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COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 970035, AS AMENDED
Amending Chapter 80, Code of Ordinances, by
adding a new section to be known as Section 80-11A0022, rezoning an area of
approximately 2.7 acres generally bounded by 48th Street on the north, Ward
Parkway on the south, Roanoke Parkway on the east and Belleview Avenue on the
west from Districts R-4 (Low Apartments) and R-4-O (Low Apartments, Administrative
Office Buildings) to District URD (Urban Development District); approving a
development plan for the same; calling an election for November 3, 1998, to
submit these matters for consideration by the voters; directing the City Clerk
to notify the responsible election authorities of the election being called no
later than August 25, 1998; and recognizing this ordinance to be an emergency
measure.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section A. Rezoning approved.
That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996,
commonly known as the Zoning Ordinance, is hereby amended by enacting a new
section to be known as Section 80-11A0022, rezoning an area of approximately
2.7 acres generally bounded by 48th Street on the north, Ward Parkway on the
south, Roanoke Parkway on the east and Belleview Avenue on the west from
Districts R-4 (Low Apartments) and R-4-O (Low Apartments, Administrative Office
Buildings) to District URD (Urban Development District), said section to read
as follows:
Section 80-11A0022. That an area
legally described as:
Lots 17, 18, 19, 20, 21,
22, 23, 26, 27 and 28, Park Manor, Resurvey of Lots 1 to 5 and Lots 7 to 16,
Block 4, a subdivision of land in Kansas City, Jackson County, Missouri,
according to the recorded plat thereof; and Lot 6, Block 4, Park Manor, a
subdivision of land in Kansas City, Jackson County, Missouri, according to the
recorded plat thereof (2.671 acres).
is hereby rezoned from Districts R-4 (Low
Apartments) and R-4-O (Low Apartments, Administrative Office Buildings) to
District URD (Urban Development District), all as shown outlined on a map
marked Section 80-11A0022, 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. Development plan
approved. 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 the City of Kansas City, Missouri, as
amended, commonly known as the Subdivision Regulations.
2. That
the developer submit a storm drainage study to the City Engineers Office for
approval and that the developer make any improvements as required by the City
Engineers Office.
3. That
the developer submit plans for grading and siltation and erosion control to the
City Engineers Office for approval prior to beginning any construction
activities.
4. That
the developer secure a land disturbance permit from the Missouri Department of
Natural Resources.
5. That
the developer dedicate additional right of way for Belleview Avenue as required
by the Department of Public Works so as to provide a total of 40 feet of right
of way as measured from the centerline of Belleview Avenue.
6. That
the developer improve the east half of Belleview Avenue to primary arterial
street standards as required by the Department of Public Works.
7. That
the developer dedicate additional right of way for 48th Street as required by
the Department of Public Works so as to provide a total of 30 feet of right of
way as measured from the centerline of 48th Street.
8. That
the developer improve the south half of 48th Street to collector street
standards as required by the Department of Public Works.
9. That
the developer improve the west half of Roanoke Parkway to primary arterial
street standards as required by the Department of Public Works.
10. That
the developer improve the north half of Ward Parkway to primary arterial street
standards as required by the Department of Public Works.
11. That
the developer provide signage and pavement marking revisions as required by the
Department of Public Works.
12. That
the developer modify traffic signals at the intersection of Belleview Avenue
and Ward Parkway as required by the Department of Public Works.
13. That
the developer provide for a truck loading and unloading dock on the premises.
14. That
the developer limit the height of any structure so as not to exceed the Kansas City
Downtown Airport height zoning restrictions and that the developer include this
language on the final plat.
15. That
the developer contribute $20,601.12 in lieu of parkland dedication for 160
multi-family units in satisfaction of Section 66-128 of the Subdivision
Regulations.
16. That
the developer enter into an agreement with the City whereby the developer
agrees to contribute to the Plaza Environs Study Fund in the amount of
$269,676.00 based upon the following rates: $1.00 per gross square foot of
office space; $225.00 per residential unit; $2.00 per gross square foot of
retail space; $3.50 per gross square foot of restaurant space provided that the
developer shall receive credit for the 132 existing multi-family units (the
total of $269,767.00 reflects credit given for the existing multi-family
units).
17. That
the developer extend water mains as required by the Water Services Department.
18. That
the developer provide for fire protection as required by the Fire Department.
19. That
the developer submit a site plan to the Director of the Department of City
Development for approval prior to the issuance of a building permit. The site
plans shall include: development plan information, property uses, setback
distances, lighting, landscaping, signage (including elevations), and
architectural characteristics, including conformance to the design guidelines
of the Plaza Urban Design and Development Plan and the Brush Creek Design
Guidelines.
A copy of said development plan is on file in
the office of the City Clerk under Document No. 970035, which is attached
hereto and made a part hereof.
Section C. Notices and Hearings.
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.
