ORDINANCE NO. 001183

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0308, rezoning an area of approximately 7.8 acres generally bounded by Westport Road on the north, 43rd Street on the south, Bridger Avenue on the west and Mill Street and Washington Street on the east, from Districts R-3 (Low Apartments), R-4 (Low Apartments), C-2 (Local Retail Business) and M-1 (Light Industry) to District URD (Urban Redevelopment District), and approving a development plan for the same. (9627-URD-1)

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 80-11A0308, rezoning an area of approximately 7.8 acres generally bounded by Westport Road on the north, 43rd Street on the south, Bridger Avenue on the west and Mill Street and Washington Street on the east, from Districts R-3 (Low Apartments), R-4 (Low Apartments), C-2 (Local Retail Business) and M-1 (Light Industry) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0308. That an area legally described as:

All of Lots 6, 7 and 8, John C. Morris Subdivision, Lots 9, 10, 11, 12, 13 and part of Lots 14, 15 and 16, Edmund Prices Addition and vacant streets and alleys adjacent. And more specifically described: Beginning at the southeast corner of Pennsylvania and Westport Road, then southerly along the easterly line of Pennsylvania Street to the northeast corner of 43rd and Pennsylvania (southwest corner of Lot 8, Edmund Prices Addition) then east along said south lot line and extension 235.03 feet then north 110 feet, then east 128 feet to the east lot line of Lot 10 (the west line of Washington Street), then north along west line of Washington Street to the north line of vacated Archibald, then northeasterly to the southeast corner of Lot 7, John C. Morris Subdivision, then northwesterly to the south line of Westport Road, then west along the said line to the point of beginning, except for the south 49 feet of Lot 11, Edmund Prices Addition, and the north one-half of the vacated alley lying south of and adjacent to said lot.

is hereby rezoned from Districts R-3 (Low Apartments), R-4 (Low Apartments), C-2 (Local Retail Business) and M-1 (Light Industry) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0308, 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 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 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.

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

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

7. That the developer improve the east half of Bridger Road to collector street standards as required by the Department of Public Works.

8. That the developer dedicate additional right of way for 43rd Street as required by the Department of Public Works so as to provide 40 feet of right of way as measured from the centerline of 43rd Street.

9. That the developer improve the north half of 43rd Street to secondary arterial street standards as required by the Department of Public Works.

10. That the developer install a traffic signal at the intersection of Westport Road and Mill Street as required by the Department of Public Works.

11. That the developer relocate water mains as required by the Water Services Department.

12. 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.

13. 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, and architectural characteristics.

A copy of said development plan is on file in the office of the City Clerk under Document No. 001183, 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