ORDINANCE NO. 230490
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Sponsor: Director of City Planning and Development Department
Rezoning an area of about 17.82 acres generally located at Truman Road and Van Brunt Boulevard from Districts B3-2 and R-2.5 to District UR and approving a development plan to allow for four additional buildings. (CD-CPC-2023-00046).
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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-1389, rezoning an area of about 17.82 acres generally located at Truman Road and Van Brunt Boulevard from Districts B3-2 (Community Business (Dash 2)) and District R-2.5 (Residential 2.5) to District UR (Urban Redevelopment), said section to read as follows:
Section 88-20A-1389. That an area legally described as:
All of Lots 1, 2, and part of Lots 25 and 26, the Stephen Fisher Addition, a subdivision in Kansas City, Jackson County, Missouri, and part of Lots 10 thru 25, inclusive, Munroe Heights, a subdivision in said city, county and state, described as follows: Beginning at the southeast corner of Lot 2 in said Stephen Fisher Addition, said point being on the north right-of-way line of Van Brunt Drive; thence North 87°32'44" West, along said north right-of-way line, 25.00 feet from the centerline thereof, 216.16 feet to the southwest corner of the east 75.00 feet of Lot 25 in said Stephen Fisher Addition; thence North 02°09'20" East, along the west line of the east 75.00 feet of Lots 25 and 26 in said Stephen Fisher Addition, and the west line of the east 75.00 feet of Lots 10 thru 17, inclusive, in said Munroe Heights, 467.52 feet to the northwest corner of the east 75.00 feet of said Lot 10; thence South 87°30'28" East, along the north line of said Lot 10, across an alley, and along the north line of Lot 25 in said Munroe Heights, 216.24 feet to the west right-of-way line of Hardesty Avenue as now established; thence South 02°09'54" West, along said west right-of-way line, 30.04 feet from the centerline thereof, 467.38 feet to the point of beginning, containing 2.320 acres, more or less.
is hereby rezoned from Districts B3-2 (Community Business (Dash 2)) and District R-2.5 (Residential 2.5) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A-1389, 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. All signage shall conform to 88-445 and shall require a sign permit prior to installation.
2. The developer shall secure approval of a UR final plan from Development Management Division staff prior to a building permit.
3. 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 prior to a certificate of occupancy.
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 mechanical equipment and dumpsters shall be screened pursuant to 88-425-08.
7. All proposed buildings located outside the PIEA plan area will require a project plan to be approved by the City Plan Commission prior to the issuance of any building permit.
8. The PIEA plan shall be amended if the developer is to rezone any remaining part of the campus to Urban Redevelopment (UR).
9. Public fire hydrants shall be spaced every 300 feet along adjacent perimeter streets. 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.
10. The project shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC 2018 § 507.1)
11. 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)
12. 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) 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)
13. All required Fire Department access roads shall be an all-weather surface. (IFC 2012: § 503.2.3) Fire Department access roads shall be provided prior to construction/demolition projects begin. (IFC 2018 § 501.4 and 3310.1; NFPA 241 2013 § 7.5.5) 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)
14. 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).
15. Dead-end Fire Department access road(s) in excess of 150 feet shall be provided with an approved turnaround feature (i.e., cul-de-sac, hammerhead). Dead-end streets in excess of 150 feet in length resulting from a “phased” project shall provide an approved temporary turnaround feature (i.e., cul-de-sac, hammerhead). (IFC 2018: § 503.2.5) The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC 2018: § 503.2.4)
16. 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)
17. 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 or issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.
18. 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.
19. 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 2023 acquisition rate of $64,220.18 per acre. If electing to dedicate open space to serve as parkland dedication, said space shall be platted into a private open space tract, reserved for park uses and improved to provide park amenities. Details will need to be submitted identifying the amenities proposed within these spaces via final UR submittal. This requirement shall be satisfied prior to a certificate of occupancy (if paying money in lieu) or recording final plat (if platting open space tracts).
20. The developer shall have a water flow test done to ensure there is adequate water pressure to serve the development.
21. The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations prior to any certificate of occupancy.
22. The Water Services Department shall approve the final grading over the existing 6” CIP N/S public water main, verifying 42” minimum depth of cover is maintained. The developer shall submit fire hydrant plans prepared by a professional engineer, who is registered in the State of Missouri to the main extension desk for review, acceptance and contracts per Water Services Department’s rules and regulations for water main extensions and relocations.
23. The developer shall submit a storm drainage analysis from a Missouri licensed civil engineer to the Land Development Division 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 and 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 the Land Development Division prior to recording the plat.
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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Joseph Rexwinkle, AICP
Secretary, City Plan Commission
Approved as to form:
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Sarah Baxter
Senior Associate City Attorney