KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 150410 Introduction Date: 5/28/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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).

Legislation History
DateMinutesDescription
5/28/2015 Filed by the Clerk's office
5/28/2015 Referred to Planning, Zoning & Economic Development Committee
6/3/2015 Advance and Do Pass, Debate
6/4/2015 Passed

View Attachments
FileTypeSizeDescription
150410.pdf Authenticated 443K Authenticated
C006720P18_SectionMap.pdf Exhibit 1594K Exhibit A
C006720P19_STAFFRPT_04_21_15.pdf Staff Report 173K Staff Report
C006720P19_FACTSHT.pdf Fact Sheet 193K Fact Sheet

Printer Friendly Version

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

+