ORDINANCE NO. 990190

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0193, rezoning an area of approximately 3.3 acres generally located at the northeast corner of 44th Street and Cleveland Avenue from Districts R-2b (Two-Family Dwellings) and C-1 (Neighborhood Retail Business) to District URD (Urban Redevelopment District), and approving a development plan for the same. (3888-URD-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 80-11A0193, rezoning an area of approximately 3.3 acres generally located at the northeast corner of 44th Street and Cleveland Avenue from Districts R-2b (Two-Family Dwellings) and C-1 (Neighborhood Retail Business) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0193. That an area legally described as:

Lots 246 through 257 and Lots 288 through 302, Benton View, a subdivision lying in Kansas City, Jackson County, Missouri.

is hereby rezoned from Districts R-2b (Two-Family Dwellings) and C-1 (Neighborhood Retail Business) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0193, 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 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 beginning any construction activities.

4. That the developer improve the north one-half of 44th Street to residential street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

5. That the developer construct curbs, gutters and sidewalks and install streetlights on the west side of Mersington Avenue as required by the Department of Public Works.

6. That the developer relocate fire hydrants as required by the Water Services and Fire Departments.

7. That the developer provide for fire protection as required by the Fire Department.

8. 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 plan shall include: development plan information, property uses, setback distances, lighting, grading, landscaping, signage (including elevations), and architectural characteristics. The landscaping plan shall identify adequate area for planting of trees and shrubs within the parking lot.

A copy of said development plan is on file in the office of the City Clerk under Document No. 990190, 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.

_____________________________________________

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