ORDINANCE NO. 000291

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0264, rezoning an area of approximately 12.95 acres generally located at the northeast corner of 77th Street and Bruce R. Watkins Drive from District R-2a (Two-Family Dwellings) to District URD (Urban Redevelopment District), and approving a development plan for the same. (8489-URD-3)

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 80-11A0264, rezoning an area of approximately 12.95 acres generally located at the northeast corner of 77th Street and Bruce R. Watkins Drive from District R-2a (Two-Family Dwellings) to District URD (Urban Redevelopment District), said section to read as follows:

Section 80-11A0264. That an area legally described as:

All that part of the North 1/2 of the Northwest 1/4 of Section 15, Township 48, Range 33, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the northwest corner of the Northwest 1/4 of said Section 15; thence South 86E33'00" East along the north line of said 1/4 Section, a distance of 1645.00 feet; thence South 3E27'00" West, a distance of 75.00 feet to a point on the east line of Bruce R. Watkins Drive, as established by General Warranty Deed, Document No. K-720929, in Book K-1554, at page 1307, Jackson County Records, said point being referred to as Point B in said Document; thence South 1E16'37" West along the east line of said Bruce R. Watkins Drive, a distance of 626.21 feet to the southwest corner of a tract of land conveyed by Special Warranty Deed Document No. K-931913, Book K-2039, page 570 and to the point of beginning of the tract of land to be herein described; thence South 86E33'00" East along the south line of said conveyed tract of land, a distance of 974.01 feet (Deed 974.34 feet), to a point on the west line of Indiana Avenue, as now established; thence South 2E14'53" West along the west line of said Indiana Avenue, a distance of 595.50 feet to a point on the north line of 77th Street, as established by Ordinance No. 28143; thence North 86E32'36" West along the north line of said 77th Street, a distance of 839.78 feet to a point on the east line of said Bruce R. Watkins Drive; thence the following courses along the east line of said Bruce R. Watkins Drive; North 70E12'09" West, a distance of 57.72 feet; thence North 11E03'00" West, a distance of 325.35 feet; thence North 1E18'40" East, a distance of 264.22 feet to the point of beginning. Containing 12.956 acres, more or less.

is hereby rezoned from District R-2a (Two-Family Dwellings) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0264, 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 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 beginning any construction activities.

4. That the developer dedicate additional right of way for 77th Street as required by the Department of Public Works so as to provide 30 feet of right of way as measured from the centerline of 77th Street.

5. That the developer improve the north half of 77th Street to collector street standards as required by the Department of Public Works, including installation of streetlights.

6. That the developer construct sidewalks on the south side of 77th Street as required by the Department of Public Works.

7. That the developer improve the full width of Indiana Avenue from 77th Street north a distance of approximately 130 feet to the Rose Brooks Center driveway as shown on the development plan to collector street standards as required by the Department of Public Works, including construction of sidewalks and installation of streetlights.

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

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

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

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

13. That the developer secure the approval of the Missouri Department of Transportation prior to working in any State right of way.

14. That the developer provide for a secondary emergency vehicle access as required by the Department of Public Works prior to the approval of any site plan by the Director of the Department of City Development.

15. That the developer submit a street tree planting plan as part of the final plat and secure the approval of the City Forester for street trees planted on right of way in front of residential lots with a copy to be submitted to the Department of City Development and plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

16. That the developer contribute $4,899.22 in lieu of parkland dedication for 44 duplex units and 30 multi-family units (44 x 3 + 30 x 2 x 0.006 = 1.152 acres less .88 parkland dedication = .272 x $18,011.85) in satisfaction of Section 66-128 of the Subdivision Regulations.

17. That the developer submit a site plan for each phase to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding property uses, setback distances, lighting, landscaping (including canopy shade trees a maximum of 40 feet on center along private streets), grading, signage and architectural characteristics (including building elevations and materials and fences).

A copy of said development plan is on file in the office of the City Clerk under Document No. 000290, 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