ORDINANCE NO. 260627
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Sponsor: Director of City Planning and Development Department
Rezoning an area of about 0.5 acres generally located at 9 E. 49th Street from District R-1.5 to District B4-5 and approving a development plan, also serving as a preliminary plat, on 2.25 acres generally located south of E. 49th Street between Main Street and Walnut Street to allow for an entertainment venue. (CD-CPC-2026-00044 & CD-CPC-2026-00045) ***HELD UNTIL 7/28/2026***
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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-1551, rezoning an area of about 0.5 acres generally located at 9 E. 49th Street from District R-1.5 (Residential 1.5) to District B4-5 (Heavy Business/Commercial) and approving a development plan, also serving as a preliminary plat, on 2.25 acres generally located south of E. 49th Street between Main Street and Walnut Street to allow for and entertainment venue, said section to read as follows:
Section 88-20A-1551. That an area legally described as:
Lots 13, 14 and the north 45 feet of the Lot 15, also the east 27.57 feet of Lots 1 and 2, and the north 45 feet of the east 27.57 feet of Lot 3, all in Block I, Bismark Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
is hereby rezoned from District R-1.5 (Residential 1.5) to District B4-5 (Heavy Business/Commercial), all as shown outlined on a map marked Section 88-20A-1551, 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 as:
TRACT 1: Lots 1 and 2, except the east 27.57 feet of said lots and also excepting the north one foot of the east one foot of the west 108 feet of said Lot 1; Lot 3, except the east 27.57 feet of the north 45 feet of said Lot 3; all of Lots 4 and 5; Lot 6, except the south 5 feet of the west 108 feet of said Lot 6 and except the south 19 feet of the east 27.57 feet of said Lot 6, Block I, Bismark Place, a subdivision of Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
TRACT 2: The north 14 feet of the south 19 feet of the east 27.57 feet of Lot 6; the south 5 feet of Lot 15; all of Lots 16, 17, 18, 19 and 20, and the north 17 feet of Lot 21, all in Block I, Bismark Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
TRACT 3: Lots 13, 14 and the north 45 feet of the Lot 15, also the east 27.57 feet of Lots 1 and 2, and the north 45 feet of the east 27.57 feet of Lot 3, all in Block I, Bismark Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
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. 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.
3. All signage shall conform to Section 88-445 and shall require a sign permit prior to installation.
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. 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.
6. The applicant shall consider activating the building during regular business hours with an additional commercial tenant.
7. The applicant shall work with staff to ensure adequate egress, primarily for areas with the highest amounts of pedestrian traffic and towards the streetcar, including but not limited to sidewalk improvements, prior to Council approval.
8. Prior to issuance of the certificate of occupancy, the applicant must consolidate the lots through a City approved process.
9. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4)
10. 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)
11. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
12. 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)
13. 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)
14. The building’s FDC shall be immediately recognizable from the street or nearest point of Fire Department access. (IFC-2018 § 912.2.1)
15. The Fire Department Connection (FDC) shall not be located that obstructs access/egress to the building when in use. (IFC-2018 § 912.2)
16. 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)
17. Fire hydrant distribution shall follow IFC-2018 Table C102.1.
18. 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.
19. 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)
20. The developer shall provide fire lane signage on fire access drives.
21. Prior to a certificate of occupancy, the owner shall submit to the Public Works Department City Traffic Engineer the event management plan. The owner shall also submit for review to Public Works Permitting prior to each event the traffic control plans, any permit applications, and other event information needed for the given event.
22. The applicant shall work with the Public Works Department regarding cost sharing opportunities related to the Ward Parkway two-way conversion in the project area, prior to a building permit.
23. The applicant shall formulate event traffic management plans as described in the TIS. These management plans shall describe all efforts to be carried out by applicant prior to, during, and following an event to assure safety and efficiency of traffic and parking operations related to the event. This plan shall be submitted to the Public Works Department for review and approval. The applicant shall be responsible for assuring all measures in the event traffic management plans are carried out as a condition of approval.
24. 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.
25. 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.
26. 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.
27. The developer shall pay the arterial street impact fees as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division.
28. 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.
29. The developer shall enter into a covenant agreement for the perpetual maintenance of all nonstandard construction items (brick pavers, landscaping etc.) located within the public right-of-way. The agreement shall be executed and recorded prior to the issuance of any certificate of occupancy.
30. The applicant shall obtain approval by the Transportation Development Committee (TDC) for the requested non-compliant driveway width(s) prior to City Council approval.
31. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
32. 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.
33. The developer shall submit water main extension plans prepared by a Missouri professional engineer through CompassKC for review, acceptance and contracts for a minimum of one additional public fire hydrant along 49th Street. The plans shall follow Kansas City Water rules and regulations for water main extensions and relocations. The plans shall be under contract (permit) prior to final plat recording or building permit issuance, whichever occurs first.
34. The developer shall secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Kansas City Water Services Department, prior to recording the plat or issuance of a building permit, whichever occurs first.
35. 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.
36. The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division 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 entire site 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 Land Development Division prior to recording the plat.
37. The developer shall grant a BMP and/or surface drainage easement to the City as required by the Kansas City Water Services Department, prior to recording the plat or issuance of any building permits.
38. The developer shall submit plans for grading, siltation, and erosion control to the Kansas City Water Services Department for review and acceptance, provide a copy of the Storm Water Pollution Prevention (SWPP) plan submitted to the Missouri Department of Natural Resources (MDNR) and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.
39. 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.
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