ORDINANCE NO. 250136
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Sponsor: Mayor Pro Tem Ryana Parks-Shaw
Amending Ordinance No. 220656 which approved a preliminary plat in District MPD on about 24.24 acres generally located at E. 52nd Terrace and Belmont Avenue by repealing condition 8 contained in Section A of the Ordinance, which required the developer to enter into a secured deferral agreement for street improvements to Belmont Avenue, and replacing it with a new condition concerning future improvements to Belmont Avenue.
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WHEREAS, on August 11, 2022, the City Council passed Ordinance No. 220656 which approved a preliminary plat in District MPD (Master Planned Development) on about 24.24 acres generally located at E. 52nd Terrace and Belmont Avenue; and
WHEREAS, condition 8 of the Ordinance required the developer to enter into a secured deferral agreement for street improvements to Belmont Avenue along the platted frontage of the property; and
WHEREAS, it has now become apparent that improvements to Belmont Avenue are no longer required for safe and adequate access to the subdivision; and
WHEREAS, the City Council desires to remove condition 8 from the preliminary platting requirements and replace it with a new condition concerning future improvements to Belmont Avenue; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Ordinance No. 220656, passed August 11, 2022, is hereby amended by repealing condition 8 contained in Section A of the ordinance and replacing it with a new condition 8 to read as follows:
8. The City shall be responsible for half street improvements along the western frontage of Belmont Avenue from E. 52nd Terrace until Belmont Avenue terminates to the north, for a total of 306.08 feet, only if future development requires public improvements to serve any proposed development at the northern terminus of Belmont Avenue. The City shall not be responsible for half street improvements for any properties in conjunction with the Halo Village Master Planned Development. No improvements shall be required if Belmont Avenue is vacated pursuant to Chapter 88 of the Code of Ordinances.
Section B. That all other sections and conditions of Ordinance No. 220656 not repealed shall remain in full force and effect.
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Approved as to form:
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Sarah Baxter
Senior Associate City Attorney