ORDINANCE NO. 060002
Approving an amendment to a
previously approved preliminary plan in District CP-2 on approximately a 4.0
acre tract of land generally located at the northwest corner of N Antioch Road and I-35 by allowing for the reconstruction of a restaurant building. (7201-CP-10)
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 an approximately 4.0 acre tract of land generally
located at the northwest corner of N Antioch Road and I-35, and more
specifically described as follows:
Lots
1, 2, 3 and 12, Brookwood Heights as recorded, except for the N 5.00 feet of
said Lot 3 conveyed to the City of Kansas City, Missouri for new 44th
Street Terrace right of way purposes in ordinance 46937, and the W 125.00 feet
of Lot 12; plus Lots 1, 4 and the E 75.00 feet of Lot 5 of Brookwood Extension,
except that part of conveyed to the state of Missouri for highway right of way;
and vacated NE 44th Street lying N of and adjacent to said Lots 1, 4
and 5, Brookwood Extension.
is hereby approved, subject to
the following conditions:
1. That the developer enter into a
deferral agreement or revise the existing deferral agreement as provided for in
Ordinance No. 990724, to improve the southern half of N.E. 44th Terrace to
residential street standards including curb, gutter, sidewalk and streetlights
as required by Development Services.
2.
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 approval and
issuance of any building permits, and that the developer construct any
improvements as required by Development Services.
3.
That the developer dedicate additional right of way by general warranty
deed for primary arterial with a bike path as required by Development Services
so as to provide a minimum of 56 feet of right of way as measured from the
centerline of N. Antioch Road prior to the issuance of a certificate of
occupancy.
4.
That the developer secure permits to repair sidewalks, curbs, and
gutters as necessary along all development street frontages as required by
Development Services in accordance with Chapters 56 and 64, Code of Ordinances,
prior to issuance of a certificate of occupancy.
5.
That the developer provide for fire protection as required by the Fire
Department.
6. That the developer secure the approval
of the Missouri Department of Transportation prior to working within any State
right-of-way.
7. That the developer obtain a variance from
the Board of Zoning Adjustment to the required side yard setback.
8.
That the developer submit a final plan to the City Plan Commission for
approval, showing grading, landscaping, berming and screening, showing a 4 foot
berm with conifers, the berming will extend behind each of the parking areas
adjacent to the single-family lots to the north, building elevations and a
photometric study showing zero footcandles at the property line.
A copy of said amendment is on
file in the office of the City Clerk with this ordinance and is 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.
_____________________________________________
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