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Legislation #: 141086 Introduction Date: 12/18/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Rezoning a 1.7 acre tract of land, generally located on the north side of Emmanuel Cleaver II Boulevard, between Forest Avenue and Tracy Avenue, from Districts R-1.5, B3-2 and B4-5 to District B2-1 and approving a development plan for a 4,500 square foot restaurant with a drive-through. (14482-P)

Legislation History
DateMinutesDescription
12/18/2014 Filed by the Clerk's office
12/18/2014 Referred to Planning, Zoning & Economic Development Committee
1/7/2015 Advance and Do Pass, Debate
1/8/2015 Passed

View Attachments
FileTypeSizeDescription
141086.pdf Authenticated 217K Authenticated
141086 Staff Report.pdf Staff Report 10309K 141086 Staff Report
141086 Section Map.pdf Maps 3196K 141086 Exhibit A Map
141086 Fact Sheet.pdf Fact Sheet 314K 141086 Fact Sheet

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ORDINANCE NO. 141086

 

Rezoning a 1.7 acre tract of land, generally located on the north side of Emmanuel Cleaver II Boulevard, between Forest Avenue and Tracy Avenue, from Districts R-1.5, B3-2 and B4-5 to District B2-1 and approving a development plan for a 4,500 square foot restaurant with a drive-through. (14482-P)

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 88-20A0991, rezoning an area of approximately 1.7 acres generally located on the north side of Emmanuel Cleaver II Boulevard, between Forest Avenue and Tracy Avenue, from Districts R-1.5 (Residential dash 1.5), B3-2 (Community Business 3 dash 2) and B4-5 (Heavy Business/ Commercial 4 dash 5) to District B2-1 (Neighborhood Business 2 dash 1), said section to read as follows:

 

Section 88-20A0991. That an area legally described as:

 

All of Lots 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Block 2, Logan Park, a subdivision of land in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, except any part in streets.

 

is hereby rezoned from Districts R-1.5 (Residential dash 1.5), B3-2 (Community Business 3 dash 2) and B4-5 (Heavy Business/ Commercial 4 dash 5) to District B2-1 (Neighborhood Business 2 dash 1), all as shown outlined on a map marked Section 88-20A0991, 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 the developer cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, as amended, prior to issuance of building permit.

 

2.                  That the developer submit a macro storm drainage study, including a BMP level of service analysis, to the Land Development Division for review and acceptance for the entire development area, and that the developer secure permits to construct any improvements as required by the Land Development Division prior to recording the plat or prior to issuance of a Building Permit, whichever occurs first.

 

3.                  That the developer 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 occupancy permits.

 

4.                  That the owner/developer submit plans for grading, siltation, and erosion control to the Land Development Division for review, acceptance, and permitting for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.

 

5.                  That the owner/developer secure a site disturbance permit from the Land Development Division prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more during the life of the construction activity.

 

6.                  That the developer grant on City approved forms, surface drainage and BMP Easements to the City, as required by Chapter 88 and the Land Development Division, prior to issuance of any building permits or BMP permits, whichever occurs first.

 

7.                  That the developer pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

 

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 Ordinance 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

Assistant City Attorney