ORDINANCE NO. 250804
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Sponsor: Director of City Planning and Development Department
Rezoning an area of about 3 acres generally located at 3200 and 3201 Troost Avenue from Districts B4-5 and B3-2 to District MPD and approving a development plan to allow for a multi-unit building to be constructed on each site. (CD-CPC-2025-00075).
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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 88-20A-1501, rezoning an area of about 3 acres generally located at 3200 and 3201 Troost Avenue from Districts B4-5 (Heavy Business/Commercial) and B3-2 (Community Business) to District MPD (Master Planned Development) and approving a development plan to allow for a multi-unit building to be constructed on each site, said section to read as follows:
Section 88-20A-1501. That an area legally described as:
A tract of land located in the Northeast Quarter of the Southeast Quarter of Section 17, Township 49 North, Range 33 West of the Fifth Principal Meridian, all in the City of Kansas City, County of Jackson, State of Missouri, being more particularly described by Randy G. Zerr, Missouri PLS-2018016442, on March 11, 2024 as follows: Commencing at the northeast corner of the South Half of the Northeast Quarter of the Southeast Quarter, thence North 87?08'50" West, along the north line of said South Half, 64.67 feet; thence departing said north line, South 02?51'10" West, 45.00 feet to the point of beginning, said point being on the south right-of-way line of Linwood Avenue as now established in March 2024; thence southeasterly on a non-tangent curve to the right, along said south line and along the west right-of-way line of Troost Avenue as now established in March 2024, having an arc length of 39.46 feet, a radius of 25.00 feet, and a chord that bears South 42'21'29" East, 35.49 feet; thence continuing along said west line, South 02'25'46" West, 213.04 feet to a point on the north right-of way line of East 32nd Terrace as now established in March 2024; thence departing said west line, North 87'08'50" West, along said north line, 294.00 feet to a point on the east line of Block 1, Worcester Park, a subdivision in the City of Kansas City, County of Jackson, State of Missouri and recorded in the Jackson County Recorder of Deeds' Office in Book 4, on page 94; thence North 0225'46" East, along said east line of Block 1, 238.04 feet to a point on the south right-of way line of Linwood Avenue as now established in March 2024; thence departing said east line of Block 1, South 87?08'50" East, along said south line, 269.00 feet to the point of beginning containing 69,850 square feet or 1.604 acres.
A tract of land located in the Northwest Quarter of the Southwest Quarter of Section 16, Township 49 North, Range 33 West of the Fifth Principal Meridian and being part of Lot 1, all of Lot 2, part of Lot 11, all of Lot 12, part of Lot 13, and part of Lot 14, Linwood, a subdivision in the City of Kansas City, County of Jackson, State
of Missouri and recorded in the Jackson County Recorder of Deeds' Office in Book 6, on page 84, and being more particularly described by Randy G. Zerr, Missouri PLS-2018016442, on March 11, 2024 as follows: Beginning at the southwest corner of said Lot 2, said point also being along the east right-of-way line of Troost Avenue as now established in March 2024; thence North 02'25'46" East, along said east line, 95.00 feet; thence northeasterly on a non-tangent curve to the right, along said east line and along the south right of way line of Linwood Avenue as now established in March 2024, having an arc length of 78.44 feet, a radius of 50.00 feet, and a chord that bears North 47'29'12" East, 70.64 feet; thence continuing along said south line, South 87?27'21" East, 240.00 feet to a point on the west line of Forest Avenue as now established in March 2024; thence departing said south line, South 02?25'46" West, along said west line, 234.90 feet; thence departing said west line, north 87*28'32" west, 140.00 feet to a point on the west line of said Lot 11; thence North 02'25'46" East, along said west line, 90.00 feet to the southeast corner of said Lot 2; thence North 87?28'32* West, along the south line of said Lot 2, 150.00 feet to the point of beginning containing 54,579 square feet or 1.253 acres.
is hereby rezoned from Districts B4-5 (Heavy Business/Commercial) and B3-2 (Community Business) to MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A-1501, 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. If the construction of the project causes the bus stops to be temporarily moved, the contractor needs to work with the KCATA to facilitate the relocation of the shelters and other amenities.
2. All fences shall comply with the Troost Corridor Overlay District.
3. 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 (MPD final) and that lighting levels do not exceed that shown on the approved MPD final lighting plan at the property lines prior to a certificate of occupancy.
4. The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping and street trees required of the approved plan has been installed in accordance with the plan and is healthy prior to a certificate of occupancy.
5. Details of the dumpster and mechanical/utility equipment shall be identified in the final MPD plan, per the Troost Corridor Overlay District and 88-425-08, when applicable.
6. No outdoor lighting plan was provided. All outdoor lighting (including parking lot and building lighting) shall comply with 88-430.
7. No detailed sign plan is tied to CD-CPC-2025-00075. All signage must comply with 88-445 and/or the Troost Corridor Overlay District, when applicable.
8. Per the Troost Corridor Overlay District (Ordinance No. 150581), multi-unit buildings shall have a minimum of one primary entrance per 50 feet of Troost frontage. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to the building plan and permit submission.
9. Per the Troost Ordinance Corridor Overlay District (Ordinance No. 150581), at least 70% of the fa?ade facing Troost between 3 ft. and 10 ft. above the sidewalk must be comprised of windows that allow clear views of indoor space. The minimum transparency standard of non-Troost facing facades is 40%. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to the building permit submission.
10. Per the Troost Corridor Overlay District (Ordinance No. 150581), the minimum transparency for the second story and above is 40%. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to the building permit submission.
