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Legislation #: 180918 Introduction Date: 11/29/2018
Type: Ordinance Effective Date: none
Title: Rezoning about 1.09 acres generally located at the northwest corner of Cherry Street and E. Armour Boulevard from Districts R.0.5 and R-2.5 to District UR, and approving a preliminary plat and development plan for the same. (CD-CPC-2018-00187)

Legislation History
11/29/2018 Filed by the Clerk's office
11/29/2018 Referred to Planning, Zoning & Economic Development Committee
12/5/2018 Advance and Do Pass, Debate
12/6/2018 Passed

View Attachments
180918.pdf Authenticated 178K Authentication
fact sheet.docx Fact Sheet 18K fact sheet
staff report.pdf Staff Report 468K staff report
Exhibit A.pdf Exhibit 1084K Exhibit A
plans.pdf Plan 20401K plans

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Rezoning about 1.09 acres generally located at the northwest corner of Cherry Street and E. Armour Boulevard from Districts R.0.5 and R-2.5 to District UR, and approving a preliminary plat and development plan for the same. (CD-CPC-2018-00187)




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 88-20A1175, rezoning an area of approximately 1.09 acres generally located at the northwest corner of Cherry Street and E. Armour Boulevard from Districts R.0.5 (Residential 0.5) and R-2.5 (Residential 2.5) to District UR (Urban Redevelopment), said section to read as follows:


Section 88-20A1175. That an area legally described as:


520 E. Armour: Beginning at the point of intersection of the centerlines of Armour Boulevard and Cherry Street, thence westerly along said centerline of Armour Boulevard to the intersection of the prolongation of the west lot line of Lot 13; thence northerly along the west lot line of Lot 13, 14, 15, 16 & 17 to the northwest corner of Lot 17; thence easterly along the north lot line of Lot 17 to the intersection of the prolongation of the north lot line of Lot 17 with the centerline of Cherry Street; thence southerly along the centerline of Cherry Street to the Point of Beginning. Approximately 1.09 acres.


is hereby rezoned from Districts R.0.5 (Residential 0.5) and R-2.5 (Residential 2.5) to District UR (Urban Redevelopment), all as shown outlined on a map marked Section 88-20A1175, 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.                  The minimum parking requirement shall be 0.7 parking spaces per residential unit.


2.                  All new signage shall comply with all applicable standards of 88-445 (general sign standards), 88-323 (boulevard and parkway standards) and is subject to sign permit approval.

3.                  The developer shall submit plans to the Land Development Division and obtain permits to construct sidewalks along the platted frontage, as shown on the plan for Cherry Street, and to a tie-in point with the existing sidewalks and construct associated ADA ramps.


4.                  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.


5.                  The owner/developer shall submit plans for grading, siltation, and erosion control 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.


6.                  The developer shall integrate into the existing streetlight system any relocated existing 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.


7.                  The developer shall submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department when applicable, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.


8.                  The developer shall submit an analysis to verify adequate capacity of the existing sewer system as requirement by the Land Development Division 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.


9.                  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 a 1.5 inch depth over the entire site 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.


10.              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.


11.              The developer shall align new/replaced ADA ramps with those on the opposing corners and align with existing crosswalk striping. Changes to striping within public streets require public improvement plan review and permit.


12.              The developer shall pay money in lieu of dedication of parkland in the amount per formula or dedicate private open space for parkland purposes. The developer shall receive credit for previous dedication and needs to show and list areas previously dedicated.


13.              The developer shall obtain an encroachment agreement for those items encroaching the right-of-way of Armour Boulevard. These include but are not limited to the following: roof overhangs, balconies, awnings, signs, sidewalk cafes, valet parking and/or fencing. The developer shall present plans to the Parks Development Review Committee and enter into an encroachment agreement with the Board of Parks and Recreation using the most recent encroachment fee schedule.


14.              The developer shall use Parks and Recreation Department approved site furnishings with Armour Boulevard’s right-of-way.


15.              The developer shall follow the boulevard and parkway standards established by Ordinance No. 150544 and described in but not limited to Section 88-323, 88-405; D, 88-450, 88-810-192, 88-810-512, 88-810-1108, 88-340-02 and 88-810-2165.


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 Armour Boulevard. 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 and as required by the Parks and Recreation Department, prior to recording the plat.


17.              The developer shall secure permits for the sidewalks within the development at the time street improvement permits are secured. Sidewalks shall be installed per the sidewalk installation plan reviewed and accepted by the Parks and Recreation Department along Armour Boulevard.


18.              Prior to construction adjacent to Armour Boulevard the developer and/or their representative shall obtain a parks permit for any temporary construction easement within a park or Armour Boulevard right-of-way including but not limited to the installation of a construction trailer, stockpiling of materials or equipment, construction roads and utility cabinets/meters.


19.              The expectation is the project will meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2012. (IFC-2012: § 507.1)


20.              Buildings equipped with a fire standpipe system shall have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC2012: § 507.5.1.1)


21.              All construction shall be in compliance of the applicable building codes which are in effect at the time of construction and shall be built under valid building permits issued by the City Planning and Development Department. (IFC-2012: § 102.4)


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 C. 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.




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 and legality:




Sarah Baxter

Assistant City Attorney