ORDINANCE NO. 020193

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0404, rezoning an area of approximately 1.8 acres generally located on the north side of N.W. 72nd Street, approximately 150 feet west of N. Broadway Avenue and immediately west of the Gladstone corporate limits, from District CP-3 (Regional Planned Business Center) to District CP-1 (Neighborhood Planned Business Center), and approving a preliminary plan for the same. (8483-CP-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 80-11A0404, rezoning an area of approximately 1.8 acres generally located on the north side of N.W. 72nd Street, approximately 150 feet west of N. Broadway Avenue and immediately west of the Gladstone corporate limits from District CP-3 (Regional Planned Business Center) to District CP-1 (Neighborhood Planned Business Center), said section to read as follows:

Section 80-11A0404. That an area legally described as:

A tract of land located in the Southeast Quarter of Section 15, Township 51 North, Range 33 West, Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter; thence North 89E32'53" West along the south line of said Southeast Quarter and the centerline of N.W. 72nd Street, as now established, a distance of 180.00 feet; thence North 00E17'03" East, a distance of 25.00 feet to the north right of way line of said N.W. 72nd Street and the point of beginning of the tract of land to be described; thence North 89E32'53" West along said north right of way line, a distance of 144.98 feet; thence North 00E19'39" East continuing along said north right of way line, a distance of 10.00 feet; thence North 89E32'53" West continuing along said north right of way line, a distance of 74.98 feet; thence North 00E17'03" East parallel to the east line of said Southeast Quarter, a distance of 290.40 feet; thence South 89E32'53" East, a distance of 23.69 feet; thence North 00E17'03" East parallel to the east line of said Southeast Quarter, a distance of 82.06 feet to the south line of Willow Creek, according to the recorded plat thereof; thence South 81E25'23" East along said south line, a distance of 198.00 feet to the west line of the Gladstone corporate boundary; thence South 00E17'03" West along aid west line, a distance of 354.47 feet to the point of beginning. Contains 78,563 square feet or 1.80 acres, more or less.

is hereby rezoned from District CP-3 (Regional Planned Business Center) to District CP-1 (Neighborhood Planned Business Center), all as shown outlined on a map marked Section 80-11A0404, 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 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 the commencement of any construction activities.

4. 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.

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

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 extend and relocate sanitary sewers as required by the Department of Public Works.

8. That the developer extend and relocate water mains and provide easements as required by the Water Services Department.

9. That the developer dedicate additional right of way for N.W. 72nd Street as required by the Department of Public Works so as to provide a total of 30 feet of right of way as measured from the centerline of N.W. 72nd Street.

10. That the developer construct the north side of N.W. 72nd Street to collector street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

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

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 020193, 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