11. Per the Troost Corridor Overlay District (Ordinance No. 150581), permitted secondary materials may be used as an accent material on the first story and shall not encompass more than 20% of the fa?ade. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to the building permit submission. That applicant shall consider modifying the design prior to the BZA request to create more of an impact on the Troost and Linwood facades.
12. Per the Troost Corridor Overlay District (Ordinance No. 150581), residential buildings shall include one or more of the following features: (1) porches, (2) balconies [even Juliet balconies], (3) stoops, (4) patios, and (5) terraces. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to the building permit submission.
13. Per the Troost Corridor Overlay District (Ordinance No. 150581), loading areas must be located in the rear yard or can be located in the side yard if setback 30 feet from the Troost property line. Loading areas shall not be located in the front yard or street side yard. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to building plan and permit submittal.
14. The developer shall secure approval of an MPD final plan from the City Plan Commission prior to issuance of the building permit.
15. Per the Troost Corridor Overlay District (Ordinance No. 150581), parking may be located to the side of the building provided that it does not occupy more than 25% or 65 ft. of the Troost street frontage. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to the building plan and permit submission.
16. Per the Troost Corridor Overlay District (Ordinance No. 150581), parking may be located to the side of the building provided that it is screened from view of the street by a wall of primary building material, between 36 and 48 inches in height. A variance to this requirement must be approved by the Board of Zoning Adjustment prior to the building plan and permit submission.
17. Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC 2018 ? 501.4 and 3312.1; NFPA 241 2013 ? 8.7.2).
18. The developer shall provide truck turning templates within the drive and parking lot. (IFC 2018 ? 503.2.4).
19. Fire hydrant distribution shall follow IFC 2018 Table C102.1.
20. Building plans submittal shall meet the requirements of the Kansas City Building and Rehabilitation Code in effect at the time of the building plan submission.
21. Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC2018 ? 507.5.1.1)
22. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC 2018: ? 503.2.4)
23. Fire hydrants shall be installed and operable prior to the arrival of any combustible building materials onto the site. (IFC 2018 ? 501.4 and 3312.1; NFPA 241 2013 ? 8.7.2).
24. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC 2018 ? 507.1)
25. The developer shall submit a lighting plan prior to obtaining a building permit. The Illumination Engineering Society (IES) minimum standards (G 1 22, Sec. 8.7) for a parking lot/sidewalk and/or pathways of multi-family units would be an average maintained footcandle (fc) reading of 3fc with an average to minimum ratio of 4:1. The exterior doorways should have an average maintained fc reading of .8fc with an average to minimum ratio of 4:1. (G 1 22, Sec. 8.14)
26. The developer shall submit dumpster screening plans prior to approval of final plan. Dumpster screening needs to be raised 6 inches to 1 foot from the ground on at least one side if solid screening materials are proposed. A convex mirror mounted from an elevated position, angled into the dumpster screening can also comply with this request If this method is chosen, show a convex mirror added to the landscape plan by the dumpster location.
27. Prior to construction adjacent to a Parks and Recreation jurisdictional street and/or park the developer and/or their representative shall obtain a Parks and Recreation permit for storage and restoration within a park or a Parks and Recreation jurisdictional street right-of-way including but not limited to the installation of construction trailer, stockpiling of materials or equipment, construction roads and utility cabinets/meters located upon a Parks and Recreation jurisdictional park or street right-of-way.
28. The developer shall submit plans to 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, prior to release of the certificate of occupancy, construct improvements, 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.
29. 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 boulevard/parkway, which is a Parks and Recreation jurisdictional street. 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 issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.
30. The developer shall be responsible for dedication of parkland, private open space in lieu of parkland, or payment of cash in lieu of either form of dedication, or any combination thereof in accordance with 88-408. Should the developer choose to pay cash in lieu of dedicating all or a portion of the required area, the amount due shall be based upon the 2025 acquisition rate of $20,065.67 per acre. This requirement shall be satisfied prior to a certificate of occupancy.
31. Linwood Boulevard is classified as a boulevard; therefore, any new developments, fa?ade changes, or additions as listed in the applicability section of 88-232-01-A, shall comply with the parkway and boulevard standards. This applies to the extent that the building is not located within the Troost Corridor Overlay District or the parkway and boulevard standards are not in conflict with the Troost Corridor Overlay District or any new developments, fa?ade changes, or additions as listed in the applicability section of 88-232-01-A shall obtain a variance, or deviation as authorized by the Law Department, from the Board of Zoning Adjustments prior to obtaining a building permit.
32. 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.
33. 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.
34. 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.
35. 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.
36. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
37. 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.
38. The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Kansas City Water Services Department prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.
39. The developer shall provide acceptable easement and secure permits to relocate sanitary sewers out from under proposed buildings and structures. Any existing public lines located under proposed structures must be abandoned in place or removed and easement vacated, or relocated and new easements shall be provided; as required by the Kansas City Water Services Department prior to recording the plat or issuance of a building permit, whichever occurs first.
40. The developer shall submit plans for grading, siltation, and erosion control to the Kansas City Water Services Department 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.
41. The developer shall grant a BMP easement to the City as required by the Kansas City Water Services Department, prior to recording the plat or issuance of any building permits.
42. The developer shall submit a storm drainage analysis from a Missouri licensed civil engineer to the Kansas City 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, and the developer shall secure permits to construct any improvements required by the Kansas City Water Services Department prior to recording the plat.
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 and 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