ORDINANCE NO. 250344
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Sponsor: Director of City Planning and Development Department
Approving a development plan on about 1.98 acres for approximately 278 units in District R-0.5 generally located on parcels encompassed by Broadway Boulevard on the west, West 45th Terrace on the north, Wornall Road on the east, and West 46th Street on the south to allow for a residential development plan serving as a preliminary plat. (CD-CPC-2025-00013)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That a development plan in District R-0.5 (Residential 0.5) generally located on parcels encompassed by Broadway Boulevard on the west, West 45th Terrace on the north, Wornall Road on the east, and West 46th Street on the south, and more specifically described as follows:
Lot 17 Wornall Park
Lot 18 Wornall Park
Wornall Park Lots 19 thru 21
Wornall Park Lot 22
310-12 W 46th St / Lot 23 e 25 ft of Lot 24 Wornall Park
W 10 ft of Lot 24 all Lot 25 e 10 ft of Lot 26 Wornall Park
4535-41 Broadway 318-24 W 46th St Wornall Park w 25 ft Lot 26 all
Lots 27 thru 30
Wornall Park e 7 ft of s 40 ft Lot 12 & w 30.5 ft of s 40 ft Lot 13
4531 Broadway / s 49 ft lot 10 s 49 ft of w 28 ft Lot 11 s 40ft of e 7 ft
Lot 11 s 40 ft of w 28 ft Lot 12 Wornall Park
Wornall Park n 58 ft Lot 10 & n 58 ft of w 28 ft Lot 11
309-23 W 45th Ter Wornall Park e 7 ft Lot 11 exc s 40 ft all Lot 12 exc
s 40 ft all Lot 13 exc s 40 ft of w 30.5 ft all Lots 14 thru 16
is hereby approved, subject to the following conditions:
1. Prior to issuance of the certificate of occupancy for each lot within the plat the developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that street trees have been installed in accordance with the approved street tree planting plan and are healthy.
2. All signage shall conform to 88-445 and shall require a sign permit prior to installation.
3. 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.
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. Approving deviations to 88-110, Lot and Building Standards for the following standards:
a. A complete deviation to the front setback, to allow for a 0' (foot) front setback.
b. A complete deviation to the rear setback, to allow for a 0' (foot) rear setback.
c. A complete deviation to the side setback (both sides), to allow for a 0' (foot) side setback.
d. A deviation to the minimum lot area per unit (square foot), to allow for 278 units, an increase of 109 units.
6. 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.
7. The applicant shall request from the Public Works Department a review of curb management on all four sides.
8. Prior to the issuance of the certificate of occupancy, the applicant must submit, gain approval of, and record a final plat.
9. 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) Fire hydrant distribution shall follow IFC-2018 Table C102.1.
10. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
11. 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)
12. New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. (IFC 2018 510.1 and NFPA1221)
13. The developer shall consider adding reinforcement to the exterior residential doors of the property for safety. Items such as jamb brace or metal door frames have been proven to lower the risk of crimes.
14. The developer shall consider adding 180-degree eye viewers, such as a peephole to the exterior residential doors of the property for safety as this allows a person to see outside the door prior to unlocking and/or opening the door.
15. 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.
16. The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way.
17. The developer shall submit construction plans in compliance with adopted standards for street improvements indicated on the plans, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. The developer shall enter into a covenant agreement for the maintenance of private decorative paving and streetscaping located within the public right-of-way as required by the Land Development Division, prior to recording the plat.
24. No water service line will be less than 1-1/2” in diameter where three or more units or commercial building will be served by one domestic service line and meter.
25. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
26. 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.
27. The developer shall submit water main extension plans prepared by a Missouri professional engineer for all necessary public water distribution improvements to water mains and fire hydrants. Public fire hydrants shall be spaced at 300' max. around the perimeter streets. Plans shall be approved and under contract (permitted) prior to building permit issuance.
28. 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, by making application under said code for a minor subdivision and submitting and recording a lot consolidation plat or replatting the property in accordance therewith.
29. 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.
30. The developer shall obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.
31. 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.
32. The developer shall enter into a covenant agreement for the maintenance of any stormwater detention BMP as 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 B. 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