ORDINANCE NO. 970049

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, by adding a new section to be known as Section 80-11A0014, rezoning an area of approximately .628 acres generally located at the northeast corner of 50th Street and Wornall Road from District R-5 (High Apartments) to District PD/R-5 (Planned District/High Apartments), and approving a development plan for the same. (9549-PD-12)

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 80-11A0014, rezoning an area of approximately .628 acres generally located at the northeast corner of 50th Street and Wornall Road from District R-5 (High Apartments) to District PD/R-5 (Planned District/High Apartments), said section to read as follows:

Section 80-11A0014. That an area legally described as:

All of Lots 11, 12, 23 and 24, Bismark Place, a subdivision in Kansas City, Jackson County, Missouri.

is hereby rezoned from District R-5 (High Apartments) to District PD/R-5 (Planned District/High Apartments), all as shown outlined on a map marked Section 80-11A0014, 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 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 the commencement of any construction

activities.

4. That the developer provide adequate site distance at the parking garage access to all public streets as required by the Department of Public Works.

5. That the developer petition and/or consent to the petition for the vacation of Central Street as required by the Department of Public Works.

6. That the developer dedicate additional right of way for 50th Street 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 50th Street.

7. That the developer improve the north side of 50th Street to collector street standards as required by the Department of Public Works and as shown on the approved

development plan.

8. That the developer construct sidewalks along all street frontage where sidewalks do not now exist as required by the Department of Public Works.

9. That the developer contribute to the Plaza Area Study Improvement Fund based on a rate of $225.00 per unit; provided that the developer will receive a credit for the

existing six (6) units.

10. That the developer secure the approval of the Street Naming Committee for all proposed street names.

11. That the developer prohibit any construction in excess of the height restrictions of the Kansas City Downtown Airport Height Zoning Restrictions.

12. That the developer receive the approval of the Board of Zoning Adjustment for any necessary variances for side yard setbacks and for parking in the front yard.

13. That the developer undertake all utility relocation or utility extension as its cost.

14. That the developer contribute $5,128.27 for 51 units in lieu of parkland dedication in satisfaction of Section 66-128 of the Subdivision Regulations.

A copy of said development plan is on file in the office of the City Clerk under Document No. 970049, 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