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Legislation #: 061281 Introduction Date: 11/16/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER NASH
Title: Rezoning an area of approximately 2.0 acres generally located at the northwest corner of 39th Street and Prospect Avenue from Districts R-2b and C-2 to District URD. (13676-URD)

Legislation History
DateMinutesDescription
11/15/2006 Filed by the Clerk's office
11/16/2006 Referred to Planning, Zoning & Economic Development Committee
12/13/2006 Advance and Do Pass as Second Committee Substitute, Debate
12/14/2006 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
061281.pdf Authenticated 148K Authenticated
061281 Document Maps.pdf Maps 163K Document Maps
061280_061281 STAFF REPORT.doc Staff Report 70K Staff Report
061281 FACT SHEET.xls Fact Sheet 59K Fact Sheet

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 061281

 

Rezoning an area of approximately 2.0 acres generally located at the northwest corner of 39th Street and Prospect Avenue from Districts R-2b and C-2 to District URD. (13676-URD)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0720, rezoning an area of approximately 2.0 acres generally located at the northwest corner of 39th Street and Prospect Avenue from Districts R-2b (Two-Family Dwellings) and C-2 (Local Retail Business) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0720. That an area legally described as:

 

Lots 9-32, Reeds Place, a subdivision in Kansas City, Jackson County, Missouri.

 

is hereby rezoned from Districts R-2b (Two-Family Dwellings) and C-2 (Local Retail Business) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0720, 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 development 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, commonly known as the Subdivision Regulations.

 

2. That the developer dedicate additional right of way for a secondary arterial as required by Development Services so as to provide a minimum of 40 feet of right of way as measured from the centerline of 39th Street, and sufficient to provide for a bus turnout area on the north side of 39th Street.

 

3. That the developer construct curb, gutter and sidewalk for a bus turnout area on the north side of 39th Street as required by Development Services.

 

4. That the developer construct left turn lanes at 39th Street and Prospect Avenue with taper as required by Development Services.


5. 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 Development Services prior to review and issuance of any building permits, and that the developer construct any improvements as required by Development Services.

 

6. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

7. That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer be responsible for all costs associated with subordination activities.

 

8. That the developer secure permits to repair or reconstruct existing sidewalks, curbs, gutters, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri licensed civil engineer stating that the sidewalks, curbs, and gutters are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by Development Services, prior to recording the plat.

 

9. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

 

10. That the developer secure a land disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

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

 

12. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

 

13. That any screening required per Chapter 52 parking station requirements be provided by berming, landscaping and/or walls, in lieu of fencing.

 

14. That the developer submit a final plan to the Director of City Development for approval, including detailed information on landscaping (including canopy shade trees within the street setback area a maximum average of 50 feet on center, and evergreens along the north plan boundary), signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line), retaining walls of masonry block, brick, stone or brick/stone veneer, and building elevations.

 

15. That the 39th and Prospect Tax Increment Financing Plan (or other tax incentive plan) be approved by ordinance.

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is 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.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney