ORDINANCE NO. 260938
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Sponsor: Director of City Planning and Development Department
Approving an amendment to a previously approved development plan on about 15 acres generally bounded by Dr. Martin Luther King Boulevard on the north, E. 49th Street on the south, Chestnut Avenue on the west, and College Avenue on the east in District UR to allow for an increase in the number of residential units and building height. (CD-CPC-2026-00111)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That an amendment to a previously approved development plan in District UR (Urban Redevelopment) generally bounded by Dr. Martin Luther King Boulevard on the north, E. 49th Street on the south, Chestnut Avenue on the west, and College Avenue on the east, and more specifically described as follows:
TRACT 1: Lots 4 through 21, inclusive, Block 7, all of Lots 15 through 21, inclusive and Lots 4 through 8 inclusive and the North 46 feet of Lot 9, Block 8, Warder Park, and all of vacated South Benton lying between Blocks 7 and 8, except the East 1/2 of said vacated South Benton lying West of and adjacent thereto, Lots 13 and 14, Block 8, and except that part of vacated South Benton lying between Lots 1, 2 and 3, Block 7, and Lots 22, 23 and 24, Block 8, all in Warder Park, a subdivision in Kansas City, Jackson County, Missouri.
TRACT 2: All that part of the Northeast 1/4 of the Southwest 1/4 of Section 27, Township 49, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at the point of intersection of the West Right-of-Way line of College Avenue with the North Right-of-Way line of 49th Street, as both are now established; thence West along said North Right-of-Way line to a point that is 671.16 feet East of the East Right-of-Way line of Agnes Avenue, as said avenue is now established, being the Southeasterly corner of a tract of land conveyed by Warranty Deed recorded under Document No. K-351440, in Book K-811, at Page 1341; thence North 0 degrees 14 minutes West along the Easterly line of said tract of land 122.58 feet to the Northeasterly corner thereof; thence North 68 degrees 24 minutes 16 seconds West along the Northerly line of said tract of land 74.5 feet; thence West along the Northerly line of said tract of land 137 feet to a jog therein; thence South 0 degrees 14 minutes East along said jog 18 feet; thence West along said Northerly line 213 feet to a jog therein; thence North 0 degrees 14 minutes West along said jog 37 feet; thence West along the Northerly line of said tract of land 252 feet more or less to the East Right-of-Way line of Agnes Avenue; thence North 0 degrees 14 minutes West along said East Right-of-Way line 283.9 feet, more or less, to the Southwesterly Right-of-Way line of Swope Parkway as now established; thence Easterly and Southeasterly along said Southwesterly Right-of-Way line to the West Right-of- Way line of said College Avenue; thence Southerly along said West Right-of-Way line 212.45 feet to the point of beginning.
Including one half the width of all of the public rights-of-way immediately adjoining both Tracts 1 and Tract 2.
is hereby approved, subject to the following conditions:
1. Prior to recording the final plat the developer shall upload and secure approval of a street tree planting plan from the City Forester.
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. 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.
4. The developer shall secure approval of a UR final plan from City Planning and Development Department, Development Management Division staff prior to a building permit.
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 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.
7. 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)
8. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. (IFC-2018: § D106.3)
9. The building’s FDC shall be immediately recognizable from the street or nearest point of Fire Department access. (IFC-2018 § 912.2.1)
10. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4)
11. Required Fire department access roads shall be a minimum unobstructed width of twenty (20) feet and 13 ft.-6 in. clearance height. Check with Streets & Traffic (KCMO Public Works Department) or Missouri Department of Transportation (MODOT) that may have street planning regulations that supersede the Fire Code. (IFC-2018: § 503.2.1)
12. Buildings which have an occupiable floor greater than 75 feet above grade shall meet high-rise requirements. (IFC 2018 Sec 914.3)
13. Required Fire Department access roads shall be designed to support a fire apparatus with gross axle weight of 85,000 pounds. (IFC-2018: § 503.2.3)
14. 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)
15. All required Fire Department access roads shall be an all-weather surface. Grass pavers are not permitted. (IFC-2012: § 503.2.3)
16. Fire hydrant distribution shall follow IFC-2018 Table C102.1.
17. Proposed buildings shall have a Fire Department access road within 150 feet of any exterior portion of the structure. (IFC-2018: § 503.1.1)
18. The developer shall provide fire lane signage on fire access drives.
19. The developer shall provide Fire Department access roads before construction/demolition projects begin. (IFC-2018 § 501.4 and 3310.1; NFPA 241-2013 § 7.5.5)
20. 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 <http://www.knoxbox.com/>or on an official order form obtained through this Office.
21. 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)
22. 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)
23. 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)
24. 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 <http://www.knoxbox.com/>or on an official order form obtained through this Office.
25. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
26. The Fire Department Connection (FDC) shall not be located that obstructs access/egress to the building when in use (IFC-2018 § 912.2).
27. The developer shall provide a note on the plans indicating the use of metal door frames or jamb braces on residential exterior doors at the time of building plan review.
28. The developer shall provide a note on the plans for residential units to have 180-degree eye viewers, such as peep holes, at the time of building plan review.
29. 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 Section 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 2020 acquisition rate of $48,801.37 per acre. This requirement shall be satisfied prior to a certificate of occupancy.
30. The developer shall complete an updated traffic impact study prior to final action by city council and implement the required conditions pertaining to the appropriate project phase prior to each certificate of occupancy.
31. 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.
32. 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.
33. 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.
34. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
35. No water service tap permits will be issued until the public water main is released for taps.
36. 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.
37. The developer shall submit water main extension plans per the approved development plan for a new 8" water main and associated fire hydrants along Dr. Martin Luther King Boulevard. The plans shall follow the Kansas City Water rules and regulations and prepared by a Missouri professional engineer. The plans shall be under contract (permit) prior to either building permit issuance or final platting, whichever comes first.
38. The developer shall grant any BMP and surface drainage Easements to the City as required by the Kansas City Water Services Department, prior to recording the plat or issuance of any building permits.
39. 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.
40. 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.
41. 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.
42. The developer shall provide acceptable easement and secure permits to relocate sanitary sewers out from under proposed buildings and structures while continuing to ensure individual service is provided to all proposed lots as required by the Kansas City Water Services Department prior to recording the plat or issuance of a building permit, whichever occurs first.
43. 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.
44. 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.
45. 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.
46. The developer shall submit covenants, conditions and restrictions to the Kansas City Water Services Department for approval by the Law Department for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, prior to recording the plat.
47. All agreement and easement documents shall be submitted using IB159 to an Infrastructure Review Application on CompassKC for review and approval by the Kansas City Water Services Department prior to issuance of any 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 amendment 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