ORDINANCE NO. 040055

Approving an amendment to a previously approved development plan in District PD/R-5 (Planned District/High Apartments) on approximately a 6.75 acre tract of land generally located on the east side of State Line Road at W. 123rd Street (12301 State Line Road). (9745-PD-5)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District PD/R-5 (Planned District/High Apartments) on approximately a 6.75 acre tract of land generally located on the east side of State Line Road at W. 123rd Street (12301 State Line Road), and more specifically described as follows:

Lot 1, McGilley Addition, a subdivision in Kansas City, Jackson County, Missouri.

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 a ten foot variance to the minimum required right of way width of 50 feet, as measured from the centerline of State Line Road, so as to permit 40 feet of right of way as shown on the development plan, is hereby granted.

3. That the developer secure permits to construct new or reconstruct existing sidewalks, curbs and gutters along the project frontage as required by the Department of Public Works prior to recording of the final plat.

4. That the developer submit a detailed storm drainage study to the City Engineers Office prior to approval and issuance of any building permits, that consists 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 and that the developer construct any improvements as required by the City Engineers Office.

5. 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.

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 secure a land disturbance permit from the Missouri Department of Natural Resources if the disturbed area exceeds one acre.

8. 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.

9. That the developer contribute $252.84 in lieu of parkland dedication for 1 unit (1 x 3.7 x .006 x $11,389.05) in satisfaction of Section 66-128 of the subdivision regulations.

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

11. That the developer extend sanitary sewers and provide easements as required by the Department of Public Works..

12. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on grading, landscaping, and screening as required by the zoning ordinance and submit building elevations.

A copy of said amendment is on file in the office of the City Clerk under Document No. 040055, which is attached hereto and made a part hereof.

Section B. 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