ORDINANCE NO. 160911

Approving a development plan in District B3-3 on approximately 6 acres generally located at the northeast corner of N.W. Barry Road and N. Marston Avenue, to allow for a 62,000 square foot health and rehabilitation facility. (14731-P)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a development plan in District B3-3 (Community Business (formerly GP-3 - Regional Business)) on approximately 6 acres generally located at the northeast corner of N.W. Barry Road and N. Marston Avenue, and more specifically described as follows:

A tract of land in the Northeast Quarter of Section 9, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the southeast corner of said Northeast Quarter; thence North 89 degrees 17 minutes 33 seconds West, along the south line of said Northeast Quarter, 214.50 feet; thence North 00 degrees 29 minutes 40 seconds East, 71.00 feet to a point on the north right-of-way line of N.W. Barry Road, as now established, said point also being the point of beginning of the tract of land to be herein described; thence North 89 degrees 17 minutes 33 seconds West, along said north right-of-way line, 817.09 feet to a point on the east right-of-way line of N. Marston Avenue, as now established; thence North 00 degrees 29 minutes 40 seconds East, along said east right-of-way line, 317.22 feet to a point on the south line of Alandale, a subdivision of land in said Kansas City, Platte County, Missouri; thence South 89 degrees 18 minutes 30 seconds East, along said south line, 817.09 feet; thence South 00 degrees 29 minutes 40 seconds West, 314.45 feet to the point of beginning. Containing 259,290 square feet or 5.95 acres, more or less.

is hereby approved, subject to the following conditions:

1.                  The developer shall submit a street tree planting plan to the City Forester (Parks and Recreation Department) and a copy to the Development Management Division as part of the final plat application. The developer shall also secure the approval of the City Forester for street trees to be planted in the right of way prior to Mylar approval of the final plat.

2.                  The developer shall submit a letter by the landscape architect attesting to the installation of the approved landscape plan prior to issuance a certificate of occupancy.

3.                  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.

4.                  The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to the Land Development Division, in accordance with adopted standards, including a BMP level of service analysis prior to approval and issuance of any building permits, and the developer shall secure permits to construct any improvements as required by the Land Development Division prior to issuance of any certificate of occupancy.

5.                  The east half of N. Marston Avenue shall be improved to collector standards as required by Chapter 88, to current standards, including curbs, gutters, sidewalks, streetlights, relocating any utilities as may be necessary and adjusting vertical grades for the road and obtaining required permits from the Land Development Division for said improvement prior to recording the plat.

6.                  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.

7.                  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.

8.                  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, to identify sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" 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.

9.                  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.

10.              The owner/developer shall submit plans for grading, siltation, and erosion control to the Land Development Division 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.

11.              The developer shall grant a BMP Easement to the City as required by the Land Development Division, prior to recording the plat or issuance of any building permits.

12.              The developer shall provide necessary water service connection per Water Services Department requirements and permit.

13.              The developer shall contribute money in lieu of parkland dedication in satisfaction of Section 88-408 of the Zoning and Development Code per the 2016 parkland fees based on the number of units and the following formula:

90 units (number of multi-family units) x 2 (persons per unit) x 0.006 (acres per person) = 1.08 acres x $30,360.20 (2016 parkland fee) = $32,789.02

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 hereinabove, all public notices and hearings required by the Zoning Ordinance 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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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney