ORDINANCE NO. 260870
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Sponsor: Director of City Planning and Development Department
Approving a development plan on about 0.23 acres generally located at the northwest corner of 10th Street and Central Avenue in District DC-15 allowing for the creation of a 384 foot structure which will contain ground floor retail and a data center. (CD-CPC-2026-00074)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That a development plan in District DC-15 (Downtown Core) generally located at northwest corner of 10th Street and Central Avenue, and more specifically described as follows:
TRACT 1: Lot 3, and the south 1/2 of lots 4, 5 and 6, Block 6, Ashburn's Addition to the City of Kansas, now Kansas City, a subdivision in Kansas City, Jackson County, Missouri, and the South 1/2 of the east-west alley situated immediately adjacent to, and to the north of, said Lot 3, as vacated pursuant to Ordinance No. 050832 adopted by the Council of Kansas City, Missouri on July 28, 2005, and filed with the Jackson County, Missouri Recorder's Office on October 20, 2005, as Document No. 2005K0068465.
TRACT 2: Non-exclusive easement for vehicular and pedestrian ingress and egress, established by the Non-Exclusive Easement Agreement recorded June 24, 2008, as Document No. 2008E0068397; as amended by the Amended and Restated Nonexclusive Easement Agreement recorded October 10, 2013, as Document No. 2013E0106878; as further amended by the Assignment and Assumption of Amended and Restated Non-Exclusive Easement Agreement recorded April 14, 2015, as Document No. 2015E0031084.
is hereby approved, subject to the following conditions:
1. 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.
2. All signage shall conform to Section 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 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.
5. The approval of the development plan serves in lieu of a special use permit for a data center as required by Section 88-339 of the Zoning and Development Code as permitted by Section 88-517-09-D.
6. The building was listed on the National Register of Historic Places on 3/21/2007. A demolition review by the Historic Preservation Commission will be required before a demolition permit can be obtained.
7. Prior to submittal of any permits, the applicant must gain documentation from the Aviation Department that this structure will not violate any existing flight patterns to the Downtown Airport.
8. All outstanding corrections as listed in the corrections report are addressed and resolved prior to issuance of any permit, including any demolition permit.
9. 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)
10. An elevator Knox Box shall be provided in the elevator lobby nearest the lowest point of Fire Department access. (IFC 2018 § 506.1) To ensure proper keying to Kansas City, Missouri; Knox Boxes may be ordered online at www.knoxbox.com or on an official order form obtained through this Office.
11. 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.
12. A Knox Box shall be provided near the main entrance to the building. (IFC 2018 § 506.1) To ensure proper keying to Kansas City, Missouri; Knox Boxes may be ordered online at www.knoxbox.com or on an official order form obtained through this Office.
13. Buildings exceeding three (3) stories or 30 feet in height shall have at least two means of fire apparatus access. (IFC 2018: § D104.1) Aerial fire apparatus roads must be a minimum 26 feet wide, at least 15 feet away from the building but not more than 30 feet from the structure. (IFC 2018 § D105)
14. The Fire Department Connection (FDC) shall not be located that obstructs access/egress to the building when in use. (IFC 2018 § 912.2)
15. Fire hydrant distribution shall follow IFC 2018 Table C102.1.
16. The building’s FDC shall be immediately recognizable from the street or nearest point of Fire Department access. (IFC 2018 § 912.2.1)
17. Buildings which have an occupiable floor greater than 75 feet above grade shall meet high rise requirements. (IFC 2018 Sec 914.3)
18. 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)
19. All Fire Department Connections (FDC) shall be threaded connections, Storz connections are not allowed in the City of Kansas City, Missouri (IFC 2018 § 903.3.6; NFPA 13 2010 § 6.8.1).
20. Fire hydrant(s) shall be within 400 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building. The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required. This distance may be increased to 600 feet for R-3 and U occupancy(s) or the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC 2018: § 507.5.1)
21. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC 2018 § 507.1)
22. The developer shall provide fire lane signage on fire access drives.
23. 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.
24. 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.
25. 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.
26. 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.
27. The developer shall coordinate with the Public Works Department for the planned removal of on-street parking and related street modifications along the 10th Street property frontage.
28. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
29. 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.
30. Developer shall confirm adequacy of existing water mains and upsize and extend water mains as needed following the Kansas City Water Services Department rules and regulations. If necessary, the developer shall provide additional water infrastructure for the proposed project. The Kansas City Water Services Department has provided a will-serve letter committing to provide up to 182 GPM for domestic flows and up to 1500 GPM emergency fire flow water.
31. 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 recording the plat or issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system and make other improvements as may be required.
32. 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 prior to issuance of any building permits, and the developer shall secure permits to construct any improvements required by the Kansas City Water Services Department prior to issuance of any certificate of occupancy.
33. 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.
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