ORDINANCE NO. 150410
Rezoning a 3 acre tract of land
generally located at the northwest corner of E. 87th Street and Fremont Avenue
to consider rezoning property from Districts R-7.5 and UR to District B2-2, and
approving a development plan to allow for a gasoline and fuel sales use.
(6720-P-18 & 6720-P-19).
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 88-20A1010, rezoning an area of approximately 3
acres generally located at the northwest corner of E. 87th Street and Fremont
Avenue to consider rezoning the property from Districts R-7.5 (Residential dash
7.5) and UR (Urban Redevelopment) to District B2-2 (Neighborhood Business dash
2), said section to read as follows:
Section 88-20A1010. That an area legally described as:
The South 15.00
feet of Lot 3, all of Lot 4 and all of Lot 5, Kenning Heights, a subdivision of
land recorded in Document No. B-136855, in Book 28, Page 155; The East 25.00
feet of Lot 1B, 87th Street Gardens Replot of Lot 1, also known as "Lot
1B, 87th Street Gardens Replat of Lot 1", a subdivision of land recorded
in Document No. 2002K0051844, in Book K40, at Page 85; Part of the East 25.00
feet of Lot 1A, said 87th Street Gardens Replot of Lot 1, also known as
"Lot 1A, 87th Street Gardens Replat of Lot 1"; all located in the
Northwest Quarter of Section 24, Township 48 North, Range 33 West of the 5th
Principal Meridian in Kansas City, Jackson County, Missouri being bounded and
described as follows: Beginning at the Southeast corner of said Lot 5, said
point also being at the intersection of the West right of way line of Fremont
Avenue, and the North right of way line of East 87th Street; thence North
86°46'40" West, (Deed=North 86 degrees 49 minutes 06 seconds West), along
the South line of said Lot 5, and said North right of way line, 275.52 feet;
(Deed=275.51 feet) to the Southwest corner of said Lot 5; thence North 02
degrees 11 minutes 26 seconds East, (Deed=North 02 degrees 07 minutes 57
seconds East) along the West line of said Lot 5, and along a jog in said
Northerly right of way line, 10.00 feet to the Southeast corner of said Lot 1B;
thence North 86 degrees 48 minutes 02 seconds West, along the South line of
said Lot 1B, and said Northerly right of way line, 25.00 feet to a point on a
line that is 25.00 feet Westerly of and parallel with the East line of said Lot
1B and said Lot 1A, as measured at right angles thereto; thence North 02
degrees 11 minutes 26 seconds East, along said parallel line, 372.11 feet to
the North line of said Lot 1A; thence South 86 degrees 47 minutes 09 seconds East,
along said North lot line, 25.00 feet to the East line of said Lot 1A and the
West line of Lot 4, said Kenning Heights; thence North 02 degrees 11 minutes 26
seconds East, along the West line of said Lot 4, and along the West line of
said Lot 3, Kenning Heights, 24.67 feet to a point on the North line of the
South 15.00 feet of said Lot 3; thence South 86 degrees 46 minutes 40 seconds
East, along said North line, 210.26 feet to a point on the Easterly line of
said Lot 3, said point also being on the Westerly right of way line of said
Fremont Avenue; thence South 18 degrees 21 minutes 59 seconds East, (Deed=South
18 degrees 19 minutes 17 seconds East), along said Westerly right of way line
and along the Easterly line of said Lots 3, 4 and 5, Kenning Heights, 185.81
feet to an angle point in said Westerly right of way line and in the Easterly
line of said Lot 5; thence South 02 degrees 11 minutes 26 seconds West,
(Deed=South 02 degrees 07 minutes 45 seconds West), along said Easterly lot
line and said Westerly right of way line, 233.97 (Deed=233.76 feet) to the
Point of Beginning. Containing 115,721 square feet or 2.657 acres, more or
less.
is hereby rezoned from Districts
R-7.5 (Residential dash 7.5) and UR (Urban Redevelopment) to District B2-2
(Neighborhood Business dash 2), all as shown outlined on a map marked Section
88-20A1010, 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.
That the developer cause the area
to be platted and processed in accordance with Chapter 88, Code of Ordinances
of the City of Kansas City, Missouri, as amended, by making application under
said code for a Minor Subdivision and submitting and recording a Lot Line
Adjustment Plat or replatting the property in accordance therewith prior to
issuance of building permit.
