ORDINANCE NO. 970542

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 80-11A0051, rezoning the underground space of an area of approximately 27 acres generally located north of N.E. 48th Street (extended), approximately one-half mile east of Interstate 435, from District RA (Agricultural) to District US (Underground Space), and approving a plan for the same. (11944-P)

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 80-11A0051, rezoning the underground space of an area of approximately 27 acres generally located north of N.E. 48th Street (extended), approximately one-half mile east of Interstate 435, from District RA (Agricultural) to District US (Underground Space), said section to read as follows:

Section 80-11A0051. That an area legally described as:

All that part of the Southeast Quarter of Section 34, Township 51, Range 32, in Kansas City, Clay County, Missouri, lying below the top of the winterset ledge of limestone rock, being more particularly described as follows: Beginning at the southeast corner of the Southeast 1/4 of said Section 34; thence North 89 14'14" West, along the south line of said 1/4 Section, a distance of 1265.08 feet to a point on the east line of "Randolph Corners, 10th Plat", a subdivision of land in said city, county and state; thence North 0 22'05" East along the east line of said plat and the northerly prolongation thereof, a distance of 918.67 feet; thence South 89 14'14" East; a distance of 1265.33 feet to a point on the east line of the Southeast 1/4 of said Section 34; thence South 0 23'00" West along the east line of said 1/4 Section, a distance of 918.67 feet to the point of beginning. Containing 26.682 acres, more or less.

is hereby rezoned from District RA (Agricultural) to District US (Underground Space), all as shown outlined on a map marked Section 80-11A0051, 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 plan for the underground space of the area legally described above is hereby approved, subject to the following conditions:

1. That the developer file with the City Plan Commission a certificate by a registered professional engineer as to the structural integrity of the mine.

2. That the developer monitor the blasting regularly to assure that no damage is occurring to residential districts and/or residential and commercial structures in any

area above or surrounding the District US.

A copy of said plan is on file in the office of the City Clerk under Document No. 970542, 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