COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050528

Rezoning an area of approximately.55 acres generally located at the northwest corner of W. 22nd Street and Wyandotte Street from District M-1 to District URD. (13326-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 80-11A0626, rezoning an area of approximately .55 acres generally located at the northwest corner of W. 22nd Street and Wyandotte Street from District M-1 (Light Industry) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0626. That an area legally described as:

Lots 10 through 14 and the south 10 feet of Lot 9, Block 21, Goodrich Addition, a subdivision in Kansas City, Jackson County, Missouri

is hereby rezoned from District M-1 (Light Industry) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0626, 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 secure permits to repair sidewalks, curbs, gutters as necessary along all development street frontages, and enter into an 18 month (from date of plan approval by ordinance) secured deferral agreement for the sidewalk along 22nd Street as required by the Department of Public Works in accordance with Chapters 56 and 64 of the Code, prior to recording of the plat. Sidewalks should be in conformance with the design standards of the 22nd and Main Tax Increment Financing Plan.

3. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of common areas and private open space tracts.

4. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to the commencement of any construction activities.

5. That the developer contribute $119.54 per residential unit in lieu of parkland dedication (2.0 X .006 X $9,961.61 (year 2005) = $119.54) in satisfaction of Section 66-128 of the Subdivision Regulations.

6. That the developer submit a final plan to the Director of City Development for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero foot-candles at the property line and no direct illumination beyond the property line)and building elevations.

7. That the developer submit a street tree planting plan as part of the final plat, secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots (with a copy to be submitted to the City Planning and Development Department staff), and agree to plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

A copy of said development plan is on file in the office of the City Clerk with this ordinance, which is attached hereto and 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