ORDINANCE NO. 180822
Rezoning a 15 acre tract of land,
generally located at the northwest corner of I-435 and E. Bannister Road, from
District UR to District B2-2, and approving a development plan to allow for an entertainment
and spectator sport facility. (CD-CPC-2018-00113 & CD-CPC-2018-00112)
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 88-20A1167, rezoning an area of approximately 15
acres generally located at the northwest corner of I-435 and E. Bannister Road,
from District UR (Urban Redevelopment) to District B2-2 (Neighborhood Business
2), said section to read as follows:
Section 88-20A1167. That an area legally described as:
All of Lot 3, Pace, a subdivision in Kansas City, Jackson County,
Missouri. Said tract containing 638,354 square feet equal to 14.66 acres, more
or less.
is hereby rezoned from District
UR (Urban Redevelopment) to District B2-2 (Neighborhood Business 2), all as
shown outlined on a map marked Section 88-20A1167, 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.
Prior to issuance of a final certificate of occupancy, all landscaping
as shown on the approved landscape plan, including trees, plant material and
structural elements, must be in place and healthy, as certified by a sealed
letter submitted by a registered landscape architect licensed in the State of
Missouri.
2.
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.
3.
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, and the owner/developer shall be
responsible for all costs associated with subordination activities now and in
the future.
4.
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.
5.
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.
6.
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, identifying sidewalks,
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
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 Land
Development Division and prior to issuance of any certificate of occupancy
permits including temporary certificate of occupancy permits.
7.
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.
8.
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.
9.
The developer shall remove all permanent structure from water easements
as required by the Water Services Department.
10.
The developer shall ensure that water and fire service lines should meet
current Water services Department standards.
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