ORDINANCE NO. 250559
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Sponsor: Director of City Planning and Development Department
Approving a development plan on about 32 acres to allow for the creation of 193 townhome units in District SC (Shoal Creek) generally located at the northeast corner of Northeast 76th Street and Northeast Shoal Creek Parkway. (CD-CPC-2025-00046)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That a development plan in District SC generally located at the northeast corner of Northeast 76th Street and Northeast Shoal Creek Parkway, and more specifically described as follows:
A tract of land located in the Southwest Quarter of Section 10 and the Northwest Quarter of Section 15 all in Township 51North, Range 32 West, located in the City of Kansas City, Clay County, Missouri and being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 10; thence North 88°42'51" West, along the South line of said Southwest Quarter, a distance of 615.86 feet to the point of beginning; thence North 88°42'41" West, continuing along said South line, a distance of 677.53 feet; thence South 00°56'37" West, along said Westerly line, a distance of 2033.50 feet; thence continuing along the Westerly line, North 88°42'50" West, a distance of 428.90 feet; thence continuing along said Westerly line, South 00°58'40" West, a distance of 478.22 feet to the Northerly right-of-way line of Northeast 76th Street as it currently exists; thence Northerly along said Northerly right-of-way line, along a curve to the right, having a Chord Bearing of North 48°47'10" West, a Chord Distance of 155.97 feet, a radius of 564.69 feet, an arc length of 156.47 feet; thence North 40°50'51" West, continuing along said Northerly right-of-way line, a distance of 329.85 feet; thence Westerly, along a curve to the left, having a Chord Bearing of North 59°25'39" West, a Chord Distance of 411.24 feet, a radius of 645.33 feet, an arc length of 418.54 feet to the Easterly right-of-way of Northeast Shoal Creek Parkway as it currently exists; thence North 25°05'39" East, along said Easterly right-of-way line a distance of 2377.53; thence Northerly, continuing along said Easterly right-of-way line, along a curve to the left, having a Chord Bearing of North 24°49'55" East, a Chord Distance of 34.76 feet, a radius of 3757.05 feet, an arc length of 34.76 feet to the Southwest corner of The Village Sixth Plat, a subdivision in the City of Kansas City, Clay County, Missouri according to the recorded plat thereof; thence South 74°15'11" East, along the Southerly line of said The Village Sixth Plat, a distance of 120.22 feet; thence North 89°54'30" East, continuing along said Southerly line, a distance of 85.81 feet; thence North 85°49' 49" East, continuing along said Southerly line, a distance of 139.43 feet; thence North 86°50'48" East, continuing along said Southerly line, a distance of 65.05 feet; thence South 81°26'10" East, continuing along said Southerly line, a distance of 42.07 feet; thence South 66°24'26" East, continuing along said Southerly line, a distance of 62.72 feet; thence South 57°16'02" East, continuing along said Southerly line, a distance of 77.80 feet; thence South 70°59'35" East, continuing along said Southerly line, a distance of 177.92 feet; thence North 84°16'59" East, continuing along said Southerly line, a distance of 92.01 feet; thence South 08°32'02" West, a distance of 119.89 feet to the point of beginning.
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 have been preserved in accordance with the plan and are healthy prior to a certificate of occupancy.
2. Vinyl siding is not a permitted material within the Shoal Valley Townhome Development.
3. Prior to submittal of the final plat, the applicant shall submit and gain approval of a street name plan by the street name committee.
4. Prior to recording of the final plat the developer shall secure approval of a project plan from the City Plan Commission for each private open space tract.
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. 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.
7. 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.
8. 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.
9. Building plans submittal shall meet the requirements of the Kansas City Building and Rehabilitation Code in effect at the time of submission.
10. One- and two-family residential developments exceeding 30 dwelling units shall have at least two separate and approved fire apparatus access roads. (IFC-2018: § D107.1)
11. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4)
12. 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)
13. Fire Department access roads shall be provided before construction/demolition projects begin. (IFC-2018 § 501.4 and 3310.1; NFPA 241-2013 § 7.5.5)
14. Required Fire Department access roads shall be an all-weather surface. (IFC-2012: § 503.2.3) (No Grass Pavers Allowed)
15. 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.
16. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1)
17. 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)
18. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. (IFC-2018: § 503.2.5)
19. Consider all units in the multi-family development to have 180-degree eye viewers, such as peep holes which will allow a person to view outside their apartment prior to opening the door.
20. Add 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 crimes.
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 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.
22. 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.
23. 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
24. 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.
25. 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. The final plan shall be submitted prior to release of the final plat.
26. N.E. Shoal Creek Parkway is classified as a parkway; 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 variance from the Board of Zoning Adjustments prior to obtaining a building permit.
27. The developer shall submit a streetscape plan with street tree planting plan per 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.
28. 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 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 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.
29. 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.
30. The developer shall pay impact fees as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division.
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 design and construct all interior public streets to City standards, as required by Chapter 88 and the Land Development Division, including curb and gutter, storm sewers, streetlights, and sidewalks.
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. Branch service lines one-and-one-half inches and larger in diameter for domestic water services or fire protection lines shall be connected to the main by cutting in a minimum 6” branch service tee, installing three gate valves, and two solid sleeves on the main. Line valves on the main shall be the same nominal size as the main.
35. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
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. A full flow fire meter shall be required when the fire protection service line serves more than one building, or combination service lines 6 inches and larger, or that have private fire hydrants connected to them.
38. No water service tap permits will be issued until the public water main is released for taps.
39. The developer shall provide covenants to maintain private sanitary sewer mains acceptable to the Kansas City Water Services Department for any private sanitary sewer mains prior to the issuance of any building permits.
40. The developer shall provide covenants to maintain private storm sewer mains acceptable to the Kansas City Water Services Department for any private storm sewer mains prior to the issuance of any building permits.
41. The developer shall submit covenants, conditions and restrictions to the Kansas City Water Services Department for approval by 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. 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.
43. The developer shall submit a preliminary stream buffer plan prior to approval of the plan in accordance with the Section 88-415 requirements.
44. 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.
45. The developer shall provide covenants to maintain private water mains acceptable to the Kansas City Water Services Department for any private water mains prior to the issuance of any building permits.
46. The developer must 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.
47. 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.
48. 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.
49. The developer shall submit plans for grading, siltation, and erosion control to the Kansas City Water Services Department for review and acceptance, and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.
50. 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.
51. 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.
52. 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.
53. 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.
54. The developer shall provide private (water, 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 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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Tammy L. Queen
Director of Finance
Approved as to form:
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Sarah Baxter
Senior Associate City Attorney