ORDINANCE NO. 090089
Rezoning an area of approximately
.54 acres generally located at the northwest corner of Independence Avenue and Myrtle Avenue from District C-2 to District PD/C-2, and approving a preliminary development
plan for the same. (13887-PD-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, commonly
known as the Zoning Ordinance, is hereby amended by enacting a new section to
be known as Section 80-11A0832, rezoning an area of approximately .54 acres
generally located at the northwest corner of Independence Avenue and Myrtle Avenue from District C-2 (Local Retail Business) to District PD/C-2 (Local Retail
Business/Planned Development), said section to read as follows:
Section 80-11A0832. That an area
legally described as:
Lots 41-48
inclusive, Corrected Plat of Bethesda Place Annex, and the west five feet of Vacated Myrtle Avenue lying east of and adjacent said lots, all in Kansas City, Jackson
County, Missouri.
is hereby rezoned from District
C-2 (Local Retail Business) to District PD/C-2 (Local Retail Business/Planned
Development), all as shown outlined on a map marked Section 80-11A0832, 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 submit a letter from a licensed civil engineer,
licensed architect, or licensed landscape architect, who is registered in the
State of Missouri, stating the condition of the sidewalks, alleys, curbs, and
gutters. The letter must identify state of repair as defined in Chapters 56
and 64, Code of Ordinances, for the sidewalks, alleys, curbs, and gutters. It
shall identify the quantity and location of sidewalks, alleys, curbs, and gutters
that need to be constructed, repaired, or reconstructed. The developer shall
secure permits to repair or reconstruct the identified sidewalks, alleys,
curbs, and gutters as necessary along all development street frontages, as
required by Development Services, prior to issuance of a certificate of
occupancy.
2. That the developer submit plans for grading, siltation, and
erosion control to Development Services for review, acceptance, and permitting
prior to beginning any construction activities.
3. That the developer grant a BMP Easement to the City as
required by Development Services prior to approval of a final plan.
4. That dedication of right of way for Independence Avenue in
accordance with the Major Street Plan be waived.
5. That the developer receive the approval of the Board of
Zoning Adjustment for any necessary variances.
6. 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 have been given and hearings have
been held as required by the Zoning Ordinance.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary, City
Plan Commission
Approved as to
form and legality:
___________________________________
M. Margaret
Sheahan Moran
Assistant City Attorney