ORDINANCE NO. 980313

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0137, rezoning an area of approximately 8.84 acres generally located at the southeast corner of E. 41st Terrace and Blue Ridge Cutoff from Districts C-2-p (Local Retail Business - Limited District) and R-1a (One-Family Dwellings) to District CP-2 (Local Planned Business Center), and approving a preliminary plan for the same. (9924-CP-2)

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 80-11A0137, rezoning an area of approximately 8.84 acres generally located at the southeast corner of E. 41st Terrace and Blue Ridge Cutoff from Districts C-2-p (Local Retail Business - Limited District) and R-1a (One-Family Dwellings) to District CP-2 (Local Planned Business Center), said section to read as follows:

Section 80-11A0137. That an area legally described as:

Lots 23-31, Urban Acres, a subdivision in Kansas City, Jackson County, Missouri.

is hereby rezoned from Districts C-2-p (Local Retail Business - Limited District) and R-1a (One-Family Dwellings) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80-11A0137, 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 Blue Ridge Cutoff as required by the Department of Public Works so as to provide 50 feet of right of way as measured from the centerline of Blue Ridge Cutoff.

5. That the developer improve the east half of Blue Ridge Cutoff to primary arterial street standards as required by the Department of Public Works, including construction of sidewalks.

6. That the developer provide cross-access easements with the final plat which provide access to Tracts 3 and 4 and the adjacent property to the south, as shown on the preliminary plan.

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

8. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

9. That the developer improve the existing driveway at the east end of 41st Terrace as required by the Department of Public Works.

10. That the developer construct sidewalks on the south side of 41st Terrace and on one side of each of the east-west interior access drives as required by the Department of Public Works.

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

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

13. That the developer petition for the vacation of all existing interior rights of way and easements for road purposes as required by the Department of Public Works.

14. That the developer receive the approval of the Board of Zoning Adjustment for a variance to the requirement for a permanent screen as required by Section 80-112(b)(2).

15. That the developer submit a final plan for each phase to the City Plan Commission for approval, including detailed information on landscaping, grading, 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. 980313, 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