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Legislation #: 170409 Introduction Date: 5/25/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning an area of approximately 1.5 acres generally located at the southwest corner of Westport Road and Holly Street, extending to the west side of Mercier Street, from District B3-2 to District MPD, and approving a revised development plan that allows for gasoline and fuel sales. (14730-MPD).

Legislation History
DateMinutesDescription
5/25/2017 Filed by the Clerk's office
5/25/2017 Referred to Planning, Zoning & Economic Development Committee
5/26/2017 Public Hearing Advertised
6/14/2017 Hold On Agenda (6/28/2017)
6/28/2017 Without Recommendation As a Substitute
6/29/2017 Assigned Third Read Calendar as Substituted
7/13/2017 Councilmember Shields (Second by Justus) Move to Amend
7/13/2017 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
170409 as amd color comp.pdf Advertise Notice 21K As Amended Color Compared Version
170409 as amended.pdf Advertise Notice 263K Authenticated
170409 Compared.pdf Compared Version 142K Compared Version
170409 Map.pdf Maps 1038K Docket Map
170409 Staff Report.pdf Staff Report 189K Staff Report
170409 Fact Sheet.pdf Fact Sheet 90K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170409, AS AMENDED

Rezoning an area of approximately 1.5 acres generally located at the southwest corner of Westport Road and Holly Street, extending to the west side of Mercier Street, from District B3-2 to District MPD, and approving a revised development plan that allows for gasoline and fuel sales. (14730-MPD).

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 88-20A1101, rezoning an area of approximately 1.5 acres generally located at the southwest corner of Westport Road and Holly Street, extending to the west side of Mercier Street, from District B3-2 (Community Business dash 2) to District MPD (Master Planned Development), said section to read as follows:

Section 88-20A1101. That an area legally described as:

Beginning at the Northeast corner of aforesaid Lot 1; thence South 02 degrees 27 minutes 22 seconds West, along the East line of said Lots 1 and 3, also being the West right-of-way of Holly Street, as now established, a distance of 92.10 feet to the Southeast corner of said Lot 3; thence North 87 degrees 32 minutes 06 seconds West, along the South line of said Lots 3 & 38, a distance of 250.11 feet to a point on the East line of said Lot 44 and the West right-of-way of Mercier Street, as now established; thence North 02 degrees 29 minutes 00 seconds East, along the East line of said Lot 44 and the West right-of-way of said Mercier Street, a distance of 3.11 feet to the Southeast corner of said Lot 43, thence North 87 degrees 32 minutes 33 seconds West, along the South line of said Lot 43, a distance of 109.04 feet to the Southwest corner of said Lot 43, said point also being a point on the East line of said Lot 54; thence South 09 degrees 52 minutes 38 seconds East, a distance of 2.68 feet along the East line of said Lot 54; thence South 66 degrees 50 minutes 46 seconds West, 23.74 feet; thence North 30 degrees 12 minutes 27 seconds West, 93.61 feet to a point on the common line of said Lots 56 and 58; thence North 69 degrees 50 minutes 09 seconds West, along the common line of said Lots 56 and 58, a distance of 20.54 feet to the Southwest corner of said Lot 58; thence North 02 degrees 29 minutes 00 seconds East, along the West line of said Lot 58, a distance of 68.67 feet to the Northwest corner of said Lot 58, also being a point on the South right-of-way of Westport Road, as now established; thence South 87 degrees 18 minutes 07 seconds West, along the North line of Lots 58, 57, 42, and 41, also being the South right-of-way of said Westport Road, a distance of 200.00 feet to a point on the West right-of-way of said Mercier Street; thence South 87 degrees 17 minutes 40 seconds East, along the North line of said Lots 40, 39, 2 and 1, also being the South right-of-way of said Westport Road, a distance of 250.04 feet to the point of beginning. This tract contains 61,219 square feet or 1.405 acres, more or less.

is hereby rezoned from District B3-2 (Community Business dash 2) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A1101, 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 revised development plan for the area legally described above is hereby approved, subject to the following conditions:

1.          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, as required by the Land Development Division. 

2. The developer shall petition for the vacation of Mercier Street prior to issuance of a building permit. 

3. The developer, at the time of the vacation of Mercier Street, shall dedicate a 39' vehicular and pedestrian access easement as shown on the MPD Development Plan to the City for continued public access through the site to Mercier Street, as required by the City Planning and Development Department. The vacated portion of Mercier will continue to function as a City street, including street signs, striping, and stop signs.

4. 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.

 5.   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, and the developer shall secure permits to construct any improvements required by the Land Development Division prior to issuance of any building permits.

 6.  The developer shall relocate sewers as required by the Departments of Water Services, the Land Development Division, and Development Services prior to recording of the final plat.

 7.   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.

 8.  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. 

 9.  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.

 10.  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.

 11.   The developer shall provide acceptable easements and secure permits to relocate or abandon sanitary sewers out from under proposed buildings and structures, while continuing to ensure individual service is provided to all proposed lots as required by the Land Development Division prior to recording the plat or issuance of a building permit, whichever occurs first.

 12.   The developer shall replace the existing cast iron water main along Mercier just to the south of the property line with new ductile iron pipe as required by the Water Services Department.

 13.  The developer shall abandon a portion of the existing sanitary sewer lines and relocate the existing sanitary sewer manholes as required by the Water Services Department. 

14. The developer shall construct an improvement to Holly Street, south of the entrance drive to the site as shown on the MPD Development Plan to narrow Holly Street.

15. The developer shall construct an improvement to Mercier Street, south of the site, as shown on the MPD Development Plan.

16. The developer shall install a flashing pedestrian crossing on Westport Road at a location determined by the Director of Public Works as required by the Department of Public Works.

17. The developer shall submit a final plan for approval by the City Plan Commission which provides for, at a minimum, a street tree planting plan agreeable to the Parks and Recreation Department and a photographic study that shows zero footcandles at the south and west property lines.

18. The developer and end user shall prohibit vendor delivery and trash pick-up between the hours of 12:00 a.m. and 7:00 a.m. at the rear of the building.

19. The developer shall provide a historic fa├žade easement to the City (or its designated entity) to preserve the character of the buildings located at 4315 and 4325 Roanoke Parkway.

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:

 

___________________________________

M. Margaret Sheahan Moran

Deputy City Attorney