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:

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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].

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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)

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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.

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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.

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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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Assistant City Attorney