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Legislation #: 190311 Introduction Date: 4/18/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of about 3.83 acres generally located at 12309 State Line Road (northeast of the intersection of W. 124th Street and State Line Road) from Districts B1-1 and R-7.5 to B1-2, and approving a development plan for Peters Clothiers. (CD-CPC-2019-00009 and CD-CPC-2019-00011)

Legislation History
DateMinutesDescription
4/18/2019 Filed by the Clerk's office
4/18/2019 Referred to Planning, Zoning & Economic Development Committee
5/1/2019 Advance and Do Pass, Debate
5/2/2019 Passed

View Attachments
FileTypeSizeDescription
190311.pdf Authenticated 179K Authenticated
190311, 190312.pptx Other 10615K Presentation
Peter Clothiers Traffic Memo.pdf Other 333K Traffic Memo
_Combined Plans 3-29-19 for PZED.pdf Plan 60629K * development plan
CD-CPC-2019-00009 00010 00011_Factsheet.pdf Fact Sheet 396K fact sheet
Docket Map CD-CPC-2019-00011.pdf Maps 139K docket map development plan
Docket Map CD-CPC-2019-00009 Exhibit A.PDF Maps 133K docket map rezoning
CD-CPC-2019-00009 00010 00011_Peters Clothiers_StaffReport PZED 03-18-.pdf Staff Report 166K staff report
* - Attachment is too large for LiveWeb to display.

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ORDINANCE NO. 190311

 

Rezoning an area of about 3.83 acres generally located at 12309 State Line Road (northeast of the intersection of W. 124th Street and State Line Road) from Districts B1-1 and R-7.5 to B1-2, and approving a development plan for Peters Clothiers. (CD-CPC-2019-00009 and CD-CPC-2019-00011)

 

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 88-20A1190, rezoning an area of approximately 3.83 acres generally located at 12309 State Line Road, northeast of the intersection of W. 124th Street and State Line Road, from Districts B1-1 (Neighborhood Business 1 (Dash 1)) and R-7.5 (Residential 7.5) to B1-2 (Neighborhood Business 1 (Dash 2)), said section to read as follows:

 

Section 88-20A1190. That an area legally described as:

 

All that part of Fractional Section 18, Township 47 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of said Fractional Section 18; thence South 0 degrees 05 minutes 24 seconds West, along the West line of said Fractional Section 18, a distance of 349.75 feet to the southwest corner of Lot 4, Granville Thomason’s Addition, a platted subdivision of land in the City of Kansas City, Jackson County, Missouri; thence South 86 degrees 37 minutes 40 seconds East, along the south line of said Lot 4, a distance of 59.78 feet to the southwest corner of Lot 2, McGilley’s Addition-1st Replat, a platted subdivision of land in the City of Kansas City, Jackson County, Missouri, said point also being the point of beginning; thence continuing South 86 degrees 37 minutes 40 seconds East, along the south plat line of said McGilley’s Addition-1st Replat, a distance of 422.51 feet; thence South 00 degrees 00 minutes 16 seconds West, a distance of 248.54 feet; thence South 61 degrees 15 minutes 13 seconds West, a distance of 482.10 feet to a point on the east right-of-way line of State Line Road, as now established; thence North 0 degrees 06 minutes 18 seconds East, along the east right-of-way line of said State Line Road, a distance of 4.05 feet; thence North 58 degrees 03 minutes 43 seconds East, a distance of 170.00 feet; thence North 57 degrees 57 minutes 48 seconds East, a distance of 69.50 feet; thence North 9 degrees 25 minutes 45 seconds West, a distance of 72.53 feet; thence North 30 degrees 06 minutes 13 seconds West, a distance of 54.23 feet; thence North 89 degrees 59 minutes 44 seconds West, a distance of 163.65 feet to a point on the east right-of-way line of said State Line Road; thence North 0 degrees 06 minutes 18 seconds East, along the east right-of-way line of said State Line Road, a distance of 255.52 feet to the point of beginning, containing 2.8382 acres, more or less, of unplatted land.

 

is hereby rezoned from Districts B1-1 (Neighborhood Business 1 (Dash 1)) and R-7.5 (Residential 7.5) to B1-2 (Neighborhood Business 1 (Dash 2)), all as shown outlined on a map marked Section 88-20A1190, 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.                  The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved plan has been installed in accordance with the plan and is healthy prior to certificate of occupancy.

 

2.                  Prior to issuance of a final certificate of occupancy, a sealed letter by a licensed engineer shall be submitted, stating that photometrics on the site comply with the approved photometric plan.

 

3.                  The developer shall submit a final stream buffer plan to the Land Development Division for approval prior to issuance of any building permits and obtain permits for the stream buffer prior to removal of any mature riparian species within the buffer zones due to construction activities on the site, in accordance with the Section 88-415 requirements prior to recording the plat or issuance of a building permit, whichever occurs first.

 

4.                  The developer shall dedicate additional right-of-way for State Line Road as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 50 feet of right-of-way as measured from the centerline, along those areas being platted, or seek approval recommendations from the Transportation and Development Committee for any variances requested to the Major Street Plan prior to City Plan Commission approval.

 

5.                  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.

 


6.                  The developer shall grant on City approved forms, a stream buffer easement to the City or show and label the final stream buffer zones on the subdivision plat within a private open space tract, as required by Chapter 88 and the Land Development Division, prior to issuance of any stream buffer permits.

 

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

 

8.                  The developer shall obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.

 

9.                  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 owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

10.              The developer shall submit a preliminary stream buffer plan prior to approval of the special use/development/rezoning plan in accordance with the Section 88-415 requirements.

 

11.              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.

 

12.              The developer shall pay impact fees as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division.

 

13.              The owner/developer shall submit plans for grading, siltation, and erosion control to the Land Development Division for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

14.              The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

15.              The developer shall submit a storm drainage analysis, from a Missouri-licensed civil in accordance with the latest adopted version of APWA 5600 standards to ensure no increase in the 10% or 1% rates or volumes, including a BMP level of service analysis per the latest adopted version of the MARC BMP Manual and the developer shall construct any improvements as required.

 

16.              Domestic water and fire service lines must be brought in compliance with current Kansas City, Missouri Rules and Regulations for Water service lines.

 

17.              A new fire hydrant is anticipated along State Line Road to maintain max 300’ between fire hydrants.

 

18.              The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way of State Line Road.

 

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