ORDINANCE NO. 980725

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0153, rezoning an area of approximately 2.1 acres generally located on the north side of 103rd Street, approximately 2,000 feet east of State Line Road, from Districts CP-2 (Local Planned Business Center) and C-2-p (Local Retail Business - Limited District) to District C-2-p (Local Retail Business - Limited District), and approving a preliminary plan for the same. (8319-P-8)

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 80-11A0153, rezoning an area of approximately 2.1 acres generally located on the north side of 103rd Street, approximately 2,000 feet east of State Line Road, from Districts CP-2 (Local Planned Business Center) and C-2-p (Local Retail Business - Limited District) to District C-2-p (Local Retail Business - Limited District), said section to read as follows:

Section 80-11A0153. That an area legally described as:

Beginning in the south line of the northeast quarter of Section 31, Township 48, Range 33, at a point 813 feet west of the southeast corner of said northeast quarter; thence west along the south line of said northeast quarter, 709.5 feet; thence north parallel to the east line of said northeast quarter to Indian Creek; thence easterly along the south line of Indian Creek to a point due north of point of beginning, thence south to place of beginning all in Kansas City, Jackson County, Missouri, except the east 90 feet thereof and that part in street right of way.

is hereby rezoned from Districts CP-2 (Local Planned Business Center) and C-2-p (Local Retail Business - Limited District) to District C-2-p (Local Retail Business - Limited District), all as shown outlined on a map marked Section 80-11A0153, 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 dedicate additional right of way for 103rd Street as required by the Department of Public Works so as to provide 40 feet of right of way as measured from the centerline of 103rd Street.

5. That the developer improve the north half of 103rd Street to collector street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

6. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

7. That the developer relocate and extend water mains as required by the Water Services Department.

8. That the developer show cross-access easements at the east property line and the limits of the 100 year floodplain with the final plat.

9. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on 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. 980725, 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