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2008, is hereby repealed and a new Section A is enacted therein, to read as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.
_____________________________________________
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