ORDINANCE NO. 040591

Approving an amendment to a previously approved preliminary plan in District CP-2 (Local Planned Business Center) on approximately a 23 acre tract of land generally located in the southwest corner of the intersection of N. Oak Trafficway and N.E. Englewood Road. (9675-CP-17)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District CP-2 (Local Planned Business Center) on approximately a 23 acre tract of land generally located in the southwest corner of the intersection of N. Oak Trafficway and N.E. Englewood Road, and more specifically described as follows:

This is a survey and lot split of Tract 1, Creekwood Oaks Third Plat, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, being more particularly described as follows:

Tract 1-A is that real property legally described as follows: All that part of Tract 1, Creekwood Oaks Third Plat, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, being more particularly described as follows: Beginning at the northwest corner of said Tract 1; thence South 89E28'42" East along the north line of said Tract 1, 537.62 feet; thence South 0E33'45" West, 190.90 feet; thence South 89E26'15" East, perpendicular to the last described course, a distance of 239.25 feet; thence North 0E33'45" East, perpendicular to the last described course, a distance of 144.40 feet to a point on the southwesterly right of way line of N.E. Englewood Road; thence South 71E52'29" East along said southwesterly line and along the northeasterly line of said Tract 1, a distance of 11 feet to an angle point therein; thence South 89E28'42" East along the southerly right of way line of said N.E. Englewood Road and along the north line of said Tract 1, distance of 356.81 feet; thence South 0E31'46" East along the east line of said Tract 1, a distance of 80 feet; thence South 89E28'43" East along the north line of said Tract 1, a distance of 115 feet to a point on the west right of way line of N. Oak Street Trafficway, as now established; thence the following courses and distances along the east line of said Tract 1: thence South 0E31'47" West, 97.78 feet; thence North 89E27'56" West, 50 feet; thence South 48E36'50" West, 212.54 feet; thence South 0E31'46" West, 197.85 feet; thence South 89E26'15" East, 208.16 feet; thence South 0E31'47" West, 60 feet; thence North 89E28'13" West, 208.16 feet; thence South 0E31'47" West, 279.77 feet; thence South 89E26'14" East, 208.16 feet to a point on the west right of way line of said N. Oak Street Trafficway; thence South 0E31'47" West along said west right of way line and along the east line of said Tract 1, 45 feet to the southeast corner thereof; thence North 89E26'14" West along the southerly line of said Tract 1, 544.57 feet to an angle point therein; thence North 68E58'30" West along said southerly line, 71.51 feet; thence North 89E26'14" West along said southerly line, 95.00 feet to a jog in said southerly line; thence North 0E31'47" East along said jog, 4.59 feet; thence

North 71E13'17" West along said southerly line, 175.85 feet; thence North 89E28'13" West along said southerly line, 385.00 feet to the southwest corner of said Tract 1, being also a point on the west line of said Quarter Quarter Section; thence North 0E29'28" East along said west line and along the west line of said Tract 1, 867.45 feet to the point of beginning.

Tract 1-B is that real property legally described as follows: All that part of Tract 1, Creekwood Oaks Third Plat, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, being more particularly described as follows: Commencing at the northwest corner of said Tract 1; thence South 89E28'42" East along the north line of said Tract 1, a distance of 537.62 feet to the point of beginning of the parcel of land to be herein described; thence continuing South 89E28'42" East along said north line, 92.13 feet to a point on the northeasterly line of said Tract 1, being also a point on the southwesterly right of way line of N.E. Englewood Road, as now established; thence South 71E52'290" East along said northeasterly line and along said southwesterly right of way line, a distance of 154.31 feet; thence South 0E33'45" West, 144.40 feet; thence North 89E26'15" West, perpendicular to the last described course, a distance of 239.25 feet; thence North 0E33'45" East, perpendicular to the last described course, a distance of 190.90 feet to the point of beginning.

is hereby approved, subject to the following conditions:

1. That the developer submit a detailed micro storm drainage study, consisting at a minimum of a letter from a Missouri Licensed Civil Engineer stating that the proposed improvements will not alter or increase historical runoff conditions for the site, to the City Engineers Office prior to approval and issuance of any building permits, and that the developer construct any improvements as required by the City Engineers Office.

2. That the developer submit new or update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for approval prior to approval of the next plat and make necessary improvements as required by the City Engineers Office.

3. That the developer secure permits to construct or reconstruct existing sidewalks and curb and gutters along the project frontage as required by the Department of Public Works prior to recording of the plat.

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 if the disturbed area exceeds one acre.

6. 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.

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

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

9. That the developer extend and construct sanitary sewers as required by the Department of Public Works.

10. That the requirement of the Citys Major Street Plan that 6 feet additional right of way be dedicated for a bike route along the sites N. Oak Trafficway frontage is hereby waived.

11. That the developer obtain a variance for the amount of required parking from the Board of Zoning Adjustment, if the amount remaining after the addition of the convenience store/gas station is not sufficient.

12. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, grading, signage (including elevations), building elevations for each structure per staff approval, and lighting, including a photometric study.

A copy of said amendment is on file in the office of the City Clerk under Document No. 040591, which is attached hereto and made a part hereof.

Section B. 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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M. Margaret Sheahan Moran

Assistant City Attorney