ORDINANCE NO. 070177

Rezoning an area of approximately .27 acres generally located at the southeast corner of 47th Street and Belleview Avenue from District R-5 (High Apartments) to District PD/R-5 (Planned Development/High Apartments), and approving a preliminary development plan for the same. (12387-PD-3)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0742, rezoning an area of approximately .27 acres generally located at the southeast corner of 47th Street and Belleview Avenue from District R-5 (High Apartments) to District PD/R-5 (Planned Development/High Apartments), said section to read as follows:

Section 80-11A0742. That an area legally described as:

Lots 105 and 106 and the west of the vacated alley lying east of and adjacent said lots, Penn Park, a subdivision in Kansas City, Jackson County, Missouri

is hereby rezoned from District R-5 (High Apartments) to District PD/R-5 (Planned Development/High Apartments), all as shown outlined on a map marked Section 80-11A05742, 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, commonly known as the Subdivision Regulations.

2. That the developer improve the eastern one-half of Belleview Avenue to local street standards as required by Development Services, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

3. That the developer improve the southern one-half of 47th Street to local street standards as required by Development Services, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

4. That adequate sight distance be provided for each drive connection to Belleview Avenue and W. 47th Street as required by Development Services.

5. That the developer submit a detailed micro storm drainage study, consisting at a minimum of a letter from a Missouri licensed civil engineer stating that the proposed improvements will not alter or increase historical runoff conditions for the site, to Development Services prior to review and issuance of any building permits, and that the developer construct any improvements as required by Development Services.

6. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

7. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities.

8. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots/units and determine adequacy as required by Development Services.

9. That the developer provide a storm water conveyance system to serve all proposed lots/units within the development and determine adequacy as required by Development Services.

10. That the developer contribute $2,868.94 in lieu of parkland dedication for 24 units (24 units x 2.0 x .006 x $9,961.61 (year 2006) = 2,868.94) in satisfaction of Section 66-128 of the Subdivision Regulations.

11. That the developer submit covenants, conditions and restrictions to Development Services for review by the Law Department for approval for the maintenance of common elements and private open space tracts.

12. That the final plat show and describe all wall dimensions, as well as all floor and ceiling elevations for each of the condominium units.

13. That the developer receive the approval of the Board of Zoning Adjustment for any necessary variances.

14. That the developer submit a street tree planting plan prior to or concurrent with the final plat submittal, secure the approval of the City Forester for street trees planted on right-of-way in front of residential lots (with a copy to be submitted to the City Development Department staff), and plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species, and placement of trees.

15. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line)and building elevations.

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is 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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M. Margaret Sheahan Moran

Assistant City Attorney