ORDINANCE NO. 090408

Amending Section A of Committee Substitute for Ordinance No. 080997 which approved an amendment to a previously approved preliminary plan in District R-5-p on approximately a 6.28 acre tract of land generally located at the northeast corner of 51st Street and Swope Parkway, to eliminate the requirement of sidewalks on Cleveland Avenue.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Section A of Committee Substitute for Ordinance No. 080997 passed October 23, 2008, is hereby repealed and a new Section A is enacted therein, to read as follows:

Section A. That an amendment to a previously approved preliminary plan in District R-5-p (High Apartments/Limited District) on approximately a 6.28 acre tract of land generally located at the northeast corner of 51st Street and Swope Parkway, and more specifically described as follows:

All of Lots 90-119, inclusive, Boulevard Heights in Kansas City, Jackson County, Missouri, according to recorded plat thereof.

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, commonly known as the Subdivision Regulations.

2.                  That the developer submit a macro/micro storm drainage study to Development Services for review and acceptance for the entire development when the final plat is submitted, and that the developer construct any improvements as required by Development Services

3.                  That the developer vacate 50th Street, as required by Development Services, and the vacation proceed as part of the development plan and final plat applications.

4.                  That the developer grant an ingress/egress easement across the east/west drive, along the north side of the property, as required by Development Services.

5.                  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.

6.                  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, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to construct, repair, or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to recording the plat.

7.                  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.

8.                  That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

9.                  That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

10.              That the developer show the limits of the 100-year floodplain on the final plat.

11.              That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on the final plat.

12.              That the developer grant a BMP Easement to the City as required by Development Services.

13.              That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by Development Services.

14.              That the developer contribute $4,540.57 in lieu of parkland dedication for 36 multifamily units in satisfaction of Section 66-128 of the Subdivision Regulations.

15.              That the developer show that all proposed access drives meet minimum sight distance requirements as required by Public Works.

16.              That the developer submit a final plan including landscaping, grading, photometric study showing zero footcandles at the property lines, building elevations and signage.

17.              That the requirement that sidewalks be constructed on Cleveland Avenue is hereby waived.

A copy of said amendment is on file in the office of the City Clerk with this document and is made a part hereof.

Section 2. 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