ORDINANCE NO. 010517

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0362, rezoning an area of approximately 1.58 acres generally located at the southwest corner of N. Oak Trafficway and N.E. 79th Terrace from District R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited District), and approving a preliminary plan for the same. (12234-P-1)

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 80-11A0362, rezoning an area of approximately 1.58 acres generally located at the southwest corner of N. Oak Trafficway and N.E. 79th Terrace from District R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited District), said section to read as follows:

Section 80-11A0362. That an area legally described as:

A tract of land in the Northwest Quarter of Section 14, Township 51, Range 33 in the City of Kansas City, Jackson County, Missouri: Commencing at the northeast corner of the Northwest Quarter of Section 14, Township 51, Range 33; thence South 00E22'34" West, a distance of 410.54 feet to a point; thence North 89E37'26" East to a point, said point being at the intersection of the south right of way line of 79th Street Terrace and the west right of way line of N. Oak Trafficway, as now established, said point also being the point of beginning of the tract to be herein described; thence South 00E22'34" West, along the west right of way line of N. Oak Trafficway, a distance of 288.49 feet to a point; thence North 89E22'35" West, a distance of 220.60 feet to a point; thence North 00E22'34" East, a distance of 320.95 feet to a point; said point being on the south right of way line of 79th Street Terrace, as now established; thence South 89E15'06" East, along said south right of way line, a distance of 40.60 feet to a point; thence South 83E28'12" East, continuing along said south right of way line, a distance of 1.99 feet to a point of curvature; thence continuing along said south right of way line, and along a curve to the right having a radius of 495.00 feet, a central angle of 16E51'53", a chord bearing of South 80E49'10" East, and a length of 145.70 feet to a point; thence South 72E23'13" East, continuing along said south right of way line, a distance of 36.17 feet to a point, said point being the point of beginning, and containing 1.5791 acres, more or less.

is hereby rezoned from District R-1a (One-Family Dwellings) to District C-2-p (Local Retail Business - Limited District), all as shown outlined on a map marked Section 80-11A0362, 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 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 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 provide for fire protection as required by the Fire Department.

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

8. That the developer dedicate additional right of way for N.E. 79th Terrace 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.E. 79th Terrace.

9. That the developer improve one-half of N.E. 79th Terrace to collector street standards as required by the Department of Public Works, including construction of curbs, gutters and sidewalks and installation of streetlights.

10. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, grading and signage prior to the issuance of a building permit.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 010517, 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