SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 001071

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0303, rezoning an area of approximately 7.7 acres generally bounded by Westport Avenue and Archibald Street on the north, 43rd Street on the south, Bridger Road on the east and Roanoke Road on the west, from Districts R-3 (Low Apartments, Low Density), PD/R-5 (High Apartments/Planned Development) and C-2 (Local Retail Business) to District URD (Urban Redevelopment District), and approving a development plan for the same. (10645-URD-5)

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 80-11A0303, rezoning an area of approximately 7.7 acres generally bounded by Westport Avenue and Archibald Street on the north, 43rd Street on the south, Bridger Road on the east and Roanoke Road on the west, from Districts R-3 (Low Apartments, Low Density), PD/R-5 (High Apartments/Planned Development) and C-2 (Local Retail Business) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0303. That an area legally described as:

A tract of land lying in the Southeast Quarter of Section 19, Township 49 North, Range 33 West, said tract also being a portion of Whitehouse Place, Hornbecks Park, Belleview Place, Jones and Fishers Addition and Westport Plaza Place, all subdivisions in Kansas City, Jackson County, Missouri, more particularly described as follows: All of Lots 5 thru 20 inclusive, and all of Lots 25 and 26, and all of Lots 28 thru 38, inclusive, and all of Lot 40, in said Whitehouse Place; together with all of Lots 10 thru 35 inclusive, said Hornbecks Park; together with all of Lots 1 thru 4, in said Belleview Place; together with all of Lots 31 and 32, and the east 34.10 feet of Lot 30, said Jones and Fishers Addition; together with all of Lot 1, said Westport Plaza Place; together with the platted alley lying between said Belleview Place and Jones and Fishers Addition, and the south half of the west 284.00 feet of vacated Archibald Street, as described in Vacation Ordinance No. 941375, as recorded in the Jackson County Register of Deeds Office; together with Jefferson Street from the north right of way line of Archibald Street to the southwesterly prolongation of the northerly line of Lot 20 said Whitehouse Place; together with Archibald Street from the west right of way line of Bridger Road to Clark Avenue; together with Clark Avenue from the northeasterly prolongation of the northerly line of Lot 32 said Jones and Fishers Addition to the westerly prolongation of the north line of the south 15 feet of Lots 24 thru 35 said Hornbecks Park; together with the east/west alley first north of 43rd Street, from the west right of way line of Bridger Road to the east right of way line of Clark Avenue, except the south 15 feet of Lots 24 thru 35, inclusive, said Hornbecks Park, and except the south 15 feet of Lot 1, said Belleview Place.

is hereby rezoned from Districts R-3 (Low Apartments, Low Density), PD/R-5 (High Apartments/Planned Development) and C-2 (Local Retail Business) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0303, 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 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 dedicate additional right of way for 43rd Street 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 43rd Street.

5. That the developer improve the north half of 43rd Street to secondary arterial street standards as required by the Department of Public Works, including construction of sidewalks.

6. That the developer dedicate additional right of way for Bridger Road 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 Bridger Road.

7. That the developer improve the west half of Bridger Road to collector street standards as required by the Department of Public Works, including construction of sidewalks.

8. That the developer dedicate additional right of way for Clark Street as required by the Department of Public Works so as to provide a total of 25 feet of right of way as measured from the centerline of Clark Street.

9. That the developer improve Clark Street to residential street standards as required by the Department of Public Works, including construction of sidewalks.

10. That the developer construct and/or reconstruct curb, gutter and sidewalks along Roanoke Road as required by the Department of Public Works

11. That the developer construct and/or reconstruct curb, gutter and sidewalks along Westport Road as required by the Department of Public Works

12. That the developer enter into an agreement with the City as required by the Department of Public Works whereby the developer agrees to maintain decorative paving and other streetscape elements in the public right of way.

13. That the developer petition for the vacation of a portion of Clark Street, Jefferson Street, Archibald Street, and the east/west alley just west of Bridger Road as required by the Department of Public Works.

14. 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.

15. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

16. That the developer contribute $44,276.09 in lieu of parkland dedication for 288 units (288 units x 2 x .006 x $12,811.37) in satisfaction of Section 66-128 of the Subdivision Regulations.

17. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

18. 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.

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 plan shall include: development plan information, property uses, setback distances, lighting, grading, landscaping, signage, building elevations and materials and architectural characteristics.

A copy of said development plan is on file in the office of the City Clerk under Document No. 001071, 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