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.

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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