ORDINANCE NO. 260655
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Sponsor: Director of City Planning and Development Department
Approving a development plan on about 8 acres in District B3-4 generally located on the east side of North Oak Trafficway at Northeast Hill Street to allow a 24 unit townhouse development. (CD-CPC-2026-00070)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That a development plan in District B3-4 (Community Business) generally located at on the east side of North Oak Trafficway at Northeast Hill Street, and more specifically described as follows:
A tract of land in the Northeast quarter of Section 11, Township 50, Range 33, Kansas City, Clay County, Missouri including Lot 10, Braecklein's Subdivision except that part thereof in U.S, Highway No. 169 more particularly described as follows: Commencing at the center corner of said Section 11, being a 2” aluminum monument in a monument box (Grid N: 1089761.88', Grid E: 2766896.86'); Thence South 89°07'19" East, a distance of 57.98 feet to the East right of way of U.S. Highway 169 (aka North Oak Trafficway), as now established, and the true POINT OF BEGINNING; Thence North 01°28'37" East, along said East right of way line, a distance of 298.13 feet; Thence North 88°31'18" West, continuing along said East right of way line, a distance of 20.00 feet; Thence North 01°28'42" East, continuing along said East right of way line, a distance of 191.68 feet; Thence South 89°05'47" East, a distance of 237.65 feet; Thence South 01°47'48" West, a distance of 489.95 feet; Thence South 89°07'19" East, a distance of 288.13 feet to a point on the West right of way of Cherry Street, as now established; Thence South 01°45'02" East, along said West right of way line, a distance of 451.25 feet; Thence North 89°02'23" West, a distance of 537.87 feet to a point on said East right of way line; Thence North 00°18'56" East, along said East right of way line, a distance of 298.58 feet; Thence North 01°32'14" East, continuing along said East right of way line, a distance of 25.41 feet; Thence South 88°31'24" East, continuing along said East right of way line, a distance of 25.22 feet; Thence North 01°39'00" East, continuing along said East right of way line, a distance of 74.34 feet; Thence North 88°31'51" West, continuing along said East right of way line, a distance of 10.00 feet; Thence North 01°28'37" East, continuing along said East right of way line, a distance of 51.86 feet to the true POINT OF BEGINNING. Containing 345,463 square feet or 7.93 acres more or less.
is hereby approved, subject to the following conditions:
1. The developer shall submit an affidavit, completed by an ISA certified arborist, an SAF certified forester, a professional engineer, or a landscape architect licensed in the State of Missouri, verifying that all trees preserved and all trees planted to meet mitigation required of the approved plan, whichever is applicable, has been installed or preserved in accordance with the plan and is healthy prior to a certificate of occupancy.
2. Prior to issuance of a building permit the applicant must gain approval of a vacation of right-of-way adjacent to North Oak Trafficway as identified in this plan.
3. 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.
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 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.
6. All signage shall conform to Section 88-445 and shall require a sign permit prior to installation.
7. 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.
8. The applicant shall provide elevations of the proposed barrier on the eastern side of the site with the permit application. This should be complimentary to the proposed development and not constructed of chain link fencing.
9. 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)
10. 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)
11. 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)
12. Fire hydrant distribution shall follow IFC 2018 Table C102.1.
13. 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)
14. All required Fire Department access roads shall be an all-weather surface. Grass pavers are not permitted. (IFC 2012: § 503.2.3)
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. Required Fire Department access roads shall designed to support a fire apparatus with gross axle weight of 85,000 pounds. (IFC 2018: § 503.2.3)
17. 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).
18. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC 2018: § 503.2.4)
19. The developer shall provide fire lane signage on fire access drives.
20. The developer shall provide a note on the plans indicating the use of metal door frames or jamb braces on exterior doors at the time of building plan review. City Planning and Development Department.
21. 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 2026 acquisition rate of $20,065.67 per acre. This requirement shall be satisfied prior to a certificate of occupancy.
22. The developer shall submit a streetscape plan with street tree planting plan per Section 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way.
23. The developer shall be responsible for tree preservation in an easement or platted tract, mitigation planting, or payment of cash in lieu of preservation or mitigation planting, or any combination thereof in accordance with Section 88-424. Should the developer choose to pay cash in lieu of preservation or mitigation of all or a portion of the required area, the amount due shall be based upon the rate specified in Section 88-424. This requirement shall be satisfied prior to issuance of a certificate of occupancy, or prior to the recording of the final plat, whichever occurs first.
24. 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.
25. The developer shall petition for the vacation of the nonuniform right-of-way area along N. Oak Trafficway as shown on the development plan and relocate sewers, if applicable, as required by the Departments of Water Services, the Land Development Division, and Development Services prior to recording of the final plat.
26. 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.
27. 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.
28. No water service tap permits will be issued until the public water main is released for taps.
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. The developer shall submit water main extension plans for an 8" DIP water main approximately 650' long. The plans shall be prepared by a Missouri professional engineer and submitted through CompassKC under the WME workflow for review, acceptance and contracts (permits). The plans shall follow the Kansas City Water Services 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.
31. 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. Easements shall be per the Kansas City Water Services Department matrix easement.
32. 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.
33. The developer shall submit a macro storm drainage study with the first plat or phase, from a Missouri licensed civil engineer to the Kansas City Water Services Department showing compliance with current adopted standards in effect at the time of submission, including water quality BMP’s, to the Kansas City Water Services Department for review and acceptance for the disturbed area, and submit a micro storm drainage study with each subsequent plat or phase showing compliance with the approved macro and adopted standards. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Kansas City Water Services Department.
34. 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 or outside the plat and include said document(s) within the public improvement applications submitted for permitting. Off-site improvements will require performance and maintenance bonds to be posted for permitting if determined to be necessary by the Director of the Kansas City Water Services Department.
35. 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.
36. 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.
37. 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, make other improvements as may be required.
38. The developer shall submit a preliminary stream buffer plan prior to approval of the plan in accordance with the Section 88-415 requirements.
39. The developer shall submit a final stream buffer plan to the Kansas City Water Services Department for approval prior to issuance of any building permits and obtain permits for the stream buffer prior to removal of any mature riparian species within the buffer zones due to construction activities on the site, in accordance with the Section 88-415 requirements.
40. The developer shall grant on City approved forms, a stream buffer easement to the City, as required by Chapter 88 and the Kansas City Water Services Department, prior to issuance of any stream buffer permits.
41. The developer shall submit covenants, conditions and restrictions to the Kansas City Water Services Department for approval the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.
42. 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 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