ORDINANCE NO. 260432
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Sponsor: Director of City Planning and Development Department
Approving a development plan on about 1.5 acres generally located at the southwest corner of West 46th Street and Pennsylvania Avenue in District R-0.5 allowing for the construction of a parking garage on a site with three multi-unit residential buildings. (CD-CPC-2026-00017)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That a development plan in District R-0.5 generally located at the southwest corner of West 46th Street and Pennsylvania Avenue, and more specifically described as follows:
All of Lots 1, 2, 3 ,4, 5, 6, and 7, Gushurst Subdivision, the north 178.63 feet of Lot 18 and lot 17 except the west 18 feet, Home Place Subdivision in the City of Kansas City, Jackson County, Missouri described more particularly as: Beginning at the northeast corner of said Lot 1; thence South 02°27'38” West a distance of 210.13 feet to the southeast corner of said Lot 7; thence North 87°22'33” West a distance of 100.74 feet to the southwest corner of said Lot 7, said point also being on the east line of said Lot 18; thence North 03°03'59” East along the east line of said Lot 18, a distance of 31.27 feet; thence North 87°31'07” West a distance of 100.19 feet to a ½” rebar with SKW61 Stamped Cap on the east line of said Lot 17; thence South 02°23'50” West a distance of 271.78 feet to the southeast corner of said Lot 17; thence North 87°11'25” West along the south line of said Lot 17, 81.96 feet to a point 18.00 feet east of the southwest corner of said Lot 17; thence North 02°22'50” East parallel with the west line of said Lot 17, 449.97 feet to a point on the north line of said Lot 17; thence South 87°30'33” East 282.88 feet to the point of beginning.
is hereby approved, subject to the following conditions:
1. 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.
2. The developer shall submit an affidavit, prepared by an engineer licensed in the State of Missouri, verifying that all outdoor lighting has been installed in accordance with approved plans and that lighting levels do not exceed that shown on the approved lighting plan at the property lines prior to a certificate of occupancy.
3. Prior to a certificate of occupancy the lots shall be combined through an approved City process so that structures do not cross property lines and all buildings are on one lot.
4. The developer shall screen all roof and/or ground mounted mechanical and utility equipment in compliance with Section 88-425-08 of the Zoning and Development Code.
5. All signage shall conform to 88-445 and shall require a sign permit prior to installation.
6. Prior to the issuance of a certificate of occupancy, the applicant shall submit an alternative compliance parking plan so that the site is in conformance with Section 88-420 until phase 2 of the plan is constructed.
7. Building plans submittal shall meet the requirements of the Kansas City Building and Rehabilitation Code in effect at the time of submission.
8. The developer shall meet the minimum fire hydrant requirements of the Kansas City Missouri Water Services Department applicable to a water main extension which is every 300 feet commercial or 600 feet residentially zoned area.
9. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
10. Fire hydrant distribution shall follow IFC-2018 Table C102.1.
11. The developer shall have the appropriate life safety systems.
12. The developer shall submit a streetscape plan for approval and permitting by the Land Development Division prior to beginning construction of the streetscape improvements in the public right-of-way, and construct ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired.
13. 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.
14. The developer shall integrate into the existing streetlight system any relocated streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights must comply with all adopted lighting standards.
15. 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.
16. 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, that identifies sidewalks, curbs, and gutters in disrepair as defined by Public Works Department’s "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 11/5/2013" 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.
17. The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations prior to issuance of a certificate of occupancy.
18. The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Kansas City Missouri Water Services Department 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 disturbed area 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 Kansas City Missouri Water Services Department prior to issuance of any certificate of occupancy.
19. The developer shall grant a BMP easement to the City as required by the Kansas City Missouri Water Services Department, prior to recording the plat or issuance of any building permits.
20. The developer shall be required to install an oil water sand interceptor in the storm water runoff collection system upstream of the discharge point as required by the Kansas City Code of Ordinances, Chapter 60, Sewage and Sewage Disposal.
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 B. That the Council finds and declares that before taking any action on the proposed development plan hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and had.
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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.
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Sara Copeland, FAICP
Secretary, City Plan Commission
Approved as to form:
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Sarah Baxter
Senior Associate City Attorney