COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 001309

 

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0312, rezoning an area of approximately 1 acre generally located at the northeast corner of 46th Terrace and Broadway Avenue from District R-5 (High Apartments) to District URD (Urban Redevelopment District), and approving a development plan for the same. (11105-URD-2)

 

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 80-11A0312, rezoning an area of approximately 1 acre generally located at the northeast corner of 46th Terrace and Broadway Avenue from District R-5 (High Apartments) to District URD (Urban Redevelopment District), said section to read as follows:

 

Section 80-11A0312. That an area legally described as:

 

TRACT 1: Lot 31, Wornall Park, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

TRACT 2: Lot 56, except the south 5 feet thereof conveyed to the City of Kansas City for right of way purposes in the deed filed August 18, 1987, in Book K-1714 at page 1945, as Document No. K-790144, Wornall Park, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

TRACT 3: Units 101 through 116, inclusive; and Units 201 through 216, inclusive; and Units 301 through 316, inclusive, together with the undivided interests in the common element appurtenant to said Units, Broadway Plaza Condominiums, a condominium subdivision in Kansas City, Jackson County, Missouri, according to the Declaration of Covenants and Restrictions for Broadway Plaza Condominiums filed December 17, 1991, as Document No. K-1001624, in Book K-2190 at page 1939, and the condominium plat filed December 17, 1991, in Plat Book K-38 at page 52, as Document No. K-1001623.

 

is hereby rezoned from District R-5 (High Apartments) to District URD (Urban Redevelopment District), all as shown outlined on a map marked Section 80-11A0312, 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 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.

 

2. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

 

3. That the developer upgrade the sidewalks and streetlights on the east side of Broadway Avenue, on the south side of 46th Street, and on the north side of 46th Terrace as required by the Department of Public Works prior to the approval of a site plan by the Director of the Department of City Development.

 

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 enter into an agreement with the City as required by the Department of Public Works prior to the approval of a site plan by the Director of the Department of City Development whereby the developer agrees to contribute to the Plaza Environs Improvement Fund in the amount of $33,800.00 based upon a rate of $325.00 per hotel room.

 

6. That the developer improve 46th Terrace to residential street standards as required by the Department of Public Works prior to the approval of a site plan by the Director of the Department of City Development.

 

7. That the developer comply with Chapter 52, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Parking Station Ordinance with regards to all parking on site, including parking on the alleyway and the parking garage.

 

8. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding property uses, setback distances, lighting, landscaping, and architectural characteristics.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 001309, which is attached hereto and made a part hereof.

 

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.

 

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney