ORDINANCE NO. 060031

Rezoning an area of approximately.22 acres located at the northwest corner of 43rd Street and Roanoke Road from District R-4 to District C-2-p and approving a development plan for the same. (13436-P)

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 80-11A0657, rezoning an area of approximately .22 acres generally located at the northwest corner of 43rd Street and Roanoke Road from District R-4 (Low Apartments) to District C-2-p (Local Retail Business - Limited District), said section to read as follows:

Section 80-11A0657. That an area legally described as:

Lot 25, Jones & Fischers Addition to Westport, a subdivision in Kansas City, Jackson County, Missouri and the south half of Archibald Street lying north and adjacent said lot

is hereby rezoned from District R-4 (Low Apartments) to District C-2-p (Local Retail Business - Limited District)), all as shown outlined on a map marked Section 80-11A0657, 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 Kansas City, Missouri, commonly known as the Subdivision Regulations.

2. That the developer dedicate additional right of way for 43rd Street as required by Development Services so as to insure 40 feet of right of way as measured from the centerline of 43rd Street.

3. 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.

4. That the developer provide a storm water conveyance system to serve the development and determine adequacy as required by Development Services.

5. That the developer submit plans for grading and siltation and erosion control to Development Services for approval prior to the commencement of any construction activities.

6. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by Development Services, prior to recording the plat.

7. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

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

9. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

10. That Archibald Street be vacated as shown on the development plan prior to submittal of a final plat application.

11. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting (if any, including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line)and building elevations.

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.

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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