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COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 010285
Amending
Chapter 80, Code of Ordinances, by adding a new section to be known as Section
80-11A0354, rezoning an area of approximately 1.2 acres generally located at
the northeast corner of 44th Street and Main Street from Districts C-2 (Local
Retail Business) and R-4 (Low Apartments) to District PD/R-4, C-2 (Planned
District/Low Apartments, Local Retail Business), and approving a development
plan for the same. (9332-PD-4)
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 80-11A0354, rezoning an area of
approximately 1.2 acres generally located at the northeast corner of 44th
Street and Main Street from District PD/R-4, C-2 (Planned District/Low
Apartments, Local Retail Business), said section to read as follows:
Section
80-11A0354. That an area legally described as:
Lot 1: All that part of the Northwest Quarter
of Section 29, Township 49, Range 33, located in Kansas City, Jackson County,
Missouri, more particularly described as follows: Commencing at the northwest
corner of the Northwest Quarter of said Section 29; thence along the north line
of said Section 29, South 87E34'39"
East, a distance of 1619.55 feet to a point on the west right of way line of
Walnut Street; thence along said west right of way, South 02E17'55" West, a distance of 280.00
feet to a point of deflection; thence North 87E34'39" West, a distance of 58.00 feet to
the point of beginning; thence South 02E17'55"
West, a distance of 185.74 feet to a point on the north right of way line of
44th Street; thence along said north right of way line of 44th Street, North 87E43'20" West, a distance of 199.56
feet to a point on the east right of way line of Main Street; thence along said
east right of way line of Main Street, North 02E28'47" East, a distance of 186.24 feet to a
point of deflection; thence South 87E34'39"
East, a distance of 198.97 feet to the point of beginning. Containing
37,061.96 square feet or 0.850826 acres, more or less.
Lot 2: All that part of the Northwest Quarter of
Section 29, Township 49, Range 33, located in Kansas City, Jackson County,
Missouri, more particularly described as follows: Commencing at the northwest
corner of the Northwest Quarter of said Section 29; thence along the north line
of said Section 29, South 87E34'39"
East, a distance of 1619.55 feet to a point on the west right of way line of
Walnut Street; thence along said west right of way, South 02E17'55" West, a distance of 280.00
feet to the point of beginning; thence continuing along the west right of way
line of Walnut Street, South 02E17'55"
West, a distance of 185.69 feet to a point on the north right of way line of
44th Street; thence along said north right of way line of 44th Street, North 87E43'20" West, a distance of 58.00
feet to a point of deflection; thence North 02E17'55" East, a distance of 185.74 feet to a
point of deflection; thence South 87E34'39"
East, a distance of 58.00 feet to the point of beginning. Containing 10,768.72
square feet or 0.247216 acres, more or less.
is
hereby rezoned from Districts C-2 (Local Retail Business) and R-4 (Low
Apartments) to District PD/R-4, C-2 (Planned District/Low Apartments, Local
Retail Business), all as shown outlined on a map marked Section 80-11A0354,
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 for the entire development 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 the commencement of any
construction activities.
4. 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.
5. That
the developer dedicate additional right of way for Main Street as required by
the Department of Public Works so as to provide 50 feet of right of way as
measured from the centerline of Main Street.
6. That
the developer improve the east half of Main Street to primary arterial street
standards as required by the Department of Public Works, including construction
of curb, gutter and sidewalks and installation of streetlights.
7. That
the developer enter into an agreement with City as required by the Department
of Public Works whereby the developer agrees to contribute 25% of the total
cost of installing a traffic signal at 44th Street and Main Street or a maximum
amount of $60,000.00, whichever amount is less, at such time as the Director of
the Department of Public Works determines that the traffic signal is warranted.
8. That
the developer enter into an agreement with the City as required by the
Department of Public Works whereby the developer agrees to contribute a total
of $29,346.00 for the construction of a left turn lane on southbound Main
Street based on a rate of $134.00 per lineal foot.
9. That
the developer enter into an agreement with the City as required by the
Department of Public Works whereby the developer agrees to reconstruct the Main
Street driveway to allow right in and right out movement only at such time as a
signal is installed at the intersection of 44th Street and Main Street.
10. That
the developer construct a right turn lane on the north side of 44th Street from
Main Street to the driveway shown on the development plan as required by the
Department of Public Works.
11. That
the developer submit a streetscape plan to the Department of Public Works for
approval and permitting prior to beginning any work in the Citys right of way.
12. That
the developer extend sanitary sewers as required by the Department of Public
Works.
13. That
the developer extend water mains as required by the Water Services Department.
14. That
the developer contribute a total of $17,380.00 to the Plaza Environs
Improvement Fund based on an additional 1,255 square feet at a rate of $16.00
per square foot for convenience stores with a credit for the removal of 12
apartment units at $225.00 per unit.
15. That
the developer receive the approval of the Board of Zoning Adjustment for front,
rear and side yard setback and lot area requirements.
16. That
the developer submit a street tree planting plan as part of the final plat with
a copy to be submitted to the Department of City Development, secure the
approval of the City Forester for street trees planted on right of way in front
of residential lots, and plant the street trees in conformance with the plan
approved by the City Forester. The plan shall include size, type, species and
placement of trees.
17. That
a variance to the requirement of Section 66-124(b)(2) for 110 feet average lot
depth is hereby waived for Lot 3 as shown on the development plan.
18. That
the developer submit a final plan to the City Plan Commission for approval,
including detailed information on landscaping, signage (including elevations),
screening, fencing, lighting and building elevations.
A
copy of said development plan is on file in the office of the City Clerk under
Document No. 010285, which is attached hereto and made a part hereof.
Section
B. 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:
___________________________________
Assistant
City Attorney