measured (128.80 feet plat and deed) to a point of tangency; thence North 6211'47" West on said northeasterly line, 450.20 feet measured (450.20 feet plat); thence North 6544'57" West on said northeasterly line, 165.54 feet measured (165.54 feet plat and deed) to a point of curvature; thence westerly on said northeasterly line on a curve to the left having a radius of 90.00 feet (said curve being tangent to the last described course with a delta of 4038'30", chord bearing of North 8604'12" West and chord distance of 62.51 feet) an arc distance of 63.83 feet measured (63.25 feet plat, 63.83 feet deed) to the west line of the Northeast 1/4 of said Section 29; thence North 212'35" East on said west line, 886.51 feet to the point of beginning. (Tract contains 33.908 acres)

TOGETHER WITH Beginning at the southwest corner of a tract of land described in Missouri Warranty Deed filed as Document No. B-395505, in Book B-5453, at page 415; thence South 8657'17" East, 270.00 feet to a point on the west line of Holmes Road, as now established; thence north along said west line, 80.00 feet; thence North 8657'17" West, 270.00 feet to a point on the west line of said tract; thence South 211'16" West along the west line of said tract, 80.00 feet to the point of beginning. Containing 21,600 square feet.

EXCEPT Beginning at the southwest corner of a tract of land described in Missouri Warranty Deed filed as Document No. B-395505, in Book B-5453, at page 415; thence North 211'16" East along the west line of said tract, 80.00 feet to the true point of beginning; thence continuing along said west line, North 211'16" East, 120.00 feet to a point on the north line of the Southwest 1/4 of the Northeast 1/4 of Section 29, Township 48 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri; thence North 8657'17" West along said north line, 360.14 feet; thence South 211'16" West, 120.00 feet; thence South 8657'17" East, 360.14 feet to the true point of beginning. Containing 43,216.8 square feet.

is hereby rezoned from Districts R-1a (One-Family Dwellings), C-2 (Local Retail Business), M-1 (Light Industry), and M-P (Planned Industrial) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0190, 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 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 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 secure a land disturbance permit from the Missouri Department of Natural Resources.

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

8. That the developer dedicate additional right of way for Holmes Road as required by the Department of Public Works so as to provide a maximum of 58 feet of right of way as measured from the centerline of Holmes Road.

9. That the developer improve the west half of Holmes Road to secondary 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 construct a center turn lane on Holmes Road from the Bannister Road intersection to the north property line, including a raised median south of the most southern driveway as shown on the development plan, as required by the Department of Public Works.

11. That the developer enter into a deferral agreement with the City as required by the Department of Public Works whereby the developer agrees to modify the south Holmes Road driveway to a right in-right out operation at such time that the construction of new commercial space for the development exceeds 100,000 square feet (excluding the printing company expansion).

12. That the developer construct an additional westbound left turn lane on Bannister Road at the Holmes Road intersection as required by the Department of Public Works.

13. That the developer dedicate additional right of way on the north side of Bannister Road, west of Holmes Road, as required by the Department of Public Works so as to provide a maximum of 60 feet of right of way as measured from the centerline of Bannister Road.

14. That the developer improve the north side of Bannister Road, west of Holmes Road, to primary arterial street standards as required by the Department of Public Works to accommodate the required westbound turn lane east of Holmes Road, including construction of curb, gutter and sidewalks and installation of streetlights.

15. That the developer dedicate additional right of way for Oak Street from the north property line as shown on the development plan to the easterly extension of the south line of Lot 29, Block 24, Moores Southland Addition, as required by the Department of Public Works so as to provide a total of 25 feet of right of way as measured from the centerline of Oak Street.

16. That the developer enter into a Cooperative Agreement with the City as required by the Department of Public Works whereby the developer agrees to install a traffic signal on Holmes Road at the developments most northerly drive at such time as it is deemed necessary by the Department of Public Works.

17. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include: development plan information, property uses, setback distances, lighting, grading, landscaping, signage, and architectural characteristics.

A copy of said development plan is on file in the office of the City Clerk under Document No. 990061, 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