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Legislation #: 140986 Introduction Date: 11/13/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Approving a development plan on about 2.5 acres generally located north of Indian Creek and approximately 200 feet south of West 101st Terrace between Wornall Road on the east and Washington Street on the west in zoning district B2-2, to allow a convenience store with gasoline and fuel sales use. (4612-P-12)

Legislation History
DateMinutesDescription
11/13/2014 Filed by the Clerk's office
11/13/2014 Referred to Planning, Zoning & Economic Development Committee
12/3/2014 Do Pass as a Committee Substitute
12/4/2014 Assigned Third Read Calendar as Substituted
12/11/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140986.pdf Authenticated 290K Authenticated
140986 Compared.pdf Compared Version 30K Compared Version
C004613P12_Protest Petition Map.pdf Maps 747K Protest Petition Map
C004613P12_DocketMapPZE.pdf Maps 1244K Docket Map
C004613P12_CPC Approved Plans_11.26.14.pdf Plan 6503K Plans
C004613P11_ _C004613P12_PROTEST PETITION.pdf Petition 1305K Protest Petition
C004613P11_ _C004613P12_FACTSHEET.pdf Fact Sheet 282K Fact Sheet
140986 Petition of Protest.pdf Petition 285K 140986 Petition of Protest

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140986

 

Approving a development plan on about 2.5 acres generally located north of Indian Creek and approximately 200 feet south of West 101st Terrace between Wornall Road on the east and Washington Street on the west in zoning district B2-2, to allow a convenience store with gasoline and fuel sales use. (4612-P-12)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a development plan is hereby approved in Zoning District B2-2 (Neighborhood Business 2) to allow for a convenience store with gasoline and fuel sales use on about 2.5 acres generally located north of Indian Creek and approximately 200 feet south of West 101st Terrace between Wornall Road on the east and Washington Street on the west, and more specifically described as follows:

 

All of Lot 1 and part of Lot 2, QuikTrip at Indian Creek Lots 1 and 2, a Lot Split Certificate of Survey, recorded August 20, 1997 as Document No. 1997K0039475, in Book S6 at Page 7, and all of Lots 3 and 4, BAKER ACRES, a subdivision of land recorded November 8, 1954 as Document No. 1954K0140362, in Book 28, at Page 161, all in the Northeast Quarter of Section 31 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 Northeast corner of said Lot 1, said point also being on the West right of way line of Wornall Road as now established; thence South 02 degrees 16 minutes 29 seconds West, along the East line of Lot 1 and Lot 2 of said Lot Split and along said West right of way line, 354.08 feet to the Northeast corner of a 25 feet wide tract of land dedicated for parkland by QuikTrip at Indian Creek, a subdivision of land recorded August 12, 1997 as Document 1997K0037639, in Book 39, at Page 74; thence North 87 degrees 17 minutes 34 seconds West, along the North line of said tract, 211.49 feet to the Northwest corner thereof, said point also being on the West line of Lot 2 of said Lot Split Survey and on the East line of Lot 5, said Baker Acres, thence North 02 degrees 16 minutes 29 seconds East, along last said West and East lines, 103.75 feet to the Southeast corner of said Lot 4, Baker Acres; thence North 86 degrees 59 minutes 54 seconds West, along the South line of said Lot 4, 107.00 feet to the Southwest corner thereof, said point also being on the East right of way line of Washington Street as established by said plat; thence North 02 degrees 16 minutes 29 seconds East, along said East right of way line and along the West line of said Lot 4 and said Lot 3, Baker Acres, 282.00 feet to the Northwest corner of said Lot 3; thence South 86 degrees 59 minutes 54 seconds East, along the North line of said Lot 3, 107.00 feet to the Northeast corner thereof; thence South 02 degrees 16 minutes 29 seconds West, along the East line of said Lot 3, 31.45 feet to the Northwest corner of Lot 1 of said Lot Split Survey; thence South 87 degrees 13 minutes 59 degrees East, along the North line of said Lot 1, 211.49 feet to the Point of Beginning. Containing 105,079 square feet or 2.41 acres, more or less.

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, commonly known as the Zoning and Development Code, by making application under said code for a minor subdivision and submitting and recording a Lot Consolidation Plat or replatting the property in accordance therewith.

 

2. That the developer submit a detailed micro storm drainage study in general compliance with adopted standards, including a BMP level of service analysis for any disturbance area of redevelopment (not including maintenance of existing impervious surfaces), consisting at a minimum of a Missouri licensed civil engineer sealed study analyzing and stating that the proposed improvements will not alter or increase historical (existing) runoff conditions (patterns, flow rates, or volume) for the site post construction, showing that any proposed enclosed conveyance system provides separation of storm and sanitary sewer flows and extension to appropriate connection points to the existing City sewers with hydraulic analysis provided to verify adequacy of connection, and phasing of improvements to the Land Development Division prior to approval and issuance of any building or site permits (including demolition), and that the developer secure permits to construct any improvements as required by the Land Development Division to address impacts for the redevelopment.

 

3. 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.

 

4. 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 sidewalks, curbs, and gutters in disrepair as defined by the 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 occupancy permits.

 

5. That the 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.

 

6. That the 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.

 

7. That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

8. That the developer show the limits of the 100-year floodplain on the final plat as required by the Land Development Division.

 

9. That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on any plat and plan as required by the Land Development Division.

 

10. That the developer enter into a cooperative agreement with the City prior to the issuance of a building permit under which the developer would agree to contribute $55,000.00 to construct curbs, gutters and sidewalks along Washington Street, south 101st Terrace when the City upgrades said street.

Section B. 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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney