ORDINANCE NO. 991005

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0226, rezoning an area of approximately 7 acres generally located at the northwest corner of Missouri Highway 152 and N. Brighton Avenue from District RA (Agricultural) to District C-2-p (Local Retail Business - Limited District) and approving a preliminary plan for the same. (12315-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 80-11A0226, rezoning an area of approximately 7 acres generally located at the northwest corner of Missouri Highway 152 and N. Brighton Avenue from District RA (Agricultural) to District C-2-p (Local Retail Business - Limited District), said section to read as follows:

Section 80-11A0226. That an area legally described as:

All that part of the Southwest Quarter of Section 8, Township 51, Range 32, Kansas City, Clay County, Missouri, being described as follows: Commencing at the northeast corner of said Southwest Quarter; thence South 030'55" West, along the east line of said Southwest Quarter, 361.51 feet; thence North 8901'49" West, 46.92 feet to a point on the westerly line of N. Brighton Avenue, as now established; said point being also the true point of beginning of the tract to be herein described; thence South 029'47" West, along said westerly right of way line, 280.54 feet; thence South 4243'34" West, along said westerly right of way line, 87.78 feet to its intersection with the northerly right of way line of Missouri Highway Route 152, as now established; thence South 8537'05" West, along said northerly right of way line, 245.40 feet; thence South 6608'11" West, along said northerly right of way line, 472.13 feet; thence North 058'11" East, 567.19 feet; thence South 8901'49" East, 728.94 feet to the true point of beginning. Containing 7.02 acres, more or less.

is hereby rezoned from District RA (Agricultural) to District C-2-p (Local Retail Business - Limited District), all as shown outlined on a map marked Section 80-11A0226, 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 to the City Engineers Office for approval and that the developer make any 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 install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

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

7. That the developer secure approval from the Missouri Department of Transportation prior to working in any State right of way.

8. That the developer dedicate additional right of way for N. Brighton Avenue as required by the Department of Public Works so as to provide 50 feet of right of way as measured from the centerline of N. Brighton Avenue.

9. That the developer improve the west half of N. Brighton Avenue 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 secure a land disturbance permit from the Department of Public Works.

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

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

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

14. That the developer submit a final plan to the City Plan Commission for approval, including plans for building materials and elevation, signage, grading and landscaping.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 991005, 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