Section D. Effective date of
sections A through C. Sections A through C of this Committee Substitute
for Ordinance No. 970035, As Amended, will become effective only if:
(1) the voters
of the City approve enactment of these provisions on November 3, 1998;
(2) the
voters of the City approve enactment of Second Committee Substitute for
Ordinance No. 971294, As Amended, approving the Brush Creek Plaza Tax Increment
Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making
certain findings with regard to the Plan; and authorizing the issuance of
certain obligations and the pledge of certain funds for the Plan, on November
3, 1998; and
(3) the
voters of the City approve enactment of Second Committee Substitute for
Ordinance No. 971295, As Amended, approving and designating Brush Creek
Redevelopment Project I of the Brush Creek Plaza Tax Increment Financing Plan;
and adopting tax increment financing therefor on November 3, 1998.
Section E. Election called. That
a special election is called for November 3, 1998, to submit to the qualified
voters of the City the question of whether the area of approximately 2.7 acres
generally bounded by 48th Street on the north, Ward Parkway on the south,
Roanoke Parkway on the east and Belleview Avenue on the west should be rezoned
from Districts R-4 (Low Apartments) and R-4-O (Low Apartments, Administrative
Office Buildings) to District URD (Urban Development District); and whether a
development plan for the same should be approved as set forth in sections A
through C of this Committee Substitute for Ordinance No. 970035, As Amended.
Section F. Ballot Title. That
the ballot title for the proposition established by this ordinance shall be as
follows:
QUESTION _____
Shall Committee
Substitute for Ordinance No. 970035, As Amended, rezoning an area generally
bounded by 48th Street on the north, Ward Parkway on the south, Roanoke Parkway
on the east and Belleview Avenue on the west from Districts R-4 (Low
Apartments) and R-4-O (Low Apartments, Administrative Office Buildings) to
District URD (Urban Development District); and approving a development plan for
the area be approved?
Yes
No
The voter who desires to
vote in favor of this proposition shall place an ה in the box opposite
Yes. The voter who desires to vote against this proposition shall place an
ה in the box opposite No.
Section G. Election Date.
That an election is called for November 3, 1998, for the purpose of submitting
to the voters of Kansas City the question of rezoning an area generally bounded
by 48th Street on the north, Ward Parkway on the south, Roanoke Parkway on the
east and Belleview Avenue on the west from Districts R-4 (Low Apartments) and
R-4-O (Low Apartments, Administrative Office Buildings) to District URD (Urban
Development District), and approving a development plan for the area.
Section H. Delivery of Ordinance
by City Clerk to Election Authorities. That the Clerk shall deliver
certified copies of this ordinance and notice of election to the Board of
Election Commissioners of Kansas City, Missouri, to the Board of Election
Commissioners of Clay County, to the Board of Election Commissioners of Platte
County, and to the County Clerk of Cass County, which shall be the authority of
the respective election authorities of the City to submit this question to the
electors of Kansas City as herein provided and to give public notice thereof as
provided by law on or before Tuesday, August 25, 1998.
Section I. Election Notice.
That the notice of election shall read as follows:
=============================================================
NOTICE OF ELECTION
CITY OF KANSAS CITY,
MISSOURI
Notice is hereby given
that the City of Kansas City has called an election to be held in said City on
Tuesday, November 3, 1998, at which election all qualified voters
residing within the City of Kansas City, Missouri will be given the opportunity
to vote.
The official ballot will be in substantially the
following form:
OFFICIAL BALLOT
CITY OF KANSAS CITY
ELECTION NOVEMBER 3,
1998
QUESTION _____
Shall Committee
Substitute for Ordinance No. 970035, As Amended, rezoning an area generally
bounded by 48th Street on the north, Ward Parkway on the south, Roanoke Parkway
on the east and Belleview Avenue on the west from Districts R-4 (Low
Apartments) and R-4-O (Low Apartments, Administrative Office Buildings) to
District URD (Urban Development District); and approving a development plan for
the area be approved?
Yes
No
[Instructions to voters will be supplied by the
election authorities]
A full and complete copy of Committee Substitute
for Ordinance No. 970035, As Amended, submitting the above proposition to the
electorate is on file in the office of the City Clerk of Kansas City, Missouri
where the same is open for inspection and copying.
The polling places for the election will be [insert
list of polling places in last publication only].
=============================================================
I hereby certify that the foregoing is the legal
notice to be published pursuant to Section 115.127, R.S.Mo., as amended.
Given under my hand and the official seal of the
City of Kansas City, Missouri, this ___________ day of August, 1998.
(SEAL)
______________________________________
CATHERINE
T. ROCHA
City
Clerk of the City of Kansas City, Missouri
Before me, a notary public, personally appeared
Catherine T. Rocha, to me known to be the City Clerk of the City of Kansas
City, Missouri, and the person who acknowledged to me that she executed the
same for the purposes therein stated.
______________________________________
Notary
Public
My commission expires:
Section J. Emergency. That this ordinance
provides for the submission of a proposal to the people of Kansas City,
Missouri, and is hereby recognized to be an emergency measure within the
meaning of Section 15, Article II, of the Charter of Kansas City, and as such
shall become effective immediately upon its passage.
_____________________________________________
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:
___________________________________
Assistant
City Attorney