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Legislation #: 190886 Introduction Date: 10/17/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning about 0.5 acres generally located on the east side of Broadway Boulevard between West 37th Street to the north and West 38th Street to the south from Districts B4-5 and R-1.5 to District B2-1, and approving a development plan on about 1 acre, to allow for the renovation and expansion of a McDonald’s restaurant drive-through. (CD-CPC-2018-00227)

Legislation History
DateMinutesDescription
10/17/2019 Filed by the Clerk's office
10/17/2019 Referred to Neighborhood Planning and Development Committee
10/23/2019 Do Pass as a Committee Substitute
10/24/2019 Assigned Third Read Calendar as Substituted
10/31/2019 Referred to Neighborhood Planning and Development Committee
11/6/2019 Advance and Do Pass as Second Committee Substitute, Debate
11/7/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190886.pdf Authenticated 136K Authenticated Ordinance
190886 2d cs to cs-com.docx Compared Version 22K 2nd Colored Compared Version
NPD presentation 11-6.pptx Exhibit 3278K NPD Power Point presentation 11-6
McDonald's Drawings for Presentation- F.pdf Exhibit 7972K Exhibit Drawings
McDonalds.PPTX Other 34873K * Presentation
190886 cs to org ord-com.docx Compared Version 25K Colored Compared
NPD presentation 10-23.pptx Exhibit 3270K Power Point Presentation
04_CD-CPC-201900241_McDonalds_Staff Report.pdf Staff Report 5743K CPC Staff Report
CD-CPC-2018-00227 Ordinance Request.docx Request for Ordinance 26K CORRECTED Request for Ordinance (legal description corrected)
Revised Plan Set 9-13-19.pdf Exhibit 2505K Revised Plans
Fact Sheet_88-20A-1216.docx Fact Sheet 277K Fact Sheet
CPC Presentation 9-3-19.pptx Exhibit 2423K CPC Presentation
CD-CPC-2018-00241_ 2019-00004 Resolution Request.docx Request for Ordinance 29K Request for Resolution
* - Attachment is too large for LiveWeb to display.

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190886

 

Rezoning about 0.5 acres generally located on the east side of Broadway Boulevard between West 37th Street to the north and West 38th Street to the south from Districts B4-5 and R-1.5 to District B2-1, and approving a development plan on about 1 acre, to allow for the renovation and expansion of a McDonald’s restaurant drive-through. (CD-CPC-2018-00227)

 

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 88-20A1216, rezoning an area of approximately 0.5 acres generally located on the east side of Broadway Boulevard between West 37th Street to the north and West 38th Street to the south rezoning from Districts B4-5 (Heavy Business/Commercial) and R-1.5 (Residential) to District B2-1 (Neighborhood Business), said section to read as follows:

 

Section 88-20A1216. That an area legally described as:

 

The West 45 feet of Lots 8, 9, 10, 11 and 12, the North 9.17 feet of Lot 13, and all of Lots 14, 15 and 16, all in Block 24, Corrected Plat of Blocks 23 and 24 of Hyde Park, a subdivision in Kansas City, Jackson County, Missouri.

 

is hereby rezoned from Districts B4-5 (Heavy Business/Commercial) and R-1.5 (Residential) to District B2-1 (Neighborhood Business), all as shown outlined on a map marked Section 88-20A1216, 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.                  That a digital copy of the plans, revised as noted below, be uploaded to CompassKC eReview and accepted by staff, prior to ordinance request for City Council.

a.                   If the total area of new impervious area exceeds 10,000 square feet, 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. If the area is less than 10,000 square feet, submit a storm drainage letter stating that Storm Water Management should be exempted for the project.

 

b.                  Abandon service line 170416 and replace the 11092 service line and bring it up to current standards according to Kansas City, Missouri Rules and Regulations for water service lines.

 

2.                  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 a certificate of occupancy.

 

3.                  All signage shall comply with Section 88-445 of the Zoning and Development Code.

 

4.                  The developer shall submit a letter to the Parks and Recreation Department from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters along Broadway 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 and issuance of any certificate of occupancy permits, including temporary certificate of occupancy permits.

 

5.                  The developer shall submit plans to the Parks and Recreation Department and obtain permits prior to beginning construction of streetscape improvements (including but not limited to sidewalks, curbs, gutters, streetscape elements, pedestrian and street lighting) on the Parks jurisdictional streets and construct improvements and ADA compliant ramps at all required locations where new private drives are being added,

or where existing sidewalks are modified or repaired. Such improvements shall be installed per Parks and Recreation Department standards.

 

6.                  The developer shall use the Parks and Recreation Department approved site furnishings within Broadway Boulevard.

7.                  Prior to construction adjacent to Broadway Boulevard, the developer and/or their representative shall obtain a parks permit for storage and restoration of right-of-way, including but not limited to the installation of construction trailer, stockpiling of materials or equipment, construction of roads, and utility cabinets/meters.

 

8.                  The developer shall submit a streetscape plan per 88-245-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way of W. 38th Street and Central Avenue.

 

9.                  The developer shall replace the three trees along Broadway Boulevard with new approved street trees prior to a certificate of occupancy.

 

10.              The developer shall comply with further conditions related to the sidewalk as agreed upon with City Planning and Development, and shall make necessary plan amendments prior to building permit issuance.

 

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