ORDINANCE NO. 091021

Rezoning an area of approximately 1.39 acres generally located at the northeast corner of 135th Street and Charlotte Street from Districts RA and R-3 to District CP-1. (13814-CP-1)

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 80-11A0858, rezoning an area of approximately 1.39 acres generally located at the northeast corner of 135th Street and Charlotte Street from Districts RA (Agricultural) and R-3 (Low Apartments) to District CP-1 (Neighborhood Planned Business Center), said section to read as follows:

Section 80-11A0858. That an area legally described as:

Lots 25, 26, 27 and 28, Louis H. Knoche’s Addition, a subdivision in Kansas City Jackson County, Missouri and all that part of the Southeast ¼ of the Northeast ¼, Section 20, Township 47, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southeast corner of Lot 0097025 of Louis M. Knoche’s Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, thence north along the east lines of Lots 25, 26, 27, and 28 of said subdivision 200 feet to the northeast corner of said Lot 28, thence east 199.39 feet, thence south parallel to the east line of said subdivision 200 feet, thence west 189.39 feet to the point of beginning. Together with an easement for driveway over a 30 foot strip immediately south of and adjoining.

is hereby rezoned from Districts RA (Agricultural) and R-3 (Low Apartments) to District CP-1 (Neighborhood Business Center), all as shown outlined on a map marked Section 80-11A0858, 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 enter into an unsecured deferral agreement to improve the eastern one-half of Charlotte Street to local street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities at such time that the west half is improved prior to issuance of Certificate of Occupancy.

2.                  That the developer cause all parcels to be combined at the county into one parcel prior to submitting an application for a building permit.

3.                  That the developer submit a detailed micro storm drainage study, in general compliance with adopted standards, including a BMP level of service analysis, prior to approval and issuance of any building permits, and that the developer construct any improvements as required by Development Services prior to issuance of any certificate of occupancy.

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

5.                  That the developer grant a BMP Easement to the City, as required by Development Services, prior to issuance of any certificate of occupancy.

6.                  That the developer provide adequate water service as required by the Fire Department and Water Services Department.

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