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Legislation #: 200235 Introduction Date: 3/26/2020
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 1.11 acres generally located at the southeast corner of W. 76th Street and State Line Road from District R-2.5 to District B3-2, in order to construct a drive-through restaurant of about 2,300 square feet and non-accessory parking. (CD-CPC-2019-00239; CD-CPC-2020-00002; CD-CPC-2020-00003)

Legislation History
DateMinutesDescription
3/26/2020 Filed by the Clerk's office
3/26/2020 Referred to Neighborhood Planning and Development Committee
4/8/2020 Hold On Agenda (4/15/2020)
4/15/2020 Advance and Do Pass, Debate
4/16/2020 Passed

View Attachments
FileTypeSizeDescription
Authenticated Ordinance 200235.pdf Authenticated 229K Authenticated Ordinance
04-15-20_NPD.pptx Other 7693K PPT
76th and State Line Rd LEGAL DESCRIPTION.docx Legal Description 13K Legal Description
Exhibit A.pdf Maps 1542K Exhibit A
11.1_11.2_11.3_CD-CPC-2019-00239_00002_00003_CPCSTAFFRPT_2-18-20.pdf Staff Report 7840K Staff Report
Revised plan -3-4-2020_20.03.03_Lions Choice_Development Plan.pdf Plan 6572K Plan Set
PPT.pptx Other 7648K PowerPoint
REZONING_ORDREQ.docx Request for Ordinance 27K Ordinance Request
Fact Sheet.docx Fact Sheet 41K Fact Sheet

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ORDINANCE NO. 200235

 

Rezoning an area of approximately 1.11 acres generally located at the southeast corner of W. 76th Street and State Line Road from District R-2.5 to District B3-2, in order to construct a drive-through restaurant of about 2,300 square feet and non-accessory parking. (CD-CPC-2019-00239; CD-CPC-2020-00002; CD-CPC-2020-00003)

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 88-20A1228, rezoning an area of approximately 1.11 acres generally located at the southeast corner of W. 76th Street and State Line Road from District R-2.5 (Residential 2.5) to District B3-2 (Community Business 2), said section to read as follows:

 

Section 88-20A1228. That an area legally described as:

 

All of Lots 1-5, Block 25, Meadow Lake, a subdivision of land in the Northwest Quarter of Section 18, Township 48 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri recorded as Document No. A943224 in Book 26 at page 64 in Jackson County Recorder of Deeds Office and part of Lot A, Block 25, of said Meadow Lake which is described as Tract 3, in Special Warranty Deed by Instrument No. 2007E0122507 recorded in said Jackson County Recorder of Deeds Office, being bounded and described by or under the direct supervision of Jeffrey P. Means, P.L.S. 2000147866, as follows: Beginning at the northwest corner of said Lot 1, Block 25 also being the intersection of the existing easterly right-of-way line of State Line Road, as displayed on the recorded plat of said, Meadow Lake and the existing southerly right-of-way line of 76th Street, as displayed on said recorded plat of Meadow Lake; thence leaving said existing easterly right-of-way line, South 89 degrees 23 minutes 51 seconds East on said existing southerly right-of-way line also being the north line of said Lots 1-5, block 25, a distance of 433.12 feet to the northeast corner of said Lot 5, Block 25, also being the northwest corner of Lot 1, Block 3, Meadow Lake Annex No. 1 a subdivision of land in said Kansas City recorded as Document No. A894304 in Book 26 at page 10 in said Jackson County Recorder of Deeds Office, thence leaving said existing southerly right-of-way line, and said north line, South 00 degrees 34 minutes 07 seconds West, on the east line of said Lot 5, Block 25, also being the west line of said Lot 1, Block 3 and also being the west line of Lot 2 of said Block 3, a distance of 124.37 feet to the southeast corner of Lot 5, Block 25, also being the southwest corner of said Lot 2, Block 3 also being a point on the north line of Lot 6, of said Block 25; thence leaving said east line and said west line, North 86 degrees 26 minutes 49 seconds West on the north line of said Lot 6, Block 25 also being the south line of Lots 2-5 also being the north line of said Lot A, Block 25 and the north line of Tract 1 as described by said Special Warranty Deed, 244.53 feet to the northwest corner of said Tract 1 also being the northeast corner of said Tract 3; thence leaving said south line and said north line, South 00 degrees 32 minutes 41 seconds West on the west line of said Tract 1 also being the east line of said Tract 3, a distance of 40.06 feet to the southeast corner of said Tract 3; thence North 86 degrees 26 minutes 49 seconds West, on the south line of said Tract 3, a distance of 189.17 feet to the southwest corner of said Tract 3 also being a point on said existing easterly right-of-way line also being a point on the west line of said Lot A, Block 25; thence North 00 degrees 33 minutes 31 seconds East on the west line of said Lot A, Block 25 also being the west line of said Tract 3, also being the west line of said Lot 1, Block 25 also being said existing easterly right-of-way line, 142.10 feet to the point of beginning. Containing 56,600 square feet or 1.30 acres, more or less.


