ORDINANCE NO. 020275

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0411, rezoning an area of approximately 1.41 acres generally located on the west side of Brooklyn Avenue between 11th Street and 12th Street from Districts R-4 (Low Apartments) and C-3a2 (Intermediate Business, High Buildings) to District PD/R-4, C-3a2 (Planned District/Low Apartments, Intermediate Business, High Buildings), and approving a development plan for the same. (12625-PD-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, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0411, rezoning an area of approximately 1.41 acres generally located on the west side of Brooklyn Avenue between 11th Street and 12th Street from Districts R-4 (Low Apartments) and C-3a2 (Intermediate Business, High Buildings) to District PD/R-4, C-3a2 (Planned District/Low Apartments, Intermediate Business, High Buildings), said section to read as follows:

Section 80-11A0411. That an area legally described as:

Lots 50 through 60, inclusive, Pioneer Place, a subdivision in Kansas City, Jackson County, Missouri, and the vacated alley south of and adjacent said Lot 54.

is hereby rezoned from Districts R-4 (Low Apartments) and C-3a2 (Intermediate Business, High Buildings) to District PD/R-4, C-3a2 (Planned District/Low Apartments, Intermediate Business, High Buildings), all as shown outlined on a map marked Section 80-11A0411, 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 the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval and that the developer make any necessary 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 the commencement of any construction activities.

4. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

5. That the developer extend sanitary sewers as required by the Department of Public Works.

6. That the developer contribute $1,865.24 in lieu of parkland dedication for 12 multi-family units (12 x 2.0 x 0.006 x $12,953.06) in satisfaction of Section 66-128 of the Subdivision Regulations.

7. That the developer receive approval from the Board of Zoning Adjustment for variances to the required number of parking spaces and to the front, rear and side yard setback requirements.

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

9. That the developer submit a final plan for each phase to the City Plan Commission for approval, including detailing information on landscaping, signage (including elevations) and building elevations.

A copy of said development plan is on file in the office of the City Clerk under Document No. 020275, 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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Assistant City Attorney