COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 090243
Rezoning an area of approximately
0.7 acres generally located at the northwest corner of the Paseo Boulevard and
14th Street from District R-5 (High Apartments) to District C-2-p (Local Retail
Business - Limited District), and approving a preliminary development plan for
the same. (13995-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 80-11A0838, rezoning an area of approximately 0.7 acres
generally located at the northwest corner of the Paseo Boulevard and 14th
Street from District R-5 (High Apartments) to District C-2-p (Local Retail Business
- Limited District), said section to read as follows:
Section 80-11A0838. That an area
legally described as:
Lots 10, 11, 12, 13, and South of
Lot 14, Block 2 Munford and Frachers Addition and Subdivision in Kansas City, Jackson County, Missouri.
is hereby rezoned from District
R-5 (High Apartments) to District C-2-p (Local Retail Business - Limited District),
all as shown outlined on a map marked Section 80-11A0838, 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 submit a micro storm drainage study to
Development Services for review and acceptance for the entire development when
the first plat is submitted, and that the developer construct any improvements
as required by Development Services.
2.
That the developer secure permits for the sidewalks within the
development at the time street improvement permits are secured. Sidewalks
shall be installed per the sidewalk installation plan reviewed and accepted by
Development Services.
3.
That the developer cause the existing alley along the westerly
property line to be signed as one-way northbound, prior to receiving a
certificate of occupancy as required by Public Works Department and Missouri
Department of Transportation.
4.
That the developer submit a letter from a licensed civil engineer,
licensed architect, or licensed landscape architect, who is registered in the
State of Missouri, stating the condition of the sidewalks, curbs, and gutters.
The letter must identify state of repair as defined in Chapters 56 and 64, Code
of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the
quantity and location of sidewalks, curbs, and gutters that need to be
constructed, repaired, or reconstructed. The developer shall secure permits to
repair or reconstruct the identified sidewalks, curbs, and gutters as necessary
along all development street frontages, as required by Development Services,
prior to recording the plat.
5.
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.
6.
That the developer secure a site disturbance permit from
Development Services prior to beginning any construction, grading, clearing, or
grubbing activities, if the disturbed area equals one acre or more.
7.
That the developer grant a BMP Easement to the City as required
by Development Services.
8.
That the developer submit a final plan that depicts a berm, wall
or other screening element around the perimeter of the parking lot, landscaping
plan, proposed fencing and a photometric study that shows zero footcandles at
the property lines.
That the developer grant a pedestrian right-of-way access
easement for the portions of the public sidewalks located outside the public
right-of-way prior to issuance of a certificate of occupancy.
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.
_____________________________________________
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