is hereby rezoned from District R-2.5 (Residential 2.5) to District B3-2 (Community Business 2), all as shown outlined on a map marked Section 88-20A1228, 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.                  All proposed non-accessory parking in Lots 1, 2, and 3 shall be limited to serve the primary use on the same lot or the adjacent lots.

 

2.                  All proposed signage is subject to sign permits and shall comply with 88-445.

 

3.                  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 certificate of occupancy.

 

4.                  The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way.

 

5.                  Follow the Kansas City, Missouri Rules and Regulations for new domestic water, fire service lines and service kills. (https://www.kcwaterservices.org/wp-content/uploads/2018/07/2018-Rules-and-Regulations-for-Water-Service-Lines.pdf)

 

6.                  The developer shall provide a cross access easement to the City for the shared entrance to access property crossing property owned by others to the preliminary and final plat prior to request of ordinance.

 

7.                  The developer shall integrate into the existing streetlight system any relocated existing streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights shall comply with all adopted lighting standards.

 

8.                  The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.

 

9.                  The 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.

 

10.              The developer shall enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division, prior to recording the plat. If a detention basin is constructed to serve multiple lots it must be platted in a separate detention tract and have a Covenant to Maintain Storm Water Detention Facilities.

 

11.              The developer shall submit a macro storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer to the Land Development Division showing compliance with current adopted standards in effect at the time of submission, including water quality BMP’s, to the Land Development Division for review and acceptance for the entire development area, and submit micro storm drainage study with each subsequent plat or phase showing compliance with the approved macro and adopted standards. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Land Development Division.

 

12.              The developer shall dedicate additional right-of-way for State Line Road as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 50 feet of right-of-way as measured from the centerline, along those areas being platted, or seek approval recommendations from the Transportation and Development Committee for any variances requested to the Major Street Plan prior to the City Plan Commission approval.

 

13.              The developer shall submit construction plans in compliance with adopted standards for all improvements required by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.

 

14.              That the south half of W. 76th Street shall be improved as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road and obtaining required permits from the Land Development Division for said improvement prior to recording the plat or prior to issuance of a building permit, whichever occurs first.

 

15.              The developer shall 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.

 

16.              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, prior to issuance of any construction permits within said right-of-way, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

17.              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.

 

18.              The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage, and construct associated ADA ramps at the proposed entrance drives as necessary for the type of drive approach.

 

19.              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.

 

20.              Stormwater management facilities, including but not limited to detention basins and BMPs, shall be privately maintained and covered by maintenance covenant(s) or easement(s) that include provisions for private maintenance.

 

21.              Prior to issuance of any construction permits, the developer shall submit, for review and acceptance, a storm drainage study, sealed by a Missouri-licensed civil engineer, showing compliance with the latest adopted version of APWA 5600 standards in effect at the time of submission, including water quality BMPs per the latest adopted version of the MARC BMP Manual. The developer shall construct improvements necessary to mitigate impacts from rate, volume (10% and 1% storms at a minimum), and quality of stormwater runoff from the site.

 

22.              The developer shall grant to the City BMP easement(s), to cover water quality management facilities, and/or surface drainage easement(s), to cover engineered surface water conveyance paths outside of right-of-way, prior to issuance of any construction permits for said improvements.

 

23.              The developer shall obtain a waiver of the required 50-foot right-of-way of State Line Road and remain its current width of 30 feet.

 

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