SECOND
COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190886
Rezoning about 0.5 acres
generally located on the east side of Broadway Boulevard between West 37th
Street to the north and West 38th Street to the south from Districts B4-5 and
R-1.5 to District B2-1, and approving a development plan on about 1 acre, to
allow for the renovation and expansion of a McDonald’s restaurant drive-through.
(CD-CPC-2018-00227)
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 88-20A1216, rezoning an area of approximately
0.5 acres generally located on the east side of Broadway Boulevard between West
37th Street to the north and West 38th Street to the south rezoning from Districts
B4-5 (Heavy Business/Commercial) and R-1.5 (Residential) to District B2-1 (Neighborhood
Business), said section to read as follows:
Section 88-20A1216. That an area legally described as:
The West 45 feet of
Lots 8, 9, 10, 11 and 12, the North 9.17 feet of Lot 13, and all of Lots 14, 15
and 16, all in Block 24, Corrected Plat of Blocks 23 and 24 of Hyde Park, a
subdivision in Kansas City, Jackson County, Missouri.
is hereby rezoned from Districts B4-5
(Heavy Business/Commercial) and R-1.5 (Residential) to District B2-1 (Neighborhood
Business), all as shown outlined on a map marked Section 88-20A1216, 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
a digital copy of the plans, revised as noted below, be uploaded to CompassKC
eReview and accepted by staff, prior to ordinance request for City Council.
a.
If
the total area of new impervious area exceeds 10,000 square feet, 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 prior to issuance of any building permits, and the developer shall
secure permits to construct any improvements required by the Land Development
Division prior to issuance of any certificate of occupancy. If the area is less
than 10,000 square feet, submit a storm drainage letter stating that Storm
Water Management should be exempted for the project.
b.
Abandon
service line 170416 and replace the 11092 service line and bring it up to current
standards according to Kansas City, Missouri Rules and Regulations for water
service lines.
2.
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 a certificate of occupancy.
3.
All
signage shall comply with Section 88-445 of the Zoning and Development Code.
4.
The
developer shall submit a letter to the Parks and Recreation Department from a
licensed civil engineer, licensed architect, or licensed landscape architect,
who is registered in the State of Missouri, stating the condition of the
sidewalks, curbs, and gutters along Broadway Boulevard. The letter shall identify
state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the
sidewalks, curbs, and gutters. It shall identify the quantity and location of
sidewalks, curbs, and gutters that need to be constructed, repaired, or
reconstructed. 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 Parks and Recreation Department, prior to
recording the plat and issuance of any certificate of occupancy permits,
including temporary certificate of occupancy permits.
5.
The
developer shall submit plans to the Parks and Recreation Department and obtain
permits prior to beginning construction of streetscape improvements (including
but not limited to sidewalks, curbs, gutters, streetscape elements, pedestrian
and street lighting) on the Parks jurisdictional streets and construct
improvements and ADA compliant ramps at all required locations where new
private drives are being added,
or where existing
sidewalks are modified or repaired. Such improvements shall be installed per
Parks and Recreation Department standards.
6.
The
developer shall use the Parks and Recreation Department approved site
furnishings within Broadway Boulevard.
7.
Prior
to construction adjacent to Broadway Boulevard, the developer and/or their
representative shall obtain a parks permit for storage and restoration of
right-of-way, including but not limited to the installation of construction
trailer, stockpiling of materials or equipment, construction of roads, and
utility cabinets/meters.
8.
The
developer shall submit a streetscape plan per 88-245-03 for approval and
permitting by the Parks and Recreation Department’s Forestry Division prior to
beginning work in the public right-of-way of W. 38th Street and Central Avenue.
9.
The
developer shall replace the three trees along Broadway Boulevard with new
approved street trees prior to a certificate of occupancy.
10.
The
developer shall comply with further conditions related to the sidewalk as
agreed upon with City Planning and Development, and shall make necessary plan
amendments prior to building permit issuance.
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