2.
That the developer submit a
detailed Storm Drainage Study, in general compliance with adopted standards,
including a BMP level of service analysis, prior to approval and issuance of
any building permits, that the developer make on-site improvements and/or
improve downstream conveyance systems to address impacts and changes in flow
characteristics leaving the site and that the developer construct any other
improvements as required by the Land Development Division or the Water Service
Department as necessary to mitigate final runoff rate, volume, and quality of
runoff from the proposed site for each phase being constructed.
3.
That the developer dedicate
additional right of way for E. 87th Street as required by the adopted Major
Street Plan so as to provide a minimum of 50 feet of right of way as measured
from the centerline, and ensure that right of way dedication is adequate for
any proposed road improvements, as required by the Public Works Department,
adjacent to this project.
4.
That the developer dedicate
additional right of way for Fremont Avenue as required by Chapter 88 so as to
provide a minimum of 25 feet of right of way as measured from the centerline,
and ensure that right of way dedication is adequate for any proposed road
improvements, as required by the Public Works Department, adjacent to this
project.
5.
That the west half of Fremont
Avenue shall be improved to Local standards as required by the Land Development
Division, including sidewalks, streetlights, etc., as may be required to
complete the west half section to current standards including relocating any
utilities as may be necessary, obtaining required permit for said improvement, prior to issuance of any certificate of occupancy.
6.
That the developer pay impact fees
as required by Chapter 39 of the City’s Code of ordinances as required by the
Land Development Division.
7.
That the developer 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.
8.
That the developer 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,
and that the owner/developer be responsible for all costs associated with
subordination activities now and in the future.
9.
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.
10.
That the developer 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, identifying curbs, and gutters in disrepair as defined by Public
Works Department’s "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB
revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of
Ordinances, for the 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
Land Development Division and prior to issuance of any certificate of occupancy
permits including temporary certificate occupancy permits.
11.
That the developer secure permits
to construct new sidewalks as necessary along all development street frontages
in accordance with Chapters 56 and 64, Code of Ordinances, as required by the
Land Development Division, prior to issuance of any certificate of occupancy.
12.
That the owner/developer submit
plans for grading, siltation, and erosion control to the Land Development
Division for review, acceptance, and permitting for any proposed disturbance
area equal to one acre or more prior to beginning any construction activities.
13.
That the owner/developer secure a site
disturbance permit from the Land Development Division prior to beginning any
construction, grading, clearing, or grubbing activities, if the disturbed area
equals one acre or more during the life of the construction activity.
14.
That the developer verify vertical
and horizontal sight distance for the Fremont Avenue
access and make improvements to ensure local jurisdiction and/or minimum AASHTO
adequate sight distance standards are met.
15.
That the developer grant on City
approved forms, BMP Easements to the City, as required by Chapter 88 and the Land
Development Division, prior to issuance of any building permits or BMP permits,
whichever occurs first.
16.
That the developer grant a City
approved pedestrian right-of-way easement, for the portions of the public
sidewalks approved to be outside of the street right-of-way, to the City as
required by the Land Development Division, prior to recording the plat.
17.
That the developer add a 150 feet
long southbound left-turn lane plus appropriate taper on Fremont Avenue at the
intersection with Hillcrest Road, utilizing said collector street right-of-way.
18.
That the developer enter into a
cooperative agreement to contribute the additional cost of adding an exclusive
southbound left-turn phase at the traffic signals at Fremont Avenue and
Hillcrest Road at such time that the Public Works Department determines it to
be necessary. It is anticipated that the contribution shall be required by the
Public Works Department at the time that Hillcrest Avenue is upgraded for the
Cerner Development Phases 1 and 2 on the south side of E. 87th Street at
Hillcrest Road, but should said Cerner development Phase 1 and 2 upgrade be
delayed, modified, or abandoned, the Public Works Department shall determine
the appropriate time for the contribution and upgrade to the traffic signals.
19.
That the developer restripe the
painted median of E. 87th Street so as to provide an eastbound two-way left
turn lane into the south driveway.
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
Ordinance 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:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney
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