SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 990158

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0196, rezoning an area of approximately 16.51 acres generally located at the southeast corner of N.E. 108th Street and N. Eastern Avenue (proposed) from District R-1aa (One-Family Dwellings) to District CP-2 (Local Planned Business Center), and approving a preliminary plan for the same. (10988-CP-3)

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 80-11A0196, rezoning an area of approximately 16.51 acres generally located at the southeast corner of N.E. 108th Street and N. Eastern Avenue (proposed) from District R-1aa (One-Family Dwellings) to District CP-2 (Local Planned Business Center), said section to read as follows:

Section 80-11A0196. That an area legally described as:

A tract of land in the Southeast Quarter of Section 28 and the Southwest Quarter of Section 27, Township 52, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the northwest corner of said Southwest Quarter; thence South 8930'27" East, along the north line of said Southwest Quarter, 681.89 feet; thence South 029'33" West, 321.37 feet; thence South 4112'31" East, 67.37 feet; thence South 1016'20" East, 116.67 feet; thence South 011'22" West, 150.01 feet; thence South 0102'25" East, 72.01 feet; thence South 1417'34" East, 96.77 feet; thence South 2811'20" East, 96.77 feet; thence South 3637'55" East, 72.16 feet; thence South 5322'05" West, 74.05 feet; thence South 4236'44" West, 141.95 feet; thence North 5248'42" West, 248.58 feet; thence northwesterly, on a curve to the left, tangent to the last described course, having a radius of 470.00 feet, an arc distance of 224.86 feet; thence North 8013'26" West, 93.16 feet; thence northwesterly on a curve to the right, tangent to the last described course, having a radius of 790.00 feet, an arc distance of 237.37 feet; thence North 6300'31" West, 198.05 feet; thence North 2659'29" East, 207.28 feet; thence northerly, on a curve to the left, tangent to the last described course, having a radius of 900.00 feet, an arc distance of 417.43 feet; thence North 025'02" East, 94.43 feet to the point of beginning. Containing 16.51 acres, more or less.

is hereby rezoned from District R-1aa (One-Family Dwellings) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80-11A0196, 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 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 when the first final 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 right of way for N. Eastern Avenue as required by the Department of Public Works so as to provide 40 feet of right of way as measured from the centerline of N. Eastern Avenue.

5. That the developer improve the east half of N. Eastern Avenue to secondary arterial street standards as required by the Department of Public Works.

6. That the developer dedicate additional right of way for N.E. 108th 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 N.E. 108th Street.

7. That the developer improve N.E. 108th Street to primary arterial street standards as required by the Department of Public Works.

8. That the developer dedicate a minimum of 60 foot of right of way for and construct to collector street standards the east-west street along the southern boundary of this development as required by the Department of Public Works.

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

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

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

12. That the developer extend and construct sanitary sewers as required by the Department of Public Works.

13. That the developer construct the intersection of N.E. 108th Street and N. Eastern Avenue as required by the Department of Public Works so as to provide a 450 foot long eastbound right turn lane and a 650 foot long westbound left turn lane on N.E. 108th Street and a 550 foot long northbound left turn lane and a 175 foot long northbound right turn lane on N. Eastern Avenue.

14. That the developer enter into a Cooperative Agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute an amount not to exceed one-half of the cost of the installation of a traffic signal at the intersection of N.E. 108th Street and N. Eastern Avenue at such time as the Department of Public Works determines it is necessary.

15. That the developer enter into a Cooperative Agreement with the City as required by the Department of Public Works whereby the developer agrees to contribute $50,000.00 for the off-site improvement of N.E. 108th Street provided that this development occurs prior to the adjoining multi-family development to the west or prior to the adjoining single-family development to the east. The contribution shall be made at such time as the Department of Public Works notifies the developer that it has City matching funds for the off-site improvement of N.E. 108th Street.

16. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, screening, grading, berming and signage.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 990158, 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