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[COMMITTEE SUBSTITUTE FOR]ORDINANCE NO. 240982
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Sponsor: Councilmember Andrea Bough
COMMITTEE SUBSTITUTE
Approving an amendment to a previously approved development plan on about 1.5 acres to allow for a multi-unit apartment complex approximately 232 feet in height in District B4-5 (Heavy Business/Commercial) generally located at 4615 Roanoke Parkway. (CD-CPC-2024-00120)
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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 B4-5 generally located at 4615 Roanoke Pkwy, and more specifically described as follows:
All that part of Roanoke Parkway as now established along the Northeasterly right-of- way line of said Roanoke Parkway and being shown as that notched out area along the Southwesterly line of Lots 2 and 3 of PLAZA WEST, a subdivision in Kansas City, Jackson County, Missouri according to the recorded plat thereof and filed June 25, 1986 in the Office of the Recorder of Deeds for said County and State as Document No. K0720875 in Plat Book 36 at Page 86, all being situate in the Southwest Quarter of the Northeast Quarter of Section 30, Township 49 North, Range 33 West in said City, County and State and being more particularly described as follows:
Commencing at the Southwest comer of aforesaid Lot 3, being also the point of intersection of the North right-of way line of West 47th Street, as now established with the Northeasterly right-of-way line of aforesaid Roanoke Parkway; thence North 33 degrees 40 minutes 34 seconds West (North 33 degrees 38 minutes 26 seconds West, Plat) along the common line between the Southwesterly line of said Lot 3 with the Northeasterly right-of-way line of said Roanoke Parkway, a distance of 172.47 feet to an angle point in the Northeasterly right-of- way line of said Roanoke Parkway and the Point of Beginning of the tract of land to be herein described; thence North 02 degrees 23 minutes 40 seconds East (North 02 degrees 25 minutes 47 seconds East, Plat), continuing along the along the common between the Westerly line of said Lots 3 and 2 with the Easterly right-of-way line of said Roanoke Parkway, a distance of 60.43 feet to an angle point in the Easterly right-of- way line of said Roanoke Parkway; thence North 87 degrees 24 minutes 31 seconds West (North 88 degrees 22 minutes 23 seconds West, continuing along the along the common line between the Southerly line of said Lot 2 with the Northerly right-of-way line of said Roanoke Parkway, a distance of 44.13 feet to an angle point in the Northeasterly right-of-way line of said Roanoke Parkway; thence South 33 degrees 40 minutes 34 seconds East, 74.95 feet to the Point of Beginning.
is hereby approved, subject to the following conditions:
1. 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 Certificate of Occupancy.
2. The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping, street trees, and art required of the approved plan has been installed in accordance with the plan and, with respect to the landscaping and trees, is healthy prior to Certificate of Occupancy.
3. Unless the condition(s) were updated with this ordinance, the conditions contained in Ordinance Nos. 170023, 170405, and 220155, shall remain in full force and effect.
4. Roof mounted mechanical equipment shall comply with 88-425-08-D.
5. No detailed sign plan was provided. All signage must comply with 88-445 (non- residential district).
6. This project must meet all requirements of the 2018 International Building Code (IBC), Kansas City Building and Rehabilitation Code (KCBRC), and 2021 International Energy Conservation Code (IECC).
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. Fire hydrants shall be installed and operable before the arrival of any combustible building materials onto the site. (IFC 2018 § 501.4 and 3312.1; NFPA 241 2013 § 8.7.2)
9. Fire hydrant distribution shall follow IFC 2018 Table C102.1.
10. Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC 2018 § 507.5.1.1)
11. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC 2018 § 507.1)
12. Buildings which have an occupiable floor greater than 75 feet above grade shall meet high rise requirements.( IFC 2018 Sec 914.3)
13. The developer shall submit a lighting plan for the parking garage prior to obtaining a building permit. The industry standard for average maintained footcandles for a parking garage according to the Illumination Engineering Society (IES) would be 6 footcandles on pavement with an average to minimum ratio of 4:1 and 10 footcandles at elevators and stairs with the average to minimum ratio of 4:1. (Guide G-1 22)
14. 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 2021 acquisition rate of $48,801.37 per acre. This requirement shall be satisfied prior to certificate of occupancy.
