ORDINANCE NO. 260136
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Sponsor: Director of City Planning and Development Department
Rezoning an area of about 4.33 acres generally located between 8th Street and 10th Street and between Broadway and Wyandotte from District DC-15 to District UR and approving a development plan to allow for commercial and residential uses. (CD-CPC-2025-00168)
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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-1527, rezoning an area of about 4.33 acres generally between 8th Street and 10th Street and between Broadway and Wyandotte from District DC-15 (Downtown Core) to District UR (Urban Redevelopment), said section to read as follows:
Section 88-20A-1527. That an area legally described as:
TRACT 1: 801 BROADWAY BOULEVARD:
Lots 16, 17 and 18 and part of Lot 19, Block 4, Hubbard's Addition to the City of Kansas, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, described as follows: Beginning at the southeast corner of Broadway and Eighth Street in Kansas City, Jackson County, Missouri, as the same are marked and designated on the recorded Plat of Hubbard's Addition to the City of Kansas; thence south with the east line of Broadway, 202.9 feet, more or less, to a point 95 feet south of the north line of the tract of 1½ acres conveyed to Chester M. Root, by Johnston Lykins by the Deed dated February 5, 1857, and recorded in Book 26, page 391, in the office of the Recorder of Deeds for said county; thence east and parallel with said north line, 142 feet, more or less, to the west line of May Street; thence north with the west line of May Street, 203.1 feet, more or less to the Eighth Street; thence west with the south line of Eighth Street, 142 feet, more or less, to the point of beginning.
TRACT 2: 801 BROADWAY BOULEVARD:
All of that part of Lots 19 and 20, Block 4, Hubbard's Addition to the City of Kansas, beginning at a point on the east line of Broadway, 37.5 feet north of the north line of Ninth Street; thence east and parallel to the north line of Ninth Street, 142 feet to the west line of May Street; thence north along the west line of May Street, 48.6 feet to the center of a party wall; thence west along the center of said party wall, 142 feet to the east line of Broadway; thence south 48.53 feet to the point of beginning, in Kansas City, Jackson County, Missouri.
TRACT 3: 809 MAY STREET.
All that part of Block 5, in King's Resurvey, Blocks No. 5, 6, 7, and 8, Hubbard's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, described as follows: Beginning at the intersection of the east right-of-way line of May Street with the north right-of-way line of 9th Street, as both are now established; thence east along said north right-of-way line, 117 feet, 8 inches, more or less, to a point 6 feet, 4 inches west of the east line of Lot 16, Block 5 of said subdivision; thence north parallel with the east line of said Lot 16, a distance of 130.2 feet, more or less, to the south line of alley; thence west along said south line, 117 feet, 8 inches, more or less, to the east right-of-way line of said May Street; thence south along said east right of-way line, 130.2 feet, more or less, to the point of beginning.
TRACT 4: 316 W. 9TH STREET.
Lot 17 and the east 6 feet 4 inches of Lot 16, except that part in 9th Street, Block 5, King's Resurvey, Blocks No. 5, 6, 7, and 8, Hubbard's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
TRACT 5: 314 W. 9TH STREET.
Lots 18, 19, 20 and 21, Block 5, King's Resurvey, Blocks No. 5, 6, 7, and 8, Hubbard's Addition, a subdivision in Kansas City, Jackson County, Missouri.
TRACT 6: 801 BROADWAY BOULEVARD.
All that part of Block 4, Hubbard's Addition to the city of Kansas, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, described as follows: Beginning at the northeast corner of 9th and Broadway Streets in said city and running thence north along the east line of Broadway 37½ feet; thence east and parallel with the north line of 9th Street, 142 feet to the west line of May Street; thence south along the west line of May Street, 37½ feet to the north line of 9th Street; thence west along the north line of 9th Street, 142 feet to the point of beginning.
TRACT 7: 210 W. 10TH STREET.
All of Lots 12, 13 and 14, and certain surplus of land appurtenant to or included in said three lots all in Block 3; also all of Lots 1, 2, 3, 4, 5, 6, 7 and 8, in Block 7; also all of the vacated alley lying south of and adjoining said Lot 12, in Block 3, and north of and adjoining said Lots 1, 2, 3, 4, 5 and 6, in Block 7; also all of the vacated alley lying east of and adjoining said Lot 6 and west of and adjoining said Lot 7, in Block 7; excepting, however, all of that part of said Lot 14, in Block 3, which lies north of a line drawn from a point on the east line of Central Street, 13.92 feet south of the northwest corner of said Lot 14, to a point on the east line of said Lot 14, which is 13.93 feet south of the northeast corner of said Lot 14; excepting also the north 12 feet of said Lots 7 and 8, in Block 7, now in public alley, and excepting also the south 5 feet of all of said premises in Block 7, conveyed to Kansas City, Missouri, for street purposes; all in Ashburn's Addition to the City of Kansas, now Kansas City, Missouri; together with the vacated east 5 inches of Central Street, lying west of and adjoining a part of the above-described premises; the entire tract of land above described being more particularly described by metes and bounds as follows, to-wit: Beginning at a point in the east line of Central Street, 211.8 feet south of the northwest corner of Lot 22, in Block 3, said Ashburn's Addition, said point of beginning being 14 feet south of a common corner between Lots 14 and 15, in said Block 3, as located on the ground; thence west 5 inches to the northwest corner of the strip of land 5 inches in width formerly in Central Street and now vacated by ordinance of Kansas City, Missouri No. 13621; thence south along the east line of Central Street as now established and along the west line of said vacated strip, 213.13 feet, more or less, to the north line of 10th Street, as widened by the Deed recorded in Book B-4125, at page 381; thence east along the north line of 10th Street, widened as aforesaid, 232.29 feet, more or less, to the east line of Lot 8, in said Block 7; thence north along the east line of Lot 8, aforesaid 124.22 feet, more or less, to the south line of a public alley; thence west along the south line of said public alley, 52.33 feet, more or less, to the west line of Lot 7, said Block 7; thence north along the west line of said Lot 7, said Block 7 (being the east line of a vacated alley) 12 feet, more or less, to the northwest corner of said Lot 7; thence west to the northeast corner of said Lot 6; thence north along the prolongation north of the east line of said Lot 6 and along the east lines of Lots 12, 13 and 14, in Block 3, aforesaid 77.64 feet, more or less, to a point in the east line of said Lot 14, which is 13.93 feet south of the northeast corner of said Lot 14; thence west to a point in the west line of said Lot 14, which is 13.92 feet south of the northwest corner of said Lot 14; thence south along the west line of said Lot 14 (being the east line of Central Street) .08 feet to the point of beginning.
TRACT 8: 210 W. 10TH STREET.
All of Lots 14, 15, 16, and 17, Block 3, excepting all that part of Lot 14, which lies south of a line drawn from a point on the east side of Central Street 13.92 feet south of the northwest corner of Lot 14 to a point on the east line of Lot 14 which is 13.93 feet south of the northeast corner of said Lot 14, Ashburn's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
TRACT 9: 208 W. 10TH ST.
Lot 9, Block 7, Ashburn's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
TRACT 10: 910 CENTRAL STREET.
Lots 7, 8 and 9, Block 4, Ashburn's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
TRACT 11: 301 W. 9TH ST.
Lots 1, 2, 3, 4 and the north 11 feet of Lot 5, Block 4, Ashburn's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
TRACT 12: 906 CENTRAL STREET.
The south 14 feet of Lot 5 and all of Lot 6, Block 4, Ashburn's Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
is hereby rezoned from District DC-15 (Downtown Core) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A-1527 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. 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. This condition may be satisfied by an assigned City Planning and Development Building Inspector.
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. 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.
5. The developer shall secure approval of a UR final plan from Development Management Division staff for each plan area prior to a building permit. The UR final plan will need to include detailed landscape plans (species and sizes identified), photometric plans, and parking plan designs in compliance with the Zoning and Development Code.
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 proposed development is in an area where the Kansas City Downtown Airport - Wheeler Field (MKC) height zoning restrictions apply. No structure in this area should be constructed which exceeds these restrictions.
Given the potential height and proximity of this plan to MKC, the proposed development shall be studied according to FAR Part 77, Objects Affecting Navigable Airspace, standards. The proponent/developer shall file an on-line Form 7460-1, Notice of Proposed Construction or Alteration, for permanent vertical improvements or new structures and receive a Determination of No Hazard to Air Navigation from the FAA. Temporary cranes used for construction activities extending higher than the proposed top elevation of the building will need to be evaluated for compliance with FAR Part 77 standards as well. The FAA’s Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) website can be accessed at https://oeaaa.faa.gov/oeaaa/external/portal.jsp.
It is further recommended the proponent/developer provide the FAA with a 1A survey accuracy statement assuming the highest horizontal and vertical tolerance was used for this design. This information certifies the ground elevations the developer has portrayed within the plans are of a higher level of accuracy. Per OEAAA, if this accuracy statement isn’t provided, an adjustment commensurate with a 50-foot vertical buffer is applied to the development. This information can be referenced at: <https://oeaaa.faa.gov/oeaaa/external/content/surveyAccuracy.jsp>
The proponent/developer is recommended to comply with Chapters 3, 4, and 5 of FAA Advisory Circular (AC) 70/7460-1, Obstruction Marking and Lighting, as amended.
8. The applicant shall consolidate lots through an approved City process prior to issuance of any certificate of occupancy.
9. Building plans submittal shall meet the requirements of the Kansas City Building and Rehabilitation Code in effect at the time of submission.
10. 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. An elevator Knox Box shall be provided in the elevator lobby nearest the lowest point of Fire Department access. (IFC-2018 § 506.1)
11. 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)
12. Buildings which have an occupiable floor greater than 75 feet above grade shall meet high-rise requirements ( IFC 2018 Sec 914.3).
13. 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) 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). The building’s FDC shall be immediately recognizable from the street or nearest point of Fire Department access. (IFC-2018 § 912.2.1).
14. 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.
15. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
16. Aerial fire apparatus access roads shall be provided for any building that is 30 feet in height or greater. Aerial fire apparatus roads are 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). Buildings exceeding three (3) stories or 30 feet in height shall have at least two means of fire apparatus access. (IFC-2018: § D104.1)
17. Fire and life safety systems shall be designed for occupancy type that is appropriate.
18. Prior to obtaining a certificate of occupancy, the multi-family units shall all have 180-degree eye viewers, such as peep holes which will allow a person to view outside their apartment prior to opening the door.
19. The multi-units shall have added reinforcement to the exterior doors of the property for safety. Items such as steel braces to reinforce wooden door frames or metal door frames have been proven to lower the risk of criminal activity.
20. Prior to approval of final plan, a photometric plan of the 9th and Central parking garage shall be submitted for review and a lighting study shall be completed on Poindexter Parking Garage, Centennial Lofts to ensure the minimums listed below are met. The industry standard for average maintained footcandles for a parking garage according to the Illumination Engineering Society (IES) would be 6 fc on pavement with an average to minimum ratio of 4:1, 10 fc at elevators and stairs with the average to minimum ratio of 4:1. (Guide G-1-22, Sec. 8.8).
21. Broadway Boulevard is classified as a boulevard; therefore, any new developments, façade changes, or additions as listed in the applicability section of 88-232-01-A, shall comply with the parkway and boulevard standards or obtain a deviation or granted a variance from the Board of Zoning Adjustments prior to obtaining a building permit.
22. 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 recording the plat/issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.
23. 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.
24. 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 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
25. 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.
26. The developer shall submit a final plan detailing recreational amenities proposed within each private open space tract serving to satisfy the parkland dedication requirements. Please note, each area shall provide recreational amenities. Final plan shall be submitted prior to recording of the final plat.
27. The developer shall enter into an easement agreement with the Parks and Recreation Department for all open space areas to be counted towards the parkland dedication requirements. This agreement shall be executed prior to a certificate of occupancy.
28. The developer shall submit construction plans in compliance with adopted standards for planned street improvements and additional improvements required by the traffic study approved by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.
29. Proposed on-street parking shall be approved by the Public Works Department prior to the issuance of a permit from the Land Development Division for construction. Requests for on-street parking require review by Public Works staff during the plan review process.
30. 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.
31. 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.
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 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.
34. When an existing building is being renovated, is being changed in use or occupancy, or is undergoing a building addition, and the existing water service line(s) will be reused, the water service line(s) and related appurtenances shall meet the most current version of the Kansas City Water rules and regulations.
35. 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.
36. The developer shall have a Missouri professional engineer submit a signed and sealed analysis of the flows and pressures for the existing water main capacity vs. the proposed new building demands. All public water main extensions, relocations, and improvements shall be submitted through CompassKC as water main extension plans. The plans shall meet the Kansas City Water rules and regulations for water main extensions and shall be under contract (permit) prior to platting or building permit issuance, whichever occurs first.
37. The developer shall secure permits to extend public sanitary 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.
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 development plan described above is hereby approved with the following deviations from Chapter 88, Code of Ordinances:
1. Approving a deviation from Section 88-338-01-E, allowing vehicle access in a Downtown Development to be accessed off a main street instead of an alley or side street as required by the Zoning and Development Code.
2. Approving a deviation from table 420-5, Minimum Accessible Parking Dimensions, allowing for a minimum vertical clearance of 84” (inches) instead of the required 98” (inches) for van accessible spaces for the Centennial Lofts site.
Section D. 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