ORDINANCE NO. 050807
Rezoning an area of approximately
1.6 acres generally located on the west side of the Paseo from 41st Street on the north to 42nd Street on the south from District R-4 to District URD, and
approving a development plan for the same. (13343-URD)
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 80-11A0638, rezoning an area of approximately 1.6 acres
generally located on the west side of the Paseo from 41st Street on
the north to 42nd Street on the south from District R-4 (Low
Apartments) to District URD (Urban Redevelopment District), said section to
read as follows:
Section 80-11A0638. That an area
legally described as:
Lots 92 to 103,
inclusive, Troost Avenue Terrace, except that part in right of way, a
subdivision in Kansas City, Jackson County, Missouri
is hereby rezoned from District
R-4 (Low Apartments) to District URD (Urban Redevelopment District), all as
shown outlined on a map marked Section 80-11A0638, 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 shall 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, if
on-site detention of stormwater is determined to be necessary as required by
the Department of Public Works.
2. That the developer submit a detailed micro storm drainage
study, consisting at a minimum of a letter from a Missouri Licensed Civil
Engineer stating that the proposed improvements will not alter or increase
historical runoff conditions for the site, to the City Engineer's Office prior
to approval and issuance of any building permits, and that the developer
construct any improvements as required by the City Engineer's Office.
3. That the developer secure permits to construct 5 foot
sidewalks along Paseo Boulevard frontages prior to approval and issuance of any
4. That the developer secure permits to reconstruct existing
sidewalks, curb and gutter, as necessary, along all development street
frontages, as required by the Department of Public Works, prior to approval and
issuance of any building permits.
5. That the developer submit plans for grading, siltation, and
erosion control to the City Engineer's Office for approval and permitting prior
to beginning any construction activities.
6. That the developer secure a site 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.
7. That the developer extend sanitary sewers to ensure
individual service is provided to all proposed lots and determine adequacy as
required by the Department of Public Works.
8. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by the Department of Public Works.
9. That the developer submit covenants, conditions and
restrictions to the Law Department for approval for the maintenance of private
open space and enter into a covenant agreement for the maintenance of any
stormwater detention area tracts as necessary.
10. That the developer contribute $4,781.57 in lieu of parkland
dedication for 40 units (40 units X 2.0 X .006 X $9,961.61 (year 2005) =
$4,781.57) in satisfaction of Section 66-128 of the Subdivision Regulations.
11. That the developer provide for fire protection as required by
the Fire Department prior to construction beyond foundations.
12. That the developer extend water mains as required by the Water
13. That the
developer submit a street tree planting plan prior to approval of a final plan,
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
City Development Department staff), and agree to plant in conformance with the
plan approved by the City Forester. The plan shall include size, type,
species, and placement of trees.
14. That the developer submit a final plan to the Director of City
Development for approval, including detailed information on landscaping,
grading, signage (including elevations), and building elevations (including
predominantly brick and stucco exterior, and a trash enclosure of materials to
match the building).
A copy of said development plan
is on file in the office of the City Clerk with this ordinance and is made a
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.
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
Approved as to
form and legality:
Assistant City Attorney