15. Prior to construction adjacent to a parks and recreation jurisdictional street and/or park thedeveloper and/or their representative shall obtain aparks permit for storage and restoration within a park or a parks and recreation jurisdictional street to address issues including but not limited to the installation of construction trailers, stockpiling of materials or equipment, road construction , and utility cabinets/meters.
16. 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/parkways, which are parks and recreation jurisdictional streets. The letter shall identify the state of repair as defined in Chapters 56 and 64 of the 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 issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.
17. The developer shall submit plans to the 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, including 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 pursuant to Parks and Recreation Department standards.
18. The developer shall comply with the Parkway and Boulevard Standards as outlined in 88- 323 of the Zoning and Development Code.
19. The developer shall revise fencing/walls as proposed along Roanoke Parkway or seek approval of a variance from the Board of Zoning Adjustment. Pursuant to 88-323-02-D, any fencing that is visible from a boulevard or parkway shall be 80 percent transparent and constructed of high quality, permanent materials.
20. The proposed private open space tract located at the southern portion of the development shall not be counted towards the parkland dedication requirements per section 88-408. Parkland dedication requirements shall be satisfied prior to issuance of certificate of occupancy.
21. The developer shall integrate into the existing street light system any relocate existing street lights 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.
22. 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.
23. 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.
24. 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 of the Code of Ordinances for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, 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 occupancy permits.
25. The developer shall submit construction plans in compliance with adopted standards for street improvements proposed for Roanoke Parkway to the Parks and Recreation Department and Public Works Department, and shall secure permits for those improvements as required, prior to recording the plat.
26. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
27. The developer shall ensure that water and fire service lines meet current Water Services Department Rules and Regulations, prior to issuance of a certificate of occupancy.
28. No water service line will be less than 1 1/2” in diameter where three or more units or commercial building will be served by one domestic service line and meter.
29. The existing water distribution mains in the area are insufficient to support the fire and domestic demands for this development project. The developer will be required to hire a Missouri PE to analyze the extent of upgrades necessary to the existing water distribution system. The new water mains will need to provide adequate flow and pressure to support the domestic and fire demands of the new building. Public fire hydrants will need to be located at 300' max. spacing along the perimeter streets. Water Main extension plans will need to be developed following KC Water Rules and Regulations for Water Main Extensions and will need to be contracted (permitted) prior to building permit issuance. Coordination with the water main replacement project planned for the area may be possible depending on the timing.
30. The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances, by making application for a minor subdivision and submitting and recording a lot consolidation plat or replating the property in accordance therewith.
31. The developer shall submit a storm drainage analysis from a Missouri licensed civil engineer to KC Water 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. 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 KC Water prior to recording the plat.
32. The developer must 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.
33. The owner/developer must submit plans for grading, siltation, and erosion control to KC Water 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.
34. The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by KC Water prior to issuance of a building permit to connect private system to the public sewer main and depending on adequacy of the receiving system make other improvements may be required.
35. The developer shall provide acceptable easements and secure permits to relocate sanitary sewers out from under proposed buildings and structures, etc. Any existing public lines located under proposed structures must be abandoned in place or removed and easements vacated or relocated and new easements provided, as required by KC Water prior to recording the plat or issuance of a building permit, whichever occurs first.
36. The developer must grant a BMP Easement to the City as required by KC Water, prior to recording the plat or the 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 development plan described above is hereby approved with the following deviation from Chapter 88, Code of Ordinances:
1. A deviation to the maximum floor area ratio of a B4-5 zoning district to permit a floor area ratio of 6.9 for the subject property.
Section C. 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