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Legislation #: 180199 Introduction Date: 3/22/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of about 0.3 acres generally located at the northeast corner of Prospect Boulevard and Independence Boulevard from District R-6/ICO to District B1-1/ICO, and approving a development plan to allow construction of an 11,000 square foot retail building. (14796-P-1 and 14796-P-2)

Legislation History
DateMinutesDescription
3/21/2018 Filed by the Clerk's office
3/22/2018 Referred to Planning, Zoning & Economic Development Committee
3/28/2018 Hold On Agenda (4/25/2018)
4/25/2018 Hold On Agenda (5/16/2018)
5/16/2018 Hold On Agenda (6/20/2018)
6/20/2018 Hold On Agenda (7/25/2018)
7/25/2018 Hold Off Agenda
8/7/2019 Release
8/21/2019 Released

View Attachments
FileTypeSizeDescription
180199 Fact Sheet.pdf Fact Sheet 217K Fact Sheet
180199 Ordinance.pdf Other 21K Ordinance
180199 C014796P2_Approved Plans.pdf Other 26517K Other
180199 C014796P2_Approved Plans.pdf Other 26517K Other
180199 C014796P2_DocketMap.pdf Other 714K Exhibit A
180199 C014796P2_STAFF REPORT_05-16-17.pdf Other 3906K Staff Report

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ORDINANCE NO. 180199

 

Rezoning an area of about 0.3 acres generally located at the northeast corner of Prospect Boulevard and Independence Boulevard from District R-6/ICO to District B1-1/ICO, and approving a development plan to allow construction of an 11,000 square foot retail building. (14796-P-1 and 14796-P-2)

 

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 88-20A1145, rezoning an area of approximately 0.3 acres generally located at the northeast corner of Prospect Boulevard and Independence Boulevard from District R-6/ICO (Residential 6/ Independence Corridor Overlay) to District B1-1/ICO (Neighborhood Business 1 dash 1/ Independence Corridor Overlay), said section to read as follows:

 

Section 88-20A1145. That an area legally described as:

 

Tract I: All that part of the Southwest Quarter of Section 34, Township 50, Range 33, described as follows: Beginning at a point 75 1/2 feet east of Northeast corner of Independence Boulevard and Prospect Boulevard at the center of a party wall; thence East 107 feet to a point; thence North parallel to Prospect Boulevard, 210 feet to a point; thence West parallel with the North line of Independence Boulevard, 182 1/2 feet to the East line of Prospect Boulevard; thence South 134 1/2 feet along East line of Prospect Boulevard to a point 75 1/2 feet North of North line of Independence Boulevard; thence East 75 1/2 feet parallel to Independence Boulevard to center to said party wall; thence South along the centerline of party wall to point of beginning, a tract of land in Kansas City, Jackson County, Missouri.

 

Tract II: All that part of the Southwest Quarter of the Southwest Quarter of Section 34, Township 50, Range 33, described as follows: Beginning at the Northeast corner of Independence Boulevard and Prospect Boulevard as said streets are now established; thence East along North line of Independence Boulevard 75.50 feet; thence North and parallel with Prospect Boulevard 75.50 feet to a point; thence West parallel with North line of Independence Boulevard 75.50 feet to east line of Prospect Boulevard; thence South along East line of Prospect Boulevard, 75.50 feet to point of beginning, a tract of land in Kansas City, Jackson County, Missouri.

 

Suggested Description for Overall Property: All that part of the SW 1/4 of the SW 1/4 of Section 34, Township 50, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the intersection of the North line of Independence Avenue, as now established, and the East line of Prospect Avenue, as now established; thence South 87 degrees 28 minutes 53 seconds East, along said North line, 182.50 feet to a point on the West line of Lot 1, Independence Avenue Addition, a subdivision; thence North 2 degrees 20 minutes 39 seconds East, along said West line and parallel with the East line of said Prospect Avenue, 210.00 feet; thence North 87 degrees 28 minutes 53 seconds West, 182.50 feet to a point on the East line of said Prospect Avenue; thence South 2 degrees 20 minutes 39 seconds West, along said East line, 210.00 feet to the Point of Beginning. Containing 0.88 acres, more or less.

 

is hereby rezoned from District R-6/ICO (Residential 6/ Independence Corridor Overlay) to District B1-1/ICO (Neighborhood Business 1 dash 1/ Independence Corridor Overlay), all as shown outlined on a map marked Section 88-20A1145, 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.                  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.

 

2.                  The developer shall secure permits for the sidewalks within the development at the time street improvement permits are secured. Sidewalks shall be installed per the sidewalk installation plan reviewed and accepted by the Parks and Recreation Department along Independence Boulevard and Prospect Boulevard.

 

3.                  The developer needs to remove encroachments out of Independence Boulevard and Prospect Boulevard right of way if any are planned. These encroachments include planters, bike rack, and stairs.

 

4.                  The developer shall submit a letter to the Parks and Recreation Department from a licensed civil engineer, licensed architect, licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters along Independence 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.

 

5.                  The developer shall secure permits to construct new, repair existing, or reconstruct sidewalks, curbs, and gutters as necessary along all development street frontages in accordance with Chapters 56 and 64, Code of Ordinances, as required by the Parks and Recreation Department, prior to issuance of any certificate of occupancy, as a condition of Board of Zoning Adjustment approval. Note that ADA ramps shall meet ADAG standards and Parks and Recreation and shall be directional.

 

6.                  The developer shall submit a streetscape plan with street tree planting plan for approval and permitting by the Parks and Recreation Department prior to beginning work in the public right of way.

 

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