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Legislation #: 180084 Introduction Date: 2/1/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER TAYLOR AND COUNCILMEMBER MCMANUS
Title: Rezoning an area of approximately four-acres generally bordered by E. 134th Street on the north, E. 135th Street on the south, Charlotte Street on the East and Holmes Road on the west, from Districts R-80, R-2.5, B1-1, and B3-2, respectively, to District B1-1, and approving a development plan in District B1-1 to allow for redevelopment of the existing restaurants and for parking lot modifications. (11133-P-3 and 11133-P-4)

Legislation History
DateMinutesDescription
2/1/2018 Filed by the Clerk's office
2/1/2018 Referred to Planning, Zoning & Economic Development Committee
2/7/2018 Advance and Do Pass as a Committee Substitute, Debate
2/8/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180084 Map.pdf Maps 1763K Map
180084 Staff Report.pdf Staff Report 198K Staff Report
180084 Fact Sheet.pdf Fact Sheet 285K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180084

 

Rezoning an area of approximately four-acres generally bordered by E. 134th Street on the north, E. 135th Street on the south, Charlotte Street on the East and Holmes Road on the west, from Districts R-80, R-2.5, B1-1, and B3-2, respectively, to District B1-1, and approving a development plan in District B1-1 to allow for redevelopment of the existing restaurants and for parking lot modifications. (11133-P-3 and 11133-P-4)

 

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 88-20A1138 rezoning an area of approximately four-acres generally bordered by E. 134th Street on the north, E. 135th Street on the south, Charlotte Street on the East and Holmes Road on the west, from Districts R-80 (Residential dash 80), R-2.5 (Residential dash 2.5), B1-1 (Neighborhood Business 1 dash 1) and B3-2 (Community Business dash 2), respectively, to District B1-1 (Neighborhood Business 1 dash 1), said section to read as follows:

 

Section 88-20A1138. That an area legally described as:

 

All of Lots 1-24, Louis H. Knocheā€™s Addition, a subdivision in Kansas City, Jackson County, Missouri, except that part in right of way, all in the Northeast Quarter of Section 20, Township 47 North, Range 33 West, containing 144,483.76 Square Feet or 3.317 Acres, more or less.

 

is hereby rezoned from Districts R-80 (Residential dash 80), R-2.5 (Residential dash 2.5), B1-1 (Neighborhood Business 1 dash 1) and B3-2 (Community Business dash 2), respectively, to District B1-1 (Neighborhood Business 1 dash 1), all as shown outlined on a map marked Section 88-20A1138, which is attached hereto and made a part hereof, and which is 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 street tree planting plan for trees to be planted in the public right of way and secure the approval of the City Forester prior to issuance of final certificate of occupancy.

 

2.                  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.

 

3.                  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.

 

4.                  The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

 

5.                  The developer shall dedicate additional right of way for Holmes Road as required by the adopted Major Street Plan and Chapter 88 so as to provide a minimum of 40 feet of right of way as measured from the centerline, and ensure right of way dedication is adequate for any proposed road improvements as required by the Public Works Department adjacent to this project.

 

6.                  The developer shall construct half street improvements on the north side of E. 135th Street, and the south side of E. 134th Street shall be improved to collector standards 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 the required permit from the Land Development Division for said improvement prior to recording the plat.

 

7.                  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, and the owner/developer shall be responsible for all costs associated with subordination activities now and in the future.

 

8.                  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.

 

9.                  The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.

 

10.              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.

 

11.              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.

 

12.              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.

 

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 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