ORDINANCE NO. 971481

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0094, rezoning an area of approximately 7.3 acres generally located at the northwest corner of N.E. Parvin Road and N. Bennington Road from District R-1b (One-Family Dwellings) to District R-5-p (High Apartments - Limited District), and approving a preliminary plan for the same. (12010-P-4)

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 80-11A0094, rezoning an area of approximately 7.3 acres generally located at the northwest corner of N.E. Parvin Road and N. Bennington Road from District R-1b (One-Family Dwellings) to District R-5-p (High Apartments - Limited District), said section to read as follows:

Section 80-11A0094. That an area legally described as:

All that part of the North 2/3 of the East 3/4 of the Northeast 1/4 of the Southwest 1/4 of Section 4, Township 50, Range 32, Clay County, Missouri, described as follows: The south 504 feet of the east 250 feet, and the south 261.17 feet of the west 295 feet of the east 545 feet, and the south 300 feet except the east 545 feet thereof, and except any portion contained in roadways, streets and highways.

is hereby rezoned from District R-1b (One-Family Dwellings) to District R-5-p (High Apartments - Limited District), all as shown outlined on a map marked Section 80-11A0094, 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 preliminary 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 Engineer's Office for approval and that the developer make any improvements as required by the City

Engineer's Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to beginning any construction activities.

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

5. That the developer extend water mains as required by the Water Services Department.

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

7. That the developer dedicate additional right of way for N. Bennington Road as required by the Department of Public Works so as to provide 30 feet of right of way

as measured from the centerline of N. Bennington Road.

8. That the developer improve one-half of N. Bennington Road to collector street standards as required by the Department of Public Works including curbs, gutters,

sidewalks, and streetlights.

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

10. That the developer secure the approval of the Street Naming Committee for all street names prior to the submittal of the final plat.

11. That the developer insure that adequate sight distance is provided at the proposed intersections with N. Bennington Road as required by the Department of Public

Works.

12. That the developer construct the east-west private street along the northern boundary with the development of the preliminary plan to City standards as required by the

Department of Public Works including streetlights, sidewalks, curbs, gutters, and a

pavement width of 28 feet back of curb to back of curb.

13. That the developer submit a final plan to the City Plan Commission for approval for each phase including plans for landscaping prior to the issuance of a building permit.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 971481, 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