COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 070384
Rezoning an area of approximately
2.42 acres generally located from 10th to 11th Streets, between Locust Street and Cherry Street from District C-3b to District URD, and approving a
development plan for the same.
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 80-11A0755, rezoning an area of approximately 2.42 acres
generally located from 10th to 11th Streets between Locust Street and Cherry
Street from District C-3b (Intermediate Business Transitional) to District URD
(Urban Redevelopment District), said section to read as follows:
Section 80-11A0755. That an area
legally described as:
TRACT I: All of
Lots 22, 23, and 24, Block 14, Smarts Addition No. 3, a subdivision in Kansas
City, Jackson County, Missouri.
TRACT II: All of
Lot 8, Block 5, Smarts Second Addition, a subdivision in Kansas City, Jackson
County, Missouri.
TRACT III: All of
Lots 6 and 7, Block 5, Smarts Second Addition, a subdivision in Kansas City,
Jackson County, Missouri.
TRACT IV: All of
Lot 5, Block 5, Smarts Second Addition, a subdivision in Kansas City, Jackson
County, Missouri.
TRACT V: All of Lot
4, Block 5, Smarts Second Addition, a subdivision in Kansas City, Jackson
County, Missouri.
TRACT VI: Al of Lot
3, Block 5, Smarts Second Addition, a subdivision in Kansas City, Jackson
County, Missouri, except a strip off of the south side which is .28 feet wide
on the west end and .31 feet off of the east end of Lot 3, Block 5, Smarts
Second Addition.
TRACT VII: All of
Lots 1 and 2, Block 5, Smarts Subdivision also known as Smarts Second
Addition, a subdivision in Kansas City, Jackson County, Missouri.
Also a strip of land
running the full length of the south edge of Lot 3 of said Block 5, which strip
is .28 foot wide at the west end thereof and .31 foot at the east end thereof,
being all that portion of said Lot 3, Smarts Second Addition, which is
occupied by part of the wall of the building standing upon said Lot 2, Kansas
City, Jackson County, Missouri.
TRACT VIII: All of
Lots 17, 18, and 19, Block 14, Smarts Addition No. 3, a subdivision in Kansas
City, Jackson County, Missouri.
TRACT IX: All of
Lots 20 and 21, Block 14, Smarts Addition No. 3, a subdivision in Kansas City,
Jackson County, Missouri.
is hereby rezoned from District
C-3b (Intermediate Business Transitional) to District URD (Urban Redevelopment
District), all as shown outlined on a map marked Section 80-11A0755, 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:
4. That
a 6 foot variance to the minimum required right-of-way width of 36 feet as
measured from centerline of 11th Street for a collector street, so as to permit
30 feet of right-of-way as measured from centerline and as shown on the
development plan, is hereby granted.
5. 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.
6. That
any relocated streetlights be integrated into the existing street light system
as required by Development Services.
7. That
the developer submit plans for grading, siltation, and erosion control to
Development Services for approval and permitting prior to beginning any
construction activities.
8. 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 equals one acre or more.
9. That
the developer submit a streetscape plan for acceptance by City Development and
permitting by Development Services prior to beginning work in the public right
of way.
10. That
the developer grant a BMP easement to the City as required by Development
Services.
11. That
the developer grant an ingress/egress and cross access easement to the City, as
required by Development Services, and show the easement on the final plat.
12. That
the developer comply with the Kansas City Downtown Airport Height Zoning
restrictions and that this language be included on the final plat.
13. That
the developer submit a site plan to the Director of the Department of City
Development for approval prior to the issuance of a building permit. The site
plan shall include information regarding property uses, setback distances,
lighting, landscaping and architectural characteristics, berms, trees and
plantings around and within the parking lots; show proposed pedestrian
circulation; and include elevation drawings of buildings and signage.
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
a development plan for the above-described area, a copy of which is on file in
the office of the City Clerk with this ordinance and made a part hereof, is
hereby approved.
_____________________________________________
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