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Legislation #: 200276 Introduction Date: 4/9/2020
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately .66 acres generally located at 1420 Prospect Avenue from Districts B4-5 and R-1.5 to District MPD and approving a development plan to allow for a drive-through restaurant. (CD-CPC-2020-00017)

Legislation History
DateMinutesDescription
4/9/2020 Filed by the Clerk's office
4/9/2020 Referred to Neighborhood Planning and Development Committee
4/15/2020 Advance and Do Pass as a Committee Substitute, Debate
4/16/2020 Passed as Substituted

View Attachments
FileTypeSizeDescription
Authenticated Ordinance 200276.pdf Authenticated 222K Authenticated Ordinance
200276 cs to org ord-com.docx Compared Version 33K Colored Compared
CD-CPC-2020-00017_PowerPoint_NPD.pptx Other 29131K PowerPoint
Exhibit A.pdf Maps 845K Docket Map
CD-CPC-2020-00017_Fact Sheet.docx Fact Sheet 23K Fact Sheet
Full Plan Set.pdf Plan 7073K Plan Set
CD-CPC-2020-00017_StaffReport_04-07-20.pdf Staff Report 253K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 200276

 

Rezoning an area of approximately .66 acres generally located at 1420 Prospect Avenue from Districts B4-5 and R-1.5 to District MPD and approving a development plan to allow for a drive-through restaurant. (CD-CPC-2020-00017)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-201231, rezoning an area of approximately .66 acres generally located at 1420 Prospect Avenue from Districts B4-5 (Heavy Business 4 dash 5) and R-1.5 (Residential 1.5) to District MPD (Master Planned Development), said section to read as follows:

 

Section 88-20A1231. That an area legally described as:

 

TRACT ONE: Tract 1-1 that part of Lots 17 and 18, and of the West 1/2 of the vacated alley lying adjacent to, and to the east of, said lots, Block D, Kate Goodin Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, described as follows: Beginning at a point 40 feet north and 7 feet east of the southeast corner of said Lot 17; said point being in the centerline of said vacated alley; thence south 40 feet along said centerline; thence west along the south line of said Lot 17 and its easterly prolongation a distance of 131.65 feet to the southwest corner of said Lot 17; thence northeasterly to a point that is a distance of 19.5 feet west from the point of beginning; thence east 19.5 feet to the point of beginning. Tract 1-2: the south 15 feet of lot 7 and all of Lots 8, 9, 10, 11 and 12, and the East 1/2 of the vacated alley lying adjacent to, and to the west of, said lots, Block D, Kate Goodin Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

TRACT TWO: Lots 15 and 16, Block D, Kate Goodin Place a subdivision in Kansas City, Jackson County, Missouri together with the West 1/2 of the vacated alley lying east and adjacent thereto.

 

is hereby rezoned from Districts B4-5 (Heavy Business 4 dash 5) and R-1.5 (Residential 1.5) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1231, 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 in accordance with Section 88-20 thereof.

 


 

Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:

 

1.                    In the development plan summary on Page 2, developer shall provide a list of uses allowed within the MPD zoning. If the allowed uses are intended to correspond with an established zoning district, this must be stated on the plan.

 

2.                    Fire hydrant(s) are required within 400 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building. The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required. This distance may be increased to 600 feet for R-3 and U occupancy(s) or the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC- 2012: § 507.5.1)

 

3.                    That the east-half of Wabash Avenue shall be improved to City standards as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road, and obtaining required permits from the Land Development Division for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

4.                    The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, that identifies sidewalks, curbs, and gutters in disrepair as defined by Public Works Department’s "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 11/5/2013" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.

 

5.                    After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right- of-way dedications for the planned project without the prior written consent of the Land Development Division.

 

6.                    If there exists more than 30 feet of right-of-way, as measured from centerline of Prospect Avenue, from the south property line of the subject property to Truman Road, the Developer shall enter into an agreement, at the time it replats the subject property, providing for the future dedication of right-of-way sufficient to match, in equal width to the right-of way from the south property line of the subject property to Truman Road. The dedication of any such right-of-way shall occur at such time as any structures or encroachments, within 40 feet of the centerline of Prospect Avenue, from the south property line of the subject property to Truman Road, are removed.

7.                    The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

8.                    The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach.

 

9.                    The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

10.                 The developer shall integrate into the existing streetlight system any relocated existing streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights must comply with all adopted lighting standards.

 

11.                 The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.

 

12.                 The developer shall secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Land Development Division, prior to recording the plat or issuance of a building permit, whichever occurs first.

 


 

13.                 The developer shall grant a BMP and/or surface drainage easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

 

14.                 After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.

 

15.                 The developer shall subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, prior to issuance of any construction permits within said right-of-way, and that the developer shall be responsible for all costs associated with subordination activities now and in the future.

 

16.                 The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division evaluating proposed improvements and impact to drainage conditions. Since this project is within a "Combined Sewer Overflow" (CSO) district, the project shall be designed to retain rainfall of 1.5 inch depth over the entire site to simulate natural runoff conditions and reduce small storm discharge to the combined sewer system and manage the 10-year storm and 100-year storm per currently adopted APWA standards. The analysis shall be submitted, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to recording the plat.

 

17.                 The developer shall submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.

 

18.                 Stormwater management facilities, including but not limited to detention basins and BMPs, shall be privately maintained and covered by maintenance covenant(s) or easement(s) that include provisions for private maintenance.

 

19.                 Prior to issuance of any construction permits within a "Combined Sewer Overflow" (CSO) district, the developer shall submit, for review and acceptance, a storm drainage study, sealed by a Missouri licensed civil engineer, showing detention of the 1.5 inch rainfall depth over the entire disturbed area and release of said volume over a 40- to 72-hour period (unless infiltrated, evaporated, or used in some other manner) in addition to management of the rate and volume of stormwater runoff from the 10% and 1% storms per the latest adopted version of APWA 5600 standards in effect at the time of submission. The developer shall construct improvements necessary to reduce small storm discharges to the combined sewer system by simulating natural runoff conditions through metered release of the 1.5 inch detention volume and mitigate impacts from rate and volume of 10% and 1% storm runoff from the site.

 

20.                 Domestic water and fire service lines must meet current Kansas City, Missouri, Rules and Regulations for Water service lines. (https://www.kcwater.us/wp-content/uploads/2019/04/2018-Rules-and-Regulations-for-Water- Service-Lines.pdf)

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is 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 and Development Code have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney