ORDINANCE NO. 260637
title
Sponsor: Councilmember Nathan Willett
Approving an amendment to an existing approved development plan in District B3-2 to allow for commercial/retail development on about 1.27 acres generally located south of N.E. Barry Road and west of N. Indiana Avenue. (Case No. CD-CPC-2026-00058)
body
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That an amendment to an existing approved development plan in District B3- 2 (Neighborhood Business) on an approximately 1.27 acre tract of land generally located south of N.E. Barry Road and west of N. Indiana Avenue, legally described as:
A tract of land located in the Northwest Quarter of Section 7, Township 51 North, Range 32 West of the 5th P.M., in the City of Kansas City, Clay County, Missouri and being more particularly described as follows: Beginning at the northwest corner of Tract B of final plat of Market Place 152 first plat as recorded in Plat Book I, page 88.1 as recorded in the Clay County Recorder’s Office thence along the western line of said Tract B South 00°29'06" West 182.01 feet; thence 26.66 feet along a curve to the right having a radius of 270.00 feet whose chord bears South 03°18'49" West 26.65 feet; thence 55.55 feet along a curve to the right having a radius of 45.00 feet whose chord bears South 41°30'43" West 52.09 feet; thence South 76°52'34" West 29.89 feet; thence leaving said western line South 79°34'28" West 37.87 feet; thence 26.65 feet along a curve to the right having a radius of 145.00 feet whose chord bears South 84°50'20" West 26.61 feet; thence North 89°53'48" West 87.70 feet; thence North 00°29'06" East 265.33 feet to a point on the southern right of way of N.E. Barry Road (variable width); thence along said southern right of way South 89°30'54" East 215.92 feet to the point of beginning and containing 55,510 square feet or 1.27 acres more or less.
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. 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. 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.
4. Prior to recording the final plat the developer shall upload and secure approval of a street tree planting plan from the City Forester.
5. The developer shall secure approval of a project plan from the City Plan Commission prior to a building permit for each lot within the development, with the exception of Lot 6.
6. 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.
7. All vehicular areas within the development must be screened in accordance with Section 88-425 of the Zoning and Development Code.
8. This Development Plan shall act in lieu of a special use permit for Motor Vehicle Repair General within the B3-2 zoning district as permitted by Section 88-517-09-D.
9. Outstanding corrections by the Police Department and Water Services Department shall be resolved prior to being heard by City Council.
10. 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)
11. Required Fire Department access roads shall be designed to support a fire apparatus with a gross axle weight of 85,000 pounds. (IFC-2018: § 503.2.3)
12. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
13. All required Fire Department access roads shall be an all-weather surface. Grass pavers are not permitted. (IFC-2012: § 503.2.3)
14. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4)
15. Fire hydrant distribution shall follow IFC-2018 Table C102.1.
16. 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)
17. 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)
18. 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)
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. The developer shall enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division, prior to recording the plat.
25. 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.
26. The developer shall submit a detailed micro storm drainage analysis from a Missouri-licensed civil engineer to the Kansas City Water Services Department showing compliance with the current, approved macro study on file with the City and with current adopted standards in effect at the time of submission, including water quality BMP’s, prior to approval and issuance of any building permits to construct improvements on the site or prior to recording the plat, whichever occurs first. The developer shall verify and/or improve downstream conveyance systems or address solutions for impacted properties due to flow contributions from the site; and the developer shall construct any other improvements as required by the Kansas City Water Services Department as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase.
27. The developer shall provide covenants to maintain private storm and sanitary sewer mains acceptable to the Kansas City Water Services Department for any private storm sewer mains prior to the issuance of any building permits.
28. The developer shall provide private (storm drainage, sanitary sewer) easements for any private mains prior to 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 amendment hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and had.
end
______________________________________________________
I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.
______________________________
Secretary, City Plan Commission
Approved as to form:
______________________________
Sarah Baxter
Senior Associate City Attorney